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90_HB3785
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. In cases involving a student's
expulsion for bringing a weapon to school or school-sponsored
or school-related activities or events, provides that the
one-year expulsion period, which currently may be modified by
the board, instead may be modified by the superintendent,
with the superintendent's determination being subject to
modification by the board. Provides that certain items that
currently constitute a weapon instead may be considered to be
a weapon if used or attempted to be used to cause bodily
harm.
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LRB9009945THpk
1 AN ACT to amend the School Code by changing Section
2 10-22.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 10-22.6 as follows:
7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
8 Sec. 10-22.6. Suspension or expulsion of pupils; school
9 searches.
10 (a) To expel pupils guilty of gross disobedience or
11 misconduct, and no action shall lie against them for such
12 expulsion. Expulsion shall take place only after the parents
13 have been requested to appear at a meeting of the board, or
14 with a hearing officer appointed by it, to discuss their
15 child's behavior. Such request shall be made by registered or
16 certified mail and shall state the time, place and purpose of
17 the meeting. The board, or a hearing officer appointed by it,
18 at such meeting shall state the reasons for dismissal and the
19 date on which the expulsion is to become effective. If a
20 hearing officer is appointed by the board he shall report to
21 the board a written summary of the evidence heard at the
22 meeting and the board may take such action thereon as it
23 finds appropriate.
24 (b) To suspend or by regulation to authorize the
25 superintendent of the district or the principal, assistant
26 principal, or dean of students of any school to suspend
27 pupils guilty of gross disobedience or misconduct, or to
28 suspend pupils guilty of gross disobedience or misconduct on
29 the school bus from riding the school bus, and no action
30 shall lie against them for such suspension. The board may by
31 regulation authorize the superintendent of the district or
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1 the principal, assistant principal, or dean of students of
2 any school to suspend pupils guilty of such acts for a period
3 not to exceed 10 school days. If a pupil is suspended due to
4 gross disobedience or misconduct on a school bus, the board
5 may suspend the pupil in excess of 10 school days for safety
6 reasons. Any suspension shall be reported immediately to the
7 parents or guardian of such pupil along with a full statement
8 of the reasons for such suspension and a notice of their
9 right to a review, a copy of which shall be given to the
10 school board. Upon request of the parents or guardian the
11 school board or a hearing officer appointed by it shall
12 review such action of the superintendent or principal,
13 assistant principal, or dean of students. At such review the
14 parents or guardian of the pupil may appear and discuss the
15 suspension with the board or its hearing officer. If a
16 hearing officer is appointed by the board he shall report to
17 the board a written summary of the evidence heard at the
18 meeting. After its hearing or upon receipt of the written
19 report of its hearing officer, the board may take such action
20 as it finds appropriate.
21 (c) The Department of Human Services shall be invited to
22 send a representative to consult with the board at such
23 meeting whenever there is evidence that mental illness may be
24 the cause for expulsion or suspension.
25 (d) The board may expel a student for a definite period
26 of time not to exceed 2 calendar years, as determined on a
27 case by case basis. A student who is determined to have
28 brought a weapon to school, any school-sponsored activity or
29 event, or any activity or event which bears a reasonable
30 relationship to school shall be expelled for a period of not
31 less than one year, except that the expulsion period may be
32 modified by the superintendent, and the superintendent's
33 determination may be modified by the board on a case by case
34 basis. For purposes of this Section, the term "weapon" means
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1 possession, use, control or transfer of any object which may
2 be used to cause bodily harm, including but not limited to a
3 weapon as defined by Section 921 of Title 18, United States
4 Code, firearm as defined in Section 1.1 of the Firearm Owners
5 Identification Act, or use of weapon as defined in Section
6 24-1 of the Criminal Code. The following items also may be
7 considered weapons if used or attempted or intended to be
8 used to cause bodily harm:, knives, guns, firearms, rifles,
9 shotguns, brass knuckles, billy clubs, or "look-alikes"
10 thereof, or. Such items as baseball bats, pipes, bottles,
11 locks, sticks, pencils, and pens may be considered weapons if
12 used or attempted to be used to cause bodily harm. Expulsion
13 or suspension shall be construed in a manner consistent with
14 the Federal Individuals with Disabilities Education Act. A
15 student who is subject to suspension or expulsion as provided
16 in this Section may be eligible for a transfer to an
17 alternative school program in accordance with Article 13A of
18 the School Code. The provisions of this subsection (d) apply
19 in all school districts, including special charter districts
20 and districts organized under Article 34.
21 (e) To maintain order and security in the schools,
22 school authorities may inspect and search places and areas
23 such as lockers, desks, parking lots, and other school
24 property and equipment owned or controlled by the school, as
25 well as personal effects left in those places and areas by
26 students, without notice to or the consent of the student,
27 and without a search warrant. As a matter of public policy,
28 the General Assembly finds that students have no reasonable
29 expectation of privacy in these places and areas or in their
30 personal effects left in these places and areas. School
31 authorities may request the assistance of law enforcement
32 officials for the purpose of conducting inspections and
33 searches of lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school for
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1 illegal drugs, weapons, or other illegal or dangerous
2 substances or materials, including searches conducted through
3 the use of specially trained dogs. If a search conducted in
4 accordance with this Section produces evidence that the
5 student has violated or is violating either the law, local
6 ordinance, or the school's policies or rules, such evidence
7 may be seized by school authorities, and disciplinary action
8 may be taken. School authorities may also turn over such
9 evidence to law enforcement authorities. The provisions of
10 this subsection (e) apply in all school districts, including
11 special charter districts and districts organized under
12 Article 34.
13 (f) Suspension or expulsion may include suspension or
14 expulsion from school and all school activities and a
15 prohibition from being present on school grounds.
16 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
17 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
18 1-1-98.)