Illinois 2023-2024 Regular Session

Illinois House Bill HB3412 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB3412 EngrossedLRB103 30173 RJT 56601 b HB3412 Engrossed LRB103 30173 RJT 56601 b
2		-	HB3412 Engrossed LRB103 30173 RJT 56601 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3412 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the School Boards Article of the School Code. Provides that school personnel may not refer a student to any other local public entity, school public resource officer, or peace officer for the purpose of a local public entity issuing the child a fine or a fee for an incident or behavior that has been or can be pursued through the school district's available disciplinary interventions and consequences. Amends the School Board and Compulsory Attendance Articles of the School Code to make conforming changes. Effective immediately. LRB103 30173 RJT 56601 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3412 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the School Boards Article of the School Code. Provides that school personnel may not refer a student to any other local public entity, school public resource officer, or peace officer for the purpose of a local public entity issuing the child a fine or a fee for an incident or behavior that has been or can be pursued through the school district's available disciplinary interventions and consequences. Amends the School Board and Compulsory Attendance Articles of the School Code to make conforming changes. Effective immediately. LRB103 30173 RJT 56601 b LRB103 30173 RJT 56601 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3412 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
	4	+	105 ILCS 5/1-3 from Ch. 122, par. 1-3
	5	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	6	+	105 ILCS 5/26-12 from Ch. 122, par. 26-12
	7	+	Amends the School Boards Article of the School Code. Provides that school personnel may not refer a student to any other local public entity, school public resource officer, or peace officer for the purpose of a local public entity issuing the child a fine or a fee for an incident or behavior that has been or can be pursued through the school district's available disciplinary interventions and consequences. Amends the School Board and Compulsory Attendance Articles of the School Code to make conforming changes. Effective immediately.
	8	+	LRB103 30173 RJT 56601 b LRB103 30173 RJT 56601 b
	9	+	LRB103 30173 RJT 56601 b
	10	+	A BILL FOR
	11	+	HB3412LRB103 30173 RJT 56601 b HB3412 LRB103 30173 RJT 56601 b
	12	+	HB3412 LRB103 30173 RJT 56601 b
3	13		1 AN ACT concerning education.
4	14		2 Be it enacted by the People of the State of Illinois,
5	15		3 represented in the General Assembly:
6	16		4 Section 5. The School Code is amended by changing Sections
7	17		5 1-3, 10-22.6, and 26-12 as follows:
8	18		6 (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
9	19		7 Sec. 1-3. Definitions. In this Code:
10	20		8 The terms "common schools", "free schools" and "public
11	21		9 schools" are used interchangeably to apply to any school
12	22		10 operated by authority of this Act.
13	23		11 "School board" means the governing body of any district
14	24		12 created or operating under authority of this Code, including
15	25		13 board of school directors and board of education. When the
16	26		14 context so indicates it also means the governing body of any
17	27		15 non-high school district and of any special charter district,
18	28		16 including a board of school inspectors.
19	29		17 "School fees" or "fees" means any monetary charge
20	30		18 collected by a public school, public school district, or
21	31		19 charter school from a student or the parents or guardian of a
22	32		20 student as a prerequisite for the student's participation in
23	33		21 any curricular or extracurricular program of the school or
24	34		22 school district as defined under paragraphs (1) and (2) of
25	35		23 subsection (a) of Section 1.245 of Title 23 of the Illinois
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	39	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3412 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
	40	+	105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
	41	+	105 ILCS 5/1-3 from Ch. 122, par. 1-3
	42	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	43	+	105 ILCS 5/26-12 from Ch. 122, par. 26-12
	44	+	Amends the School Boards Article of the School Code. Provides that school personnel may not refer a student to any other local public entity, school public resource officer, or peace officer for the purpose of a local public entity issuing the child a fine or a fee for an incident or behavior that has been or can be pursued through the school district's available disciplinary interventions and consequences. Amends the School Board and Compulsory Attendance Articles of the School Code to make conforming changes. Effective immediately.
	45	+	LRB103 30173 RJT 56601 b LRB103 30173 RJT 56601 b
	46	+	LRB103 30173 RJT 56601 b
	47	+	A BILL FOR
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	53	+	105 ILCS 5/1-3 from Ch. 122, par. 1-3
	54	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	55	+	105 ILCS 5/26-12 from Ch. 122, par. 26-12
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34	74		1 Administrative Code.
35		-	2 "School personnel" means persons ~~who are~~ employed by, ~~who~~
36		-	3 ~~are on contract~~ with, or who volunteer in a school district,
37		-	4 ~~charter school,~~ or non-public, non-sectarian elementary or
38		-	5 ~~secondary school,~~ including, without limitation, school and
39		-	6 ~~school district~~ administrators, teachers, school social
40		-	7 ~~workers, school~~ counselors, school psychologists, school
41		-	8 ~~nurses, cafeteria~~ workers, custodians, bus drivers, school
42		-	9 ~~resource officers,~~ and security guards.
	75	+	2 "School personnel" means persons employed by, on contract
	76	+	3 with, or who volunteer in a school district, charter school,
	77	+	4 or non-public, non-sectarian elementary or secondary school,
	78	+	5 including, without limitation, school and school district
	79	+	6 administrators, teachers, school social workers, school
	80	+	7 counselors, school psychologists, school nurses, cafeteria
	81	+	8 workers, custodians, bus drivers, school resource officers,
	82	+	9 and security guards.
43	83		10 "Special charter district" means any city, township, or
44	84		11 district organized into a school district, under a special Act
45	85		12 or charter of the General Assembly or in which schools are now
46	86		13 managed and operating within such unit in whole or in part
47	87		14 under the terms of such special Act or charter.
48	88		15 (Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
49	89		16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
50	90		17 (Text of Section before amendment by P.A. 102-466)
51	91		18 Sec. 10-22.6. Suspension or expulsion of pupils; school
52	92		19 searches.
53	93		20 (a) To expel pupils guilty of gross disobedience or
54	94		21 misconduct, including gross disobedience or misconduct
55	95		22 perpetuated by electronic means, pursuant to subsection (b-20)
56	96		23 of this Section, and no action shall lie against them for such
57	97		24 expulsion. Expulsion shall take place only after the parents
58	98		25 have been requested to appear at a meeting of the board, or
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69	109		1 with a hearing officer appointed by it, to discuss their
70	110		2 child's behavior. Such request shall be made by registered or
71	111		3 certified mail and shall state the time, place and purpose of
72	112		4 the meeting. The board, or a hearing officer appointed by it,
73	113		5 at such meeting shall state the reasons for dismissal and the
74	114		6 date on which the expulsion is to become effective. If a
75	115		7 hearing officer is appointed by the board, he shall report to
76	116		8 the board a written summary of the evidence heard at the
77	117		9 meeting and the board may take such action thereon as it finds
78	118		10 appropriate. If the board acts to expel a pupil, the written
79	119		11 expulsion decision shall detail the specific reasons why
80	120		12 removing the pupil from the learning environment is in the
81	121		13 best interest of the school. The expulsion decision shall also
82	122		14 include a rationale as to the specific duration of the
83	123		15 expulsion. An expelled pupil may be immediately transferred to
84	124		16 an alternative program in the manner provided in Article 13A
85	125		17 or 13B of this Code. A pupil must not be denied transfer
86	126		18 because of the expulsion, except in cases in which such
87	127		19 transfer is deemed to cause a threat to the safety of students
88	128		20 or staff in the alternative program.
89	129		21 (b) To suspend or by policy to authorize the
90	130		22 superintendent of the district or the principal, assistant
91	131		23 principal, or dean of students of any school to suspend pupils
92	132		24 guilty of gross disobedience or misconduct, or to suspend
93	133		25 pupils guilty of gross disobedience or misconduct on the
94	134		26 school bus from riding the school bus, pursuant to subsections
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105	145		1 (b-15) and (b-20) of this Section, and no action shall lie
106	146		2 against them for such suspension. The board may by policy
107	147		3 authorize the superintendent of the district or the principal,
108	148		4 assistant principal, or dean of students of any school to
109	149		5 suspend pupils guilty of such acts for a period not to exceed
110	150		6 10 school days. If a pupil is suspended due to gross
111	151		7 disobedience or misconduct on a school bus, the board may
112	152		8 suspend the pupil in excess of 10 school days for safety
113	153		9 reasons.
114	154		10 Any suspension shall be reported immediately to the
115	155		11 parents or guardian of a pupil along with a full statement of
116	156		12 the reasons for such suspension and a notice of their right to
117	157		13 a review. The school board must be given a summary of the
118	158		14 notice, including the reason for the suspension and the
119	159		15 suspension length. Upon request of the parents or guardian,
120	160		16 the school board or a hearing officer appointed by it shall
121	161		17 review such action of the superintendent or principal,
122	162		18 assistant principal, or dean of students. At such review, the
123	163		19 parents or guardian of the pupil may appear and discuss the
124	164		20 suspension with the board or its hearing officer. If a hearing
125	165		21 officer is appointed by the board, he shall report to the board
126	166		22 a written summary of the evidence heard at the meeting. After
127	167		23 its hearing or upon receipt of the written report of its
128	168		24 hearing officer, the board may take such action as it finds
129	169		25 appropriate. If a student is suspended pursuant to this
130	170		26 subsection (b), the board shall, in the written suspension
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141	181		1 decision, detail the specific act of gross disobedience or
142	182		2 misconduct resulting in the decision to suspend. The
143	183		3 suspension decision shall also include a rationale as to the
144	184		4 specific duration of the suspension. A pupil who is suspended
145	185		5 in excess of 20 school days may be immediately transferred to
146	186		6 an alternative program in the manner provided in Article 13A
147	187		7 or 13B of this Code. A pupil must not be denied transfer
148	188		8 because of the suspension, except in cases in which such
149	189		9 transfer is deemed to cause a threat to the safety of students
150	190		10 or staff in the alternative program.
151	191		11 (b-5) Among the many possible disciplinary interventions
152	192		12 and consequences available to school officials, school
153	193		13 exclusions, such as out-of-school suspensions and expulsions,
154	194		14 are the most serious. School officials shall limit the number
155	195		15 and duration of expulsions and suspensions to the greatest
156	196		16 extent practicable, and it is recommended that they use them
157	197		17 only for legitimate educational purposes. To ensure that
158	198		18 students are not excluded from school unnecessarily, it is
159	199		19 recommended that school officials consider forms of
160	200		20 non-exclusionary discipline prior to using out-of-school
161	201		21 suspensions or expulsions.
162	202		22 (b-10) Unless otherwise required by federal law or this
163	203		23 Code, school boards may not institute zero-tolerance policies
164	204		24 by which school administrators are required to suspend or
165	205		25 expel students for particular behaviors.
166	206		26 (b-15) Out-of-school suspensions of 3 days or less may be
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177	217		1 used only if the student's continuing presence in school would
178	218		2 pose a threat to school safety or a disruption to other
179	219		3 students' learning opportunities. For purposes of this
180	220		4 subsection (b-15), "threat to school safety or a disruption to
181	221		5 other students' learning opportunities" shall be determined on
182	222		6 a case-by-case basis by the school board or its designee.
183	223		7 School officials shall make all reasonable efforts to resolve
184	224		8 such threats, address such disruptions, and minimize the
185	225		9 length of suspensions to the greatest extent practicable.
186	226		10 (b-20) Unless otherwise required by this Code,
187	227		11 out-of-school suspensions of longer than 3 days, expulsions,
188	228		12 and disciplinary removals to alternative schools may be used
189	229		13 only if other appropriate and available behavioral and
190	230		14 disciplinary interventions have been exhausted and the
191	231		15 student's continuing presence in school would either (i) pose
192	232		16 a threat to the safety of other students, staff, or members of
193	233		17 the school community or (ii) substantially disrupt, impede, or
194	234		18 interfere with the operation of the school. For purposes of
195	235		19 this subsection (b-20), "threat to the safety of other
196	236		20 students, staff, or members of the school community" and
197	237		21 "substantially disrupt, impede, or interfere with the
198	238		22 operation of the school" shall be determined on a case-by-case
199	239		23 basis by school officials. For purposes of this subsection
200	240		24 (b-20), the determination of whether "appropriate and
201	241		25 available behavioral and disciplinary interventions have been
202	242		26 exhausted" shall be made by school officials. School officials
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213	253		1 shall make all reasonable efforts to resolve such threats,
214	254		2 address such disruptions, and minimize the length of student
215	255		3 exclusions to the greatest extent practicable. Within the
216	256		4 suspension decision described in subsection (b) of this
217	257		5 Section or the expulsion decision described in subsection (a)
218	258		6 of this Section, it shall be documented whether other
219	259		7 interventions were attempted or whether it was determined that
220	260		8 there were no other appropriate and available interventions.
221	261		9 (b-25) Students who are suspended out-of-school for longer
222	262		10 than 4 school days shall be provided appropriate and available
223	263		11 support services during the period of their suspension. For
224	264		12 purposes of this subsection (b-25), "appropriate and available
225	265		13 support services" shall be determined by school authorities.
226	266		14 Within the suspension decision described in subsection (b) of
227	267		15 this Section, it shall be documented whether such services are
228	268		16 to be provided or whether it was determined that there are no
229	269		17 such appropriate and available services.
230	270		18 A school district may refer students who are expelled to
231	271		19 appropriate and available support services.
232	272		20 A school district shall create a policy to facilitate the
233	273		21 re-engagement of students who are suspended out-of-school,
234	274		22 expelled, or returning from an alternative school setting.
235	275		23 (b-30) A school district shall create a policy by which
236	276		24 suspended pupils, including those pupils suspended from the
237	277		25 school bus who do not have alternate transportation to school,
238	278		26 shall have the opportunity to make up work for equivalent
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249	289		1 academic credit. It shall be the responsibility of a pupil's
250	290		2 parent or guardian to notify school officials that a pupil
251	291		3 suspended from the school bus does not have alternate
252	292		4 transportation to school.
253	293		5 (c) A school board must invite a representative from a
254	294		6 local mental health agency to consult with the board at the
255	295		7 meeting whenever there is evidence that mental illness may be
256	296		8 the cause of a student's expulsion or suspension.
257	297		9 (c-5) School districts shall make reasonable efforts to
258	298		10 provide ongoing professional development to teachers,
259	299		11 administrators, school board members, school resource
260	300		12 officers, and staff on the adverse consequences of school
261	301		13 exclusion and justice-system involvement, effective classroom
262	302		14 management strategies, culturally responsive discipline, the
263	303		15 appropriate and available supportive services for the
264	304		16 promotion of student attendance and engagement, and
265	305		17 developmentally appropriate disciplinary methods that promote
266	306		18 positive and healthy school climates.
267	307		19 (d) The board may expel a student for a definite period of
268	308		20 time not to exceed 2 calendar years, as determined on a
269	309		21 case-by-case basis. A student who is determined to have
270	310		22 brought one of the following objects to school, any
271	311		23 school-sponsored activity or event, or any activity or event
272	312		24 that bears a reasonable relationship to school shall be
273	313		25 expelled for a period of not less than one year:
274	314		26 (1) A firearm. For the purposes of this Section,
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285	325		1 "firearm" means any gun, rifle, shotgun, weapon as defined
286	326		2 by Section 921 of Title 18 of the United States Code,
287	327		3 firearm as defined in Section 1.1 of the Firearm Owners
288	328		4 Identification Card Act, or firearm as defined in Section
289	329		5 24-1 of the Criminal Code of 2012. The expulsion period
290	330		6 under this subdivision (1) may be modified by the
291	331		7 superintendent, and the superintendent's determination may
292	332		8 be modified by the board on a case-by-case basis.
293	333		9 (2) A knife, brass knuckles or other knuckle weapon
294	334		10 regardless of its composition, a billy club, or any other
295	335		11 object if used or attempted to be used to cause bodily
296	336		12 harm, including "look alikes" of any firearm as defined in
297	337		13 subdivision (1) of this subsection (d). The expulsion
298	338		14 requirement under this subdivision (2) may be modified by
299	339		15 the superintendent, and the superintendent's determination
300	340		16 may be modified by the board on a case-by-case basis.
301	341		17 Expulsion or suspension shall be construed in a manner
302	342		18 consistent with the federal Individuals with Disabilities
303	343		19 Education Act. A student who is subject to suspension or
304	344		20 expulsion as provided in this Section may be eligible for a
305	345		21 transfer to an alternative school program in accordance with
306	346		22 Article 13A of the School Code.
307	347		23 (d-5) The board may suspend or by regulation authorize the
308	348		24 superintendent of the district or the principal, assistant
309	349		25 principal, or dean of students of any school to suspend a
310	350		26 student for a period not to exceed 10 school days or may expel
311	351
312	352
313	353
314	354
315	355
316		-	HB3412 ~~Engrossed~~ - 9 - LRB103 30173 RJT 56601 b
	356	+	HB3412 - 9 - LRB103 30173 RJT 56601 b
317	357
318	358
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320		-	HB3412 ~~Engrossed~~ - 10 - LRB103 30173 RJT 56601 b
	359	+	HB3412- 10 -LRB103 30173 RJT 56601 b HB3412 - 10 - LRB103 30173 RJT 56601 b
	360	+	HB3412 - 10 - LRB103 30173 RJT 56601 b
321	361		1 a student for a definite period of time not to exceed 2
322	362		2 calendar years, as determined on a case-by-case basis, if (i)
323	363		3 that student has been determined to have made an explicit
324	364		4 threat on an Internet website against a school employee, a
325	365		5 student, or any school-related personnel, (ii) the Internet
326	366		6 website through which the threat was made is a site that was
327	367		7 accessible within the school at the time the threat was made or
328	368		8 was available to third parties who worked or studied within
329	369		9 the school grounds at the time the threat was made, and (iii)
330	370		10 the threat could be reasonably interpreted as threatening to
331	371		11 the safety and security of the threatened individual because
332	372		12 of his or her duties or employment status or status as a
333	373		13 student inside the school.
334	374		14 (e) To maintain order and security in the schools, school
335	375		15 authorities may inspect and search places and areas such as
336	376		16 lockers, desks, parking lots, and other school property and
337	377		17 equipment owned or controlled by the school, as well as
338	378		18 personal effects left in those places and areas by students,
339	379		19 without notice to or the consent of the student, and without a
340	380		20 search warrant. As a matter of public policy, the General
341	381		21 Assembly finds that students have no reasonable expectation of
342	382		22 privacy in these places and areas or in their personal effects
343	383		23 left in these places and areas. School authorities may request
344	384		24 the assistance of law enforcement officials for the purpose of
345	385		25 conducting inspections and searches of lockers, desks, parking
346	386		26 lots, and other school property and equipment owned or
347	387
348	388
349	389
350	390
351	391
352		-	HB3412 ~~Engrossed~~ - 10 - LRB103 30173 RJT 56601 b
	392	+	HB3412 - 10 - LRB103 30173 RJT 56601 b
353	393
354	394
355		-	HB3412 ~~Engrossed~~- 11 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 11 - LRB103 30173 RJT 56601 b
356		-	HB3412 ~~Engrossed~~ - 11 - LRB103 30173 RJT 56601 b
	395	+	HB3412- 11 -LRB103 30173 RJT 56601 b HB3412 - 11 - LRB103 30173 RJT 56601 b
	396	+	HB3412 - 11 - LRB103 30173 RJT 56601 b
357	397		1 controlled by the school for illegal drugs, weapons, or other
358	398		2 illegal or dangerous substances or materials, including
359	399		3 searches conducted through the use of specially trained dogs.
360	400		4 If a search conducted in accordance with this Section produces
361	401		5 evidence that the student has violated or is violating either
362	402		6 the law, local ordinance, or the school's policies or rules,
363	403		7 such evidence may be seized by school authorities, and
364	404		8 disciplinary action may be taken. School authorities may also
365	405		9 turn over such evidence to law enforcement authorities.
366	406		10 (f) Suspension or expulsion may include suspension or
367	407		11 expulsion from school and all school activities and a
368	408		12 prohibition from being present on school grounds.
369	409		13 (g) A school district may adopt a policy providing that if
370	410		14 a student is suspended or expelled for any reason from any
371	411		15 public or private school in this or any other state, the
372	412		16 student must complete the entire term of the suspension or
373	413		17 expulsion in an alternative school program under Article 13A
374	414		18 of this Code or an alternative learning opportunities program
375	415		19 under Article 13B of this Code before being admitted into the
376	416		20 school district if there is no threat to the safety of students
377	417		21 or staff in the alternative program.
378	418		22 (h) School officials shall not advise or encourage
379	419		23 students to drop out voluntarily due to behavioral or academic
380	420		24 difficulties.
381	421		25 (i) A student may not be issued a monetary fine or fee as a
382	422		26 disciplinary consequence, though this shall not preclude
383	423
384	424
385	425
386	426
387	427
388		-	HB3412 ~~Engrossed~~ - 11 - LRB103 30173 RJT 56601 b
	428	+	HB3412 - 11 - LRB103 30173 RJT 56601 b
389	429
390	430
391		-	HB3412 ~~Engrossed~~- 12 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 12 - LRB103 30173 RJT 56601 b
392		-	HB3412 ~~Engrossed~~ - 12 - LRB103 30173 RJT 56601 b
	431	+	HB3412- 12 -LRB103 30173 RJT 56601 b HB3412 - 12 - LRB103 30173 RJT 56601 b
	432	+	HB3412 - 12 - LRB103 30173 RJT 56601 b
393	433		1 requiring a student to provide restitution for lost, stolen,
394	434		2 or damaged property. School personnel may not refer a student
395	435		3 to any other local public entity, as defined under Section
396	436		4 1-206 of the Local Governmental and Governmental Employees
397		-	5 Tort Immunity Act, school resource officer, as defined ~~under~~
398		-	6 Section 10-20.68 of this Code, or peace officer, as ~~defined~~
399		-	7 under Section 2-13 of the Criminal Code ~~of 2012~~, for the
400		-	8 purpose of a local public entity issuing the ~~student~~ a fine or
401		-	9 a fee for an incident or behavior that has been or can be
402		-	10 ~~pursued~~ through the school district's available disciplinary
	437	+	5 Tort Immunity Act, school public resource officer, as defined
	438	+	6 under Section 10-20.68 of this Code, or peace officer, as
	439	+	7 defined under Section 2-13 of the Criminal Code, for the
	440	+	8 purpose of a local public entity issuing the child a fine or a
	441	+	9 fee for an incident or behavior that has been or can be pursued
	442	+	10 through the school district's available disciplinary
403	443		11 interventions and consequences.
404		-	12 ~~This subsection~~ (i) ~~does not modify school disciplinary~~
405		-	13 ~~responses provided under this Section or Section 10-20.14 of~~
406		-	14 ~~this Code that exist before the effective date of this~~
407		-	15 ~~amendatory Act~~ of ~~the 103rd General Assembly or responses to~~
408		-	16 ~~alleged delinquent or criminal conduct set forth~~ in ~~this Code,~~
409		-	17 ~~Article V~~ of ~~the Juvenile Court Act of 1987, or~~ the ~~Criminal~~
410		-	18 ~~Code~~ of ~~2012~~.
411		-	19 ~~(j) Subsections (a) through (i) of~~ this ~~Section shall~~
412		-	20 ~~apply to elementary and secondary schools~~, ~~charter schools,~~
413		-	21 ~~special charter districts,~~ ~~and~~ school ~~districts organized~~
414		-	22 ~~under Article 34 of this Code.~~
415		-	23 ~~(k) The expulsion of children enrolled in programs funded~~
416		-	24 ~~under Section 1C-2~~ ~~of this Code is subject to the requirements~~
417		-	25 ~~under paragraph (7) of subsection (~~a~~) of Section 2-3.71 of~~
418		-	26 ~~this Code.~~
	444	+	12 (j) Subsections (a) through (i) of this Section shall
	445	+	13 apply to elementary and secondary schools, charter schools,
	446	+	14 special charter districts, and school districts organized
	447	+	15 under Article 34 of this Code.
	448	+	16 (k) The expulsion of children enrolled in programs funded
	449	+	17 under Section 1C-2 of this Code is subject to the requirements
	450	+	18 under paragraph (7) of subsection (a) of Section 2-3.71 of
	451	+	19 this Code.
	452	+	20 (l) Beginning with the 2018-2019 school year, an in-school
	453	+	21 suspension program provided by a school district for any
	454	+	22 students in kindergarten through grade 12 may focus on
	455	+	23 promoting non-violent conflict resolution and positive
	456	+	24 interaction with other students and school personnel. A school
	457	+	25 district may employ a school social worker or a licensed
	458	+	26 mental health professional to oversee an in-school suspension
419	459
420	460
421	461
422	462
423	463
424		-	HB3412 ~~Engrossed~~ - 12 - LRB103 30173 RJT 56601 b
	464	+	HB3412 - 12 - LRB103 30173 RJT 56601 b
425	465
426	466
427		-	HB3412 ~~Engrossed~~- 13 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 13 - LRB103 30173 RJT 56601 b
428		-	HB3412 ~~Engrossed~~ - 13 - LRB103 30173 RJT 56601 b
429		-	1 ~~(l) Beginning with the 2018-2019 school year, an~~ in~~-school~~
430		-	2 ~~suspension program provided by a school district for any~~
431		-	3 ~~students in kindergarten through grade 12 may focus on~~
432		-	4 ~~promoting non-violent conflict resolution and positive~~
433		-	5 ~~interaction with other students and~~ school ~~personnel. A school~~
434		-	6 ~~district may employ a school social worker or a licensed~~
435		-	7 ~~mental health professional~~ to ~~oversee an in-school~~ ~~suspension~~
436		-	8 ~~program in kindergarten through grade 12.~~
437		-	9 ~~(Source: P.A. 101-81~~, ~~eff. 7-12-19; 102-539, eff. 8~~-20~~-21;~~
438		-	10 ~~102-813~~, ~~eff. 5-13-22.)~~
439		-	11 ~~(Text of Section~~ after ~~amendment by P.A. 102-466)~~
440		-	12 ~~Sec. 10-22.6. Suspension~~ or ~~expulsion~~ of ~~pupils; school~~
441		-	13 ~~searches.~~
442		-	14 ~~(a) To expel pupils guilty of gross disobedience or~~
443		-	15 ~~misconduct, including gross disobedience~~ or ~~misconduct~~
444		-	16 ~~perpetuated by electronic means~~, ~~pursuant to subsection (b-20)~~
445		-	17 ~~of this Section~~, ~~and no action~~ shall ~~lie against them~~ for ~~such~~
446		-	18 ~~expulsion.~~ Expulsion ~~shall take place only after the parents~~
447		-	19 ~~or guardians have been requested to appear at~~ a ~~meeting of~~ the
448		-	20 board~~, or with~~ a ~~hearing officer appointed by it, to discuss~~
449		-	21 ~~their child's behavior.~~ Such ~~request shall be made by~~
450		-	22 ~~registered or certified mail and shall state~~ the ~~time~~, ~~place~~
451		-	23 ~~and purpose of~~ the ~~meeting. The board, or a hearing officer~~
452		-	24 ~~appointed by it, at such meeting shall state~~ the ~~reasons for~~
453		-	25 ~~dismissal and~~ the ~~date on which~~ the expulsion ~~is to become~~
	467	+	HB3412- 13 -LRB103 30173 RJT 56601 b HB3412 - 13 - LRB103 30173 RJT 56601 b
	468	+	HB3412 - 13 - LRB103 30173 RJT 56601 b
	469	+	1 program in kindergarten through grade 12.
	470	+	2 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
	471	+	3 102-813, eff. 5-13-22.)
	472	+	4 (Text of Section after amendment by P.A. 102-466)
	473	+	5 Sec. 10-22.6. Suspension or expulsion of pupils; school
	474	+	6 searches.
	475	+	7 (a) To expel pupils guilty of gross disobedience or
	476	+	8 misconduct, including gross disobedience or misconduct
	477	+	9 perpetuated by electronic means, pursuant to subsection (b-20)
	478	+	10 of this Section, and no action shall lie against them for such
	479	+	11 expulsion. Expulsion shall take place only after the parents
	480	+	12 or guardians have been requested to appear at a meeting of the
	481	+	13 board, or with a hearing officer appointed by it, to discuss
	482	+	14 their child's behavior. Such request shall be made by
	483	+	15 registered or certified mail and shall state the time, place
	484	+	16 and purpose of the meeting. The board, or a hearing officer
	485	+	17 appointed by it, at such meeting shall state the reasons for
	486	+	18 dismissal and the date on which the expulsion is to become
	487	+	19 effective. If a hearing officer is appointed by the board, he
	488	+	20 shall report to the board a written summary of the evidence
	489	+	21 heard at the meeting and the board may take such action thereon
	490	+	22 as it finds appropriate. If the board acts to expel a pupil,
	491	+	23 the written expulsion decision shall detail the specific
	492	+	24 reasons why removing the pupil from the learning environment
	493	+	25 is in the best interest of the school. The expulsion decision
454	494
455	495
456	496
457	497
458	498
459		-	HB3412 ~~Engrossed~~ - 13 - LRB103 30173 RJT 56601 b
	499	+	HB3412 - 13 - LRB103 30173 RJT 56601 b
460	500
461	501
462		-	HB3412 ~~Engrossed~~- 14 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 14 - LRB103 30173 RJT 56601 b
463		-	HB3412 ~~Engrossed~~ - 14 - LRB103 30173 RJT 56601 b
464		-	1 ~~effective. If~~ a ~~hearing officer is appointed by~~ the ~~board, he~~
465		-	2 ~~shall report to~~ the ~~board a written summary of the evidence~~
466		-	3 ~~heard at~~ the ~~meeting and the board may take such action thereon~~
467		-	4 ~~as it finds appropriate~~. ~~If the board acts to expel~~ a pupil,
468		-	5 ~~the written expulsion decision shall detail~~ the ~~specific~~
469		-	6 ~~reasons why removing~~ the ~~pupil from the learning environment~~
470		-	7 is in the ~~best interest of the school~~. ~~The expulsion decision~~
471		-	8 ~~shall also include a rationale as~~ to the ~~specific duration of~~
472		-	9 the ~~expulsion. An expelled pupil may be immediately~~
473		-	10 ~~transferred~~ to ~~an alternative program in the manner provided~~
474		-	11 ~~in Article 13A~~ or ~~13B of this Code. A pupil must not be denied~~
475		-	12 ~~transfer because~~ of the ~~expulsion, except in cases in which~~
476		-	13 ~~such transfer is deemed~~ to ~~cause a threat to the safety of~~
477		-	14 ~~students or staff in the alternative program.~~
478		-	15 ~~(b) To suspend or~~ by policy ~~to authorize the~~
479		-	16 superintendent of the district or the principal, ~~assistant~~
480		-	17 principal, or dean of students of any school to ~~suspend pupils~~
481		-	18 guilty of ~~gross disobedience or misconduct,~~ or to ~~suspend~~
482		-	19 ~~pupils guilty of~~ gross ~~disobedience or misconduct on the~~
483		-	20 ~~school bus from riding the~~ school bus, ~~pursuant to subsections~~
484		-	21 ~~(b-15) and (b-20)~~ of ~~this Section,~~ ~~and no action shall lie~~
485		-	22 ~~against them for such suspension~~. ~~The board may by policy~~
486		-	23 ~~authorize~~ the ~~superintendent of the district or the principal,~~
487		-	24 ~~assistant principal,~~ or ~~dean~~ of ~~students~~ of ~~any school to~~
488		-	25 ~~suspend pupils guilty~~ of ~~such acts for a period not~~ to ~~exceed~~
489		-	26 10 school ~~days. If~~ a ~~pupil is suspended due to gross~~
	502	+	HB3412- 14 -LRB103 30173 RJT 56601 b HB3412 - 14 - LRB103 30173 RJT 56601 b
	503	+	HB3412 - 14 - LRB103 30173 RJT 56601 b
	504	+	1 shall also include a rationale as to the specific duration of
	505	+	2 the expulsion. An expelled pupil may be immediately
	506	+	3 transferred to an alternative program in the manner provided
	507	+	4 in Article 13A or 13B of this Code. A pupil must not be denied
	508	+	5 transfer because of the expulsion, except in cases in which
	509	+	6 such transfer is deemed to cause a threat to the safety of
	510	+	7 students or staff in the alternative program.
	511	+	8 (b) To suspend or by policy to authorize the
	512	+	9 superintendent of the district or the principal, assistant
	513	+	10 principal, or dean of students of any school to suspend pupils
	514	+	11 guilty of gross disobedience or misconduct, or to suspend
	515	+	12 pupils guilty of gross disobedience or misconduct on the
	516	+	13 school bus from riding the school bus, pursuant to subsections
	517	+	14 (b-15) and (b-20) of this Section, and no action shall lie
	518	+	15 against them for such suspension. The board may by policy
	519	+	16 authorize the superintendent of the district or the principal,
	520	+	17 assistant principal, or dean of students of any school to
	521	+	18 suspend pupils guilty of such acts for a period not to exceed
	522	+	19 10 school days. If a pupil is suspended due to gross
	523	+	20 disobedience or misconduct on a school bus, the board may
	524	+	21 suspend the pupil in excess of 10 school days for safety
	525	+	22 reasons.
	526	+	23 Any suspension shall be reported immediately to the
	527	+	24 parents or guardians of a pupil along with a full statement of
	528	+	25 the reasons for such suspension and a notice of their right to
	529	+	26 a review. The school board must be given a summary of the
490	530
491	531
492	532
493	533
494	534
495		-	HB3412 ~~Engrossed~~ - 14 - LRB103 30173 RJT 56601 b
	535	+	HB3412 - 14 - LRB103 30173 RJT 56601 b
496	536
497	537
498		-	HB3412 ~~Engrossed~~- 15 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 15 - LRB103 30173 RJT 56601 b
499		-	HB3412 ~~Engrossed~~ - 15 - LRB103 30173 RJT 56601 b
500		-	1 ~~disobedience or misconduct on a school bus,~~ the ~~board may~~
501		-	2 ~~suspend~~ the ~~pupil in excess of 10 school days for safety~~
502		-	3 ~~reasons.~~
503		-	4 ~~Any suspension shall be reported immediately to~~ the
504		-	5 ~~parents~~ or ~~guardians~~ of ~~a pupil along with a full statement of~~
505		-	6 the ~~reasons for such suspension~~ and ~~a notice of their right to~~
506		-	7 ~~a review.~~ The ~~school~~ board ~~must be given~~ a ~~summary of the~~
507		-	8 ~~notice, including~~ the ~~reason for~~ the ~~suspension and the~~
508		-	9 ~~suspension length.~~ ~~Upon request~~ of the ~~parents or guardians,~~
509		-	10 ~~the school board~~ or ~~a hearing officer appointed by it shall~~
510		-	11 ~~review~~ such action ~~of the superintendent or principal,~~
511		-	12 ~~assistant principal, or dean of students~~. ~~At such review,~~ ~~the~~
512		-	13 ~~parents or guardians of~~ the ~~pupil may appear and discuss~~ the
513		-	14 ~~suspension with~~ the ~~board~~ or ~~its hearing officer. If a hearing~~
514		-	15 ~~officer is appointed by~~ the ~~board, he shall report~~ to the ~~board~~
515		-	16 a ~~written summary of~~ the ~~evidence heard at the meeting. After~~
516		-	17 ~~its hearing or upon receipt~~ of the ~~written report of its~~
517		-	18 ~~hearing officer,~~ ~~the board~~ may ~~take such action as it finds~~
518		-	19 ~~appropriate. If a student is suspended pursuant to this~~
519		-	20 ~~subsection (b), the board shall,~~ ~~in the written suspension~~
520		-	21 ~~decision, detail~~ the ~~specific act of gross disobedience or~~
521		-	22 ~~misconduct resulting in~~ the ~~decision to suspend. The~~
522		-	23 ~~suspension decision shall also include a rationale as to~~ the
523		-	24 ~~specific duration of~~ the ~~suspension. A pupil who is suspended~~
524		-	25 ~~in excess of 20~~ school ~~days may be immediately transferred to~~
525		-	26 ~~an alternative program in the manner provided in Article 13A~~
	538	+	HB3412- 15 -LRB103 30173 RJT 56601 b HB3412 - 15 - LRB103 30173 RJT 56601 b
	539	+	HB3412 - 15 - LRB103 30173 RJT 56601 b
	540	+	1 notice, including the reason for the suspension and the
	541	+	2 suspension length. Upon request of the parents or guardians,
	542	+	3 the school board or a hearing officer appointed by it shall
	543	+	4 review such action of the superintendent or principal,
	544	+	5 assistant principal, or dean of students. At such review, the
	545	+	6 parents or guardians of the pupil may appear and discuss the
	546	+	7 suspension with the board or its hearing officer. If a hearing
	547	+	8 officer is appointed by the board, he shall report to the board
	548	+	9 a written summary of the evidence heard at the meeting. After
	549	+	10 its hearing or upon receipt of the written report of its
	550	+	11 hearing officer, the board may take such action as it finds
	551	+	12 appropriate. If a student is suspended pursuant to this
	552	+	13 subsection (b), the board shall, in the written suspension
	553	+	14 decision, detail the specific act of gross disobedience or
	554	+	15 misconduct resulting in the decision to suspend. The
	555	+	16 suspension decision shall also include a rationale as to the
	556	+	17 specific duration of the suspension. A pupil who is suspended
	557	+	18 in excess of 20 school days may be immediately transferred to
	558	+	19 an alternative program in the manner provided in Article 13A
	559	+	20 or 13B of this Code. A pupil must not be denied transfer
	560	+	21 because of the suspension, except in cases in which such
	561	+	22 transfer is deemed to cause a threat to the safety of students
	562	+	23 or staff in the alternative program.
	563	+	24 (b-5) Among the many possible disciplinary interventions
	564	+	25 and consequences available to school officials, school
	565	+	26 exclusions, such as out-of-school suspensions and expulsions,
526	566
527	567
528	568
529	569
530	570
531		-	HB3412 ~~Engrossed~~ - 15 - LRB103 30173 RJT 56601 b
	571	+	HB3412 - 15 - LRB103 30173 RJT 56601 b
532	572
533	573
534		-	HB3412 ~~Engrossed~~- 16 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 16 - LRB103 30173 RJT 56601 b
535		-	HB3412 ~~Engrossed~~ - 16 - LRB103 30173 RJT 56601 b
536		-	1 ~~or 13B of this Code~~. ~~A pupil must not be denied transfer~~
537		-	2 ~~because~~ of the ~~suspension, except in cases in which such~~
538		-	3 ~~transfer~~ is ~~deemed to cause a threat to the safety of students~~
539		-	4 ~~or staff in the alternative program.~~
540		-	5 ~~(b-5) Among the many possible disciplinary interventions~~
541		-	6 ~~and consequences available to~~ school officials~~, school~~
542		-	7 ~~exclusions, such as~~ out-of-school ~~suspensions and expulsions,~~
543		-	8 ~~are the most serious~~. ~~School officials shall limit the number~~
544		-	9 ~~and duration of expulsions and suspensions to the greatest~~
545		-	10 ~~extent practicable~~, ~~and it is recommended that they use them~~
546		-	11 ~~only for legitimate educational purposes.~~ To ~~ensure that~~
547		-	12 students ~~are not excluded from school unnecessarily, it is~~
548		-	13 ~~recommended that~~ school ~~officials consider forms~~ of
549		-	14 ~~non-exclusionary discipline prior to using out-of-~~school
550		-	15 ~~suspensions~~ or ~~expulsions.~~
551		-	16 ~~(b-10) Unless otherwise required by federal law or~~ this
552		-	17 ~~Code~~, school ~~boards may not institute zero-tolerance policies~~
553		-	18 ~~by which school administrators are required to suspend or~~
554		-	19 ~~expel students for particular behaviors~~.
555		-	20 ~~(b-15) Out-of-~~school ~~suspensions of 3 days or less may be~~
556		-	21 ~~used only if~~ the ~~student's continuing presence in school would~~
557		-	22 ~~pose a threat~~ to ~~school safety or a disruption to other~~
558		-	23 ~~students' learning opportunities.~~ ~~For purposes of~~ this
559		-	24 ~~subsection (b-15)~~, ~~"threat to school safety or a disruption to~~
560		-	25 ~~other students'~~ ~~learning opportunities"~~ ~~shall~~ be ~~determined on~~
561		-	26 ~~a case-by-case basis by the school board or its designee.~~
	574	+	HB3412- 16 -LRB103 30173 RJT 56601 b HB3412 - 16 - LRB103 30173 RJT 56601 b
	575	+	HB3412 - 16 - LRB103 30173 RJT 56601 b
	576	+	1 are the most serious. School officials shall limit the number
	577	+	2 and duration of expulsions and suspensions to the greatest
	578	+	3 extent practicable, and it is recommended that they use them
	579	+	4 only for legitimate educational purposes. To ensure that
	580	+	5 students are not excluded from school unnecessarily, it is
	581	+	6 recommended that school officials consider forms of
	582	+	7 non-exclusionary discipline prior to using out-of-school
	583	+	8 suspensions or expulsions.
	584	+	9 (b-10) Unless otherwise required by federal law or this
	585	+	10 Code, school boards may not institute zero-tolerance policies
	586	+	11 by which school administrators are required to suspend or
	587	+	12 expel students for particular behaviors.
	588	+	13 (b-15) Out-of-school suspensions of 3 days or less may be
	589	+	14 used only if the student's continuing presence in school would
	590	+	15 pose a threat to school safety or a disruption to other
	591	+	16 students' learning opportunities. For purposes of this
	592	+	17 subsection (b-15), "threat to school safety or a disruption to
	593	+	18 other students' learning opportunities" shall be determined on
	594	+	19 a case-by-case basis by the school board or its designee.
	595	+	20 School officials shall make all reasonable efforts to resolve
	596	+	21 such threats, address such disruptions, and minimize the
	597	+	22 length of suspensions to the greatest extent practicable.
	598	+	23 (b-20) Unless otherwise required by this Code,
	599	+	24 out-of-school suspensions of longer than 3 days, expulsions,
	600	+	25 and disciplinary removals to alternative schools may be used
	601	+	26 only if other appropriate and available behavioral and
562	602
563	603
564	604
565	605
566	606
567		-	HB3412 ~~Engrossed~~ - 16 - LRB103 30173 RJT 56601 b
	607	+	HB3412 - 16 - LRB103 30173 RJT 56601 b
568	608
569	609
570		-	HB3412 ~~Engrossed~~- 17 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 17 - LRB103 30173 RJT 56601 b
571		-	HB3412 ~~Engrossed~~ - 17 - LRB103 30173 RJT 56601 b
572		-	1 ~~School officials shall make all reasonable efforts to resolve~~
573		-	2 ~~such threats,~~ ~~address such disruptions,~~ ~~and minimize the~~
574		-	3 ~~length of suspensions~~ to the ~~greatest extent practicable.~~
575		-	4 (~~b-20~~) ~~Unless otherwise required by this Code,~~
576		-	5 ~~out-of-school suspensions~~ of ~~longer than 3 days,~~ ~~expulsions,~~
577		-	6 ~~and disciplinary removals~~ to ~~alternative schools may be used~~
578		-	7 ~~only if other appropriate~~ and ~~available behavioral and~~
579		-	8 ~~disciplinary interventions have been exhausted and~~ the
580		-	9 ~~student's continuing presence in~~ school ~~would either (i) pose~~
581		-	10 ~~a threat to the safety~~ of ~~other students, staff, or members of~~
582		-	11 the ~~school community or (ii) substantially disrupt, impede, or~~
583		-	12 ~~interfere with the operation of the school. For purposes of~~
584		-	13 ~~this subsection (b-20), "threat~~ ~~to the safety of other~~
585		-	14 ~~students~~, ~~staff, or members of the school community" and~~
586		-	15 ~~"substantially disrupt~~, ~~impede, or interfere with~~ the
587		-	16 ~~operation of~~ the ~~school" shall be determined on a case-by-case~~
588		-	17 ~~basis by school officials.~~ ~~For purposes~~ of this ~~subsection~~
589		-	18 ~~(b-20),~~ the ~~determination of whether "appropriate~~ ~~and~~
590		-	19 ~~available behavioral and disciplinary interventions have been~~
591		-	20 ~~exhausted" shall be made by school officials.~~ ~~School officials~~
592		-	21 ~~shall make all reasonable efforts to resolve such threats,~~
593		-	22 ~~address such disruptions,~~ ~~and minimize the length of student~~
594		-	23 ~~exclusions to the greatest extent practicable.~~ ~~Within the~~
595		-	24 ~~suspension decision described in subsection (b)~~ of ~~this~~
596		-	25 ~~Section or the expulsion decision described in~~ subsection (a)
597		-	26 ~~of this Section, it~~ shall be ~~documented whether other~~
	610	+	HB3412- 17 -LRB103 30173 RJT 56601 b HB3412 - 17 - LRB103 30173 RJT 56601 b
	611	+	HB3412 - 17 - LRB103 30173 RJT 56601 b
	612	+	1 disciplinary interventions have been exhausted and the
	613	+	2 student's continuing presence in school would either (i) pose
	614	+	3 a threat to the safety of other students, staff, or members of
	615	+	4 the school community or (ii) substantially disrupt, impede, or
	616	+	5 interfere with the operation of the school. For purposes of
	617	+	6 this subsection (b-20), "threat to the safety of other
	618	+	7 students, staff, or members of the school community" and
	619	+	8 "substantially disrupt, impede, or interfere with the
	620	+	9 operation of the school" shall be determined on a case-by-case
	621	+	10 basis by school officials. For purposes of this subsection
	622	+	11 (b-20), the determination of whether "appropriate and
	623	+	12 available behavioral and disciplinary interventions have been
	624	+	13 exhausted" shall be made by school officials. School officials
	625	+	14 shall make all reasonable efforts to resolve such threats,
	626	+	15 address such disruptions, and minimize the length of student
	627	+	16 exclusions to the greatest extent practicable. Within the
	628	+	17 suspension decision described in subsection (b) of this
	629	+	18 Section or the expulsion decision described in subsection (a)
	630	+	19 of this Section, it shall be documented whether other
	631	+	20 interventions were attempted or whether it was determined that
	632	+	21 there were no other appropriate and available interventions.
	633	+	22 (b-25) Students who are suspended out-of-school for longer
	634	+	23 than 4 school days shall be provided appropriate and available
	635	+	24 support services during the period of their suspension. For
	636	+	25 purposes of this subsection (b-25), "appropriate and available
	637	+	26 support services" shall be determined by school authorities.
598	638
599	639
600	640
601	641
602	642
603		-	HB3412 ~~Engrossed~~ - 17 - LRB103 30173 RJT 56601 b
	643	+	HB3412 - 17 - LRB103 30173 RJT 56601 b
604	644
605	645
606		-	HB3412 ~~Engrossed~~- 18 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 18 - LRB103 30173 RJT 56601 b
607		-	HB3412 ~~Engrossed~~ - 18 - LRB103 30173 RJT 56601 b
608		-	1 ~~interventions were attempted or whether it was determined that~~
609		-	2 ~~there were no other appropriate and available interventions.~~
610		-	3 ~~(b-25) Students who~~ are ~~suspended out-of-school for longer~~
611		-	4 ~~than 4 school days shall be provided~~ appropriate and available
612		-	5 ~~support services during the period of their suspension.~~ ~~For~~
613		-	6 ~~purposes of this subsection (b-25), "~~appropriate and available
614		-	7 ~~support services"~~ shall ~~be determined by school authorities.~~
615		-	8 ~~Within the suspension decision described in subsection (b)~~ of
616		-	9 ~~this Section~~, ~~it shall be documented whether such services are~~
617		-	10 ~~to be provided or whether it was determined that there are no~~
618		-	11 ~~such appropriate and available services.~~
619		-	12 A school ~~district may refer students~~ who ~~are expelled~~ to
620		-	13 ~~appropriate and available support services.~~
621		-	14 ~~A school district~~ shall ~~create~~ a ~~policy to facilitate the~~
622		-	15 ~~re-engagement of students who are suspended out-of-school,~~
623		-	16 ~~expelled, or returning~~ from ~~an alternative~~ school ~~setting.~~
624		-	17 ~~(b-30) A~~ school ~~district shall create a policy by which~~
625		-	18 ~~suspended pupils,~~ ~~including those pupils suspended from the~~
626		-	19 ~~school bus who do not have alternate transportation to school,~~
627		-	20 ~~shall have the opportunity~~ to ~~make up work for equivalent~~
628		-	21 ~~academic credit.~~ ~~It shall be the responsibility of~~ a ~~pupil's~~
629		-	22 ~~parents~~ or ~~guardians to notify school officials that a pupil~~
630		-	23 ~~suspended from~~ the ~~school bus does not have alternate~~
631		-	24 ~~transportation to school.~~
632		-	25 ~~(b-35) In all suspension review hearings conducted under~~
633		-	26 ~~subsection (b)~~ or ~~expulsion hearings conducted under~~
	646	+	HB3412- 18 -LRB103 30173 RJT 56601 b HB3412 - 18 - LRB103 30173 RJT 56601 b
	647	+	HB3412 - 18 - LRB103 30173 RJT 56601 b
	648	+	1 Within the suspension decision described in subsection (b) of
	649	+	2 this Section, it shall be documented whether such services are
	650	+	3 to be provided or whether it was determined that there are no
	651	+	4 such appropriate and available services.
	652	+	5 A school district may refer students who are expelled to
	653	+	6 appropriate and available support services.
	654	+	7 A school district shall create a policy to facilitate the
	655	+	8 re-engagement of students who are suspended out-of-school,
	656	+	9 expelled, or returning from an alternative school setting.
	657	+	10 (b-30) A school district shall create a policy by which
	658	+	11 suspended pupils, including those pupils suspended from the
	659	+	12 school bus who do not have alternate transportation to school,
	660	+	13 shall have the opportunity to make up work for equivalent
	661	+	14 academic credit. It shall be the responsibility of a pupil's
	662	+	15 parents or guardians to notify school officials that a pupil
	663	+	16 suspended from the school bus does not have alternate
	664	+	17 transportation to school.
	665	+	18 (b-35) In all suspension review hearings conducted under
	666	+	19 subsection (b) or expulsion hearings conducted under
	667	+	20 subsection (a), a student may disclose any factor to be
	668	+	21 considered in mitigation, including his or her status as a
	669	+	22 parent, expectant parent, or victim of domestic or sexual
	670	+	23 violence, as defined in Article 26A. A representative of the
	671	+	24 parent's or guardian's choice, or of the student's choice if
	672	+	25 emancipated, must be permitted to represent the student
	673	+	26 throughout the proceedings and to address the school board or
634	674
635	675
636	676
637	677
638	678
639		-	HB3412 ~~Engrossed~~ - 18 - LRB103 30173 RJT 56601 b
	679	+	HB3412 - 18 - LRB103 30173 RJT 56601 b
640	680
641	681
642		-	HB3412 ~~Engrossed~~- 19 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 19 - LRB103 30173 RJT 56601 b
643		-	HB3412 ~~Engrossed~~ - 19 - LRB103 30173 RJT 56601 b
644		-	1 ~~subsection (a), a student may disclose any factor to be~~
645		-	2 ~~considered in mitigation, including his~~ or ~~her status as a~~
646		-	3 ~~parent~~, ~~expectant parent,~~ ~~or victim of domestic or sexual~~
647		-	4 ~~violence, as defined in Article 26A~~. ~~A representative of~~ the
648		-	5 ~~parent's~~ or ~~guardian's choice,~~ or of ~~the student's choice if~~
649		-	6 ~~emancipated, must be permitted to represent~~ the ~~student~~
650		-	7 ~~throughout~~ the ~~proceedings and to address the school board~~ or
651		-	8 ~~its appointed hearing officer.~~ ~~With the approval of the~~
652		-	9 ~~student's parent or guardian~~, or of the ~~student if~~
653		-	10 ~~emancipated, a~~ support person ~~must~~ be ~~permitted to accompany~~
654		-	11 the ~~student to any disciplinary hearings~~ or ~~proceedings~~. ~~The~~
655		-	12 ~~representative~~ or ~~support person must comply with any rules of~~
656		-	13 ~~the school district's hearing process.~~ ~~If the representative~~
657		-	14 ~~or support person violates the rules~~ or ~~engages in behavior or~~
658		-	15 ~~advocacy that harasses, abuses,~~ or ~~intimidates either party~~, a
659		-	16 ~~witness,~~ or ~~anyone else~~ in ~~attendance at the hearing, the~~
660		-	17 ~~representative or support person may be prohibited from~~
661		-	18 ~~further participation in the~~ hearing ~~or proceeding. A~~
662		-	19 ~~suspension~~ or expulsion ~~proceeding~~ under ~~this subsection~~
663		-	20 (~~b-35~~) ~~must be conducted independently from any ongoing~~
664		-	21 ~~criminal investigation or proceeding~~, ~~and an absence of~~
665		-	22 ~~pending~~ or ~~possible criminal charges,~~ ~~criminal investigations,~~
666		-	23 ~~or proceedings may not be a factor in school disciplinary~~
667		-	24 ~~decisions.~~
668		-	25 ~~(b-40) During a suspension review hearing conducted under~~
669		-	26 ~~subsection (b) or an expulsion~~ hearing ~~conducted under~~
	682	+	HB3412- 19 -LRB103 30173 RJT 56601 b HB3412 - 19 - LRB103 30173 RJT 56601 b
	683	+	HB3412 - 19 - LRB103 30173 RJT 56601 b
	684	+	1 its appointed hearing officer. With the approval of the
	685	+	2 student's parent or guardian, or of the student if
	686	+	3 emancipated, a support person must be permitted to accompany
	687	+	4 the student to any disciplinary hearings or proceedings. The
	688	+	5 representative or support person must comply with any rules of
	689	+	6 the school district's hearing process. If the representative
	690	+	7 or support person violates the rules or engages in behavior or
	691	+	8 advocacy that harasses, abuses, or intimidates either party, a
	692	+	9 witness, or anyone else in attendance at the hearing, the
	693	+	10 representative or support person may be prohibited from
	694	+	11 further participation in the hearing or proceeding. A
	695	+	12 suspension or expulsion proceeding under this subsection
	696	+	13 (b-35) must be conducted independently from any ongoing
	697	+	14 criminal investigation or proceeding, and an absence of
	698	+	15 pending or possible criminal charges, criminal investigations,
	699	+	16 or proceedings may not be a factor in school disciplinary
	700	+	17 decisions.
	701	+	18 (b-40) During a suspension review hearing conducted under
	702	+	19 subsection (b) or an expulsion hearing conducted under
	703	+	20 subsection (a) that involves allegations of sexual violence by
	704	+	21 the student who is subject to discipline, neither the student
	705	+	22 nor his or her representative shall directly question nor have
	706	+	23 direct contact with the alleged victim. The student who is
	707	+	24 subject to discipline or his or her representative may, at the
	708	+	25 discretion and direction of the school board or its appointed
	709	+	26 hearing officer, suggest questions to be posed by the school
670	710
671	711
672	712
673	713
674	714
675		-	HB3412 ~~Engrossed~~ - 19 - LRB103 30173 RJT 56601 b
	715	+	HB3412 - 19 - LRB103 30173 RJT 56601 b
676	716
677	717
678		-	HB3412 ~~Engrossed~~- 20 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 20 - LRB103 30173 RJT 56601 b
679		-	HB3412 ~~Engrossed~~ - 20 - LRB103 30173 RJT 56601 b
680		-	1 ~~subsection (a) that involves allegations of sexual violence by~~
681		-	2 ~~the student who is subject to discipline,~~ ~~neither the student~~
682		-	3 ~~nor his or her representative shall directly question nor have~~
683		-	4 ~~direct contact with the alleged victim. The student who~~ is
684		-	5 ~~subject to discipline~~ or ~~his or her representative may, at the~~
685		-	6 ~~discretion and direction of the~~ school ~~board or its appointed~~
686		-	7 ~~hearing officer,~~ ~~suggest questions~~ to ~~be posed by the school~~
687		-	8 board ~~or its appointed hearing officer to the alleged victim.~~
688		-	9 ~~(c) A~~ school ~~board must invite a representative from a~~
689		-	10 ~~local mental health agency to consult with the board at the~~
690		-	11 ~~meeting whenever there is evidence that mental illness may be~~
691		-	12 the ~~cause of a student's expulsion or suspension.~~
692		-	13 ~~(c-5) School districts shall make reasonable efforts to~~
693		-	14 ~~provide ongoing professional development to teachers,~~
694		-	15 ~~administrators,~~ school ~~board members, school resource~~
695		-	16 ~~officers, and staff on~~ the ~~adverse consequences~~ of ~~school~~
696		-	17 ~~exclusion and justice-system~~ ~~involvement~~, ~~effective classroom~~
697		-	18 ~~management strategies,~~ ~~culturally responsive discipline,~~ ~~the~~
698		-	19 ~~appropriate and available supportive services for~~ the
699		-	20 ~~promotion of student attendance and engagement~~, ~~and~~
700		-	21 ~~developmentally appropriate disciplinary methods~~ that ~~promote~~
701		-	22 ~~positive and healthy school climates.~~
702		-	23 (d) The ~~board may expel a student for a definite period~~ of
703		-	24 ~~time not to exceed 2 calendar years,~~ as ~~determined on a~~
704		-	25 ~~case-~~by~~-case basis.~~ ~~A student who is determined to have~~
705		-	26 ~~brought one~~ of the ~~following objects to school, any~~
	718	+	HB3412- 20 -LRB103 30173 RJT 56601 b HB3412 - 20 - LRB103 30173 RJT 56601 b
	719	+	HB3412 - 20 - LRB103 30173 RJT 56601 b
	720	+	1 board or its appointed hearing officer to the alleged victim.
	721	+	2 (c) A school board must invite a representative from a
	722	+	3 local mental health agency to consult with the board at the
	723	+	4 meeting whenever there is evidence that mental illness may be
	724	+	5 the cause of a student's expulsion or suspension.
	725	+	6 (c-5) School districts shall make reasonable efforts to
	726	+	7 provide ongoing professional development to teachers,
	727	+	8 administrators, school board members, school resource
	728	+	9 officers, and staff on the adverse consequences of school
	729	+	10 exclusion and justice-system involvement, effective classroom
	730	+	11 management strategies, culturally responsive discipline, the
	731	+	12 appropriate and available supportive services for the
	732	+	13 promotion of student attendance and engagement, and
	733	+	14 developmentally appropriate disciplinary methods that promote
	734	+	15 positive and healthy school climates.
	735	+	16 (d) The board may expel a student for a definite period of
	736	+	17 time not to exceed 2 calendar years, as determined on a
	737	+	18 case-by-case basis. A student who is determined to have
	738	+	19 brought one of the following objects to school, any
	739	+	20 school-sponsored activity or event, or any activity or event
	740	+	21 that bears a reasonable relationship to school shall be
	741	+	22 expelled for a period of not less than one year:
	742	+	23 (1) A firearm. For the purposes of this Section,
	743	+	24 "firearm" means any gun, rifle, shotgun, weapon as defined
	744	+	25 by Section 921 of Title 18 of the United States Code,
	745	+	26 firearm as defined in Section 1.1 of the Firearm Owners
706	746
707	747
708	748
709	749
710	750
711		-	HB3412 ~~Engrossed~~ - 20 - LRB103 30173 RJT 56601 b
	751	+	HB3412 - 20 - LRB103 30173 RJT 56601 b
712	752
713	753
714		-	HB3412 ~~Engrossed~~- 21 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 21 - LRB103 30173 RJT 56601 b
715		-	HB3412 ~~Engrossed~~ - 21 - LRB103 30173 RJT 56601 b
716		-	1 ~~school-sponsored activity or event~~, or ~~any activity or event~~
717		-	2 ~~that bears a reasonable relationship to school shall be~~
718		-	3 ~~expelled for a period of not less than one year:~~
719		-	4 ~~(1) A firearm. For~~ the ~~purposes of this Section,~~
720		-	5 ~~"firearm" means any gun,~~ ~~rifle, shotgun,~~ ~~weapon as defined~~
721		-	6 ~~by Section 921 of Title 18 of the United States Code,~~
722		-	7 ~~firearm as defined in Section 1.1~~ of ~~the Firearm Owners~~
723		-	8 ~~Identification Card Act,~~ or ~~firearm as defined in Section~~
724		-	9 ~~24-1~~ of ~~the Criminal Code of 2012. The expulsion period~~
725		-	10 ~~under this~~ subdivision (1) ~~may be modified by~~ the
726		-	11 ~~superintendent, and the superintendent's determination~~ may
727		-	12 ~~be modified by~~ the ~~board on a case-by-case basis.~~
728		-	13 ~~(2)~~ A ~~knife, brass knuckles or other knuckle weapon~~
729		-	14 ~~regardless of its composition,~~ a ~~billy club, or any other~~
730		-	15 ~~object if used or attempted to be used to cause bodily~~
731		-	16 ~~harm, including "look~~ ~~alikes" of any firearm as defined in~~
732		-	17 ~~subdivision (1) of~~ this ~~subsection (d). The expulsion~~
733		-	18 ~~requirement under this subdivision (2) may be modified by~~
734		-	19 ~~the superintendent,~~ ~~and~~ the ~~superintendent's determination~~
735		-	20 ~~may be modified by~~ the board ~~on a case-~~by~~-case basis.~~
736		-	21 ~~Expulsion~~ or ~~suspension shall be construed in a manner~~
737		-	22 ~~consistent with the federal Individuals with Disabilities~~
738		-	23 ~~Education Act.~~ A ~~student who is subject~~ to ~~suspension~~ or
739		-	24 ~~expulsion as provided in this Section may be eligible~~ for a
740		-	25 ~~transfer to an alternative school program in accordance with~~
741		-	26 ~~Article 13A of the School Code.~~
	754	+	HB3412- 21 -LRB103 30173 RJT 56601 b HB3412 - 21 - LRB103 30173 RJT 56601 b
	755	+	HB3412 - 21 - LRB103 30173 RJT 56601 b
	756	+	1 Identification Card Act, or firearm as defined in Section
	757	+	2 24-1 of the Criminal Code of 2012. The expulsion period
	758	+	3 under this subdivision (1) may be modified by the
	759	+	4 superintendent, and the superintendent's determination may
	760	+	5 be modified by the board on a case-by-case basis.
	761	+	6 (2) A knife, brass knuckles or other knuckle weapon
	762	+	7 regardless of its composition, a billy club, or any other
	763	+	8 object if used or attempted to be used to cause bodily
	764	+	9 harm, including "look alikes" of any firearm as defined in
	765	+	10 subdivision (1) of this subsection (d). The expulsion
	766	+	11 requirement under this subdivision (2) may be modified by
	767	+	12 the superintendent, and the superintendent's determination
	768	+	13 may be modified by the board on a case-by-case basis.
	769	+	14 Expulsion or suspension shall be construed in a manner
	770	+	15 consistent with the federal Individuals with Disabilities
	771	+	16 Education Act. A student who is subject to suspension or
	772	+	17 expulsion as provided in this Section may be eligible for a
	773	+	18 transfer to an alternative school program in accordance with
	774	+	19 Article 13A of the School Code.
	775	+	20 (d-5) The board may suspend or by regulation authorize the
	776	+	21 superintendent of the district or the principal, assistant
	777	+	22 principal, or dean of students of any school to suspend a
	778	+	23 student for a period not to exceed 10 school days or may expel
	779	+	24 a student for a definite period of time not to exceed 2
	780	+	25 calendar years, as determined on a case-by-case basis, if (i)
	781	+	26 that student has been determined to have made an explicit
742	782
743	783
744	784
745	785
746	786
747		-	HB3412 ~~Engrossed~~ - 21 - LRB103 30173 RJT 56601 b
	787	+	HB3412 - 21 - LRB103 30173 RJT 56601 b
748	788
749	789
750		-	HB3412 ~~Engrossed~~- 22 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 22 - LRB103 30173 RJT 56601 b
751		-	HB3412 ~~Engrossed~~ - 22 - LRB103 30173 RJT 56601 b
752		-	1 ~~(d-5) The board may suspend or by regulation authorize the~~
753		-	2 ~~superintendent of~~ the ~~district or the principal, assistant~~
754		-	3 ~~principal, or dean of students of any school to suspend~~ a
755		-	4 ~~student for a period not to exceed 10~~ school ~~days~~ or ~~may expel~~
756		-	5 ~~a student for a definite period of time not~~ to ~~exceed 2~~
757		-	6 ~~calendar years~~, ~~as determined on a case-by-case basis, if~~ (i)
758		-	7 ~~that student has been determined~~ to ~~have made an explicit~~
759		-	8 ~~threat on an Internet website against a school employee, a~~
760		-	9 ~~student,~~ or ~~any school-related~~ ~~personnel, (ii) the Internet~~
761		-	10 ~~website through which~~ the ~~threat was made is a site that was~~
762		-	11 ~~accessible within~~ the school ~~at the time the threat was made or~~
763		-	12 ~~was available to third parties who worked or studied within~~
764		-	13 ~~the school grounds at the time the threat was made~~, and ~~(iii)~~
765		-	14 the ~~threat could be reasonably interpreted~~ as ~~threatening to~~
766		-	15 ~~the safety~~ and ~~security of the threatened individual because~~
767		-	16 ~~of his~~ or ~~her duties or employment status or status as~~ a
768		-	17 ~~student inside~~ the ~~school.~~
769		-	18 ~~(e) To maintain order and security in the schools, school~~
770		-	19 ~~authorities may inspect and search~~ places and areas ~~such as~~
771		-	20 ~~lockers, desks,~~ ~~parking lots,~~ and ~~other~~ school ~~property and~~
772		-	21 ~~equipment owned or controlled by~~ the ~~school, as well as~~
773		-	22 ~~personal effects left in those places~~ and ~~areas by students~~,
774		-	23 ~~without notice to or the consent of the student~~, and ~~without a~~
775		-	24 ~~search warrant. As a matter of public policy,~~ the ~~General~~
776		-	25 ~~Assembly finds that students have no reasonable expectation of~~
777		-	26 ~~privacy in these places and areas or in their personal effects~~
	790	+	HB3412- 22 -LRB103 30173 RJT 56601 b HB3412 - 22 - LRB103 30173 RJT 56601 b
	791	+	HB3412 - 22 - LRB103 30173 RJT 56601 b
	792	+	1 threat on an Internet website against a school employee, a
	793	+	2 student, or any school-related personnel, (ii) the Internet
	794	+	3 website through which the threat was made is a site that was
	795	+	4 accessible within the school at the time the threat was made or
	796	+	5 was available to third parties who worked or studied within
	797	+	6 the school grounds at the time the threat was made, and (iii)
	798	+	7 the threat could be reasonably interpreted as threatening to
	799	+	8 the safety and security of the threatened individual because
	800	+	9 of his or her duties or employment status or status as a
	801	+	10 student inside the school.
	802	+	11 (e) To maintain order and security in the schools, school
	803	+	12 authorities may inspect and search places and areas such as
	804	+	13 lockers, desks, parking lots, and other school property and
	805	+	14 equipment owned or controlled by the school, as well as
	806	+	15 personal effects left in those places and areas by students,
	807	+	16 without notice to or the consent of the student, and without a
	808	+	17 search warrant. As a matter of public policy, the General
	809	+	18 Assembly finds that students have no reasonable expectation of
	810	+	19 privacy in these places and areas or in their personal effects
	811	+	20 left in these places and areas. School authorities may request
	812	+	21 the assistance of law enforcement officials for the purpose of
	813	+	22 conducting inspections and searches of lockers, desks, parking
	814	+	23 lots, and other school property and equipment owned or
	815	+	24 controlled by the school for illegal drugs, weapons, or other
	816	+	25 illegal or dangerous substances or materials, including
	817	+	26 searches conducted through the use of specially trained dogs.
778	818
779	819
780	820
781	821
782	822
783		-	HB3412 ~~Engrossed~~ - 22 - LRB103 30173 RJT 56601 b
	823	+	HB3412 - 22 - LRB103 30173 RJT 56601 b
784	824
785	825
786		-	HB3412 ~~Engrossed~~- 23 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 23 - LRB103 30173 RJT 56601 b
787		-	HB3412 ~~Engrossed~~ - 23 - LRB103 30173 RJT 56601 b
788		-	1 ~~left~~ in ~~these places and areas.~~ ~~School authorities may request~~
789		-	2 ~~the assistance of law enforcement officials for~~ the ~~purpose of~~
790		-	3 ~~conducting inspections and searches of lockers~~, ~~desks~~, ~~parking~~
791		-	4 ~~lots~~, and ~~other school property and equipment owned or~~
792		-	5 ~~controlled by the~~ school ~~for illegal drugs, weapons, or other~~
793		-	6 ~~illegal or dangerous substances or materials,~~ ~~including~~
794		-	7 ~~searches conducted through the use of specially trained dogs.~~
795		-	8 If a ~~search conducted in accordance with this Section produces~~
796		-	9 ~~evidence that the student has violated or is violating either~~
797		-	10 ~~the law, local ordinance, or the~~ school~~'s policies or rules,~~
798		-	11 ~~such evidence may be seized by school authorities,~~ ~~and~~
799		-	12 ~~disciplinary action may be taken.~~ School ~~authorities may also~~
800		-	13 ~~turn over such evidence to law enforcement authorities.~~
801		-	14 ~~(f) Suspension or~~ expulsion ~~may include suspension or~~
802		-	15 ~~expulsion from school and all school activities and a~~
803		-	16 ~~prohibition from~~ being ~~present on school grounds.~~
804		-	17 ~~(g) A~~ school district ~~may adopt a policy providing that if~~
805		-	18 a ~~student is suspended or expelled for any reason from any~~
806		-	19 ~~public or private school in~~ this ~~or any other state,~~ ~~the~~
807		-	20 ~~student must complete the entire term~~ of ~~the suspension or~~
808		-	21 ~~expulsion in an alternative school program under Article 13A~~
809		-	22 ~~of this Code~~ or ~~an alternative learning opportunities program~~
810		-	23 ~~under~~ Article ~~13B of this Code before being admitted into the~~
811		-	24 school ~~district if there is no threat to the safety of students~~
812		-	25 or ~~staff in the alternative program. A school district that~~
813		-	26 ~~adopts a policy under this subsection (g) must include a~~
	826	+	HB3412- 23 -LRB103 30173 RJT 56601 b HB3412 - 23 - LRB103 30173 RJT 56601 b
	827	+	HB3412 - 23 - LRB103 30173 RJT 56601 b
	828	+	1 If a search conducted in accordance with this Section produces
	829	+	2 evidence that the student has violated or is violating either
	830	+	3 the law, local ordinance, or the school's policies or rules,
	831	+	4 such evidence may be seized by school authorities, and
	832	+	5 disciplinary action may be taken. School authorities may also
	833	+	6 turn over such evidence to law enforcement authorities.
	834	+	7 (f) Suspension or expulsion may include suspension or
	835	+	8 expulsion from school and all school activities and a
	836	+	9 prohibition from being present on school grounds.
	837	+	10 (g) A school district may adopt a policy providing that if
	838	+	11 a student is suspended or expelled for any reason from any
	839	+	12 public or private school in this or any other state, the
	840	+	13 student must complete the entire term of the suspension or
	841	+	14 expulsion in an alternative school program under Article 13A
	842	+	15 of this Code or an alternative learning opportunities program
	843	+	16 under Article 13B of this Code before being admitted into the
	844	+	17 school district if there is no threat to the safety of students
	845	+	18 or staff in the alternative program. A school district that
	846	+	19 adopts a policy under this subsection (g) must include a
	847	+	20 provision allowing for consideration of any mitigating
	848	+	21 factors, including, but not limited to, a student's status as
	849	+	22 a parent, expectant parent, or victim of domestic or sexual
	850	+	23 violence, as defined in Article 26A.
	851	+	24 (h) School officials shall not advise or encourage
	852	+	25 students to drop out voluntarily due to behavioral or academic
	853	+	26 difficulties.
814	854
815	855
816	856
817	857
818	858
819		-	HB3412 ~~Engrossed~~ - 23 - LRB103 30173 RJT 56601 b
	859	+	HB3412 - 23 - LRB103 30173 RJT 56601 b
820	860
821	861
822		-	HB3412 ~~Engrossed~~- 24 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 24 - LRB103 30173 RJT 56601 b
823		-	HB3412 ~~Engrossed~~ - 24 - LRB103 30173 RJT 56601 b
824		-	1 ~~provision allowing for consideration of any mitigating~~
825		-	2 ~~factors~~, ~~including, but~~ not ~~limited to, a student's status as~~
826		-	3 a ~~parent~~, ~~expectant parent~~, ~~or victim of domestic or sexual~~
827		-	4 ~~violence, as defined in Article 26A.~~
828		-	5 ~~(h) School officials shall not advise or encourage~~
829		-	6 ~~students to drop out voluntarily due to behavioral or academic~~
830		-	7 ~~difficulties.~~
831		-	8 ~~(i) A student may not be issued a monetary fine~~ or ~~fee~~ as a
832		-	9 ~~disciplinary consequence~~, ~~though this shall not preclude~~
833		-	10 ~~requiring~~ a ~~student to provide restitution for lost,~~ ~~stolen,~~
834		-	11 or ~~damaged property.~~ ~~School personnel may not refer a student~~
835		-	12 ~~to any other local public entity, as defined under Section~~
836		-	13 ~~1-206 of the Local Governmental~~ and ~~Governmental Employees~~
837		-	14 ~~Tort Immunity Act,~~ ~~school resource officer,~~ ~~as defined under~~
838		-	15 ~~Section 10-20.68 of this Code~~, ~~or peace officer~~, ~~as defined~~
839		-	16 ~~under Section 2-13 of the Criminal Code of 2012~~, ~~for the~~
840		-	17 ~~purpose~~ of ~~a local public entity issuing the student a fine or~~
841		-	18 ~~a fee for an incident or behavior that has been or can be~~
842		-	19 ~~pursued through~~ the ~~school district's available disciplinary~~
843		-	20 ~~interventions and consequences~~.
844		-	21 This ~~subsection (i) does not modify school disciplinary~~
845		-	22 ~~responses provided under this Section or Section 10-20.14 of~~
846		-	23 ~~this Code that exist before the effective date of this~~
847		-	24 ~~amendatory Act of the 103rd General Assembly or responses to~~
848		-	25 ~~alleged delinquent or criminal conduct set forth in this Code,~~
849		-	26 ~~Article V of the Juvenile Court Act of 1987, or the Criminal~~
	862	+	HB3412- 24 -LRB103 30173 RJT 56601 b HB3412 - 24 - LRB103 30173 RJT 56601 b
	863	+	HB3412 - 24 - LRB103 30173 RJT 56601 b
	864	+	1 (i) A student may not be issued a monetary fine or fee as a
	865	+	2 disciplinary consequence, though this shall not preclude
	866	+	3 requiring a student to provide restitution for lost, stolen,
	867	+	4 or damaged property. School personnel may not refer a student
	868	+	5 to any other local public entity, as defined under Section
	869	+	6 1-206 of the Local Governmental and Governmental Employees
	870	+	7 Tort Immunity Act, school public resource officer, as defined
	871	+	8 under Section 10-20.68 of this Code, or peace officer, as
	872	+	9 defined under Section 2-13 of the Criminal Code, for the
	873	+	10 purpose of a local public entity issuing the child a fine or a
	874	+	11 fee for an incident or behavior that has been or can be pursued
	875	+	12 through the school district's available disciplinary
	876	+	13 interventions and consequences.
	877	+	14 (j) Subsections (a) through (i) of this Section shall
	878	+	15 apply to elementary and secondary schools, charter schools,
	879	+	16 special charter districts, and school districts organized
	880	+	17 under Article 34 of this Code.
	881	+	18 (k) The expulsion of children enrolled in programs funded
	882	+	19 under Section 1C-2 of this Code is subject to the requirements
	883	+	20 under paragraph (7) of subsection (a) of Section 2-3.71 of
	884	+	21 this Code.
	885	+	22 (l) Beginning with the 2018-2019 school year, an in-school
	886	+	23 suspension program provided by a school district for any
	887	+	24 students in kindergarten through grade 12 may focus on
	888	+	25 promoting non-violent conflict resolution and positive
	889	+	26 interaction with other students and school personnel. A school
850	890
851	891
852	892
853	893
854	894
855		-	HB3412 ~~Engrossed~~ - 24 - LRB103 30173 RJT 56601 b
	895	+	HB3412 - 24 - LRB103 30173 RJT 56601 b
856	896
857	897
858		-	HB3412 ~~Engrossed~~- 25 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 25 - LRB103 30173 RJT 56601 b
859		-	HB3412 ~~Engrossed~~ - 25 - LRB103 30173 RJT 56601 b
860		-	1 ~~Code of 2012.~~
861		-	2 ~~(j) Subsections (a) through (i) of this Section shall~~
862		-	3 ~~apply to elementary and secondary schools, charter schools,~~
863		-	4 ~~special charter districts~~, ~~and school districts organized~~
864		-	5 ~~under Article 34 of this Code~~.
865		-	6 (k) ~~The expulsion of children enrolled in programs funded~~
866		-	7 ~~under Section 1C-2~~ ~~of this Code is subject to the requirements~~
867		-	8 ~~under paragraph (7) of subsection~~ (a) of ~~Section 2-3.71 of~~
868		-	9 ~~this Code.~~
869		-	10 ~~(l) Beginning with the 2018-2019~~ ~~school year,~~ ~~an in-school~~
870		-	11 ~~suspension program provided by a~~ school ~~district for any~~
871		-	12 ~~students in kindergarten through grade 12 may focus on~~
872		-	13 ~~promoting non-violent conflict resolution and positive~~
873		-	14 ~~interaction with other students and school personnel.~~ ~~A school~~
874		-	15 ~~district may employ a school social worker or a licensed~~
875		-	16 ~~mental health professional to oversee an in-~~school ~~suspension~~
876		-	17 ~~program in kindergarten through grade 12.~~
877		-	18 ~~(Source: P.A. 101-81~~, ~~eff. 7-12-19; 102-466, eff. 7-1-25;~~
878		-	19 ~~102-539, eff~~. ~~8-20-21; 102-813, eff. 5-13-22.)~~
879		-	20 (~~105 ILCS 5/26-12~~) ~~(from Ch.~~ ~~122, par.~~ ~~26-12)~~
880		-	21 ~~Sec. 26-12. Punitive action.~~
881		-	22 ~~(a) No punitive action~~, ~~including out-~~of~~-school~~
882		-	23 ~~suspensions~~, ~~expulsions, or court action, shall be taken~~
883		-	24 ~~against truant minors for such truancy unless appropriate and~~
884		-	25 ~~available supportive services and other school resources have~~
	898	+	HB3412- 25 -LRB103 30173 RJT 56601 b HB3412 - 25 - LRB103 30173 RJT 56601 b
	899	+	HB3412 - 25 - LRB103 30173 RJT 56601 b
	900	+	1 district may employ a school social worker or a licensed
	901	+	2 mental health professional to oversee an in-school suspension
	902	+	3 program in kindergarten through grade 12.
	903	+	4 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
	904	+	5 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
	905	+	6 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
	906	+	7 Sec. 26-12. Punitive action.
	907	+	8 (a) No punitive action, including out-of-school
	908	+	9 suspensions, expulsions, or court action, shall be taken
	909	+	10 against truant minors for such truancy unless appropriate and
	910	+	11 available supportive services and other school resources have
	911	+	12 been provided to the student. Notwithstanding the provisions
	912	+	13 of Section 10-22.6 of this Code, a truant minor may not be
	913	+	14 expelled for nonattendance unless he or she has accrued 15
	914	+	15 consecutive days of absences without valid cause and the
	915	+	16 student cannot be located by the school district or the school
	916	+	17 district has located the student but cannot, after exhausting
	917	+	18 all available supportive services, compel the student to
	918	+	19 return to school.
	919	+	20 (b) School personnel A school district may not refer a
	920	+	21 truant, chronic truant, or truant minor to any other local
	921	+	22 public entity, as defined under Section 1-206 of the Local
	922	+	23 Governmental and Governmental Employees Tort Immunity Act,
	923	+	24 school public resource officer, as defined under Section
	924	+	25 10-20.68 of this Code, or peace officer, as defined under
885	925
886	926
887	927
888	928
889	929
890		-	HB3412 ~~Engrossed~~ - 25 - LRB103 30173 RJT 56601 b
	930	+	HB3412 - 25 - LRB103 30173 RJT 56601 b
891	931
892	932
893		-	HB3412 ~~Engrossed~~- 26 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 26 - LRB103 30173 RJT 56601 b
894		-	HB3412 ~~Engrossed~~ - 26 - LRB103 30173 RJT 56601 b
895		-	1 ~~been provided to~~ the ~~student. Notwithstanding the provisions~~
896		-	2 ~~of Section 10-22.6 of this Code,~~ a ~~truant minor may not be~~
897		-	3 ~~expelled for nonattendance unless he~~ or ~~she has accrued 15~~
898		-	4 ~~consecutive days of absences without valid cause and the~~
899		-	5 ~~student cannot be located by the school district~~ or ~~the school~~
900		-	6 ~~district has located the student but cannot~~, ~~after exhausting~~
901		-	7 ~~all available supportive services, compel~~ the ~~student to~~
902		-	8 ~~return~~ to ~~school.~~
903		-	9 ~~(b)~~ School ~~personnel A school district may not refer a~~
904		-	10 truant, ~~chronic truant~~, or ~~truant minor to any other local~~
905		-	11 ~~public entity,~~ ~~as defined under Section 1-206~~ of the ~~Local~~
906		-	12 ~~Governmental~~ and ~~Governmental Employees Tort Immunity Act,~~
907		-	13 ~~school resource officer~~, ~~as defined under Section 10-20.68 of~~
908		-	14 ~~this Code,~~ ~~or peace officer,~~ ~~as defined under Section 2-13 of~~
909		-	15 the ~~Criminal Code of 2012,~~ ~~for that local public entity to~~
910		-	16 ~~issue the~~ child ~~a fine or~~ a ~~fee as punishment for his or her~~
911		-	17 ~~truancy.~~
912		-	18 ~~(c) A~~ school district ~~may refer any person having custody~~
913		-	19 ~~or control of a truant, chronic truant, or truant minor to any~~
914		-	20 ~~other local public entity~~, as defined ~~under Section 1-206 of~~
915		-	21 the ~~Local Governmental and Governmental Employees Tort~~
916		-	22 ~~Immunity~~ Act, ~~for that local public entity to issue~~ the person
917		-	23 ~~a fine~~ or ~~fee for~~ the child~~'s truancy only if the~~ school
918		-	24 ~~district's truant officer~~, ~~regional office of education,~~ or
919		-	25 ~~intermediate service center has been notified of~~ the ~~truant~~
920		-	26 ~~behavior~~ and ~~the school district,~~ ~~regional office of~~
	933	+	HB3412- 26 -LRB103 30173 RJT 56601 b HB3412 - 26 - LRB103 30173 RJT 56601 b
	934	+	HB3412 - 26 - LRB103 30173 RJT 56601 b
	935	+	1 Section 2-13 of the Criminal Code, for that local public
	936	+	2 entity to issue the child a fine or a fee as punishment for his
	937	+	3 or her truancy.
	938	+	4 (c) A school district may refer any person having custody
	939	+	5 or control of a truant, chronic truant, or truant minor to any
	940	+	6 other local public entity, as defined under Section 1-206 of
	941	+	7 the Local Governmental and Governmental Employees Tort
	942	+	8 Immunity Act, for that local public entity to issue the person
	943	+	9 a fine or fee for the child's truancy only if the school
	944	+	10 district's truant officer, regional office of education, or
	945	+	11 intermediate service center has been notified of the truant
	946	+	12 behavior and the school district, regional office of
	947	+	13 education, or intermediate service center has offered all
	948	+	14 appropriate and available supportive services and other school
	949	+	15 resources to the child. Before a school district may refer a
	950	+	16 person having custody or control of a child to a municipality,
	951	+	17 as defined under Section 1-1-2 of the Illinois Municipal Code,
	952	+	18 the school district must provide the following appropriate and
	953	+	19 available services:
	954	+	20 (1) For any child who is a homeless child, as defined
	955	+	21 under Section 1-5 of the Education for Homeless Children
	956	+	22 Act, a meeting between the child, the person having
	957	+	23 custody or control of the child, relevant school
	958	+	24 personnel, and a homeless liaison to discuss any barriers
	959	+	25 to the child's attendance due to the child's transitional
	960	+	26 living situation and to construct a plan that removes
921	961
922	962
923	963
924	964
925	965
926		-	HB3412 ~~Engrossed~~ - 26 - LRB103 30173 RJT 56601 b
	966	+	HB3412 - 26 - LRB103 30173 RJT 56601 b
927	967
928	968
929		-	HB3412 ~~Engrossed~~- 27 -LRB103 30173 RJT 56601 b HB3412 ~~Engrossed~~ - 27 - LRB103 30173 RJT 56601 b
930		-	HB3412 ~~Engrossed~~ - 27 - LRB103 30173 RJT 56601 b
931		-	1 ~~education, or intermediate service center has offered all~~
932		-	2 ~~appropriate and available supportive services and other school~~
933		-	3 ~~resources to~~ the child~~. Before a school district may refer a~~
934		-	4 ~~person having custody or~~ control of a child to ~~a municipality,~~
935		-	5 ~~as defined under Section 1-1-2 of~~ the ~~Illinois Municipal Code,~~
936		-	6 ~~the school district must provide~~ the ~~following appropriate~~ and
937		-	7 ~~available services:~~
938		-	8 ~~(1) For any child who is a homeless child, as defined~~
939		-	9 ~~under Section 1-5~~ of the ~~Education for Homeless Children~~
940		-	10 ~~Act,~~ a ~~meeting between the child, the person having~~
941		-	11 ~~custody or control~~ of the ~~child, relevant school~~
942		-	12 ~~personnel~~, ~~and~~ a ~~homeless liaison to discuss any barriers~~
943		-	13 to the ~~child's attendance due to the child's transitional~~
944		-	14 ~~living situation and to construct a~~ plan ~~that removes~~
945		-	15 ~~these barriers.~~
946		-	16 ~~(2)~~ For ~~any child with~~ a ~~documented disability,~~ a
947		-	17 ~~meeting between~~ the child~~, the person having custody or~~
948		-	18 ~~control of~~ the ~~child, and relevant school personnel to~~
949		-	19 ~~review~~ the child's ~~current needs and address the~~
950		-	20 ~~appropriateness of the child's placement and~~ services. ~~For~~
951		-	21 ~~any child subject to Article 14 of this Code,~~ ~~this meeting~~
952		-	22 ~~shall be an individualized education program meeting and~~
953		-	23 ~~shall include relevant members of~~ the ~~individualized~~
954		-	24 ~~education program team.~~ ~~For any child with a disability~~
955		-	25 under Section ~~504 of the federal Rehabilitation Act of~~
956		-	26 ~~1973 (29 U.S.C. 794)~~, ~~this meeting shall be~~ a ~~Section 504~~
	969	+	HB3412- 27 -LRB103 30173 RJT 56601 b HB3412 - 27 - LRB103 30173 RJT 56601 b
	970	+	HB3412 - 27 - LRB103 30173 RJT 56601 b
	971	+	1 these barriers.
	972	+	2 (2) For any child with a documented disability, a
	973	+	3 meeting between the child, the person having custody or
	974	+	4 control of the child, and relevant school personnel to
	975	+	5 review the child's current needs and address the
	976	+	6 appropriateness of the child's placement and services. For
	977	+	7 any child subject to Article 14 of this Code, this meeting
	978	+	8 shall be an individualized education program meeting and
	979	+	9 shall include relevant members of the individualized
	980	+	10 education program team. For any child with a disability
	981	+	11 under Section 504 of the federal Rehabilitation Act of
	982	+	12 1973 (29 U.S.C. 794), this meeting shall be a Section 504
	983	+	13 plan review and include relevant members of the Section
	984	+	14 504 plan team.
	985	+	15 (3) For any child currently being evaluated by a
	986	+	16 school district for a disability or for whom the school
	987	+	17 has a basis of knowledge that the child is a child with a
	988	+	18 disability under 20 U.S.C. 1415(k)(5), the completion of
	989	+	19 the evaluation and determination of the child's
	990	+	20 eligibility for special education services.
	991	+	21 (d) Before a school district may refer a person having
	992	+	22 custody or control of a child to a local public entity under
	993	+	23 this Section, the school district must document any
	994	+	24 appropriate and available supportive services offered to the
	995	+	25 child. In the event a meeting under this Section does not
	996	+	26 occur, a school district must have documentation that it made
957	997
958	998
959	999
960	1000
961	1001
962		-	HB3412 ~~Engrossed~~ - 27 - LRB103 30173 RJT 56601 b
	1002	+	HB3412 - 27 - LRB103 30173 RJT 56601 b
963	1003
964	1004
965		-	HB3412 Engrossed- 28 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b
966		-	HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b
967		-	1 plan review and include relevant members of the Section
968		-	2 504 plan team.
969		-	3 (3) For any child currently being evaluated by a
970		-	4 school district for a disability or for whom the school
971		-	5 has a basis of knowledge that the child is a child with a
972		-	6 disability under 20 U.S.C. 1415(k)(5), the completion of
973		-	7 the evaluation and determination of the child's
974		-	8 eligibility for special education services.
975		-	9 (d) Before a school district may refer a person having
976		-	10 custody or control of a child to a local public entity under
977		-	11 this Section, the school district must document any
978		-	12 appropriate and available supportive services offered to the
979		-	13 child. In the event a meeting under this Section does not
980		-	14 occur, a school district must have documentation that it made
981		-	15 reasonable efforts to convene the meeting at a mutually
982		-	16 convenient time and date for the school district and the
983		-	17 person having custody or control of the child and, but for the
984		-	18 conduct of that person, the meeting would have occurred.
985		-	19 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
986		-	20 101-81, eff. 7-12-19.)
987		-	21 Section 95. No acceleration or delay. Where this Act makes
988		-	22 changes in a statute that is represented in this Act by text
989		-	23 that is not yet or no longer in effect (for example, a Section
990		-	24 represented by multiple versions), the use of that text does
991		-	25 not accelerate or delay the taking effect of (i) the changes
	1005	+	HB3412- 28 -LRB103 30173 RJT 56601 b HB3412 - 28 - LRB103 30173 RJT 56601 b
	1006	+	HB3412 - 28 - LRB103 30173 RJT 56601 b
	1007	+	1 reasonable efforts to convene the meeting at a mutually
	1008	+	2 convenient time and date for the school district and the
	1009	+	3 person having custody or control of the child and, but for the
	1010	+	4 conduct of that person, the meeting would have occurred.
	1011	+	5 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
	1012	+	6 101-81, eff. 7-12-19.)
	1013	+	7 Section 95. No acceleration or delay. Where this Act makes
	1014	+	8 changes in a statute that is represented in this Act by text
	1015	+	9 that is not yet or no longer in effect (for example, a Section
	1016	+	10 represented by multiple versions), the use of that text does
	1017	+	11 not accelerate or delay the taking effect of (i) the changes
	1018	+	12 made by this Act or (ii) provisions derived from any other
	1019	+	13 Public Act.
	1020	+	14 Section 99. Effective date. This Act takes effect upon
	1021	+	15 becoming law.
992	1022
993	1023
994	1024
995	1025
996	1026
997		-	HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b
998		-
999		-
1000		-	HB3412 Engrossed- 29 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b
1001		-	HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b
1002		-	1 made by this Act or (ii) provisions derived from any other
1003		-	2 Public Act.
1004		-	3 Section 99. Effective date. This Act takes effect upon
1005		-	4 becoming law.
1006		-
1007		-
1008		-
1009		-
1010		-
1011		-	HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b
	1027	+	HB3412 - 28 - LRB103 30173 RJT 56601 b