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Public Act 92-0064
SB376 Enrolled LRB9205498NTsb
AN ACT in relation to education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 2-3.13a and 10-22.6 as follows:
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
Sec. 2-3.13a. Scholastic records; transferring students.
The State Board of Education shall establish and implement
rules requiring all of the public schools and all private or
nonpublic elementary and secondary schools located in this
State, whenever any such school has a student who is
transferring to any other public elementary or secondary
school located in this or in any other state, to forward
within 10 days of notice of the student's transfer an
unofficial record of that student's grades to the school to
which such student is transferring. Each public school at
the same time also shall forward to the school to which the
student is transferring the remainder of the student's school
student records as required by the Illinois School Student
Records Act. In addition, if a student is transferring from a
public school, whether located in this or any other state,
from which the student has been suspended or expelled for
knowingly possessing in a school building or on school
grounds a weapon as defined in the Gun Free Schools Act (20
U.S.C. 8921 et seq.), for knowingly possessing, selling, or
delivering in a school building or on school grounds a
controlled substance or cannabis, or for battering a staff
member of the school, and if the period of suspension or
expulsion has not expired at the time the student attempts to
transfer into another public school in the same or any other
school district: (i) any school student records required to
be transferred shall include the date and duration of the
period of suspension or expulsion; and (ii) with the
exception of transfers into the Department of Corrections
school district, the student shall not be permitted to attend
class in the public school into which he or she is
transferring until the student has served the entire period
of the suspension or expulsion imposed by the school from
which the student is transferring, provided that the school
board may approve the placement of the student in an
alternative school program established under Article 13A of
this Code Act. 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 before being admitted into the school district.
This policy may allow placement of the student in an
alternative school program established under Article 13A of
this Code, if available, for the remainder of the suspension
or expulsion. Each public school and each private or
nonpublic elementary or secondary school in this State shall
within 10 days after the student has paid all of his or her
outstanding fines and fees and at its own expense forward an
official transcript of the scholastic records of each student
transferring from that school in strict accordance with the
provisions of this Section and the rules established by the
State Board of Education as herein provided.
The State Board of Education shall develop a one-page
standard form that Illinois school districts are required to
provide to any student who is moving out of the school
district and that contains the information about whether or
not the student is "in good standing" and whether or not his
or her medical records are up-to-date and complete. As used
in this Section, "in good standing" means that the student is
not being disciplined by a suspension or expulsion, but is
entitled to attend classes. No school district is required
to admit a new student who is transferring from another
Illinois school district unless he or she can produce the
standard form from the student's previous school district
enrollment. No school district is required to admit a new
student who is transferring from an out-of-state public
school unless the parent or guardian of the student certifies
in writing that the student is not currently serving a
suspension or expulsion imposed by the school from which the
student is transferring.
(Source: P.A. 91-365, eff. 7-30-99.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, 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 appropriate.
(b) To suspend or by regulation 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, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant 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 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 or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. 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 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.
(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.
(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 basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the superintendent, and the superintendent's
determination may be modified by the board on a case by case
basis. For the purpose of this Section, the term "weapon"
means (1) possession, use, control, or transfer of any gun,
rifle, shotgun, weapon as defined by Section 921 of Title 18,
United States Code, firearm as defined in Section 1.1 of the
Firearm Owners Identification Act, or use of a weapon as
defined in Section 24-1 of the Criminal Code, (2) any other
object if used or attempted to be used to cause bodily harm,
including but not limited to, knives, brass knuckles, or
billy clubs, or (3) "look alikes" of any weapon as defined in
this Section. 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. The
provisions of this subsection (d) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(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 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 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, 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. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(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 before being admitted into the school district.
This policy may allow placement of the student in an
alternative school program established under Article 13A of
this Code, if available, for the remainder of the suspension
or expulsion. This subsection (g) applies to all school
districts, including special charter districts and districts
organized under Article 34 of this Code.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
1-1-98; 90-757, eff. 8-14-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2001.
Approved July 12, 2001.
Effective July 12, 2001.
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