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Public Act 100-0810 |
SB3466 Enrolled | LRB100 20758 AXK 36241 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
10-22.6, 26-2a, and 26-12 as follows:
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school |
searches.
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(a) To expel pupils guilty of gross disobedience or |
misconduct, including gross disobedience or misconduct |
perpetuated by electronic means, pursuant to subsection (b-20) |
of this Section, and
no action shall lie against them for such |
expulsion. Expulsion shall
take place only after the parents |
have been requested to appear at a
meeting of the board, or |
with a hearing officer appointed by it, to
discuss their |
child's behavior. Such request shall be made by registered
or |
certified mail and shall state the time, place and purpose of |
the
meeting. The board, or a hearing officer appointed by it, |
at such
meeting shall state the reasons for dismissal and the |
date on which the
expulsion is to become effective. If a |
hearing officer is appointed by
the board , he shall report to |
the board a written summary of the evidence
heard at the |
meeting and the board may take such action thereon as it
finds |
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appropriate. If the board acts to expel a pupil, the written |
expulsion decision shall detail the specific reasons why |
removing the pupil from the learning environment is in the best |
interest of the school. The expulsion decision shall also |
include a rationale as to the specific duration of the |
expulsion. An expelled pupil may be immediately transferred to |
an alternative program in the manner provided in Article 13A or |
13B of this Code. A pupil must not be denied transfer because |
of the expulsion, except in cases in which such transfer is |
deemed to cause a threat to the safety of students or staff in |
the alternative program.
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(b) To suspend or by policy to authorize the superintendent |
of
the district or the principal, assistant principal, or dean |
of students
of any school to suspend pupils guilty of gross |
disobedience or misconduct, or
to suspend pupils guilty of |
gross disobedience or misconduct on the school bus
from riding |
the school bus, pursuant to subsections (b-15) and (b-20) of |
this Section, and no action
shall lie against them for such |
suspension. The board may by policy
authorize the |
superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend pupils |
guilty of such acts for a period not to exceed
10 school days. |
If a pupil is suspended due to gross disobedience or misconduct
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on a school bus, the board may suspend the pupil in excess of |
10
school
days for safety reasons. |
Any suspension shall be reported immediately to the
parents |
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or guardian of a pupil along with a full statement of the
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reasons for such suspension and a notice of their right to a |
review. The school board must be given a summary of the notice, |
including the reason for the suspension and the suspension |
length. Upon request of the
parents or guardian , the school |
board or a hearing officer appointed by
it shall review such |
action of the superintendent or principal, assistant
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principal, or dean of students. At such
review , the parents or |
guardian of the pupil may appear and discuss the
suspension |
with the board or its hearing officer. If a hearing officer
is |
appointed by the board , he shall report to the board a written |
summary
of the evidence heard at the meeting. After its hearing |
or upon receipt
of the written report of its hearing officer, |
the board may take such
action as it finds appropriate. If a |
student is suspended pursuant to this subsection (b), the board |
shall, in the written suspension decision, detail the specific |
act of gross disobedience or misconduct resulting in the |
decision to suspend. The suspension decision shall also include |
a rationale as to the specific duration of the suspension. A |
pupil who is suspended in excess of 20 school days may be |
immediately transferred to an alternative program in the manner |
provided in Article 13A or 13B of this Code. A pupil must not |
be denied transfer because of the suspension, except in cases |
in which such transfer is deemed to cause a threat to the |
safety of students or staff in the alternative program.
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(b-5) Among the many possible disciplinary interventions |
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and consequences available to school officials, school |
exclusions, such as out-of-school suspensions and expulsions, |
are the most serious. School officials shall limit the number |
and duration of expulsions and suspensions to the greatest |
extent practicable, and it is recommended that they use them |
only for legitimate educational purposes. To ensure that |
students are not excluded from school unnecessarily, it is |
recommended that school officials consider forms of |
non-exclusionary discipline prior to using out-of-school |
suspensions or expulsions. |
(b-10) Unless otherwise required by federal law or this |
Code, school boards may not institute zero-tolerance policies |
by which school administrators are required to suspend or expel |
students for particular behaviors. |
(b-15) Out-of-school suspensions of 3 days or less may be |
used only if the student's continuing presence in school would |
pose a threat to school safety or a disruption to other |
students' learning opportunities. For purposes of this |
subsection (b-15), "threat to school safety or a disruption to |
other students' learning opportunities" shall be determined on |
a case-by-case basis by the school board or its designee. |
School officials shall make all reasonable efforts to resolve |
such threats, address such disruptions, and minimize the length |
of suspensions to the greatest extent practicable. |
(b-20) Unless otherwise required by this Code, |
out-of-school suspensions of longer than 3 days, expulsions, |
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and disciplinary removals to alternative schools may be used |
only if other appropriate and available behavioral and |
disciplinary interventions have been exhausted and the |
student's continuing presence in school would either (i) pose a
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threat to the safety of other students, staff, or members of
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the school community or (ii) substantially disrupt, impede, or
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interfere with the operation of the school. For purposes of |
this subsection (b-20), "threat to the safety of other |
students, staff, or members of the school community" and |
"substantially disrupt, impede, or interfere with the |
operation of the school" shall be determined on a case-by-case |
basis by school officials. For purposes of this subsection |
(b-20), the determination of whether "appropriate and |
available behavioral and disciplinary interventions have been |
exhausted" shall be made by school officials. School officials |
shall make all reasonable efforts to resolve such threats, |
address such disruptions, and minimize the length of student |
exclusions to the greatest extent practicable. Within the |
suspension decision described in subsection (b) of this Section |
or the expulsion decision described in subsection (a) of this |
Section, it shall be documented whether other interventions |
were attempted or whether it was determined that there were no |
other appropriate and available interventions. |
(b-25) Students who are suspended out-of-school for longer |
than 4 school days shall be provided appropriate and available |
support services during the period of their suspension. For |
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purposes of this subsection (b-25), "appropriate and available |
support services" shall be determined by school authorities. |
Within the suspension decision described in subsection (b) of |
this Section, it shall be documented whether such services are |
to be provided or whether it was determined that there are no |
such appropriate and available services. |
A school district may refer students who are expelled to |
appropriate and available support services. |
A school district shall create a policy to facilitate the |
re-engagement of students who are suspended out-of-school, |
expelled, or returning from an alternative school setting. |
(b-30) A school district shall create a policy by which |
suspended pupils, including those pupils suspended from the |
school bus who do not have alternate transportation to school, |
shall have the opportunity to make up work for equivalent |
academic credit. It shall be the responsibility of a pupil's |
parent or guardian to notify school officials that a pupil |
suspended from the school bus does not have alternate |
transportation to school. |
(c) The Department of Human Services
shall be invited to |
send a representative to consult with the board at
such meeting |
whenever there is evidence that mental illness may be the
cause |
for expulsion or suspension.
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(c-5) School districts shall make reasonable efforts to |
provide ongoing professional development to teachers, |
administrators, school board members, school resource |
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officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom |
management strategies, culturally responsive discipline, the |
appropriate and available supportive services for the |
promotion of student attendance and engagement, and |
developmentally appropriate disciplinary methods that promote |
positive and healthy school climates. |
(d) The board may expel a student for a definite period of |
time not to
exceed 2 calendar years, as determined on a |
case-by-case case by case basis.
A student who
is determined to |
have brought one of the following objects to school, any |
school-sponsored activity
or event, or any activity or event |
that bears a reasonable relationship to school shall be |
expelled for a period of not less than
one year: |
(1) A firearm. For the purposes of this Section, |
"firearm" means any gun, rifle, shotgun, weapon as defined |
by Section 921 of Title 18 of the United States Code, |
firearm as defined in Section 1.1 of the Firearm Owners |
Identification Card Act, or firearm as defined in Section |
24-1 of the Criminal Code of 2012. The expulsion period |
under this subdivision (1) may be modified by the |
superintendent, and the superintendent's determination may |
be modified by the board on a case-by-case basis. |
(2) A knife, brass knuckles or other knuckle weapon |
regardless of its composition, a billy club, or any other |
object if used or attempted to be used to cause bodily |
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harm, including "look alikes" of any firearm as defined in |
subdivision (1) of this subsection (d). The expulsion |
requirement under this subdivision (2) may be modified by |
the superintendent, and the superintendent's determination |
may be modified by the board on a case-by-case basis. |
Expulsion
or suspension
shall be construed in a
manner |
consistent with the Federal Individuals with Disabilities |
Education
Act. A student who is subject to suspension or |
expulsion as provided in this
Section may be eligible for a |
transfer to an alternative school program in
accordance with |
Article 13A of the School Code.
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(d-5) The board may suspend or by regulation
authorize the |
superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend a |
student for a period not to exceed
10 school days or may expel |
a student for a definite period of time not to
exceed 2 |
calendar years, as determined on a case-by-case case by case |
basis, if (i) that student has been determined to have made an |
explicit threat on an Internet website against a school |
employee, a student, or any school-related personnel, (ii) the |
Internet website through which the threat was made is a site |
that was accessible within the school at the time the threat |
was made or was available to third parties who worked or |
studied within the school grounds at the time the threat was |
made, and (iii) the threat could be reasonably interpreted as |
threatening to the safety and security of the threatened |
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individual because of his or her duties or employment status or |
status as a student inside the school.
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(e) To maintain order and security in the schools, school |
authorities may
inspect and search places and areas such as |
lockers, desks, parking lots, and
other school property and |
equipment owned or controlled by the school, as well
as |
personal effects left in those places and areas by students, |
without notice
to or the consent of the student, and without a |
search warrant. As a matter of
public policy, the General |
Assembly finds that students have no reasonable
expectation of |
privacy in these places and areas or in their personal effects
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left in these places and areas. School authorities may request |
the assistance
of law enforcement officials for the purpose of |
conducting inspections and
searches of lockers, desks, parking |
lots, and other school property and
equipment owned or |
controlled by the school for illegal drugs, weapons, or
other
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illegal or dangerous substances or materials, including |
searches conducted
through the use of specially trained dogs. |
If a search conducted in accordance
with this Section produces |
evidence that the student has violated or is
violating either |
the law, local ordinance, or the school's policies or rules,
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such evidence may be seized by school authorities, and |
disciplinary action may
be taken. School authorities may also |
turn over such evidence to law
enforcement authorities.
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(f) Suspension or expulsion may include suspension or |
expulsion from
school and all school activities and a |
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prohibition from being present on school
grounds.
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(g) A school district may adopt a policy providing that if |
a student
is suspended or expelled for any reason from any |
public or private school
in this or any other state, the |
student must complete the entire term of
the suspension or |
expulsion in an alternative school program under Article 13A of |
this Code or an alternative learning opportunities program |
under Article 13B of this Code before being admitted into the |
school
district if there is no threat to the safety of students |
or staff in the alternative program.
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(h) School officials shall not advise or encourage students |
to drop out voluntarily due to behavioral or academic |
difficulties. |
(i) A student may not be issued a monetary fine or fee as a |
disciplinary consequence, though this shall not preclude |
requiring a student to provide restitution for lost, stolen, or |
damaged property. |
(j) Subsections (a) through (i) of this Section shall apply |
to elementary and secondary schools, charter schools, special |
charter districts, and school districts organized under |
Article 34 of this Code. |
(k) The expulsion of children enrolled in programs funded |
under Section 1C-2 of this Code is subject to the requirements |
under paragraph (7) of subsection (a) of Section 2-3.71 of this |
Code. |
(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; |
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revised 1-22-18.)
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(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) |
Sec. 26-2a. A "truant" is defined as a child subject to |
compulsory school
attendance and who is absent without valid |
cause from such attendance for
a school day or portion thereof. |
"Valid cause" for absence shall be illness, observance of a |
religious
holiday, death in the immediate family,
family |
emergency, and shall include such other situations beyond the |
control
of the student as determined by the board of education |
in each district,
or such other circumstances which cause |
reasonable concern to the parent
for the mental, emotional, or |
physical safety or health or safety of the student. |
"Chronic or habitual truant" shall be defined as a child |
who is subject to compulsory
school attendance and who is |
absent without valid cause from such attendance
for 5% or more |
of the previous 180 regular attendance days. |
"Truant minor" is defined as a chronic truant to whom |
supportive
services, including prevention, diagnostic, |
intervention and remedial
services, alternative programs and |
other school and community resources
have been provided and |
have failed to result in the cessation of chronic
truancy, or |
have been offered and refused. |
A "dropout" is defined as any child enrolled in grades 9 |
through 12 whose
name has been removed from the district |
enrollment roster for any reason
other than the student's |
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death, extended illness, removal for medical non-compliance, |
expulsion, aging out, graduation, or completion of a
program of |
studies and who has not transferred to another public or |
private school and is not known to be home-schooled by his or |
her parents or guardians or continuing school in another |
country. |
"Religion" for the purposes of this Article, includes all |
aspects of
religious observance and practice, as well as |
belief. |
(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
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(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
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Sec. 26-12. Punitive action. |
(a) No punitive action ,
including out of school |
suspensions, expulsions or court action, shall
be taken against |
chronic truants for such truancy unless appropriate and |
available supportive services
and other school resources have |
been provided to the student.
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(b) A school district may not refer a truant, chronic |
truant, or truant minor to any other local public entity, as |
defined under Section 1-206 of the Local Governmental and |
Governmental Employees Tort Immunity Act, for that local public |
entity to issue the child a fine or a fee as punishment for his |
or her truancy. |
(c) A school district may refer any person having custody |
or control of a truant, chronic truant, or truant minor to any |
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other local public entity, as defined under Section 1-206 of |
the Local Governmental and Governmental Employees Tort |
Immunity Act, for that local public entity to issue the person |
a fine or fee for the child's truancy only if the school |
district's truant officer, regional office of education, or |
intermediate service center has been notified of the truant |
behavior and the school district, regional office of education, |
or intermediate service center has offered all appropriate and |
available supportive services and other school resources to the |
child. Before a school district may refer a person having |
custody or control of a child to a municipality, as defined |
under Section 1-1-2 of the Illinois Municipal Code, the school |
district must provide the following appropriate and available |
services: |
(1) For any child who is a homeless child, as defined |
under Section 1-5 of the Education for Homeless Children |
Act, a meeting between the child, the person having custody |
or control of the child, relevant school personnel, and a |
homeless liaison to discuss any barriers to the child's |
attendance due to the child's transitional living |
situation and to construct a plan that removes these |
barriers. |
(2) For any child with a documented disability, a |
meeting between the child, the person having custody or |
control of the child, and relevant school personnel to |
review the child's current needs and address the |
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appropriateness of the child's placement and services. For |
any child subject to Article 14 of this Code, this meeting |
shall be an individualized education program meeting and |
shall include relevant members of the individualized |
education program team. For any child with a disability |
under Section 504 of the federal Rehabilitation Act of 1973 |
(29 U.S.C. 794), this meeting shall be a Section 504 plan |
review and include relevant members of the Section 504 plan |
team. |
(3) For any child currently being evaluated by a school |
district for a disability or for whom the school has a |
basis of knowledge that the child is a child with a |
disability under 20 U.S.C. 1415(k)(5), the completion of |
the evaluation and determination of the child's |
eligibility for special education services. |
(d) Before a school district may refer a person having |
custody or control of a child to a local public entity under |
this Section, the school district must document any appropriate |
and available supportive services offered to the child. In the |
event a meeting under this Section does not occur, a school |
district must have documentation that it made reasonable |
efforts to convene the meeting at a mutually convenient time |
and date for the school district and the person having custody |
or control of the child and, but for the conduct of that |
person, the meeting would have occurred. |
(Source: P.A. 85-234.)
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