Illinois 2023-2024 Regular Session

Illinois House Bill HB2724 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2724 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another. LRB103 28535 RJT 54916 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2724 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another. LRB103 28535 RJT 54916 b LRB103 28535 RJT 54916 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2724 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
4	4	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
5	5	Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
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8	8	A BILL FOR
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10	10	HB2724 LRB103 28535 RJT 54916 b
11	11	1 AN ACT concerning education.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The School Code is amended by changing Section
15	15	5 10-22.6 as follows:
16	16	6 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
17	17	7 (Text of Section before amendment by P.A. 102-466)
18	18	8 Sec. 10-22.6. Suspension or expulsion of pupils; school
19	19	9 searches.
20	20	10 (a) To expel pupils guilty of gross disobedience or
21	21	11 misconduct, including gross disobedience or misconduct
22	22	12 perpetuated by electronic means, pursuant to subsection (b-20)
23	23	13 of this Section, and no action shall lie against them for such
24	24	14 expulsion. Expulsion shall take place only after the parents
25	25	15 have been requested to appear at a meeting of the board, or
26	26	16 with a hearing officer appointed by it, to discuss their
27	27	17 child's behavior and been notified of the nature of the
28	28	18 hearing and the option of retaining legal counsel. Such
29	29	19 request shall be made by registered or certified mail and
30	30	20 shall state the time, place and purpose of the meeting. The
31	31	21 board, or a hearing officer appointed by it, at such meeting
32	32	22 shall state the reasons for dismissal and the date on which the
33	33	23 expulsion is to become effective. If a hearing officer is
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2724 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
38	38	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
39	39	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
40	40	Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
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43	43	A BILL FOR
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68	68	1 appointed by the board, he shall report to the board a written
69	69	2 summary of the evidence heard at the meeting and the board may
70	70	3 take such action thereon as it finds appropriate. If the board
71	71	4 acts to expel a pupil, the written expulsion decision shall
72	72	5 detail the specific reasons why removing the pupil from the
73	73	6 learning environment is in the best interest of the school.
74	74	7 The expulsion decision shall also include a rationale as to
75	75	8 the specific duration of the expulsion. An expelled pupil may
76	76	9 be immediately transferred to an alternative program in the
77	77	10 manner provided in Article 13A or 13B of this Code. A pupil
78	78	11 must not be denied transfer because of the expulsion, except
79	79	12 in cases in which such transfer is deemed to cause a threat to
80	80	13 the safety of students or staff in the alternative program.
81	81	14 (b) To suspend or by policy to authorize the
82	82	15 superintendent of the district or the principal, assistant
83	83	16 principal, or dean of students of any school to suspend pupils
84	84	17 guilty of gross disobedience or misconduct, or to suspend
85	85	18 pupils guilty of gross disobedience or misconduct on the
86	86	19 school bus from riding the school bus, pursuant to subsections
87	87	20 (b-15) and (b-20) of this Section, and no action shall lie
88	88	21 against them for such suspension. The board may by policy
89	89	22 authorize the superintendent of the district or the principal,
90	90	23 assistant principal, or dean of students of any school to
91	91	24 suspend pupils guilty of such acts for a period not to exceed
92	92	25 10 school days. The day after the suspension period is over,
93	93	26 the pupil may return to school. If a pupil is suspended due to
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104	104	1 gross disobedience or misconduct on a school bus, the board
105	105	2 may suspend the pupil in excess of 10 school days for safety
106	106	3 reasons. For a pupil suspended due to gross disobedience or
107	107	4 misconduct on a school bus, a written decision about whether
108	108	5 the student is permitted to use a school bus shall be made
109	109	6 within 15 days of the incident that led to the student being
110	110	7 suspended.
111	111	8 Any suspension shall be reported immediately to the
112	112	9 parents or guardian of a pupil along with a full statement of
113	113	10 the reasons for such suspension and a notice of their right to
114	114	11 a review. Schools shall offer written demonstration of
115	115	12 remediation efforts excluding out of school suspensions,
116	116	13 including, but not limited to, attempts at peer meditation,
117	117	14 in-school suspension, a shorter period of a 3 to 5 day
118	118	15 suspension, and any previous parent or legal guardian
119	119	16 communications. Schools shall also use data to track whether
120	120	17 significant disproportionality based on race and ethnicity is
121	121	18 occurring both in the State and the district with respect to
122	122	19 the incidence, duration, and type of disciplinary removals
123	123	20 from placement, including suspensions and expulsions. If it is
124	124	21 determined that significant disproportionality is occurring,
125	125	22 the school shall provide that determination for annual review
126	126	23 and, if appropriate, revision of the policies, practices, and
127	127	24 procedures used in disciplinary removals to ensure that the
128	128	25 policies, practices, and procedures comply with the district's
129	129	26 equity requirements. The school board must be given a summary
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140	140	1 of the notice, including the reason for the suspension, and
141	141	2 the suspension length, and other evidence-based alternatives
142	142	3 to suspension. Upon request of the parents or guardian, the
143	143	4 school board or a hearing officer appointed by it shall review
144	144	5 such action of the superintendent or principal, assistant
145	145	6 principal, or dean of students. At such review, the parents or
146	146	7 guardian of the pupil may appear and discuss the suspension
147	147	8 with the board or its hearing officer. If a hearing officer is
148	148	9 appointed by the board, he shall report to the board a written
149	149	10 summary of the evidence heard at the meeting. After its
150	150	11 hearing or upon receipt of the written report of its hearing
151	151	12 officer, the board may take such action as it finds
152	152	13 appropriate. If a student is suspended pursuant to this
153	153	14 subsection (b), the board shall, in the written suspension
154	154	15 decision, detail the specific act of gross disobedience or
155	155	16 misconduct resulting in the decision to suspend. The
156	156	17 suspension decision shall also include a rationale as to the
157	157	18 specific duration of the suspension. A pupil who is suspended
158	158	19 in excess of 20 school days may be immediately transferred to
159	159	20 an alternative program in the manner provided in Article 13A
160	160	21 or 13B of this Code. A pupil must not be denied transfer
161	161	22 because of the suspension, except in cases in which such
162	162	23 transfer is deemed to cause a threat to the safety of students
163	163	24 or staff in the alternative program.
164	164	25 (b-5) Among the many possible disciplinary interventions
165	165	26 and consequences available to school officials, school
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176	176	1 exclusions, such as out-of-school suspensions and expulsions,
177	177	2 are the most serious. School officials shall limit the number
178	178	3 and duration of expulsions and suspensions to the greatest
179	179	4 extent practicable, and it is recommended that they use them
180	180	5 only for legitimate educational purposes. To ensure that
181	181	6 students are not excluded from school unnecessarily, it is
182	182	7 recommended that school officials consider forms of
183	183	8 non-exclusionary discipline prior to using out-of-school
184	184	9 suspensions or expulsions.
185	185	10 (b-10) Unless otherwise required by federal law or this
186	186	11 Code, school boards may not institute zero-tolerance policies
187	187	12 by which school administrators are required to suspend or
188	188	13 expel students for particular behaviors.
189	189	14 (b-15) Out-of-school suspensions of 3 days or less may be
190	190	15 used only if the student's continuing presence in school would
191	191	16 pose a threat to school safety or a disruption to other
192	192	17 students' learning opportunities. For purposes of this
193	193	18 subsection (b-15), "threat to school safety or a disruption to
194	194	19 other students' learning opportunities" shall be determined on
195	195	20 a case-by-case basis by the school board or its designee.
196	196	21 School officials shall make all reasonable efforts to resolve
197	197	22 such threats, address such disruptions, and minimize the
198	198	23 length of suspensions to the greatest extent practicable.
199	199	24 (b-20) Unless otherwise required by this Code,
200	200	25 out-of-school suspensions of longer than 3 days, expulsions,
201	201	26 and disciplinary removals to alternative schools may be used
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212	212	1 only if other appropriate and available behavioral and
213	213	2 disciplinary interventions have been exhausted and the
214	214	3 student's continuing presence in school would either (i) pose
215	215	4 a threat to the safety of other students, staff, or members of
216	216	5 the school community or (ii) substantially disrupt, impede, or
217	217	6 interfere with the operation of the school. For purposes of
218	218	7 this subsection (b-20), "threat to the safety of other
219	219	8 students, staff, or members of the school community" and
220	220	9 "substantially disrupt, impede, or interfere with the
221	221	10 operation of the school" shall be determined on a case-by-case
222	222	11 basis by school officials. For purposes of this subsection
223	223	12 (b-20), the determination of whether "appropriate and
224	224	13 available behavioral and disciplinary interventions have been
225	225	14 exhausted" shall be made by school officials. School officials
226	226	15 shall make all reasonable efforts to resolve such threats,
227	227	16 address such disruptions, and minimize the length of student
228	228	17 exclusions to the greatest extent practicable. Within the
229	229	18 suspension decision described in subsection (b) of this
230	230	19 Section or the expulsion decision described in subsection (a)
231	231	20 of this Section, it shall be documented whether other
232	232	21 interventions were attempted or whether it was determined that
233	233	22 there were no other appropriate and available interventions.
234	234	23 (b-25) Students who are suspended out-of-school for longer
235	235	24 than 4 school days shall be provided appropriate and available
236	236	25 support services during the period of their suspension. For
237	237	26 purposes of this subsection (b-25), "appropriate and available
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248	248	1 support services" shall be determined by school authorities,
249	249	2 but shall include an option for automatically placing the
250	250	3 student in an e-learning program or distance learning program
251	251	4 through written materials if (1) the removal is for more than 5
252	252	5 consecutive school days; or (2) the child has been subjected
253	253	6 to a series of removals that constitute a pattern, because the
254	254	7 series of removals total more than 10 school days in a school
255	255	8 year, because the child's behavior is substantially similar to
256	256	9 the child's behavior in previous incidents that resulted in
257	257	10 the series of removals, and because of the effects of
258	258	11 additional factors such as the length of each removal, the
259	259	12 total amount of time the child has been removed, and the
260	260	13 proximity of the removals to one another. Within the
261	261	14 suspension decision described in subsection (b) of this
262	262	15 Section, it shall be documented whether such services are to
263	263	16 be provided or whether it was determined that there are no such
264	264	17 appropriate and available services.
265	265	18 A school district may refer students who are expelled to
266	266	19 appropriate and available support services.
267	267	20 A school district shall create a policy to facilitate the
268	268	21 re-engagement of students who are suspended out-of-school,
269	269	22 expelled, or returning from an alternative school setting.
270	270	23 (b-30) A school district shall create a policy by which
271	271	24 suspended pupils, including those pupils suspended from the
272	272	25 school bus who do not have alternate transportation to school,
273	273	26 shall have the opportunity to make up work for equivalent
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284	284	1 academic credit. It shall be the responsibility of a pupil's
285	285	2 parent or guardian to notify school officials that a pupil
286	286	3 suspended from the school bus does not have alternate
287	287	4 transportation to school.
288	288	5 (c) A school board must invite a representative from a
289	289	6 local mental health agency to consult with the board at the
290	290	7 meeting whenever there is evidence that mental illness may be
291	291	8 the cause of a student's expulsion or suspension.
292	292	9 (c-5) School districts shall make reasonable efforts to
293	293	10 provide ongoing professional development to teachers,
294	294	11 administrators, school board members, school resource
295	295	12 officers, and staff on the adverse consequences of school
296	296	13 exclusion and justice-system involvement, effective classroom
297	297	14 management strategies, culturally responsive discipline, the
298	298	15 appropriate and available supportive services for the
299	299	16 promotion of student attendance and engagement, and
300	300	17 developmentally appropriate disciplinary methods that promote
301	301	18 positive and healthy school climates.
302	302	19 (d) The board may expel a student for a definite period of
303	303	20 time not to exceed 2 calendar years, as determined on a
304	304	21 case-by-case basis. A student who is determined to have
305	305	22 brought one of the following objects to school, any
306	306	23 school-sponsored activity or event, or any activity or event
307	307	24 that bears a reasonable relationship to school shall be
308	308	25 expelled for a period of not less than one year:
309	309	26 (1) A firearm. For the purposes of this Section,
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320	320	1 "firearm" means any gun, rifle, shotgun, weapon as defined
321	321	2 by Section 921 of Title 18 of the United States Code,
322	322	3 firearm as defined in Section 1.1 of the Firearm Owners
323	323	4 Identification Card Act, or firearm as defined in Section
324	324	5 24-1 of the Criminal Code of 2012. The expulsion period
325	325	6 under this subdivision (1) may be modified by the
326	326	7 superintendent, and the superintendent's determination may
327	327	8 be modified by the board on a case-by-case basis.
328	328	9 (2) A knife, brass knuckles or other knuckle weapon
329	329	10 regardless of its composition, a billy club, or any other
330	330	11 object if used or attempted to be used to cause bodily
331	331	12 harm, including "look alikes" of any firearm as defined in
332	332	13 subdivision (1) of this subsection (d). The expulsion
333	333	14 requirement under this subdivision (2) may be modified by
334	334	15 the superintendent, and the superintendent's determination
335	335	16 may be modified by the board on a case-by-case basis.
336	336	17 Expulsion or suspension shall be construed in a manner
337	337	18 consistent with the federal Individuals with Disabilities
338	338	19 Education Act. A student who is subject to suspension or
339	339	20 expulsion as provided in this Section may be eligible for a
340	340	21 transfer to an alternative school program in accordance with
341	341	22 Article 13A of the School Code.
342	342	23 (d-5) The board may suspend or by regulation authorize the
343	343	24 superintendent of the district or the principal, assistant
344	344	25 principal, or dean of students of any school to suspend a
345	345	26 student for a period not to exceed 10 school days or may expel
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356	356	1 a student for a definite period of time not to exceed 2
357	357	2 calendar years, as determined on a case-by-case basis, if (i)
358	358	3 that student has been determined to have made an explicit
359	359	4 threat on an Internet website against a school employee, a
360	360	5 student, or any school-related personnel, (ii) the Internet
361	361	6 website through which the threat was made is a site that was
362	362	7 accessible within the school at the time the threat was made or
363	363	8 was available to third parties who worked or studied within
364	364	9 the school grounds at the time the threat was made, and (iii)
365	365	10 the threat could be reasonably interpreted as threatening to
366	366	11 the safety and security of the threatened individual because
367	367	12 of his or her duties or employment status or status as a
368	368	13 student inside the school.
369	369	14 (e) To maintain order and security in the schools, school
370	370	15 authorities may inspect and search places and areas such as
371	371	16 lockers, desks, parking lots, and other school property and
372	372	17 equipment owned or controlled by the school, as well as
373	373	18 personal effects left in those places and areas by students,
374	374	19 without notice to or the consent of the student, and without a
375	375	20 search warrant. As a matter of public policy, the General
376	376	21 Assembly finds that students have no reasonable expectation of
377	377	22 privacy in these places and areas or in their personal effects
378	378	23 left in these places and areas. School authorities may request
379	379	24 the assistance of law enforcement officials for the purpose of
380	380	25 conducting inspections and searches of lockers, desks, parking
381	381	26 lots, and other school property and equipment owned or
382	382
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392	392	1 controlled by the school for illegal drugs, weapons, or other
393	393	2 illegal or dangerous substances or materials, including
394	394	3 searches conducted through the use of specially trained dogs.
395	395	4 If a search conducted in accordance with this Section produces
396	396	5 evidence that the student has violated or is violating either
397	397	6 the law, local ordinance, or the school's policies or rules,
398	398	7 such evidence may be seized by school authorities, and
399	399	8 disciplinary action may be taken. School authorities may also
400	400	9 turn over such evidence to law enforcement authorities.
401	401	10 (f) Suspension or expulsion may include suspension or
402	402	11 expulsion from school and all school activities and a
403	403	12 prohibition from being present on school grounds.
404	404	13 (g) A school district may adopt a policy providing that if
405	405	14 a student is suspended or expelled for any reason from any
406	406	15 public or private school in this or any other state, the
407	407	16 student must complete the entire term of the suspension or
408	408	17 expulsion in an alternative school program under Article 13A
409	409	18 of this Code or an alternative learning opportunities program
410	410	19 under Article 13B of this Code before being admitted into the
411	411	20 school district if there is no threat to the safety of students
412	412	21 or staff in the alternative program.
413	413	22 (h) School officials shall not advise or encourage
414	414	23 students to drop out voluntarily due to behavioral or academic
415	415	24 difficulties.
416	416	25 (i) A student may not be issued a monetary fine or fee as a
417	417	26 disciplinary consequence, though this shall not preclude
418	418
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428	428	1 requiring a student to provide restitution for lost, stolen,
429	429	2 or damaged property.
430	430	3 (j) Subsections (a) through (i) of this Section shall
431	431	4 apply to elementary and secondary schools, charter schools,
432	432	5 special charter districts, and school districts organized
433	433	6 under Article 34 of this Code.
434	434	7 (k) The expulsion of children enrolled in programs funded
435	435	8 under Section 1C-2 of this Code is subject to the requirements
436	436	9 under paragraph (7) of subsection (a) of Section 2-3.71 of
437	437	10 this Code.
438	438	11 (l) Beginning with the 2018-2019 school year, an in-school
439	439	12 suspension program provided by a school district for any
440	440	13 students in kindergarten through grade 12 may focus on
441	441	14 promoting non-violent conflict resolution and positive
442	442	15 interaction with other students and school personnel. A school
443	443	16 district may employ a school social worker or a licensed
444	444	17 mental health professional to oversee an in-school suspension
445	445	18 program in kindergarten through grade 12.
446	446	19 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
447	447	20 102-813, eff. 5-13-22.)
448	448	21 (Text of Section after amendment by P.A. 102-466)
449	449	22 Sec. 10-22.6. Suspension or expulsion of pupils; school
450	450	23 searches.
451	451	24 (a) To expel pupils guilty of gross disobedience or
452	452	25 misconduct, including gross disobedience or misconduct
453	453
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463	463	1 perpetuated by electronic means, pursuant to subsection (b-20)
464	464	2 of this Section, and no action shall lie against them for such
465	465	3 expulsion. Expulsion shall take place only after the parents
466	466	4 or guardians have been requested to appear at a meeting of the
467	467	5 board, or with a hearing officer appointed by it, to discuss
468	468	6 their child's behavior and been notified of the nature of the
469	469	7 hearing and the option of retaining legal counsel. Such
470	470	8 request shall be made by registered or certified mail and
471	471	9 shall state the time, place and purpose of the meeting. The
472	472	10 board, or a hearing officer appointed by it, at such meeting
473	473	11 shall state the reasons for dismissal and the date on which the
474	474	12 expulsion is to become effective. If a hearing officer is
475	475	13 appointed by the board, he shall report to the board a written
476	476	14 summary of the evidence heard at the meeting and the board may
477	477	15 take such action thereon as it finds appropriate. If the board
478	478	16 acts to expel a pupil, the written expulsion decision shall
479	479	17 detail the specific reasons why removing the pupil from the
480	480	18 learning environment is in the best interest of the school.
481	481	19 The expulsion decision shall also include a rationale as to
482	482	20 the specific duration of the expulsion. An expelled pupil may
483	483	21 be immediately transferred to an alternative program in the
484	484	22 manner provided in Article 13A or 13B of this Code. A pupil
485	485	23 must not be denied transfer because of the expulsion, except
486	486	24 in cases in which such transfer is deemed to cause a threat to
487	487	25 the safety of students or staff in the alternative program.
488	488	26 (b) To suspend or by policy to authorize the
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499	499	1 superintendent of the district or the principal, assistant
500	500	2 principal, or dean of students of any school to suspend pupils
501	501	3 guilty of gross disobedience or misconduct, or to suspend
502	502	4 pupils guilty of gross disobedience or misconduct on the
503	503	5 school bus from riding the school bus, pursuant to subsections
504	504	6 (b-15) and (b-20) of this Section, and no action shall lie
505	505	7 against them for such suspension. The board may by policy
506	506	8 authorize the superintendent of the district or the principal,
507	507	9 assistant principal, or dean of students of any school to
508	508	10 suspend pupils guilty of such acts for a period not to exceed
509	509	11 10 school days. The day after the suspension period is over,
510	510	12 the pupil may return to school. If a pupil is suspended due to
511	511	13 gross disobedience or misconduct on a school bus, the board
512	512	14 may suspend the pupil in excess of 10 school days for safety
513	513	15 reasons. For a pupil suspended due to gross disobedience or
514	514	16 misconduct on a school bus, a written decision about whether
515	515	17 the student is permitted to use a school bus shall be made
516	516	18 within 15 days of the incident that led to the student being
517	517	19 suspended.
518	518	20 Any suspension shall be reported immediately to the
519	519	21 parents or guardians of a pupil along with a full statement of
520	520	22 the reasons for such suspension and a notice of their right to
521	521	23 a review. Schools shall offer written demonstration of
522	522	24 remediation efforts excluding out of school suspensions,
523	523	25 including, but not limited to, attempts at peer meditation,
524	524	26 in-school suspension, a shorter period of a 3 to 5 day
525	525
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535	535	1 suspension, and any previous parent or legal guardian
536	536	2 communications. Schools shall also use data to track whether
537	537	3 significant disproportionality based on race and ethnicity is
538	538	4 occurring both in the State and the district with respect to
539	539	5 the incidence, duration, and type of disciplinary removals
540	540	6 from placement, including suspensions and expulsions. If it is
541	541	7 determined that significant disproportionality is occurring,
542	542	8 the school shall provide that determination for annual review
543	543	9 and, if appropriate, revision of the policies, practices, and
544	544	10 procedures used in disciplinary removals to ensure that the
545	545	11 policies, practices, and procedures comply with the district's
546	546	12 equity requirements. The school board must be given a summary
547	547	13 of the notice, including the reason for the suspension, and
548	548	14 the suspension length, and other evidence-based alternatives
549	549	15 to suspension. Upon request of the parents or guardians, the
550	550	16 school board or a hearing officer appointed by it shall review
551	551	17 such action of the superintendent or principal, assistant
552	552	18 principal, or dean of students. At such review, the parents or
553	553	19 guardians of the pupil may appear and discuss the suspension
554	554	20 with the board or its hearing officer. If a hearing officer is
555	555	21 appointed by the board, he shall report to the board a written
556	556	22 summary of the evidence heard at the meeting. After its
557	557	23 hearing or upon receipt of the written report of its hearing
558	558	24 officer, the board may take such action as it finds
559	559	25 appropriate. If a student is suspended pursuant to this
560	560	26 subsection (b), the board shall, in the written suspension
561	561
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571	571	1 decision, detail the specific act of gross disobedience or
572	572	2 misconduct resulting in the decision to suspend. The
573	573	3 suspension decision shall also include a rationale as to the
574	574	4 specific duration of the suspension. A pupil who is suspended
575	575	5 in excess of 20 school days may be immediately transferred to
576	576	6 an alternative program in the manner provided in Article 13A
577	577	7 or 13B of this Code. A pupil must not be denied transfer
578	578	8 because of the suspension, except in cases in which such
579	579	9 transfer is deemed to cause a threat to the safety of students
580	580	10 or staff in the alternative program.
581	581	11 (b-5) Among the many possible disciplinary interventions
582	582	12 and consequences available to school officials, school
583	583	13 exclusions, such as out-of-school suspensions and expulsions,
584	584	14 are the most serious. School officials shall limit the number
585	585	15 and duration of expulsions and suspensions to the greatest
586	586	16 extent practicable, and it is recommended that they use them
587	587	17 only for legitimate educational purposes. To ensure that
588	588	18 students are not excluded from school unnecessarily, it is
589	589	19 recommended that school officials consider forms of
590	590	20 non-exclusionary discipline prior to using out-of-school
591	591	21 suspensions or expulsions.
592	592	22 (b-10) Unless otherwise required by federal law or this
593	593	23 Code, school boards may not institute zero-tolerance policies
594	594	24 by which school administrators are required to suspend or
595	595	25 expel students for particular behaviors.
596	596	26 (b-15) Out-of-school suspensions of 3 days or less may be
597	597
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607	607	1 used only if the student's continuing presence in school would
608	608	2 pose a threat to school safety or a disruption to other
609	609	3 students' learning opportunities. For purposes of this
610	610	4 subsection (b-15), "threat to school safety or a disruption to
611	611	5 other students' learning opportunities" shall be determined on
612	612	6 a case-by-case basis by the school board or its designee.
613	613	7 School officials shall make all reasonable efforts to resolve
614	614	8 such threats, address such disruptions, and minimize the
615	615	9 length of suspensions to the greatest extent practicable.
616	616	10 (b-20) Unless otherwise required by this Code,
617	617	11 out-of-school suspensions of longer than 3 days, expulsions,
618	618	12 and disciplinary removals to alternative schools may be used
619	619	13 only if other appropriate and available behavioral and
620	620	14 disciplinary interventions have been exhausted and the
621	621	15 student's continuing presence in school would either (i) pose
622	622	16 a threat to the safety of other students, staff, or members of
623	623	17 the school community or (ii) substantially disrupt, impede, or
624	624	18 interfere with the operation of the school. For purposes of
625	625	19 this subsection (b-20), "threat to the safety of other
626	626	20 students, staff, or members of the school community" and
627	627	21 "substantially disrupt, impede, or interfere with the
628	628	22 operation of the school" shall be determined on a case-by-case
629	629	23 basis by school officials. For purposes of this subsection
630	630	24 (b-20), the determination of whether "appropriate and
631	631	25 available behavioral and disciplinary interventions have been
632	632	26 exhausted" shall be made by school officials. School officials
633	633
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643	643	1 shall make all reasonable efforts to resolve such threats,
644	644	2 address such disruptions, and minimize the length of student
645	645	3 exclusions to the greatest extent practicable. Within the
646	646	4 suspension decision described in subsection (b) of this
647	647	5 Section or the expulsion decision described in subsection (a)
648	648	6 of this Section, it shall be documented whether other
649	649	7 interventions were attempted or whether it was determined that
650	650	8 there were no other appropriate and available interventions.
651	651	9 (b-25) Students who are suspended out-of-school for longer
652	652	10 than 4 school days shall be provided appropriate and available
653	653	11 support services during the period of their suspension. For
654	654	12 purposes of this subsection (b-25), "appropriate and available
655	655	13 support services" shall be determined by school authorities,
656	656	14 but shall include an option for automatically placing the
657	657	15 student in an e-learning program or distance learning program
658	658	16 through written materials if (1) the removal is for more than 5
659	659	17 consecutive school days; or (2) the child has been subjected
660	660	18 to a series of removals that constitute a pattern, because the
661	661	19 series of removals total more than 10 school days in a school
662	662	20 year, because the child's behavior is substantially similar to
663	663	21 the child's behavior in previous incidents that resulted in
664	664	22 the series of removals, and because of the effects of
665	665	23 additional factors such as the length of each removal, the
666	666	24 total amount of time the child has been removed, and the
667	667	25 proximity of the removals to one another. Within the
668	668	26 suspension decision described in subsection (b) of this
669	669
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679	679	1 Section, it shall be documented whether such services are to
680	680	2 be provided or whether it was determined that there are no such
681	681	3 appropriate and available services.
682	682	4 A school district may refer students who are expelled to
683	683	5 appropriate and available support services.
684	684	6 A school district shall create a policy to facilitate the
685	685	7 re-engagement of students who are suspended out-of-school,
686	686	8 expelled, or returning from an alternative school setting.
687	687	9 (b-30) A school district shall create a policy by which
688	688	10 suspended pupils, including those pupils suspended from the
689	689	11 school bus who do not have alternate transportation to school,
690	690	12 shall have the opportunity to make up work for equivalent
691	691	13 academic credit. It shall be the responsibility of a pupil's
692	692	14 parents or guardians to notify school officials that a pupil
693	693	15 suspended from the school bus does not have alternate
694	694	16 transportation to school.
695	695	17 (b-35) In all suspension review hearings conducted under
696	696	18 subsection (b) or expulsion hearings conducted under
697	697	19 subsection (a), a student may disclose any factor to be
698	698	20 considered in mitigation, including his or her status as a
699	699	21 parent, expectant parent, or victim of domestic or sexual
700	700	22 violence, as defined in Article 26A. A representative of the
701	701	23 parent's or guardian's choice, or of the student's choice if
702	702	24 emancipated, must be permitted to represent the student
703	703	25 throughout the proceedings and to address the school board or
704	704	26 its appointed hearing officer. With the approval of the
705	705
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715	715	1 student's parent or guardian, or of the student if
716	716	2 emancipated, a support person must be permitted to accompany
717	717	3 the student to any disciplinary hearings or proceedings. The
718	718	4 representative or support person must comply with any rules of
719	719	5 the school district's hearing process. If the representative
720	720	6 or support person violates the rules or engages in behavior or
721	721	7 advocacy that harasses, abuses, or intimidates either party, a
722	722	8 witness, or anyone else in attendance at the hearing, the
723	723	9 representative or support person may be prohibited from
724	724	10 further participation in the hearing or proceeding. A
725	725	11 suspension or expulsion proceeding under this subsection
726	726	12 (b-35) must be conducted independently from any ongoing
727	727	13 criminal investigation or proceeding, and an absence of
728	728	14 pending or possible criminal charges, criminal investigations,
729	729	15 or proceedings may not be a factor in school disciplinary
730	730	16 decisions.
731	731	17 (b-40) During a suspension review hearing conducted under
732	732	18 subsection (b) or an expulsion hearing conducted under
733	733	19 subsection (a) that involves allegations of sexual violence by
734	734	20 the student who is subject to discipline, neither the student
735	735	21 nor his or her representative shall directly question nor have
736	736	22 direct contact with the alleged victim. The student who is
737	737	23 subject to discipline or his or her representative may, at the
738	738	24 discretion and direction of the school board or its appointed
739	739	25 hearing officer, suggest questions to be posed by the school
740	740	26 board or its appointed hearing officer to the alleged victim.
741	741
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751	751	1 (c) A school board must invite a representative from a
752	752	2 local mental health agency to consult with the board at the
753	753	3 meeting whenever there is evidence that mental illness may be
754	754	4 the cause of a student's expulsion or suspension.
755	755	5 (c-5) School districts shall make reasonable efforts to
756	756	6 provide ongoing professional development to teachers,
757	757	7 administrators, school board members, school resource
758	758	8 officers, and staff on the adverse consequences of school
759	759	9 exclusion and justice-system involvement, effective classroom
760	760	10 management strategies, culturally responsive discipline, the
761	761	11 appropriate and available supportive services for the
762	762	12 promotion of student attendance and engagement, and
763	763	13 developmentally appropriate disciplinary methods that promote
764	764	14 positive and healthy school climates.
765	765	15 (d) The board may expel a student for a definite period of
766	766	16 time not to exceed 2 calendar years, as determined on a
767	767	17 case-by-case basis. A student who is determined to have
768	768	18 brought one of the following objects to school, any
769	769	19 school-sponsored activity or event, or any activity or event
770	770	20 that bears a reasonable relationship to school shall be
771	771	21 expelled for a period of not less than one year:
772	772	22 (1) A firearm. For the purposes of this Section,
773	773	23 "firearm" means any gun, rifle, shotgun, weapon as defined
774	774	24 by Section 921 of Title 18 of the United States Code,
775	775	25 firearm as defined in Section 1.1 of the Firearm Owners
776	776	26 Identification Card Act, or firearm as defined in Section
777	777
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783	783
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787	787	1 24-1 of the Criminal Code of 2012. The expulsion period
788	788	2 under this subdivision (1) may be modified by the
789	789	3 superintendent, and the superintendent's determination may
790	790	4 be modified by the board on a case-by-case basis.
791	791	5 (2) A knife, brass knuckles or other knuckle weapon
792	792	6 regardless of its composition, a billy club, or any other
793	793	7 object if used or attempted to be used to cause bodily
794	794	8 harm, including "look alikes" of any firearm as defined in
795	795	9 subdivision (1) of this subsection (d). The expulsion
796	796	10 requirement under this subdivision (2) may be modified by
797	797	11 the superintendent, and the superintendent's determination
798	798	12 may be modified by the board on a case-by-case basis.
799	799	13 Expulsion or suspension shall be construed in a manner
800	800	14 consistent with the federal Individuals with Disabilities
801	801	15 Education Act. A student who is subject to suspension or
802	802	16 expulsion as provided in this Section may be eligible for a
803	803	17 transfer to an alternative school program in accordance with
804	804	18 Article 13A of the School Code.
805	805	19 (d-5) The board may suspend or by regulation authorize the
806	806	20 superintendent of the district or the principal, assistant
807	807	21 principal, or dean of students of any school to suspend a
808	808	22 student for a period not to exceed 10 school days or may expel
809	809	23 a student for a definite period of time not to exceed 2
810	810	24 calendar years, as determined on a case-by-case basis, if (i)
811	811	25 that student has been determined to have made an explicit
812	812	26 threat on an Internet website against a school employee, a
813	813
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823	823	1 student, or any school-related personnel, (ii) the Internet
824	824	2 website through which the threat was made is a site that was
825	825	3 accessible within the school at the time the threat was made or
826	826	4 was available to third parties who worked or studied within
827	827	5 the school grounds at the time the threat was made, and (iii)
828	828	6 the threat could be reasonably interpreted as threatening to
829	829	7 the safety and security of the threatened individual because
830	830	8 of his or her duties or employment status or status as a
831	831	9 student inside the school.
832	832	10 (e) To maintain order and security in the schools, school
833	833	11 authorities may inspect and search places and areas such as
834	834	12 lockers, desks, parking lots, and other school property and
835	835	13 equipment owned or controlled by the school, as well as
836	836	14 personal effects left in those places and areas by students,
837	837	15 without notice to or the consent of the student, and without a
838	838	16 search warrant. As a matter of public policy, the General
839	839	17 Assembly finds that students have no reasonable expectation of
840	840	18 privacy in these places and areas or in their personal effects
841	841	19 left in these places and areas. School authorities may request
842	842	20 the assistance of law enforcement officials for the purpose of
843	843	21 conducting inspections and searches of lockers, desks, parking
844	844	22 lots, and other school property and equipment owned or
845	845	23 controlled by the school for illegal drugs, weapons, or other
846	846	24 illegal or dangerous substances or materials, including
847	847	25 searches conducted through the use of specially trained dogs.
848	848	26 If a search conducted in accordance with this Section produces
849	849
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859	859	1 evidence that the student has violated or is violating either
860	860	2 the law, local ordinance, or the school's policies or rules,
861	861	3 such evidence may be seized by school authorities, and
862	862	4 disciplinary action may be taken. School authorities may also
863	863	5 turn over such evidence to law enforcement authorities.
864	864	6 (f) Suspension or expulsion may include suspension or
865	865	7 expulsion from school and all school activities and a
866	866	8 prohibition from being present on school grounds.
867	867	9 (g) A school district may adopt a policy providing that if
868	868	10 a student is suspended or expelled for any reason from any
869	869	11 public or private school in this or any other state, the
870	870	12 student must complete the entire term of the suspension or
871	871	13 expulsion in an alternative school program under Article 13A
872	872	14 of this Code or an alternative learning opportunities program
873	873	15 under Article 13B of this Code before being admitted into the
874	874	16 school district if there is no threat to the safety of students
875	875	17 or staff in the alternative program. A school district that
876	876	18 adopts a policy under this subsection (g) must include a
877	877	19 provision allowing for consideration of any mitigating
878	878	20 factors, including, but not limited to, a student's status as
879	879	21 a parent, expectant parent, or victim of domestic or sexual
880	880	22 violence, as defined in Article 26A.
881	881	23 (h) School officials shall not advise or encourage
882	882	24 students to drop out voluntarily due to behavioral or academic
883	883	25 difficulties.
884	884	26 (i) A student may not be issued a monetary fine or fee as a
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895	895	1 disciplinary consequence, though this shall not preclude
896	896	2 requiring a student to provide restitution for lost, stolen,
897	897	3 or damaged property.
898	898	4 (j) Subsections (a) through (i) of this Section shall
899	899	5 apply to elementary and secondary schools, charter schools,
900	900	6 special charter districts, and school districts organized
901	901	7 under Article 34 of this Code.
902	902	8 (k) The expulsion of children enrolled in programs funded
903	903	9 under Section 1C-2 of this Code is subject to the requirements
904	904	10 under paragraph (7) of subsection (a) of Section 2-3.71 of
905	905	11 this Code.
906	906	12 (l) Beginning with the 2018-2019 school year, an in-school
907	907	13 suspension program provided by a school district for any
908	908	14 students in kindergarten through grade 12 may focus on
909	909	15 promoting non-violent conflict resolution and positive
910	910	16 interaction with other students and school personnel. A school
911	911	17 district may employ a school social worker or a licensed
912	912	18 mental health professional to oversee an in-school suspension
913	913	19 program in kindergarten through grade 12.
914	914	20 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
915	915	21 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
916	916	22 Section 95. No acceleration or delay. Where this Act makes
917	917	23 changes in a statute that is represented in this Act by text
918	918	24 that is not yet or no longer in effect (for example, a Section
919	919	25 represented by multiple versions), the use of that text does
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930	930	1 not accelerate or delay the taking effect of (i) the changes
931	931	2 made by this Act or (ii) provisions derived from any other
932	932	3 Public Act.
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