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| [ House Amendment 001 ] |
92_HB0268
LRB9203223NTsb
1 AN ACT respecting schools.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 10-22.6 and 34-19 as follows:
6 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
7 Sec. 10-22.6. Suspension or expulsion of pupils; school
8 searches.
9 (a) To expel pupils guilty of gross disobedience or
10 misconduct, and no action shall lie against them for such
11 expulsion. A pupil may be expelled for up to one year if he
12 or she commits any of the following offenses on school
13 property, at a school-sponsored activity or event, or at an
14 activity or event that bears a reasonable relationship to
15 school:
16 (1) Intimidation under Section 12-6 of the Criminal
17 Code of 1961.
18 (2) Aggravated intimidation under Section 12-6.2 of
19 the Criminal Code of 1961.
20 (3) Aggravated battery under Section 12-4 of the
21 Criminal Code of 1961.
22 (4) Criminal sexual assault under Section 12-13 of
23 the Criminal Code of 1961.
24 (5) Aggravated criminal sexual assault under
25 Section 12-14 of the Criminal Code of 1961.
26 (6) Predatory criminal sexual assault of a child
27 under Section 12-14.1 of the Criminal Code of 1961.
28 (7) Criminal sexual abuse under Section 12-15 of
29 the Criminal Code of 1961.
30 (8) Aggravated criminal sexual abuse under Section
31 12-16 of the Criminal Code of 1961.
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1 (9) Theft, including obtaining control over stolen
2 property, under Section 16-1 of the Criminal Code of
3 1961.
4 (10) Burglary under Section 19-1 of the Criminal
5 Code of 1961.
6 (11) Arson under Section 20-1 of the Criminal Code
7 of 1961.
8 (12) Aggravated arson under Section 20-1.1 of the
9 Criminal Code of 1961.
10 (13) Possession of explosives or explosive or
11 incendiary devices under Section 20-2 of the Criminal
12 Code of 1961.
13 (14) Criminal defacement of property under Section
14 21-1.3 of the Criminal Code of 1961 if damage to the
15 property exceeds $5,000.
16 (15) Criminal damage to government supported
17 property under Section 21-4 of the Criminal Code of 1961
18 if damage to the property exceeds $5,000.
19 (16) Unlawful delivery, use, or consumption of
20 cannabis listed in the Cannabis Control Act, a controlled
21 substance listed in the Illinois Controlled Substances
22 Act, or an intoxicating compound listed in the Use of
23 Intoxicating Compounds Act.
24 (17) Any offense specified under the Fireworks Use
25 Act.
26 Expulsion shall take place only after the parents have
27 been requested to appear at a meeting of the board, or with a
28 hearing officer appointed by it, to discuss their child's
29 behavior. Such request shall be made by registered or
30 certified mail and shall state the time, place and purpose of
31 the meeting. The board, or a hearing officer appointed by it,
32 at such meeting shall state the reasons for dismissal and the
33 date on which the expulsion is to become effective. If a
34 hearing officer is appointed by the board he shall report to
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1 the board a written summary of the evidence heard at the
2 meeting and the board may take such action thereon as it
3 finds appropriate.
4 (b) To suspend or by regulation to authorize the
5 superintendent of the district or the principal, assistant
6 principal, or dean of students of any school to suspend
7 pupils guilty of gross disobedience or misconduct, or to
8 suspend pupils guilty of gross disobedience or misconduct on
9 the school bus from riding the school bus, and no action
10 shall lie against them for such suspension. The board may by
11 regulation authorize the superintendent of the district or
12 the principal, assistant principal, or dean of students of
13 any school to suspend pupils guilty of such acts for a period
14 not to exceed 10 school days. If a pupil is suspended due to
15 gross disobedience or misconduct on a school bus, the board
16 may suspend the pupil in excess of 10 school days for safety
17 reasons. Any suspension shall be reported immediately to the
18 parents or guardian of such pupil along with a full statement
19 of the reasons for such suspension and a notice of their
20 right to a review, a copy of which shall be given to the
21 school board. Upon request of the parents or guardian the
22 school board or a hearing officer appointed by it shall
23 review such action of the superintendent or principal,
24 assistant principal, or dean of students. At such review the
25 parents or guardian of the pupil may appear and discuss the
26 suspension with the board or its hearing officer. If a
27 hearing officer is appointed by the board he shall report to
28 the board a written summary of the evidence heard at the
29 meeting. After its hearing or upon receipt of the written
30 report of its hearing officer, the board may take such action
31 as it finds appropriate.
32 (c) The Department of Human Services shall be invited to
33 send a representative to consult with the board at such
34 meeting whenever there is evidence that mental illness may be
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1 the cause for expulsion or suspension.
2 (d) The board may expel a student for a definite period
3 of time not to exceed 2 calendar years, as determined on a
4 case by case basis. A student who is determined to have
5 brought a weapon to school, any school-sponsored activity or
6 event, or any activity or event which bears a reasonable
7 relationship to school shall be expelled for a period of not
8 less than one year, except that the expulsion period may be
9 modified by the superintendent, and the superintendent's
10 determination may be modified by the board on a case by case
11 basis. For the purpose of this Section, the term "weapon"
12 means (1) possession, use, control, or transfer of any gun,
13 rifle, shotgun, weapon as defined by Section 921 of Title 18,
14 United States Code, firearm as defined in Section 1.1 of the
15 Firearm Owners Identification Act, or use of a weapon as
16 defined in Section 24-1 of the Criminal Code of 1961, (2) any
17 other object if used or attempted to be used to cause bodily
18 harm, including but not limited to, knives, brass knuckles,
19 or billy clubs, or (3) "look alikes" of any weapon as
20 defined in this Section. Expulsion or suspension shall be
21 construed in a manner consistent with the Federal Individuals
22 with Disabilities Education Act. A student who is subject to
23 suspension or expulsion as provided in this Section may be
24 eligible for a transfer to an alternative school program in
25 accordance with Article 13A of the School Code. The
26 provisions of this subsection (d) apply in all school
27 districts, including special charter districts and districts
28 organized under Article 34.
29 (e) To maintain order and security in the schools,
30 school authorities may inspect and search places and areas
31 such as lockers, desks, parking lots, and other school
32 property and equipment owned or controlled by the school, as
33 well as personal effects left in those places and areas by
34 students, without notice to or the consent of the student,
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1 and without a search warrant. As a matter of public policy,
2 the General Assembly finds that students have no reasonable
3 expectation of privacy in these places and areas or in their
4 personal effects left in these places and areas. School
5 authorities may request the assistance of law enforcement
6 officials for the purpose of conducting inspections and
7 searches of lockers, desks, parking lots, and other school
8 property and equipment owned or controlled by the school for
9 illegal drugs, weapons, or other illegal or dangerous
10 substances or materials, including searches conducted through
11 the use of specially trained dogs. If a search conducted in
12 accordance with this Section produces evidence that the
13 student has violated or is violating either the law, local
14 ordinance, or the school's policies or rules, such evidence
15 may be seized by school authorities, and disciplinary action
16 may be taken. School authorities may also turn over such
17 evidence to law enforcement authorities. The provisions of
18 this subsection (e) apply in all school districts, including
19 special charter districts and districts organized under
20 Article 34.
21 (f) Suspension or expulsion may include suspension or
22 expulsion from school and all school activities and a
23 prohibition from being present on school grounds.
24 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
25 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
26 1-1-98; 90-757, eff. 8-14-98.)
27 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
28 Sec. 34-19. By-laws, rules and regulations; business
29 transacted at regular meetings; voting; records. The board
30 shall, subject to the limitations in this Article, establish
31 by-laws, rules and regulations, which shall have the force of
32 ordinances, for the proper maintenance of a uniform system of
33 discipline for both employees and pupils, and for the entire
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1 management of the schools, and may fix the school age of
2 pupils, the minimum of which in kindergartens shall not be
3 under 4 years and in grade schools shall not be under 6
4 years. It may expel, suspend or, subject to the limitations
5 of all policies established or adopted under Section 14-8.05,
6 otherwise discipline any pupil found guilty of gross
7 disobedience, misconduct or other violation of the by-laws,
8 rules and regulations. A pupil may be expelled for up to one
9 year if he or she commits any of the following offenses on
10 school property, at a school-sponsored activity or event, or
11 at an activity or event that bears a reasonable relationship
12 to school:
13 (1) Intimidation under Section 12-6 of the Criminal
14 Code of 1961.
15 (2) Aggravated intimidation under Section 12-6.2 of
16 the Criminal Code of 1961.
17 (3) Aggravated battery under Section 12-4 of the
18 Criminal Code of 1961.
19 (4) Criminal sexual assault under Section 12-13 of
20 the Criminal Code of 1961.
21 (5) Aggravated criminal sexual assault under
22 Section 12-14 of the Criminal Code of 1961.
23 (6) Predatory criminal sexual assault of a child
24 under Section 12-14.1 of the Criminal Code of 1961.
25 (7) Criminal sexual abuse under Section 12-15 of
26 the Criminal Code of 1961.
27 (8) Aggravated criminal sexual abuse under Section
28 12-16 of the Criminal Code of 1961.
29 (9) Theft, including obtaining control over stolen
30 property, under Section 16-1 of the Criminal Code of
31 1961.
32 (10) Burglary under Section 19-1 of the Criminal
33 Code of 1961.
34 (11) Arson under Section 20-1 of the Criminal Code
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1 of 1961.
2 (12) Aggravated arson under Section 20-1.1 of the
3 Criminal Code of 1961.
4 (13) Possession of explosives or explosive or
5 incendiary devices under Section 20-2 of the Criminal
6 Code of 1961.
7 (14) Criminal defacement of property under Section
8 21-1.3 of the Criminal Code of 1961 if damage to the
9 property exceeds $5,000.
10 (15) Criminal damage to government supported
11 property under Section 21-4 of the Criminal Code of 1961
12 if damage to the property exceeds $5,000.
13 (16) Unlawful delivery, use, or consumption of
14 cannabis listed in the Cannabis Control Act, a controlled
15 substance listed in the Illinois Controlled Substances
16 Act, or an intoxicating compound listed in the Use of
17 Intoxicating Compounds Act.
18 (17) Any offense specified under the Fireworks Use
19 Act.
20 The bylaws, rules and regulations of the board shall be
21 enacted, money shall be appropriated or expended, salaries
22 shall be fixed or changed, and textbooks and courses of
23 instruction shall be adopted or changed only at the regular
24 meetings of the board and by a vote of a majority of the full
25 membership of the board; provided that notwithstanding any
26 other provision of this Article or the School Code, neither
27 the board or any local school council may purchase any
28 textbook for use in any public school of the district from
29 any textbook publisher that fails to furnish any computer
30 diskettes as required under Section 28-21. The board shall be
31 further encouraged to provide opportunities for public
32 hearing and testimony before the adoption of bylaws, rules
33 and regulations. Upon all propositions requiring for their
34 adoption at least a majority of all the members of the board
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1 the yeas and nays shall be taken and reported. The by-laws,
2 rules and regulations of the board shall not be repealed,
3 amended or added to, except by a vote of 2/3 of the full
4 membership of the board. The board shall keep a record of all
5 its proceedings. Such records and all by-laws, rules and
6 regulations, or parts thereof, may be proved by a copy
7 thereof certified to be such by the secretary of the board,
8 but if they are printed in book or pamphlet form which are
9 purported to be published by authority of the board they need
10 not be otherwise published and the book or pamphlet shall be
11 received as evidence, without further proof, of the records,
12 by-laws, rules and regulations, or any part thereof, as of
13 the dates thereof as shown in such book or pamphlet, in all
14 courts and places where judicial proceedings are had.
15 Notwithstanding any other provision in this Article or in
16 the School Code, the board may delegate to the general
17 superintendent or to the attorney the authorities granted to
18 the board in the School Code, provided such delegation and
19 appropriate oversight procedures are made pursuant to board
20 by-laws, rules and regulations, adopted as herein provided,
21 except that the board may not delegate its authorities and
22 responsibilities regarding (1) budget approval obligations;
23 (2) rule-making functions; (3) desegregation obligations; (4)
24 real estate acquisition, sale or lease in excess of 10 years
25 as provided in Section 34-21; (5) the levy of taxes; or (6)
26 any mandates imposed upon the board by "An Act in relation to
27 school reform in cities over 500,000, amending Acts herein
28 named", approved December 12, 1988 (P.A. 85-1418).
29 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
30 Section 99. Effective date. This Act takes effect on
31 July 1, 2001.