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92nd General Assembly

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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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