HB3412 EngrossedLRB103 30173 RJT 56601 b HB3412 Engrossed LRB103 30173 RJT 56601 b HB3412 Engrossed LRB103 30173 RJT 56601 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing Sections 5 1-3, 10-22.6, and 26-12 as follows: 6 (105 ILCS 5/1-3) (from Ch. 122, par. 1-3) 7 Sec. 1-3. Definitions. In this Code: 8 The terms "common schools", "free schools" and "public 9 schools" are used interchangeably to apply to any school 10 operated by authority of this Act. 11 "School board" means the governing body of any district 12 created or operating under authority of this Code, including 13 board of school directors and board of education. When the 14 context so indicates it also means the governing body of any 15 non-high school district and of any special charter district, 16 including a board of school inspectors. 17 "School fees" or "fees" means any monetary charge 18 collected by a public school, public school district, or 19 charter school from a student or the parents or guardian of a 20 student as a prerequisite for the student's participation in 21 any curricular or extracurricular program of the school or 22 school district as defined under paragraphs (1) and (2) of 23 subsection (a) of Section 1.245 of Title 23 of the Illinois HB3412 Engrossed LRB103 30173 RJT 56601 b HB3412 Engrossed- 2 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 2 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 2 - LRB103 30173 RJT 56601 b 1 Administrative Code. 2 "School personnel" means persons who are employed by, who 3 are on contract with, or who volunteer in a school district, 4 charter school, or non-public, non-sectarian elementary or 5 secondary school, including, without limitation, school and 6 school district administrators, teachers, school social 7 workers, school counselors, school psychologists, school 8 nurses, cafeteria workers, custodians, bus drivers, school 9 resource officers, and security guards. 10 "Special charter district" means any city, township, or 11 district organized into a school district, under a special Act 12 or charter of the General Assembly or in which schools are now 13 managed and operating within such unit in whole or in part 14 under the terms of such special Act or charter. 15 (Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.) 16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) 17 (Text of Section before amendment by P.A. 102-466) 18 Sec. 10-22.6. Suspension or expulsion of pupils; school 19 searches. 20 (a) To expel pupils guilty of gross disobedience or 21 misconduct, including gross disobedience or misconduct 22 perpetuated by electronic means, pursuant to subsection (b-20) 23 of this Section, and no action shall lie against them for such 24 expulsion. Expulsion shall take place only after the parents 25 have been requested to appear at a meeting of the board, or HB3412 Engrossed - 2 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 3 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 3 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 3 - LRB103 30173 RJT 56601 b 1 with a hearing officer appointed by it, to discuss their 2 child's behavior. Such request shall be made by registered or 3 certified mail and shall state the time, place and purpose of 4 the meeting. The board, or a hearing officer appointed by it, 5 at such meeting shall state the reasons for dismissal and the 6 date on which the expulsion is to become effective. If a 7 hearing officer is appointed by the board, he shall report to 8 the board a written summary of the evidence heard at the 9 meeting and the board may take such action thereon as it finds 10 appropriate. If the board acts to expel a pupil, the written 11 expulsion decision shall detail the specific reasons why 12 removing the pupil from the learning environment is in the 13 best interest of the school. The expulsion decision shall also 14 include a rationale as to the specific duration of the 15 expulsion. An expelled pupil may be immediately transferred to 16 an alternative program in the manner provided in Article 13A 17 or 13B of this Code. A pupil must not be denied transfer 18 because of the expulsion, except in cases in which such 19 transfer is deemed to cause a threat to the safety of students 20 or staff in the alternative program. 21 (b) To suspend or by policy to authorize the 22 superintendent of the district or the principal, assistant 23 principal, or dean of students of any school to suspend pupils 24 guilty of gross disobedience or misconduct, or to suspend 25 pupils guilty of gross disobedience or misconduct on the 26 school bus from riding the school bus, pursuant to subsections HB3412 Engrossed - 3 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 4 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 4 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 4 - LRB103 30173 RJT 56601 b 1 (b-15) and (b-20) of this Section, and no action shall lie 2 against them for such suspension. The board may by policy 3 authorize the superintendent of the district or the principal, 4 assistant principal, or dean of students of any school to 5 suspend pupils guilty of such acts for a period not to exceed 6 10 school days. If a pupil is suspended due to gross 7 disobedience or misconduct on a school bus, the board may 8 suspend the pupil in excess of 10 school days for safety 9 reasons. 10 Any suspension shall be reported immediately to the 11 parents or guardian of a pupil along with a full statement of 12 the reasons for such suspension and a notice of their right to 13 a review. The school board must be given a summary of the 14 notice, including the reason for the suspension and the 15 suspension length. Upon request of the parents or guardian, 16 the school board or a hearing officer appointed by it shall 17 review such action of the superintendent or principal, 18 assistant principal, or dean of students. At such review, the 19 parents or guardian of the pupil may appear and discuss the 20 suspension with the board or its hearing officer. If a hearing 21 officer is appointed by the board, he shall report to the board 22 a written summary of the evidence heard at the meeting. After 23 its hearing or upon receipt of the written report of its 24 hearing officer, the board may take such action as it finds 25 appropriate. If a student is suspended pursuant to this 26 subsection (b), the board shall, in the written suspension HB3412 Engrossed - 4 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 5 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 5 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 5 - LRB103 30173 RJT 56601 b 1 decision, detail the specific act of gross disobedience or 2 misconduct resulting in the decision to suspend. The 3 suspension decision shall also include a rationale as to the 4 specific duration of the suspension. A pupil who is suspended 5 in excess of 20 school days may be immediately transferred to 6 an alternative program in the manner provided in Article 13A 7 or 13B of this Code. A pupil must not be denied transfer 8 because of the suspension, except in cases in which such 9 transfer is deemed to cause a threat to the safety of students 10 or staff in the alternative program. 11 (b-5) Among the many possible disciplinary interventions 12 and consequences available to school officials, school 13 exclusions, such as out-of-school suspensions and expulsions, 14 are the most serious. School officials shall limit the number 15 and duration of expulsions and suspensions to the greatest 16 extent practicable, and it is recommended that they use them 17 only for legitimate educational purposes. To ensure that 18 students are not excluded from school unnecessarily, it is 19 recommended that school officials consider forms of 20 non-exclusionary discipline prior to using out-of-school 21 suspensions or expulsions. 22 (b-10) Unless otherwise required by federal law or this 23 Code, school boards may not institute zero-tolerance policies 24 by which school administrators are required to suspend or 25 expel students for particular behaviors. 26 (b-15) Out-of-school suspensions of 3 days or less may be HB3412 Engrossed - 5 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 6 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 6 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 6 - LRB103 30173 RJT 56601 b 1 used only if the student's continuing presence in school would 2 pose a threat to school safety or a disruption to other 3 students' learning opportunities. For purposes of this 4 subsection (b-15), "threat to school safety or a disruption to 5 other students' learning opportunities" shall be determined on 6 a case-by-case basis by the school board or its designee. 7 School officials shall make all reasonable efforts to resolve 8 such threats, address such disruptions, and minimize the 9 length of suspensions to the greatest extent practicable. 10 (b-20) Unless otherwise required by this Code, 11 out-of-school suspensions of longer than 3 days, expulsions, 12 and disciplinary removals to alternative schools may be used 13 only if other appropriate and available behavioral and 14 disciplinary interventions have been exhausted and the 15 student's continuing presence in school would either (i) pose 16 a threat to the safety of other students, staff, or members of 17 the school community or (ii) substantially disrupt, impede, or 18 interfere with the operation of the school. For purposes of 19 this subsection (b-20), "threat to the safety of other 20 students, staff, or members of the school community" and 21 "substantially disrupt, impede, or interfere with the 22 operation of the school" shall be determined on a case-by-case 23 basis by school officials. For purposes of this subsection 24 (b-20), the determination of whether "appropriate and 25 available behavioral and disciplinary interventions have been 26 exhausted" shall be made by school officials. School officials HB3412 Engrossed - 6 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 7 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 7 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 7 - LRB103 30173 RJT 56601 b 1 shall make all reasonable efforts to resolve such threats, 2 address such disruptions, and minimize the length of student 3 exclusions to the greatest extent practicable. Within the 4 suspension decision described in subsection (b) of this 5 Section or the expulsion decision described in subsection (a) 6 of this Section, it shall be documented whether other 7 interventions were attempted or whether it was determined that 8 there were no other appropriate and available interventions. 9 (b-25) Students who are suspended out-of-school for longer 10 than 4 school days shall be provided appropriate and available 11 support services during the period of their suspension. For 12 purposes of this subsection (b-25), "appropriate and available 13 support services" shall be determined by school authorities. 14 Within the suspension decision described in subsection (b) of 15 this Section, it shall be documented whether such services are 16 to be provided or whether it was determined that there are no 17 such appropriate and available services. 18 A school district may refer students who are expelled to 19 appropriate and available support services. 20 A school district shall create a policy to facilitate the 21 re-engagement of students who are suspended out-of-school, 22 expelled, or returning from an alternative school setting. 23 (b-30) A school district shall create a policy by which 24 suspended pupils, including those pupils suspended from the 25 school bus who do not have alternate transportation to school, 26 shall have the opportunity to make up work for equivalent HB3412 Engrossed - 7 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 8 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 8 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 8 - LRB103 30173 RJT 56601 b 1 academic credit. It shall be the responsibility of a pupil's 2 parent or guardian to notify school officials that a pupil 3 suspended from the school bus does not have alternate 4 transportation to school. 5 (c) A school board must invite a representative from a 6 local mental health agency to consult with the board at the 7 meeting whenever there is evidence that mental illness may be 8 the cause of a student's expulsion or suspension. 9 (c-5) School districts shall make reasonable efforts to 10 provide ongoing professional development to teachers, 11 administrators, school board members, school resource 12 officers, and staff on the adverse consequences of school 13 exclusion and justice-system involvement, effective classroom 14 management strategies, culturally responsive discipline, the 15 appropriate and available supportive services for the 16 promotion of student attendance and engagement, and 17 developmentally appropriate disciplinary methods that promote 18 positive and healthy school climates. 19 (d) The board may expel a student for a definite period of 20 time not to exceed 2 calendar years, as determined on a 21 case-by-case basis. A student who is determined to have 22 brought one of the following objects to school, any 23 school-sponsored activity or event, or any activity or event 24 that bears a reasonable relationship to school shall be 25 expelled for a period of not less than one year: 26 (1) A firearm. For the purposes of this Section, HB3412 Engrossed - 8 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 9 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 9 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 9 - LRB103 30173 RJT 56601 b 1 "firearm" means any gun, rifle, shotgun, weapon as defined 2 by Section 921 of Title 18 of the United States Code, 3 firearm as defined in Section 1.1 of the Firearm Owners 4 Identification Card Act, or firearm as defined in Section 5 24-1 of the Criminal Code of 2012. The expulsion period 6 under this subdivision (1) may be modified by the 7 superintendent, and the superintendent's determination may 8 be modified by the board on a case-by-case basis. 9 (2) A knife, brass knuckles or other knuckle weapon 10 regardless of its composition, a billy club, or any other 11 object if used or attempted to be used to cause bodily 12 harm, including "look alikes" of any firearm as defined in 13 subdivision (1) of this subsection (d). The expulsion 14 requirement under this subdivision (2) may be modified by 15 the superintendent, and the superintendent's determination 16 may be modified by the board on a case-by-case basis. 17 Expulsion or suspension shall be construed in a manner 18 consistent with the federal Individuals with Disabilities 19 Education Act. A student who is subject to suspension or 20 expulsion as provided in this Section may be eligible for a 21 transfer to an alternative school program in accordance with 22 Article 13A of the School Code. 23 (d-5) The board may suspend or by regulation authorize the 24 superintendent of the district or the principal, assistant 25 principal, or dean of students of any school to suspend a 26 student for a period not to exceed 10 school days or may expel HB3412 Engrossed - 9 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 10 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 10 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 10 - LRB103 30173 RJT 56601 b 1 a student for a definite period of time not to exceed 2 2 calendar years, as determined on a case-by-case basis, if (i) 3 that student has been determined to have made an explicit 4 threat on an Internet website against a school employee, a 5 student, or any school-related personnel, (ii) the Internet 6 website through which the threat was made is a site that was 7 accessible within the school at the time the threat was made or 8 was available to third parties who worked or studied within 9 the school grounds at the time the threat was made, and (iii) 10 the threat could be reasonably interpreted as threatening to 11 the safety and security of the threatened individual because 12 of his or her duties or employment status or status as a 13 student inside the school. 14 (e) To maintain order and security in the schools, school 15 authorities may inspect and search places and areas such as 16 lockers, desks, parking lots, and other school property and 17 equipment owned or controlled by the school, as well as 18 personal effects left in those places and areas by students, 19 without notice to or the consent of the student, and without a 20 search warrant. As a matter of public policy, the General 21 Assembly finds that students have no reasonable expectation of 22 privacy in these places and areas or in their personal effects 23 left in these places and areas. School authorities may request 24 the assistance of law enforcement officials for the purpose of 25 conducting inspections and searches of lockers, desks, parking 26 lots, and other school property and equipment owned or HB3412 Engrossed - 10 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 11 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 11 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 11 - LRB103 30173 RJT 56601 b 1 controlled by the school for illegal drugs, weapons, or other 2 illegal or dangerous substances or materials, including 3 searches conducted through the use of specially trained dogs. 4 If a search conducted in accordance with this Section produces 5 evidence that the student has violated or is violating either 6 the law, local ordinance, or the school's policies or rules, 7 such evidence may be seized by school authorities, and 8 disciplinary action may be taken. School authorities may also 9 turn over such evidence to law enforcement authorities. 10 (f) Suspension or expulsion may include suspension or 11 expulsion from school and all school activities and a 12 prohibition from being present on school grounds. 13 (g) A school district may adopt a policy providing that if 14 a student is suspended or expelled for any reason from any 15 public or private school in this or any other state, the 16 student must complete the entire term of the suspension or 17 expulsion in an alternative school program under Article 13A 18 of this Code or an alternative learning opportunities program 19 under Article 13B of this Code before being admitted into the 20 school district if there is no threat to the safety of students 21 or staff in the alternative program. 22 (h) School officials shall not advise or encourage 23 students to drop out voluntarily due to behavioral or academic 24 difficulties. 25 (i) A student may not be issued a monetary fine or fee as a 26 disciplinary consequence, though this shall not preclude HB3412 Engrossed - 11 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 12 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 12 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 12 - LRB103 30173 RJT 56601 b 1 requiring a student to provide restitution for lost, stolen, 2 or damaged property. School personnel may not refer a student 3 to any other local public entity, as defined under Section 4 1-206 of the Local Governmental and Governmental Employees 5 Tort Immunity Act, school resource officer, as defined under 6 Section 10-20.68 of this Code, or peace officer, as defined 7 under Section 2-13 of the Criminal Code of 2012, for the 8 purpose of a local public entity issuing the student a fine or 9 a fee for an incident or behavior that has been or can be 10 pursued through the school district's available disciplinary 11 interventions and consequences. 12 This subsection (i) does not modify school disciplinary 13 responses provided under this Section or Section 10-20.14 of 14 this Code that exist before the effective date of this 15 amendatory Act of the 103rd General Assembly or responses to 16 alleged delinquent or criminal conduct set forth in this Code, 17 Article V of the Juvenile Court Act of 1987, or the Criminal 18 Code of 2012. 19 (j) Subsections (a) through (i) of this Section shall 20 apply to elementary and secondary schools, charter schools, 21 special charter districts, and school districts organized 22 under Article 34 of this Code. 23 (k) The expulsion of children enrolled in programs funded 24 under Section 1C-2 of this Code is subject to the requirements 25 under paragraph (7) of subsection (a) of Section 2-3.71 of 26 this Code. HB3412 Engrossed - 12 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 13 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 13 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 13 - LRB103 30173 RJT 56601 b 1 (l) Beginning with the 2018-2019 school year, an in-school 2 suspension program provided by a school district for any 3 students in kindergarten through grade 12 may focus on 4 promoting non-violent conflict resolution and positive 5 interaction with other students and school personnel. A school 6 district may employ a school social worker or a licensed 7 mental health professional to oversee an in-school suspension 8 program in kindergarten through grade 12. 9 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 10 102-813, eff. 5-13-22.) 11 (Text of Section after amendment by P.A. 102-466) 12 Sec. 10-22.6. Suspension or expulsion of pupils; school 13 searches. 14 (a) To expel pupils guilty of gross disobedience or 15 misconduct, including gross disobedience or misconduct 16 perpetuated by electronic means, pursuant to subsection (b-20) 17 of this Section, and no action shall lie against them for such 18 expulsion. Expulsion shall take place only after the parents 19 or guardians have been requested to appear at a meeting of the 20 board, or with a hearing officer appointed by it, to discuss 21 their child's behavior. Such request shall be made by 22 registered or certified mail and shall state the time, place 23 and purpose of the meeting. The board, or a hearing officer 24 appointed by it, at such meeting shall state the reasons for 25 dismissal and the date on which the expulsion is to become HB3412 Engrossed - 13 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 14 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 14 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 14 - LRB103 30173 RJT 56601 b 1 effective. If a hearing officer is appointed by the board, he 2 shall report to the board a written summary of the evidence 3 heard at the meeting and the board may take such action thereon 4 as it finds appropriate. If the board acts to expel a pupil, 5 the written expulsion decision shall detail the specific 6 reasons why removing the pupil from the learning environment 7 is in the best interest of the school. The expulsion decision 8 shall also include a rationale as to the specific duration of 9 the expulsion. An expelled pupil may be immediately 10 transferred to an alternative program in the manner provided 11 in Article 13A or 13B of this Code. A pupil must not be denied 12 transfer because of the expulsion, except in cases in which 13 such transfer is deemed to cause a threat to the safety of 14 students or staff in the alternative program. 15 (b) To suspend or by policy to authorize the 16 superintendent of the district or the principal, assistant 17 principal, or dean of students of any school to suspend pupils 18 guilty of gross disobedience or misconduct, or to suspend 19 pupils guilty of gross disobedience or misconduct on the 20 school bus from riding the school bus, pursuant to subsections 21 (b-15) and (b-20) of this Section, and no action shall lie 22 against them for such suspension. The board may by policy 23 authorize the superintendent of the district or the principal, 24 assistant principal, or dean of students of any school to 25 suspend pupils guilty of such acts for a period not to exceed 26 10 school days. If a pupil is suspended due to gross HB3412 Engrossed - 14 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 15 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 15 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 15 - LRB103 30173 RJT 56601 b 1 disobedience or misconduct on a school bus, the board may 2 suspend the pupil in excess of 10 school days for safety 3 reasons. 4 Any suspension shall be reported immediately to the 5 parents or guardians of a pupil along with a full statement of 6 the reasons for such suspension and a notice of their right to 7 a review. The school board must be given a summary of the 8 notice, including the reason for the suspension and the 9 suspension length. Upon request of the parents or guardians, 10 the school board or a hearing officer appointed by it shall 11 review such action of the superintendent or principal, 12 assistant principal, or dean of students. At such review, the 13 parents or guardians of the pupil may appear and discuss the 14 suspension with the board or its hearing officer. If a hearing 15 officer is appointed by the board, he shall report to the board 16 a written summary of the evidence heard at the meeting. After 17 its hearing or upon receipt of the written report of its 18 hearing officer, the board may take such action as it finds 19 appropriate. If a student is suspended pursuant to this 20 subsection (b), the board shall, in the written suspension 21 decision, detail the specific act of gross disobedience or 22 misconduct resulting in the decision to suspend. The 23 suspension decision shall also include a rationale as to the 24 specific duration of the suspension. A pupil who is suspended 25 in excess of 20 school days may be immediately transferred to 26 an alternative program in the manner provided in Article 13A HB3412 Engrossed - 15 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 16 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 16 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 16 - LRB103 30173 RJT 56601 b 1 or 13B of this Code. A pupil must not be denied transfer 2 because of the suspension, except in cases in which such 3 transfer is deemed to cause a threat to the safety of students 4 or staff in the alternative program. 5 (b-5) Among the many possible disciplinary interventions 6 and consequences available to school officials, school 7 exclusions, such as out-of-school suspensions and expulsions, 8 are the most serious. School officials shall limit the number 9 and duration of expulsions and suspensions to the greatest 10 extent practicable, and it is recommended that they use them 11 only for legitimate educational purposes. To ensure that 12 students are not excluded from school unnecessarily, it is 13 recommended that school officials consider forms of 14 non-exclusionary discipline prior to using out-of-school 15 suspensions or expulsions. 16 (b-10) Unless otherwise required by federal law or this 17 Code, school boards may not institute zero-tolerance policies 18 by which school administrators are required to suspend or 19 expel students for particular behaviors. 20 (b-15) Out-of-school suspensions of 3 days or less may be 21 used only if the student's continuing presence in school would 22 pose a threat to school safety or a disruption to other 23 students' learning opportunities. For purposes of this 24 subsection (b-15), "threat to school safety or a disruption to 25 other students' learning opportunities" shall be determined on 26 a case-by-case basis by the school board or its designee. HB3412 Engrossed - 16 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 17 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 17 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 17 - LRB103 30173 RJT 56601 b 1 School officials shall make all reasonable efforts to resolve 2 such threats, address such disruptions, and minimize the 3 length of suspensions to the greatest extent practicable. 4 (b-20) Unless otherwise required by this Code, 5 out-of-school suspensions of longer than 3 days, expulsions, 6 and disciplinary removals to alternative schools may be used 7 only if other appropriate and available behavioral and 8 disciplinary interventions have been exhausted and the 9 student's continuing presence in school would either (i) pose 10 a threat to the safety of other students, staff, or members of 11 the school community or (ii) substantially disrupt, impede, or 12 interfere with the operation of the school. For purposes of 13 this subsection (b-20), "threat to the safety of other 14 students, staff, or members of the school community" and 15 "substantially disrupt, impede, or interfere with the 16 operation of the school" shall be determined on a case-by-case 17 basis by school officials. For purposes of this subsection 18 (b-20), the determination of whether "appropriate and 19 available behavioral and disciplinary interventions have been 20 exhausted" shall be made by school officials. School officials 21 shall make all reasonable efforts to resolve such threats, 22 address such disruptions, and minimize the length of student 23 exclusions to the greatest extent practicable. Within the 24 suspension decision described in subsection (b) of this 25 Section or the expulsion decision described in subsection (a) 26 of this Section, it shall be documented whether other HB3412 Engrossed - 17 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 18 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 18 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 18 - LRB103 30173 RJT 56601 b 1 interventions were attempted or whether it was determined that 2 there were no other appropriate and available interventions. 3 (b-25) Students who are suspended out-of-school for longer 4 than 4 school days shall be provided appropriate and available 5 support services during the period of their suspension. For 6 purposes of this subsection (b-25), "appropriate and available 7 support services" shall be determined by school authorities. 8 Within the suspension decision described in subsection (b) of 9 this Section, it shall be documented whether such services are 10 to be provided or whether it was determined that there are no 11 such appropriate and available services. 12 A school district may refer students who are expelled to 13 appropriate and available support services. 14 A school district shall create a policy to facilitate the 15 re-engagement of students who are suspended out-of-school, 16 expelled, or returning from an alternative school setting. 17 (b-30) A school district shall create a policy by which 18 suspended pupils, including those pupils suspended from the 19 school bus who do not have alternate transportation to school, 20 shall have the opportunity to make up work for equivalent 21 academic credit. It shall be the responsibility of a pupil's 22 parents or guardians to notify school officials that a pupil 23 suspended from the school bus does not have alternate 24 transportation to school. 25 (b-35) In all suspension review hearings conducted under 26 subsection (b) or expulsion hearings conducted under HB3412 Engrossed - 18 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 19 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 19 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 19 - LRB103 30173 RJT 56601 b 1 subsection (a), a student may disclose any factor to be 2 considered in mitigation, including his or her status as a 3 parent, expectant parent, or victim of domestic or sexual 4 violence, as defined in Article 26A. A representative of the 5 parent's or guardian's choice, or of the student's choice if 6 emancipated, must be permitted to represent the student 7 throughout the proceedings and to address the school board or 8 its appointed hearing officer. With the approval of the 9 student's parent or guardian, or of the student if 10 emancipated, a support person must be permitted to accompany 11 the student to any disciplinary hearings or proceedings. The 12 representative or support person must comply with any rules of 13 the school district's hearing process. If the representative 14 or support person violates the rules or engages in behavior or 15 advocacy that harasses, abuses, or intimidates either party, a 16 witness, or anyone else in attendance at the hearing, the 17 representative or support person may be prohibited from 18 further participation in the hearing or proceeding. A 19 suspension or expulsion proceeding under this subsection 20 (b-35) must be conducted independently from any ongoing 21 criminal investigation or proceeding, and an absence of 22 pending or possible criminal charges, criminal investigations, 23 or proceedings may not be a factor in school disciplinary 24 decisions. 25 (b-40) During a suspension review hearing conducted under 26 subsection (b) or an expulsion hearing conducted under HB3412 Engrossed - 19 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 20 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 20 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 20 - LRB103 30173 RJT 56601 b 1 subsection (a) that involves allegations of sexual violence by 2 the student who is subject to discipline, neither the student 3 nor his or her representative shall directly question nor have 4 direct contact with the alleged victim. The student who is 5 subject to discipline or his or her representative may, at the 6 discretion and direction of the school board or its appointed 7 hearing officer, suggest questions to be posed by the school 8 board or its appointed hearing officer to the alleged victim. 9 (c) A school board must invite a representative from a 10 local mental health agency to consult with the board at the 11 meeting whenever there is evidence that mental illness may be 12 the cause of a student's expulsion or suspension. 13 (c-5) School districts shall make reasonable efforts to 14 provide ongoing professional development to teachers, 15 administrators, school board members, school resource 16 officers, and staff on the adverse consequences of school 17 exclusion and justice-system involvement, effective classroom 18 management strategies, culturally responsive discipline, the 19 appropriate and available supportive services for the 20 promotion of student attendance and engagement, and 21 developmentally appropriate disciplinary methods that promote 22 positive and healthy school climates. 23 (d) The board may expel a student for a definite period of 24 time not to exceed 2 calendar years, as determined on a 25 case-by-case basis. A student who is determined to have 26 brought one of the following objects to school, any HB3412 Engrossed - 20 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 21 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 21 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 21 - LRB103 30173 RJT 56601 b 1 school-sponsored activity or event, or any activity or event 2 that bears a reasonable relationship to school shall be 3 expelled for a period of not less than one year: 4 (1) A firearm. For the purposes of this Section, 5 "firearm" means any gun, rifle, shotgun, weapon as defined 6 by Section 921 of Title 18 of the United States Code, 7 firearm as defined in Section 1.1 of the Firearm Owners 8 Identification Card Act, or firearm as defined in Section 9 24-1 of the Criminal Code of 2012. The expulsion period 10 under this subdivision (1) may be modified by the 11 superintendent, and the superintendent's determination may 12 be modified by the board on a case-by-case basis. 13 (2) A knife, brass knuckles or other knuckle weapon 14 regardless of its composition, a billy club, or any other 15 object if used or attempted to be used to cause bodily 16 harm, including "look alikes" of any firearm as defined in 17 subdivision (1) of this subsection (d). The expulsion 18 requirement under this subdivision (2) may be modified by 19 the superintendent, and the superintendent's determination 20 may be modified by the board on a case-by-case basis. 21 Expulsion or suspension shall be construed in a manner 22 consistent with the federal Individuals with Disabilities 23 Education Act. A student who is subject to suspension or 24 expulsion as provided in this Section may be eligible for a 25 transfer to an alternative school program in accordance with 26 Article 13A of the School Code. HB3412 Engrossed - 21 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 22 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 22 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 22 - LRB103 30173 RJT 56601 b 1 (d-5) The board may suspend or by regulation authorize the 2 superintendent of the district or the principal, assistant 3 principal, or dean of students of any school to suspend a 4 student for a period not to exceed 10 school days or may expel 5 a student for a definite period of time not to exceed 2 6 calendar years, as determined on a case-by-case basis, if (i) 7 that student has been determined to have made an explicit 8 threat on an Internet website against a school employee, a 9 student, or any school-related personnel, (ii) the Internet 10 website through which the threat was made is a site that was 11 accessible within the school at the time the threat was made or 12 was available to third parties who worked or studied within 13 the school grounds at the time the threat was made, and (iii) 14 the threat could be reasonably interpreted as threatening to 15 the safety and security of the threatened individual because 16 of his or her duties or employment status or status as a 17 student inside the school. 18 (e) To maintain order and security in the schools, school 19 authorities may inspect and search places and areas such as 20 lockers, desks, parking lots, and other school property and 21 equipment owned or controlled by the school, as well as 22 personal effects left in those places and areas by students, 23 without notice to or the consent of the student, and without a 24 search warrant. As a matter of public policy, the General 25 Assembly finds that students have no reasonable expectation of 26 privacy in these places and areas or in their personal effects HB3412 Engrossed - 22 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 23 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 23 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 23 - LRB103 30173 RJT 56601 b 1 left in these places and areas. School authorities may request 2 the assistance of law enforcement officials for the purpose of 3 conducting inspections and searches of lockers, desks, parking 4 lots, and other school property and equipment owned or 5 controlled by the school for illegal drugs, weapons, or other 6 illegal or dangerous substances or materials, including 7 searches conducted through the use of specially trained dogs. 8 If a search conducted in accordance with this Section produces 9 evidence that the student has violated or is violating either 10 the law, local ordinance, or the school's policies or rules, 11 such evidence may be seized by school authorities, and 12 disciplinary action may be taken. School authorities may also 13 turn over such evidence to law enforcement authorities. 14 (f) Suspension or expulsion may include suspension or 15 expulsion from school and all school activities and a 16 prohibition from being present on school grounds. 17 (g) A school district may adopt a policy providing that if 18 a student is suspended or expelled for any reason from any 19 public or private school in this or any other state, the 20 student must complete the entire term of the suspension or 21 expulsion in an alternative school program under Article 13A 22 of this Code or an alternative learning opportunities program 23 under Article 13B of this Code before being admitted into the 24 school district if there is no threat to the safety of students 25 or staff in the alternative program. A school district that 26 adopts a policy under this subsection (g) must include a HB3412 Engrossed - 23 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 24 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 24 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 24 - LRB103 30173 RJT 56601 b 1 provision allowing for consideration of any mitigating 2 factors, including, but not limited to, a student's status as 3 a parent, expectant parent, or victim of domestic or sexual 4 violence, as defined in Article 26A. 5 (h) School officials shall not advise or encourage 6 students to drop out voluntarily due to behavioral or academic 7 difficulties. 8 (i) A student may not be issued a monetary fine or fee as a 9 disciplinary consequence, though this shall not preclude 10 requiring a student to provide restitution for lost, stolen, 11 or damaged property. School personnel may not refer a student 12 to any other local public entity, as defined under Section 13 1-206 of the Local Governmental and Governmental Employees 14 Tort Immunity Act, school resource officer, as defined under 15 Section 10-20.68 of this Code, or peace officer, as defined 16 under Section 2-13 of the Criminal Code of 2012, for the 17 purpose of a local public entity issuing the student a fine or 18 a fee for an incident or behavior that has been or can be 19 pursued through the school district's available disciplinary 20 interventions and consequences. 21 This subsection (i) does not modify school disciplinary 22 responses provided under this Section or Section 10-20.14 of 23 this Code that exist before the effective date of this 24 amendatory Act of the 103rd General Assembly or responses to 25 alleged delinquent or criminal conduct set forth in this Code, 26 Article V of the Juvenile Court Act of 1987, or the Criminal HB3412 Engrossed - 24 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 25 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 25 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 25 - LRB103 30173 RJT 56601 b 1 Code of 2012. 2 (j) Subsections (a) through (i) of this Section shall 3 apply to elementary and secondary schools, charter schools, 4 special charter districts, and school districts organized 5 under Article 34 of this Code. 6 (k) The expulsion of children enrolled in programs funded 7 under Section 1C-2 of this Code is subject to the requirements 8 under paragraph (7) of subsection (a) of Section 2-3.71 of 9 this Code. 10 (l) Beginning with the 2018-2019 school year, an in-school 11 suspension program provided by a school district for any 12 students in kindergarten through grade 12 may focus on 13 promoting non-violent conflict resolution and positive 14 interaction with other students and school personnel. A school 15 district may employ a school social worker or a licensed 16 mental health professional to oversee an in-school suspension 17 program in kindergarten through grade 12. 18 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 19 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) 20 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) 21 Sec. 26-12. Punitive action. 22 (a) No punitive action, including out-of-school 23 suspensions, expulsions, or court action, shall be taken 24 against truant minors for such truancy unless appropriate and 25 available supportive services and other school resources have HB3412 Engrossed - 25 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 26 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 26 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 26 - LRB103 30173 RJT 56601 b 1 been provided to the student. Notwithstanding the provisions 2 of Section 10-22.6 of this Code, a truant minor may not be 3 expelled for nonattendance unless he or she has accrued 15 4 consecutive days of absences without valid cause and the 5 student cannot be located by the school district or the school 6 district has located the student but cannot, after exhausting 7 all available supportive services, compel the student to 8 return to school. 9 (b) School personnel A school district may not refer a 10 truant, chronic truant, or truant minor to any other local 11 public entity, as defined under Section 1-206 of the Local 12 Governmental and Governmental Employees Tort Immunity Act, 13 school resource officer, as defined under Section 10-20.68 of 14 this Code, or peace officer, as defined under Section 2-13 of 15 the Criminal Code of 2012, for that local public entity to 16 issue the child a fine or a fee as punishment for his or her 17 truancy. 18 (c) A school district may refer any person having custody 19 or control of a truant, chronic truant, or truant minor to any 20 other local public entity, as defined under Section 1-206 of 21 the Local Governmental and Governmental Employees Tort 22 Immunity Act, for that local public entity to issue the person 23 a fine or fee for the child's truancy only if the school 24 district's truant officer, regional office of education, or 25 intermediate service center has been notified of the truant 26 behavior and the school district, regional office of HB3412 Engrossed - 26 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 27 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 27 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 27 - LRB103 30173 RJT 56601 b 1 education, or intermediate service center has offered all 2 appropriate and available supportive services and other school 3 resources to the child. Before a school district may refer a 4 person having custody or control of a child to a municipality, 5 as defined under Section 1-1-2 of the Illinois Municipal Code, 6 the school district must provide the following appropriate and 7 available services: 8 (1) For any child who is a homeless child, as defined 9 under Section 1-5 of the Education for Homeless Children 10 Act, a meeting between the child, the person having 11 custody or control of the child, relevant school 12 personnel, and a homeless liaison to discuss any barriers 13 to the child's attendance due to the child's transitional 14 living situation and to construct a plan that removes 15 these barriers. 16 (2) For any child with a documented disability, a 17 meeting between the child, the person having custody or 18 control of the child, and relevant school personnel to 19 review the child's current needs and address the 20 appropriateness of the child's placement and services. For 21 any child subject to Article 14 of this Code, this meeting 22 shall be an individualized education program meeting and 23 shall include relevant members of the individualized 24 education program team. For any child with a disability 25 under Section 504 of the federal Rehabilitation Act of 26 1973 (29 U.S.C. 794), this meeting shall be a Section 504 HB3412 Engrossed - 27 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 28 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b 1 plan review and include relevant members of the Section 2 504 plan team. 3 (3) For any child currently being evaluated by a 4 school district for a disability or for whom the school 5 has a basis of knowledge that the child is a child with a 6 disability under 20 U.S.C. 1415(k)(5), the completion of 7 the evaluation and determination of the child's 8 eligibility for special education services. 9 (d) Before a school district may refer a person having 10 custody or control of a child to a local public entity under 11 this Section, the school district must document any 12 appropriate and available supportive services offered to the 13 child. In the event a meeting under this Section does not 14 occur, a school district must have documentation that it made 15 reasonable efforts to convene the meeting at a mutually 16 convenient time and date for the school district and the 17 person having custody or control of the child and, but for the 18 conduct of that person, the meeting would have occurred. 19 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; 20 101-81, eff. 7-12-19.) 21 Section 95. No acceleration or delay. Where this Act makes 22 changes in a statute that is represented in this Act by text 23 that is not yet or no longer in effect (for example, a Section 24 represented by multiple versions), the use of that text does 25 not accelerate or delay the taking effect of (i) the changes HB3412 Engrossed - 28 - LRB103 30173 RJT 56601 b HB3412 Engrossed- 29 -LRB103 30173 RJT 56601 b HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b 1 made by this Act or (ii) provisions derived from any other 2 Public Act. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law. HB3412 Engrossed - 29 - LRB103 30173 RJT 56601 b