Illinois 2023-2024 Regular Session

Illinois House Bill HB3412 Compare Versions

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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
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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.
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313 1 AN ACT concerning education.
414 2 Be it enacted by the People of the State of Illinois,
515 3 represented in the General Assembly:
616 4 Section 5. The School Code is amended by changing Sections
717 5 1-3, 10-22.6, and 26-12 as follows:
818 6 (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
919 7 Sec. 1-3. Definitions. In this Code:
1020 8 The terms "common schools", "free schools" and "public
1121 9 schools" are used interchangeably to apply to any school
1222 10 operated by authority of this Act.
1323 11 "School board" means the governing body of any district
1424 12 created or operating under authority of this Code, including
1525 13 board of school directors and board of education. When the
1626 14 context so indicates it also means the governing body of any
1727 15 non-high school district and of any special charter district,
1828 16 including a board of school inspectors.
1929 17 "School fees" or "fees" means any monetary charge
2030 18 collected by a public school, public school district, or
2131 19 charter school from a student or the parents or guardian of a
2232 20 student as a prerequisite for the student's participation in
2333 21 any curricular or extracurricular program of the school or
2434 22 school district as defined under paragraphs (1) and (2) of
2535 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.
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3474 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.
4383 10 "Special charter district" means any city, township, or
4484 11 district organized into a school district, under a special Act
4585 12 or charter of the General Assembly or in which schools are now
4686 13 managed and operating within such unit in whole or in part
4787 14 under the terms of such special Act or charter.
4888 15 (Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
4989 16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5090 17 (Text of Section before amendment by P.A. 102-466)
5191 18 Sec. 10-22.6. Suspension or expulsion of pupils; school
5292 19 searches.
5393 20 (a) To expel pupils guilty of gross disobedience or
5494 21 misconduct, including gross disobedience or misconduct
5595 22 perpetuated by electronic means, pursuant to subsection (b-20)
5696 23 of this Section, and no action shall lie against them for such
5797 24 expulsion. Expulsion shall take place only after the parents
5898 25 have been requested to appear at a meeting of the board, or
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69109 1 with a hearing officer appointed by it, to discuss their
70110 2 child's behavior. Such request shall be made by registered or
71111 3 certified mail and shall state the time, place and purpose of
72112 4 the meeting. The board, or a hearing officer appointed by it,
73113 5 at such meeting shall state the reasons for dismissal and the
74114 6 date on which the expulsion is to become effective. If a
75115 7 hearing officer is appointed by the board, he shall report to
76116 8 the board a written summary of the evidence heard at the
77117 9 meeting and the board may take such action thereon as it finds
78118 10 appropriate. If the board acts to expel a pupil, the written
79119 11 expulsion decision shall detail the specific reasons why
80120 12 removing the pupil from the learning environment is in the
81121 13 best interest of the school. The expulsion decision shall also
82122 14 include a rationale as to the specific duration of the
83123 15 expulsion. An expelled pupil may be immediately transferred to
84124 16 an alternative program in the manner provided in Article 13A
85125 17 or 13B of this Code. A pupil must not be denied transfer
86126 18 because of the expulsion, except in cases in which such
87127 19 transfer is deemed to cause a threat to the safety of students
88128 20 or staff in the alternative program.
89129 21 (b) To suspend or by policy to authorize the
90130 22 superintendent of the district or the principal, assistant
91131 23 principal, or dean of students of any school to suspend pupils
92132 24 guilty of gross disobedience or misconduct, or to suspend
93133 25 pupils guilty of gross disobedience or misconduct on the
94134 26 school bus from riding the school bus, pursuant to subsections
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105145 1 (b-15) and (b-20) of this Section, and no action shall lie
106146 2 against them for such suspension. The board may by policy
107147 3 authorize the superintendent of the district or the principal,
108148 4 assistant principal, or dean of students of any school to
109149 5 suspend pupils guilty of such acts for a period not to exceed
110150 6 10 school days. If a pupil is suspended due to gross
111151 7 disobedience or misconduct on a school bus, the board may
112152 8 suspend the pupil in excess of 10 school days for safety
113153 9 reasons.
114154 10 Any suspension shall be reported immediately to the
115155 11 parents or guardian of a pupil along with a full statement of
116156 12 the reasons for such suspension and a notice of their right to
117157 13 a review. The school board must be given a summary of the
118158 14 notice, including the reason for the suspension and the
119159 15 suspension length. Upon request of the parents or guardian,
120160 16 the school board or a hearing officer appointed by it shall
121161 17 review such action of the superintendent or principal,
122162 18 assistant principal, or dean of students. At such review, the
123163 19 parents or guardian of the pupil may appear and discuss the
124164 20 suspension with the board or its hearing officer. If a hearing
125165 21 officer is appointed by the board, he shall report to the board
126166 22 a written summary of the evidence heard at the meeting. After
127167 23 its hearing or upon receipt of the written report of its
128168 24 hearing officer, the board may take such action as it finds
129169 25 appropriate. If a student is suspended pursuant to this
130170 26 subsection (b), the board shall, in the written suspension
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141181 1 decision, detail the specific act of gross disobedience or
142182 2 misconduct resulting in the decision to suspend. The
143183 3 suspension decision shall also include a rationale as to the
144184 4 specific duration of the suspension. A pupil who is suspended
145185 5 in excess of 20 school days may be immediately transferred to
146186 6 an alternative program in the manner provided in Article 13A
147187 7 or 13B of this Code. A pupil must not be denied transfer
148188 8 because of the suspension, except in cases in which such
149189 9 transfer is deemed to cause a threat to the safety of students
150190 10 or staff in the alternative program.
151191 11 (b-5) Among the many possible disciplinary interventions
152192 12 and consequences available to school officials, school
153193 13 exclusions, such as out-of-school suspensions and expulsions,
154194 14 are the most serious. School officials shall limit the number
155195 15 and duration of expulsions and suspensions to the greatest
156196 16 extent practicable, and it is recommended that they use them
157197 17 only for legitimate educational purposes. To ensure that
158198 18 students are not excluded from school unnecessarily, it is
159199 19 recommended that school officials consider forms of
160200 20 non-exclusionary discipline prior to using out-of-school
161201 21 suspensions or expulsions.
162202 22 (b-10) Unless otherwise required by federal law or this
163203 23 Code, school boards may not institute zero-tolerance policies
164204 24 by which school administrators are required to suspend or
165205 25 expel students for particular behaviors.
166206 26 (b-15) Out-of-school suspensions of 3 days or less may be
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177217 1 used only if the student's continuing presence in school would
178218 2 pose a threat to school safety or a disruption to other
179219 3 students' learning opportunities. For purposes of this
180220 4 subsection (b-15), "threat to school safety or a disruption to
181221 5 other students' learning opportunities" shall be determined on
182222 6 a case-by-case basis by the school board or its designee.
183223 7 School officials shall make all reasonable efforts to resolve
184224 8 such threats, address such disruptions, and minimize the
185225 9 length of suspensions to the greatest extent practicable.
186226 10 (b-20) Unless otherwise required by this Code,
187227 11 out-of-school suspensions of longer than 3 days, expulsions,
188228 12 and disciplinary removals to alternative schools may be used
189229 13 only if other appropriate and available behavioral and
190230 14 disciplinary interventions have been exhausted and the
191231 15 student's continuing presence in school would either (i) pose
192232 16 a threat to the safety of other students, staff, or members of
193233 17 the school community or (ii) substantially disrupt, impede, or
194234 18 interfere with the operation of the school. For purposes of
195235 19 this subsection (b-20), "threat to the safety of other
196236 20 students, staff, or members of the school community" and
197237 21 "substantially disrupt, impede, or interfere with the
198238 22 operation of the school" shall be determined on a case-by-case
199239 23 basis by school officials. For purposes of this subsection
200240 24 (b-20), the determination of whether "appropriate and
201241 25 available behavioral and disciplinary interventions have been
202242 26 exhausted" shall be made by school officials. School officials
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213253 1 shall make all reasonable efforts to resolve such threats,
214254 2 address such disruptions, and minimize the length of student
215255 3 exclusions to the greatest extent practicable. Within the
216256 4 suspension decision described in subsection (b) of this
217257 5 Section or the expulsion decision described in subsection (a)
218258 6 of this Section, it shall be documented whether other
219259 7 interventions were attempted or whether it was determined that
220260 8 there were no other appropriate and available interventions.
221261 9 (b-25) Students who are suspended out-of-school for longer
222262 10 than 4 school days shall be provided appropriate and available
223263 11 support services during the period of their suspension. For
224264 12 purposes of this subsection (b-25), "appropriate and available
225265 13 support services" shall be determined by school authorities.
226266 14 Within the suspension decision described in subsection (b) of
227267 15 this Section, it shall be documented whether such services are
228268 16 to be provided or whether it was determined that there are no
229269 17 such appropriate and available services.
230270 18 A school district may refer students who are expelled to
231271 19 appropriate and available support services.
232272 20 A school district shall create a policy to facilitate the
233273 21 re-engagement of students who are suspended out-of-school,
234274 22 expelled, or returning from an alternative school setting.
235275 23 (b-30) A school district shall create a policy by which
236276 24 suspended pupils, including those pupils suspended from the
237277 25 school bus who do not have alternate transportation to school,
238278 26 shall have the opportunity to make up work for equivalent
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249289 1 academic credit. It shall be the responsibility of a pupil's
250290 2 parent or guardian to notify school officials that a pupil
251291 3 suspended from the school bus does not have alternate
252292 4 transportation to school.
253293 5 (c) A school board must invite a representative from a
254294 6 local mental health agency to consult with the board at the
255295 7 meeting whenever there is evidence that mental illness may be
256296 8 the cause of a student's expulsion or suspension.
257297 9 (c-5) School districts shall make reasonable efforts to
258298 10 provide ongoing professional development to teachers,
259299 11 administrators, school board members, school resource
260300 12 officers, and staff on the adverse consequences of school
261301 13 exclusion and justice-system involvement, effective classroom
262302 14 management strategies, culturally responsive discipline, the
263303 15 appropriate and available supportive services for the
264304 16 promotion of student attendance and engagement, and
265305 17 developmentally appropriate disciplinary methods that promote
266306 18 positive and healthy school climates.
267307 19 (d) The board may expel a student for a definite period of
268308 20 time not to exceed 2 calendar years, as determined on a
269309 21 case-by-case basis. A student who is determined to have
270310 22 brought one of the following objects to school, any
271311 23 school-sponsored activity or event, or any activity or event
272312 24 that bears a reasonable relationship to school shall be
273313 25 expelled for a period of not less than one year:
274314 26 (1) A firearm. For the purposes of this Section,
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285325 1 "firearm" means any gun, rifle, shotgun, weapon as defined
286326 2 by Section 921 of Title 18 of the United States Code,
287327 3 firearm as defined in Section 1.1 of the Firearm Owners
288328 4 Identification Card Act, or firearm as defined in Section
289329 5 24-1 of the Criminal Code of 2012. The expulsion period
290330 6 under this subdivision (1) may be modified by the
291331 7 superintendent, and the superintendent's determination may
292332 8 be modified by the board on a case-by-case basis.
293333 9 (2) A knife, brass knuckles or other knuckle weapon
294334 10 regardless of its composition, a billy club, or any other
295335 11 object if used or attempted to be used to cause bodily
296336 12 harm, including "look alikes" of any firearm as defined in
297337 13 subdivision (1) of this subsection (d). The expulsion
298338 14 requirement under this subdivision (2) may be modified by
299339 15 the superintendent, and the superintendent's determination
300340 16 may be modified by the board on a case-by-case basis.
301341 17 Expulsion or suspension shall be construed in a manner
302342 18 consistent with the federal Individuals with Disabilities
303343 19 Education Act. A student who is subject to suspension or
304344 20 expulsion as provided in this Section may be eligible for a
305345 21 transfer to an alternative school program in accordance with
306346 22 Article 13A of the School Code.
307347 23 (d-5) The board may suspend or by regulation authorize the
308348 24 superintendent of the district or the principal, assistant
309349 25 principal, or dean of students of any school to suspend a
310350 26 student for a period not to exceed 10 school days or may expel
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321361 1 a student for a definite period of time not to exceed 2
322362 2 calendar years, as determined on a case-by-case basis, if (i)
323363 3 that student has been determined to have made an explicit
324364 4 threat on an Internet website against a school employee, a
325365 5 student, or any school-related personnel, (ii) the Internet
326366 6 website through which the threat was made is a site that was
327367 7 accessible within the school at the time the threat was made or
328368 8 was available to third parties who worked or studied within
329369 9 the school grounds at the time the threat was made, and (iii)
330370 10 the threat could be reasonably interpreted as threatening to
331371 11 the safety and security of the threatened individual because
332372 12 of his or her duties or employment status or status as a
333373 13 student inside the school.
334374 14 (e) To maintain order and security in the schools, school
335375 15 authorities may inspect and search places and areas such as
336376 16 lockers, desks, parking lots, and other school property and
337377 17 equipment owned or controlled by the school, as well as
338378 18 personal effects left in those places and areas by students,
339379 19 without notice to or the consent of the student, and without a
340380 20 search warrant. As a matter of public policy, the General
341381 21 Assembly finds that students have no reasonable expectation of
342382 22 privacy in these places and areas or in their personal effects
343383 23 left in these places and areas. School authorities may request
344384 24 the assistance of law enforcement officials for the purpose of
345385 25 conducting inspections and searches of lockers, desks, parking
346386 26 lots, and other school property and equipment owned or
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357397 1 controlled by the school for illegal drugs, weapons, or other
358398 2 illegal or dangerous substances or materials, including
359399 3 searches conducted through the use of specially trained dogs.
360400 4 If a search conducted in accordance with this Section produces
361401 5 evidence that the student has violated or is violating either
362402 6 the law, local ordinance, or the school's policies or rules,
363403 7 such evidence may be seized by school authorities, and
364404 8 disciplinary action may be taken. School authorities may also
365405 9 turn over such evidence to law enforcement authorities.
366406 10 (f) Suspension or expulsion may include suspension or
367407 11 expulsion from school and all school activities and a
368408 12 prohibition from being present on school grounds.
369409 13 (g) A school district may adopt a policy providing that if
370410 14 a student is suspended or expelled for any reason from any
371411 15 public or private school in this or any other state, the
372412 16 student must complete the entire term of the suspension or
373413 17 expulsion in an alternative school program under Article 13A
374414 18 of this Code or an alternative learning opportunities program
375415 19 under Article 13B of this Code before being admitted into the
376416 20 school district if there is no threat to the safety of students
377417 21 or staff in the alternative program.
378418 22 (h) School officials shall not advise or encourage
379419 23 students to drop out voluntarily due to behavioral or academic
380420 24 difficulties.
381421 25 (i) A student may not be issued a monetary fine or fee as a
382422 26 disciplinary consequence, though this shall not preclude
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393433 1 requiring a student to provide restitution for lost, stolen,
394434 2 or damaged property. School personnel may not refer a student
395435 3 to any other local public entity, as defined under Section
396436 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
403443 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
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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
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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
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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
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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
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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
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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,
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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1007-
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1010-
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