Illinois 2023-2024 Regular Session

Illinois House Bill HB3600 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB3600 EngrossedLRB103 29452 RJT 55844 b HB3600 Engrossed LRB103 29452 RJT 55844 b
2		-	HB3600 Engrossed LRB103 29452 RJT 55844 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3600 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new105 ILCS 5/10-22.6d new Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately. LRB103 29452 RJT 55844 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3600 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new105 ILCS 5/10-22.6d new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new 105 ILCS 5/10-22.6d new Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately. LRB103 29452 RJT 55844 b LRB103 29452 RJT 55844 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3600 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new105 ILCS 5/10-22.6d new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new 105 ILCS 5/10-22.6d new
	4	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	5	+	105 ILCS 5/10-22.6c new
	6	+	105 ILCS 5/10-22.6d new
	7	+	Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately.
	8	+	LRB103 29452 RJT 55844 b LRB103 29452 RJT 55844 b
	9	+	LRB103 29452 RJT 55844 b
	10	+	A BILL FOR
	11	+	HB3600LRB103 29452 RJT 55844 b HB3600 LRB103 29452 RJT 55844 b
	12	+	HB3600 LRB103 29452 RJT 55844 b
3	13		1 AN ACT concerning education.
4	14		2 Be it enacted by the People of the State of Illinois,
5	15		3 represented in the General Assembly:
6	16		4 Section 5. The School Code is amended by changing Section
7	17		5 10-22.6 and by adding Sections 10-22.6c and 10-22.6d as
8	18		6 follows:
9	19		7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
10	20		8 (Text of Section before amendment by P.A. 102-466)
11	21		9 Sec. 10-22.6. Suspension or expulsion of pupils; school
12	22		10 searches.
13	23		11 (a) To expel pupils guilty of gross disobedience or
14	24		12 misconduct, including gross disobedience or misconduct
15	25		13 perpetuated by electronic means, pursuant to subsection (b-20)
16	26		14 of this Section, and no action shall lie against them for such
17	27		15 expulsion. Expulsion shall take place only after the parents
18	28		16 have been requested to appear at a meeting of the board, or
19	29		17 with a hearing officer appointed by it, to discuss their
20	30		18 child's behavior. Such request shall be made by registered or
21	31		19 certified mail and shall state the time, place and purpose of
22	32		20 the meeting. The board, or a hearing officer appointed by it,
23	33		21 at such meeting shall state the reasons for dismissal and the
24	34		22 date on which the expulsion is to become effective. If a
25	35		23 hearing officer is appointed by the board, he shall report to
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	39	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3600 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
	40	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new105 ILCS 5/10-22.6d new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6c new 105 ILCS 5/10-22.6d new
	41	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	42	+	105 ILCS 5/10-22.6c new
	43	+	105 ILCS 5/10-22.6d new
	44	+	Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately.
	45	+	LRB103 29452 RJT 55844 b LRB103 29452 RJT 55844 b
	46	+	LRB103 29452 RJT 55844 b
	47	+	A BILL FOR
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	53	+	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
	54	+	105 ILCS 5/10-22.6c new
	55	+	105 ILCS 5/10-22.6d new
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34	74		1 the board a written summary of the evidence heard at the
35	75		2 meeting and the board may take such action thereon as it finds
36	76		3 appropriate. If the board acts to expel a pupil, the written
37	77		4 expulsion decision shall detail the specific reasons why
38	78		5 removing the pupil from the learning environment is in the
39	79		6 best interest of the school. The expulsion decision shall also
40	80		7 include a rationale as to the specific duration of the
41	81		8 expulsion. An expelled pupil may be immediately transferred to
42	82		9 an alternative program in the manner provided in Article 13A
43	83		10 or 13B of this Code. A pupil must not be denied transfer
44	84		11 because of the expulsion, except in cases in which such
45	85		12 transfer is deemed to cause a threat to the safety of students
46	86		13 or staff in the alternative program.
47	87		14 (b) To suspend or by policy to authorize the
48	88		15 superintendent of the district or the principal, assistant
49	89		16 principal, or dean of students of any school to suspend pupils
50	90		17 guilty of gross disobedience or misconduct, or to suspend
51	91		18 pupils guilty of gross disobedience or misconduct on the
52	92		19 school bus from riding the school bus, pursuant to subsections
53	93		20 (b-15) and (b-20) of this Section, and no action shall lie
54	94		21 against them for such suspension. The board may by policy
55	95		22 authorize the superintendent of the district or the principal,
56	96		23 assistant principal, or dean of students of any school to
57	97		24 suspend pupils guilty of such acts for a period not to exceed
58	98		25 10 school days. If a pupil is suspended due to gross
59	99		26 disobedience or misconduct on a school bus, the board may
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70	110		1 suspend the pupil in excess of 10 school days for safety
71	111		2 reasons.
72	112		3 Any suspension shall be reported immediately to the
73	113		4 parents or guardian of a pupil along with a full statement of
74	114		5 the reasons for such suspension and a notice of their right to
75	115		6 a review. The school board must be given a summary of the
76	116		7 notice, including the reason for the suspension and the
77	117		8 suspension length. Upon request of the parents or guardian,
78	118		9 the school board or a hearing officer appointed by it shall
79	119		10 review such action of the superintendent or principal,
80	120		11 assistant principal, or dean of students. At such review, the
81	121		12 parents or guardian of the pupil may appear and discuss the
82	122		13 suspension with the board or its hearing officer. If a hearing
83	123		14 officer is appointed by the board, he shall report to the board
84	124		15 a written summary of the evidence heard at the meeting. After
85	125		16 its hearing or upon receipt of the written report of its
86	126		17 hearing officer, the board may take such action as it finds
87	127		18 appropriate. If a student is suspended pursuant to this
88	128		19 subsection (b), the board shall, in the written suspension
89	129		20 decision, detail the specific act of gross disobedience or
90	130		21 misconduct resulting in the decision to suspend. The
91	131		22 suspension decision shall also include a rationale as to the
92	132		23 specific duration of the suspension. A pupil who is suspended
93	133		24 in excess of 20 school days may be immediately transferred to
94	134		25 an alternative program in the manner provided in Article 13A
95	135		26 or 13B of this Code. A pupil must not be denied transfer
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106	146		1 because of the suspension, except in cases in which such
107	147		2 transfer is deemed to cause a threat to the safety of students
108	148		3 or staff in the alternative program.
109	149		4 (b-5) Among the many possible disciplinary interventions
110	150		5 and consequences available to school officials, school
111	151		6 exclusions, such as out-of-school suspensions and expulsions,
112	152		7 are the most serious. School officials shall limit the number
113	153		8 and duration of expulsions and suspensions to the greatest
114	154		9 extent practicable, and it is recommended that they use them
115	155		10 only for legitimate educational purposes. To ensure that
116	156		11 students are not excluded from school unnecessarily, it is
117	157		12 recommended that school officials consider forms of
118	158		13 non-exclusionary discipline prior to using out-of-school
119	159		14 suspensions or expulsions.
120	160		15 (b-10) Unless otherwise required by federal law or this
121	161		16 Code, school boards may not institute zero-tolerance policies
122	162		17 by which school administrators are required to suspend or
123	163		18 expel students for particular behaviors.
124	164		19 (b-15) Out-of-school suspensions of 3 days or less may be
125	165		20 used only if the student's continuing presence in school would
126	166		21 pose a threat to school safety or a disruption to other
127	167		22 students' learning opportunities. For purposes of this
128	168		23 subsection (b-15), "threat to school safety or a disruption to
129	169		24 other students' learning opportunities" shall be determined on
130	170		25 a case-by-case basis by the school board or its designee.
131	171		26 School officials shall make all reasonable efforts to resolve
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142	182		1 such threats, address such disruptions, and minimize the
143	183		2 length of suspensions to the greatest extent practicable.
144	184		3 (b-20) Unless otherwise required by this Code,
145	185		4 out-of-school suspensions of longer than 3 days, expulsions,
146	186		5 and disciplinary removals to alternative schools may be used
147	187		6 only if other appropriate and available behavioral and
148	188		7 disciplinary interventions have been exhausted and the
149	189		8 student's continuing presence in school would either (i) pose
150	190		9 a threat to the safety of other students, staff, or members of
151	191		10 the school community or (ii) substantially disrupt, impede, or
152	192		11 interfere with the operation of the school. For purposes of
153	193		12 this subsection (b-20), "threat to the safety of other
154	194		13 students, staff, or members of the school community" and
155	195		14 "substantially disrupt, impede, or interfere with the
156	196		15 operation of the school" shall be determined on a case-by-case
157	197		16 basis by school officials. For purposes of this subsection
158	198		17 (b-20), the determination of whether "appropriate and
159	199		18 available behavioral and disciplinary interventions have been
160	200		19 exhausted" shall be made by school officials. School officials
161	201		20 shall make all reasonable efforts to resolve such threats,
162	202		21 address such disruptions, and minimize the length of student
163	203		22 exclusions to the greatest extent practicable. Within the
164	204		23 suspension decision described in subsection (b) of this
165	205		24 Section or the expulsion decision described in subsection (a)
166	206		25 of this Section, it shall be documented whether other
167	207		26 interventions were attempted or whether it was determined that
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178	218		1 there were no other appropriate and available interventions.
179	219		2 (b-25) Students who are suspended out-of-school for longer
180	220		3 than 4 school days shall be provided appropriate and available
181	221		4 support services during the period of their suspension. For
182	222		5 purposes of this subsection (b-25), "appropriate and available
183	223		6 support services" shall be determined by school authorities.
184	224		7 Within the suspension decision described in subsection (b) of
185	225		8 this Section, it shall be documented whether such services are
186	226		9 to be provided or whether it was determined that there are no
187	227		10 such appropriate and available services.
188	228		11 A school district may refer students who are expelled to
189	229		12 appropriate and available support services.
190	230		13 A school district shall create a policy to facilitate the
191	231		14 re-engagement of students who are suspended out-of-school,
192	232		15 expelled, or returning from an alternative school setting.
193	233		16 (b-30) A school district shall create a policy by which
194	234		17 suspended pupils, including those pupils suspended from the
195	235		18 school bus who do not have alternate transportation to school,
196	236		19 shall have the opportunity to make up work for equivalent
197	237		20 academic credit. It shall be the responsibility of a pupil's
198	238		21 parent or guardian to notify school officials that a pupil
199	239		22 suspended from the school bus does not have alternate
200	240		23 transportation to school.
201	241		24 (c) A school board must invite a representative from a
202	242		25 local mental health agency to consult with the board at the
203	243		26 meeting whenever there is evidence that mental illness may be
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214	254		1 the cause of a student's expulsion or suspension.
215	255		2 (c-5) School districts shall make reasonable efforts to
216	256		3 provide ongoing professional development to teachers,
217	257		4 administrators, school board members, school resource
218	258		5 officers, and staff on the adverse consequences of school
219	259		6 exclusion and justice-system involvement, effective classroom
220	260		7 management strategies, culturally responsive discipline, the
221	261		8 appropriate and available supportive services for the
222	262		9 promotion of student attendance and engagement, and
223	263		10 developmentally appropriate disciplinary methods that promote
224	264		11 positive and healthy school climates.
225	265		12 (d) The board may expel a student for a definite period of
226	266		13 time not to exceed 2 calendar years, as determined on a
227	267		14 case-by-case basis. A student who is determined to have
228	268		15 brought one of the following objects to school, any
229	269		16 school-sponsored activity or event, or any activity or event
230	270		17 that bears a reasonable relationship to school shall be
231	271		18 expelled for a period of not less than one year:
232	272		19 (1) A firearm. For the purposes of this Section,
233	273		20 "firearm" means any gun, rifle, shotgun, weapon as defined
234	274		21 by Section 921 of Title 18 of the United States Code,
235	275		22 firearm as defined in Section 1.1 of the Firearm Owners
236	276		23 Identification Card Act, or firearm as defined in Section
237	277		24 24-1 of the Criminal Code of 2012. The expulsion period
238	278		25 under this subdivision (1) may be modified by the
239	279		26 superintendent, and the superintendent's determination may
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250	290		1 be modified by the board on a case-by-case basis.
251	291		2 (2) A knife, brass knuckles or other knuckle weapon
252	292		3 regardless of its composition, a billy club, or any other
253	293		4 object if used or attempted to be used to cause bodily
254	294		5 harm, including "look alikes" of any firearm as defined in
255	295		6 subdivision (1) of this subsection (d). The expulsion
256	296		7 requirement under this subdivision (2) may be modified by
257	297		8 the superintendent, and the superintendent's determination
258	298		9 may be modified by the board on a case-by-case basis.
259	299		10 Expulsion or suspension shall be construed in a manner
260	300		11 consistent with the federal Individuals with Disabilities
261	301		12 Education Act. A student who is subject to suspension or
262	302		13 expulsion as provided in this Section may be eligible for a
263	303		14 transfer to an alternative school program in accordance with
264	304		15 Article 13A of the School Code.
265	305		16 (d-5) The board may suspend or by regulation authorize the
266	306		17 superintendent of the district or the principal, assistant
267	307		18 principal, or dean of students of any school to suspend a
268	308		19 student for a period not to exceed 10 school days or may expel
269	309		20 a student for a definite period of time not to exceed 2
270	310		21 calendar years, as determined on a case-by-case basis, if (i)
271	311		22 that student has been determined to have made an explicit
272	312		23 threat on an Internet website against a school employee, a
273	313		24 student, or any school-related personnel, (ii) the Internet
274	314		25 website through which the threat was made is a site that was
275	315		26 accessible within the school at the time the threat was made or
276	316
277	317
278	318
279	319
280	320
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282	322
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286	326		1 was available to third parties who worked or studied within
287	327		2 the school grounds at the time the threat was made, and (iii)
288	328		3 the threat could be reasonably interpreted as threatening to
289	329		4 the safety and security of the threatened individual because
290	330		5 of his or her duties or employment status or status as a
291	331		6 student inside the school.
292	332		7 (e) To maintain order and security in the schools, school
293	333		8 authorities may inspect and search places and areas such as
294	334		9 lockers, desks, parking lots, and other school property and
295	335		10 equipment owned or controlled by the school, as well as
296	336		11 personal effects left in those places and areas by students,
297	337		12 without notice to or the consent of the student, and without a
298	338		13 search warrant. As a matter of public policy, the General
299	339		14 Assembly finds that students have no reasonable expectation of
300	340		15 privacy in these places and areas or in their personal effects
301	341		16 left in these places and areas. School authorities may request
302	342		17 the assistance of law enforcement officials for the purpose of
303	343		18 conducting inspections and searches of lockers, desks, parking
304	344		19 lots, and other school property and equipment owned or
305	345		20 controlled by the school for illegal drugs, weapons, or other
306	346		21 illegal or dangerous substances or materials, including
307	347		22 searches conducted through the use of specially trained dogs.
308	348		23 If a search conducted in accordance with this Section produces
309	349		24 evidence that the student has violated or is violating either
310	350		25 the law, local ordinance, or the school's policies or rules,
311	351		26 such evidence may be seized by school authorities, and
312	352
313	353
314	354
315	355
316	356
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318	358
319	359
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322	362		1 disciplinary action may be taken. School authorities may also
323	363		2 turn over such evidence to law enforcement authorities.
324	364		3 (f) Suspension or expulsion may include suspension or
325	365		4 expulsion from school and all school activities and a
326	366		5 prohibition from being present on school grounds.
327	367		6 (g) A school district may adopt a policy providing that if
328	368		7 a student is suspended or expelled for any reason from any
329	369		8 public or private school in this or any other state, the
330	370		9 student must complete the entire term of the suspension or
331	371		10 expulsion in an alternative school program under Article 13A
332	372		11 of this Code or an alternative learning opportunities program
333	373		12 under Article 13B of this Code before being admitted into the
334	374		13 school district if there is no threat to the safety of students
335	375		14 or staff in the alternative program.
336	376		15 (h) School officials shall not advise or encourage
337	377		16 students to drop out voluntarily due to behavioral or academic
338	378		17 difficulties.
339	379		18 (i) A student may not be issued a monetary fine or fee as a
340	380		19 disciplinary consequence, though this shall not preclude
341	381		20 requiring a student to provide restitution for lost, stolen,
342	382		21 or damaged property.
343	383		22 (j) Subsections (a) through (i) of this Section shall
344	384		23 apply to elementary and secondary schools, charter schools,
345	385		24 special charter districts, and school districts organized
346	386		25 under Article 34 of this Code.
347	387		26 (k) The expulsion of children enrolled in programs funded
348	388
349	389
350	390
351	391
352	392
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354	394
355	395
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358	398		1 under Section 1C-2 of this Code is subject to the requirements
359	399		2 under paragraph (7) of subsection (a) of Section 2-3.71 of
360	400		3 this Code.
361	401		4 (l) (Blank). Beginning with the 2018-2019 school year, an
362	402		5 in-school suspension program provided by a school district for
363	403		6 any students in kindergarten through grade 12 may focus on
364	404		7 promoting non-violent conflict resolution and positive
365	405		8 interaction with other students and school personnel. A school
366	406		9 district may employ a school social worker or a licensed
367	407		10 mental health professional to oversee an in-school suspension
368	408		11 program in kindergarten through grade 12.
369	409		12 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
370	410		13 102-813, eff. 5-13-22.)
371	411		14 (Text of Section after amendment by P.A. 102-466)
372	412		15 Sec. 10-22.6. Suspension or expulsion of pupils; school
373	413		16 searches.
374	414		17 (a) To expel pupils guilty of gross disobedience or
375	415		18 misconduct, including gross disobedience or misconduct
376	416		19 perpetuated by electronic means, pursuant to subsection (b-20)
377	417		20 of this Section, and no action shall lie against them for such
378	418		21 expulsion. Expulsion shall take place only after the parents
379	419		22 or guardians have been requested to appear at a meeting of the
380	420		23 board, or with a hearing officer appointed by it, to discuss
381	421		24 their child's behavior. Such request shall be made by
382	422		25 registered or certified mail and shall state the time, place
383	423
384	424
385	425
386	426
387	427
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389	429
390	430
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393	433		1 and purpose of the meeting. The board, or a hearing officer
394	434		2 appointed by it, at such meeting shall state the reasons for
395	435		3 dismissal and the date on which the expulsion is to become
396	436		4 effective. If a hearing officer is appointed by the board, he
397	437		5 shall report to the board a written summary of the evidence
398	438		6 heard at the meeting and the board may take such action thereon
399	439		7 as it finds appropriate. If the board acts to expel a pupil,
400	440		8 the written expulsion decision shall detail the specific
401	441		9 reasons why removing the pupil from the learning environment
402	442		10 is in the best interest of the school. The expulsion decision
403	443		11 shall also include a rationale as to the specific duration of
404	444		12 the expulsion. An expelled pupil may be immediately
405	445		13 transferred to an alternative program in the manner provided
406	446		14 in Article 13A or 13B of this Code. A pupil must not be denied
407	447		15 transfer because of the expulsion, except in cases in which
408	448		16 such transfer is deemed to cause a threat to the safety of
409	449		17 students or staff in the alternative program.
410	450		18 (b) To suspend or by policy to authorize the
411	451		19 superintendent of the district or the principal, assistant
412	452		20 principal, or dean of students of any school to suspend pupils
413	453		21 guilty of gross disobedience or misconduct, or to suspend
414	454		22 pupils guilty of gross disobedience or misconduct on the
415	455		23 school bus from riding the school bus, pursuant to subsections
416	456		24 (b-15) and (b-20) of this Section, and no action shall lie
417	457		25 against them for such suspension. The board may by policy
418	458		26 authorize the superintendent of the district or the principal,
419	459
420	460
421	461
422	462
423	463
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425	465
426	466
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429	469		1 assistant principal, or dean of students of any school to
430	470		2 suspend pupils guilty of such acts for a period not to exceed
431	471		3 10 school days. If a pupil is suspended due to gross
432	472		4 disobedience or misconduct on a school bus, the board may
433	473		5 suspend the pupil in excess of 10 school days for safety
434	474		6 reasons.
435	475		7 Any suspension shall be reported immediately to the
436	476		8 parents or guardians of a pupil along with a full statement of
437	477		9 the reasons for such suspension and a notice of their right to
438	478		10 a review. The school board must be given a summary of the
439	479		11 notice, including the reason for the suspension and the
440	480		12 suspension length. Upon request of the parents or guardians,
441	481		13 the school board or a hearing officer appointed by it shall
442	482		14 review such action of the superintendent or principal,
443	483		15 assistant principal, or dean of students. At such review, the
444	484		16 parents or guardians of the pupil may appear and discuss the
445	485		17 suspension with the board or its hearing officer. If a hearing
446	486		18 officer is appointed by the board, he shall report to the board
447	487		19 a written summary of the evidence heard at the meeting. After
448	488		20 its hearing or upon receipt of the written report of its
449	489		21 hearing officer, the board may take such action as it finds
450	490		22 appropriate. If a student is suspended pursuant to this
451	491		23 subsection (b), the board shall, in the written suspension
452	492		24 decision, detail the specific act of gross disobedience or
453	493		25 misconduct resulting in the decision to suspend. The
454	494		26 suspension decision shall also include a rationale as to the
455	495
456	496
457	497
458	498
459	499
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461	501
462	502
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465	505		1 specific duration of the suspension. A pupil who is suspended
466	506		2 in excess of 20 school days may be immediately transferred to
467	507		3 an alternative program in the manner provided in Article 13A
468	508		4 or 13B of this Code. A pupil must not be denied transfer
469	509		5 because of the suspension, except in cases in which such
470	510		6 transfer is deemed to cause a threat to the safety of students
471	511		7 or staff in the alternative program.
472	512		8 (b-5) Among the many possible disciplinary interventions
473	513		9 and consequences available to school officials, school
474	514		10 exclusions, such as out-of-school suspensions and expulsions,
475	515		11 are the most serious. School officials shall limit the number
476	516		12 and duration of expulsions and suspensions to the greatest
477	517		13 extent practicable, and it is recommended that they use them
478	518		14 only for legitimate educational purposes. To ensure that
479	519		15 students are not excluded from school unnecessarily, it is
480	520		16 recommended that school officials consider forms of
481	521		17 non-exclusionary discipline prior to using out-of-school
482	522		18 suspensions or expulsions.
483	523		19 (b-10) Unless otherwise required by federal law or this
484	524		20 Code, school boards may not institute zero-tolerance policies
485	525		21 by which school administrators are required to suspend or
486	526		22 expel students for particular behaviors.
487	527		23 (b-15) Out-of-school suspensions of 3 days or less may be
488	528		24 used only if the student's continuing presence in school would
489	529		25 pose a threat to school safety or a disruption to other
490	530		26 students' learning opportunities. For purposes of this
491	531
492	532
493	533
494	534
495	535
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497	537
498	538
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500		-	HB3600 ~~Engrossed~~ - 15 - LRB103 29452 RJT 55844 b
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501	541		1 subsection (b-15), "threat to school safety or a disruption to
502	542		2 other students' learning opportunities" shall be determined on
503	543		3 a case-by-case basis by the school board or its designee.
504	544		4 School officials shall make all reasonable efforts to resolve
505	545		5 such threats, address such disruptions, and minimize the
506	546		6 length of suspensions to the greatest extent practicable.
507	547		7 (b-20) Unless otherwise required by this Code,
508	548		8 out-of-school suspensions of longer than 3 days, expulsions,
509	549		9 and disciplinary removals to alternative schools may be used
510	550		10 only if other appropriate and available behavioral and
511	551		11 disciplinary interventions have been exhausted and the
512	552		12 student's continuing presence in school would either (i) pose
513	553		13 a threat to the safety of other students, staff, or members of
514	554		14 the school community or (ii) substantially disrupt, impede, or
515	555		15 interfere with the operation of the school. For purposes of
516	556		16 this subsection (b-20), "threat to the safety of other
517	557		17 students, staff, or members of the school community" and
518	558		18 "substantially disrupt, impede, or interfere with the
519	559		19 operation of the school" shall be determined on a case-by-case
520	560		20 basis by school officials. For purposes of this subsection
521	561		21 (b-20), the determination of whether "appropriate and
522	562		22 available behavioral and disciplinary interventions have been
523	563		23 exhausted" shall be made by school officials. School officials
524	564		24 shall make all reasonable efforts to resolve such threats,
525	565		25 address such disruptions, and minimize the length of student
526	566		26 exclusions to the greatest extent practicable. Within the
527	567
528	568
529	569
530	570
531	571
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533	573
534	574
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536		-	HB3600 ~~Engrossed~~ - 16 - LRB103 29452 RJT 55844 b
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537	577		1 suspension decision described in subsection (b) of this
538	578		2 Section or the expulsion decision described in subsection (a)
539	579		3 of this Section, it shall be documented whether other
540	580		4 interventions were attempted or whether it was determined that
541	581		5 there were no other appropriate and available interventions.
542	582		6 (b-25) Students who are suspended out-of-school for longer
543	583		7 than 4 school days shall be provided appropriate and available
544	584		8 support services during the period of their suspension. For
545	585		9 purposes of this subsection (b-25), "appropriate and available
546	586		10 support services" shall be determined by school authorities.
547	587		11 Within the suspension decision described in subsection (b) of
548	588		12 this Section, it shall be documented whether such services are
549	589		13 to be provided or whether it was determined that there are no
550	590		14 such appropriate and available services.
551	591		15 A school district may refer students who are expelled to
552	592		16 appropriate and available support services.
553	593		17 A school district shall create a policy to facilitate the
554	594		18 re-engagement of students who are suspended out-of-school,
555	595		19 expelled, or returning from an alternative school setting.
556	596		20 (b-30) A school district shall create a policy by which
557	597		21 suspended pupils, including those pupils suspended from the
558	598		22 school bus who do not have alternate transportation to school,
559	599		23 shall have the opportunity to make up work for equivalent
560	600		24 academic credit. It shall be the responsibility of a pupil's
561	601		25 parents or guardians to notify school officials that a pupil
562	602		26 suspended from the school bus does not have alternate
563	603
564	604
565	605
566	606
567	607
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569	609
570	610
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573	613		1 transportation to school.
574	614		2 (b-35) In all suspension review hearings conducted under
575	615		3 subsection (b) or expulsion hearings conducted under
576	616		4 subsection (a), a student may disclose any factor to be
577	617		5 considered in mitigation, including his or her status as a
578	618		6 parent, expectant parent, or victim of domestic or sexual
579	619		7 violence, as defined in Article 26A. A representative of the
580	620		8 parent's or guardian's choice, or of the student's choice if
581	621		9 emancipated, must be permitted to represent the student
582	622		10 throughout the proceedings and to address the school board or
583	623		11 its appointed hearing officer. With the approval of the
584	624		12 student's parent or guardian, or of the student if
585	625		13 emancipated, a support person must be permitted to accompany
586	626		14 the student to any disciplinary hearings or proceedings. The
587	627		15 representative or support person must comply with any rules of
588	628		16 the school district's hearing process. If the representative
589	629		17 or support person violates the rules or engages in behavior or
590	630		18 advocacy that harasses, abuses, or intimidates either party, a
591	631		19 witness, or anyone else in attendance at the hearing, the
592	632		20 representative or support person may be prohibited from
593	633		21 further participation in the hearing or proceeding. A
594	634		22 suspension or expulsion proceeding under this subsection
595	635		23 (b-35) must be conducted independently from any ongoing
596	636		24 criminal investigation or proceeding, and an absence of
597	637		25 pending or possible criminal charges, criminal investigations,
598	638		26 or proceedings may not be a factor in school disciplinary
599	639
600	640
601	641
602	642
603	643
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605	645
606	646
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609	649		1 decisions.
610	650		2 (b-40) During a suspension review hearing conducted under
611	651		3 subsection (b) or an expulsion hearing conducted under
612	652		4 subsection (a) that involves allegations of sexual violence by
613	653		5 the student who is subject to discipline, neither the student
614	654		6 nor his or her representative shall directly question nor have
615	655		7 direct contact with the alleged victim. The student who is
616	656		8 subject to discipline or his or her representative may, at the
617	657		9 discretion and direction of the school board or its appointed
618	658		10 hearing officer, suggest questions to be posed by the school
619	659		11 board or its appointed hearing officer to the alleged victim.
620	660		12 (c) A school board must invite a representative from a
621	661		13 local mental health agency to consult with the board at the
622	662		14 meeting whenever there is evidence that mental illness may be
623	663		15 the cause of a student's expulsion or suspension.
624	664		16 (c-5) School districts shall make reasonable efforts to
625	665		17 provide ongoing professional development to teachers,
626	666		18 administrators, school board members, school resource
627	667		19 officers, and staff on the adverse consequences of school
628	668		20 exclusion and justice-system involvement, effective classroom
629	669		21 management strategies, culturally responsive discipline, the
630	670		22 appropriate and available supportive services for the
631	671		23 promotion of student attendance and engagement, and
632	672		24 developmentally appropriate disciplinary methods that promote
633	673		25 positive and healthy school climates.
634	674		26 (d) The board may expel a student for a definite period of
635	675
636	676
637	677
638	678
639	679
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641	681
642	682
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645	685		1 time not to exceed 2 calendar years, as determined on a
646	686		2 case-by-case basis. A student who is determined to have
647	687		3 brought one of the following objects to school, any
648	688		4 school-sponsored activity or event, or any activity or event
649	689		5 that bears a reasonable relationship to school shall be
650	690		6 expelled for a period of not less than one year:
651	691		7 (1) A firearm. For the purposes of this Section,
652	692		8 "firearm" means any gun, rifle, shotgun, weapon as defined
653	693		9 by Section 921 of Title 18 of the United States Code,
654	694		10 firearm as defined in Section 1.1 of the Firearm Owners
655	695		11 Identification Card Act, or firearm as defined in Section
656	696		12 24-1 of the Criminal Code of 2012. The expulsion period
657	697		13 under this subdivision (1) may be modified by the
658	698		14 superintendent, and the superintendent's determination may
659	699		15 be modified by the board on a case-by-case basis.
660	700		16 (2) A knife, brass knuckles or other knuckle weapon
661	701		17 regardless of its composition, a billy club, or any other
662	702		18 object if used or attempted to be used to cause bodily
663	703		19 harm, including "look alikes" of any firearm as defined in
664	704		20 subdivision (1) of this subsection (d). The expulsion
665	705		21 requirement under this subdivision (2) may be modified by
666	706		22 the superintendent, and the superintendent's determination
667	707		23 may be modified by the board on a case-by-case basis.
668	708		24 Expulsion or suspension shall be construed in a manner
669	709		25 consistent with the federal Individuals with Disabilities
670	710		26 Education Act. A student who is subject to suspension or
671	711
672	712
673	713
674	714
675	715
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	716	+	HB3600 - 19 - LRB103 29452 RJT 55844 b
677	717
678	718
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680		-	HB3600 ~~Engrossed~~ - 20 - LRB103 29452 RJT 55844 b
	719	+	HB3600- 20 -LRB103 29452 RJT 55844 b HB3600 - 20 - LRB103 29452 RJT 55844 b
	720	+	HB3600 - 20 - LRB103 29452 RJT 55844 b
681	721		1 expulsion as provided in this Section may be eligible for a
682	722		2 transfer to an alternative school program in accordance with
683	723		3 Article 13A of the School Code.
684	724		4 (d-5) The board may suspend or by regulation authorize the
685	725		5 superintendent of the district or the principal, assistant
686	726		6 principal, or dean of students of any school to suspend a
687	727		7 student for a period not to exceed 10 school days or may expel
688	728		8 a student for a definite period of time not to exceed 2
689	729		9 calendar years, as determined on a case-by-case basis, if (i)
690	730		10 that student has been determined to have made an explicit
691	731		11 threat on an Internet website against a school employee, a
692	732		12 student, or any school-related personnel, (ii) the Internet
693	733		13 website through which the threat was made is a site that was
694	734		14 accessible within the school at the time the threat was made or
695	735		15 was available to third parties who worked or studied within
696	736		16 the school grounds at the time the threat was made, and (iii)
697	737		17 the threat could be reasonably interpreted as threatening to
698	738		18 the safety and security of the threatened individual because
699	739		19 of his or her duties or employment status or status as a
700	740		20 student inside the school.
701	741		21 (e) To maintain order and security in the schools, school
702	742		22 authorities may inspect and search places and areas such as
703	743		23 lockers, desks, parking lots, and other school property and
704	744		24 equipment owned or controlled by the school, as well as
705	745		25 personal effects left in those places and areas by students,
706	746		26 without notice to or the consent of the student, and without a
707	747
708	748
709	749
710	750
711	751
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	752	+	HB3600 - 20 - LRB103 29452 RJT 55844 b
713	753
714	754
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716		-	HB3600 ~~Engrossed~~ - 21 - LRB103 29452 RJT 55844 b
	755	+	HB3600- 21 -LRB103 29452 RJT 55844 b HB3600 - 21 - LRB103 29452 RJT 55844 b
	756	+	HB3600 - 21 - LRB103 29452 RJT 55844 b
717	757		1 search warrant. As a matter of public policy, the General
718	758		2 Assembly finds that students have no reasonable expectation of
719	759		3 privacy in these places and areas or in their personal effects
720	760		4 left in these places and areas. School authorities may request
721	761		5 the assistance of law enforcement officials for the purpose of
722	762		6 conducting inspections and searches of lockers, desks, parking
723	763		7 lots, and other school property and equipment owned or
724	764		8 controlled by the school for illegal drugs, weapons, or other
725	765		9 illegal or dangerous substances or materials, including
726	766		10 searches conducted through the use of specially trained dogs.
727	767		11 If a search conducted in accordance with this Section produces
728	768		12 evidence that the student has violated or is violating either
729	769		13 the law, local ordinance, or the school's policies or rules,
730	770		14 such evidence may be seized by school authorities, and
731	771		15 disciplinary action may be taken. School authorities may also
732	772		16 turn over such evidence to law enforcement authorities.
733	773		17 (f) Suspension or expulsion may include suspension or
734	774		18 expulsion from school and all school activities and a
735	775		19 prohibition from being present on school grounds.
736	776		20 (g) A school district may adopt a policy providing that if
737	777		21 a student is suspended or expelled for any reason from any
738	778		22 public or private school in this or any other state, the
739	779		23 student must complete the entire term of the suspension or
740	780		24 expulsion in an alternative school program under Article 13A
741	781		25 of this Code or an alternative learning opportunities program
742	782		26 under Article 13B of this Code before being admitted into the
743	783
744	784
745	785
746	786
747	787
748		-	HB3600 ~~Engrossed~~ - 21 - LRB103 29452 RJT 55844 b
	788	+	HB3600 - 21 - LRB103 29452 RJT 55844 b
749	789
750	790
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752		-	HB3600 ~~Engrossed~~ - 22 - LRB103 29452 RJT 55844 b
	791	+	HB3600- 22 -LRB103 29452 RJT 55844 b HB3600 - 22 - LRB103 29452 RJT 55844 b
	792	+	HB3600 - 22 - LRB103 29452 RJT 55844 b
753	793		1 school district if there is no threat to the safety of students
754	794		2 or staff in the alternative program. A school district that
755	795		3 adopts a policy under this subsection (g) must include a
756	796		4 provision allowing for consideration of any mitigating
757	797		5 factors, including, but not limited to, a student's status as
758	798		6 a parent, expectant parent, or victim of domestic or sexual
759	799		7 violence, as defined in Article 26A.
760	800		8 (h) School officials shall not advise or encourage
761	801		9 students to drop out voluntarily due to behavioral or academic
762	802		10 difficulties.
763	803		11 (i) A student may not be issued a monetary fine or fee as a
764	804		12 disciplinary consequence, though this shall not preclude
765	805		13 requiring a student to provide restitution for lost, stolen,
766	806		14 or damaged property.
767	807		15 (j) Subsections (a) through (i) of this Section shall
768	808		16 apply to elementary and secondary schools, charter schools,
769	809		17 special charter districts, and school districts organized
770	810		18 under Article 34 of this Code.
771	811		19 (k) The expulsion of children enrolled in programs funded
772	812		20 under Section 1C-2 of this Code is subject to the requirements
773	813		21 under paragraph (7) of subsection (a) of Section 2-3.71 of
774	814		22 this Code.
775	815		23 (l) (Blank). Beginning with the 2018-2019 school year, an
776	816		24 in-school suspension program provided by a school district for
777	817		25 any students in kindergarten through grade 12 may focus on
778	818		26 promoting non-violent conflict resolution and positive
779	819
780	820
781	821
782	822
783	823
784		-	HB3600 ~~Engrossed~~ - 22 - LRB103 29452 RJT 55844 b
	824	+	HB3600 - 22 - LRB103 29452 RJT 55844 b
785	825
786	826
787		-	HB3600 ~~Engrossed~~- 23 -LRB103 29452 RJT 55844 b HB3600 ~~Engrossed~~ - 23 - LRB103 29452 RJT 55844 b
788		-	HB3600 ~~Engrossed~~ - 23 - LRB103 29452 RJT 55844 b
	827	+	HB3600- 23 -LRB103 29452 RJT 55844 b HB3600 - 23 - LRB103 29452 RJT 55844 b
	828	+	HB3600 - 23 - LRB103 29452 RJT 55844 b
789	829		1 interaction with other students and school personnel. A school
790	830		2 district may employ a school social worker or a licensed
791	831		3 mental health professional to oversee an in-school suspension
792	832		4 program in kindergarten through grade 12.
793	833		5 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
794	834		6 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
795	835		7 (105 ILCS 5/10-22.6c new)
796		-	8 Sec. 10-22.6c. ~~Shortened school day or~~ removal of student
797		-	9 ~~from school initiated by school personnel~~; documentation and
798		-	10 ~~notice.~~
799		-	11 ~~(a) When a student's~~ school ~~day is reduced by school~~
800		-	12 ~~personnel~~, ~~including when the student is sent home during the~~
801		-	13 ~~school day~~, ~~assigned to an in-school suspension, told not to~~
802		-	14 ~~come~~ to ~~school for non-medical~~ ~~reasons, or for other reasons~~
803		-	15 ~~that are not valid causes for absence under this Code,~~
804		-	16 ~~including behaviors that do not rise to~~ the ~~level of gross~~
805		-	17 ~~disobedience or misconduct,~~ ~~such actions by school personnel~~
806		-	18 ~~must be documented,~~ ~~and~~ the ~~student's parent or guardian must~~
807		-	19 ~~be provided a~~ notice ~~in writing describing~~ the ~~action taken~~
808		-	20 ~~and~~ the ~~specific reason or reasons for the action. The~~
809		-	21 ~~documentation and written notice must be made part of the~~
810		-	22 ~~student's temporary school record pursuant to the Illinois~~
811		-	23 ~~School Student Records Act~~.
812		-	24 (b) If a ~~removal is for gross disobedience or misconduct~~
813		-	25 ~~the written notice must comply~~ with ~~Section 22.6.~~
	836	+	8 Sec. 10-22.6c. Removal of a student from learning
	837	+	9 environment; documentation and notice.
	838	+	10 (a) If a student is sent home for a full or partial school
	839	+	11 day, subjected to an in-school suspension, told not to come to
	840	+	12 school for non-medical reasons, or for other reasons that are
	841	+	13 not valid causes for absence under this Code, including
	842	+	14 behaviors that do not rise to the level of gross disobedience
	843	+	15 or misconduct, removal from the educational environment must
	844	+	16 be documented and the student's parent or guardian must be
	845	+	17 provided a notice in writing describing the action taken and
	846	+	18 the specific reason or reasons for the action. The
	847	+	19 documentation and written notice must be made part of the
	848	+	20 student's temporary school record pursuant to the Illinois
	849	+	21 School Student Records Act.
	850	+	22 (b) If a removal is for gross disobedience or misconduct
	851	+	23 the written notice must comply with Section 22.6.
	852	+	24 (c) Any removal of a student with a disability from the
	853	+	25 learning environment shall also conform with the applicable
814	854
815	855
816	856
817	857
818	858
819		-	HB3600 ~~Engrossed~~ - 23 - LRB103 29452 RJT 55844 b
	859	+	HB3600 - 23 - LRB103 29452 RJT 55844 b
820	860
821	861
822		-	HB3600 ~~Engrossed~~- 24 -LRB103 29452 RJT 55844 b HB3600 ~~Engrossed~~ - 24 - LRB103 29452 RJT 55844 b
823		-	HB3600 ~~Engrossed~~ - 24 - LRB103 29452 RJT 55844 b
824		-	1 ~~(c) A shortened school day or removal~~ of ~~a student~~ with a
825		-	2 ~~disability initiated by school personnel pursuant to~~
826		-	3 ~~subsection (a) shall also conform with the applicable~~
827		-	4 ~~provisions~~ of ~~the~~ federal ~~Individuals with Disabilities~~
828		-	5 ~~Education Act~~, ~~20 U~~.~~S.C. 1400 et seq.; Section 504 of the~~
829		-	6 ~~federal Rehabilitation Act of 1973, 29 U~~.S.~~C. 701 et seq.;~~
830		-	7 ~~Article 14~~ of ~~this Code; and any other applicable federal or~~
831		-	8 ~~State rules,~~ ~~including, but not limited to,~~ ~~34 CFR 300.530~~
832		-	9 ~~through 300.536.~~
833		-	10 ~~(d)~~ The ~~written notice to the parents~~ or ~~guardian of a~~
834		-	11 student ~~with a disability provided under subsection (a) must~~
835		-	12 ~~inform~~ the ~~parents or guardian of the school district~~'s
836		-	13 ~~responsibility to convene~~ a meeting of ~~the student's IEP team~~
837		-	14 ~~or Section 504 plan team to review~~ the student~~'s behavioral~~
838		-	15 ~~intervention plan or to develop such a plan, and of the~~
839		-	16 ~~parent's right to request such a meeting, if the cumulative~~
840		-	17 ~~number of days of removal of the student exceeds 10~~ in a school
841		-	18 ~~year.~~
842		-	19 ~~(105 ILCS 5/10-22.6d new)~~
843		-	20 ~~Sec. 10-22.6d. In-~~school ~~suspension~~.
844		-	21 (a) ~~In this Section, "in-~~school ~~suspension" means~~ the
845		-	22 ~~temporary removal of a student from~~ the ~~student's regular~~
846		-	23 ~~classroom initiated by~~ school ~~personnel for disciplinary~~
847		-	24 ~~purposes while~~ the ~~student remains under the direct~~
848		-	25 ~~supervision of school personnel.~~
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	863	+	HB3600 - 24 - LRB103 29452 RJT 55844 b
	864	+	1 provisions of the federal Individuals with Disabilities
	865	+	2 Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the
	866	+	3 federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.;
	867	+	4 Article 14 of this Code; and any other applicable federal or
	868	+	5 State rules, including, but not limited to, 34 CFR 300.530
	869	+	6 through 300.536.
	870	+	7 (d) The written notice to the parents or guardian of a
	871	+	8 student with a disability provided under subsection (a) must
	872	+	9 include a description of the school district's responsibility
	873	+	10 to convene a meeting of the student's IEP team or Section 504
	874	+	11 plan team to review the student's behavioral intervention plan
	875	+	12 or to develop such a plan, and the parent's right to request
	876	+	13 such a meeting, if the cumulative number of days of removal of
	877	+	14 the student exceeds 10 in a school year.
	878	+	15 (105 ILCS 5/10-22.6d new)
	879	+	16 Sec. 10-22.6d. In-school suspension.
	880	+	17 (a) In this Section, "in-school suspension" means the
	881	+	18 temporary removal of a pupil from their regular classroom for
	882	+	19 disciplinary purposes while they remain under the direct
	883	+	20 supervision of school personnel.
	884	+	21 (b) A school board shall authorize a superintendent of the
	885	+	22 district or the principal, assistant principal, or dean of
	886	+	23 students of any school to assign pupils guilty of gross
	887	+	24 disobedience or misconduct and send the pupil to in-school
	888	+	25 suspension, and no action shall lie against them for the
849	889
850	890
851	891
852	892
853	893
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	894	+	HB3600 - 24 - LRB103 29452 RJT 55844 b
855	895
856	896
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858		-	HB3600 ~~Engrossed~~ - 25 - LRB103 29452 RJT 55844 b
859		-	1 ~~(b) A~~ school ~~board shall authorize a superintendent of the~~
860		-	2 ~~district or~~ the ~~principal, assistant principal, or dean of~~
861		-	3 ~~students of any school~~ to ~~assign students guilty of gross~~
862		-	4 ~~disobedience or misconduct~~ to ~~in-school suspension,~~ ~~and no~~
863		-	5 ~~action~~ shall ~~lie against them for~~ the ~~in-school suspension.~~
864		-	6 ~~(c) Before assigning a student to~~ in-school suspension,
865		-	7 ~~the charges shall be explained to the student,~~ ~~and the student~~
866		-	8 ~~shall be given an opportunity to respond to the charges.~~
867		-	9 ~~(d) Students shall be given the opportunity to complete~~
868		-	10 ~~classroom work during the in-~~school ~~suspension for equivalent~~
869		-	11 ~~academic credit. An in-~~school ~~suspension program provided by~~ a
870		-	12 ~~school district for any students~~ in ~~kindergarten through grade~~
871		-	13 12 ~~may focus on promoting non-violent conflict resolution and~~
872		-	14 ~~positive interaction with other students and school personnel.~~
873		-	15 A school ~~district may employ~~ a ~~school social worker or a~~
874		-	16 ~~licensed mental health professional to oversee an~~ in-school
875		-	17 ~~suspension program in kindergarten through grade 12.~~
876		-	18 ~~(e)~~ The ~~parents or guardians of a student shall be~~
877		-	19 ~~provided with written notice of any~~ in~~-school suspension,~~
878		-	20 ~~along with a full statement of~~ the ~~reasons for such~~ in-school
879		-	21 suspension. ~~If the student is a student with a disability, the~~
880		-	22 ~~written notice shall also state whether the student will~~
881		-	23 ~~receive the instruction and services specified~~ in ~~the~~
882		-	24 ~~student's individualized educational program during the~~
883		-	25 ~~in-school suspension.~~
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	898	+	HB3600 - 25 - LRB103 29452 RJT 55844 b
	899	+	1 in-school suspension.
	900	+	2 (c) Before assigning a pupil to in-school suspension, the
	901	+	3 charges shall be explained to the pupil and the pupil shall be
	902	+	4 given an opportunity to respond to the charges.
	903	+	5 (d) Pupils shall be given the opportunity to complete
	904	+	6 classroom work during the in-school suspension for equivalent
	905	+	7 academic credit. An in-school suspension program provided by a
	906	+	8 school district for any pupils in kindergarten through grade
	907	+	9 12 may focus on promoting non-violent conflict resolution and
	908	+	10 positive interaction with other pupils and school personnel. A
	909	+	11 school district may employ a school social worker or a
	910	+	12 licensed mental health professional to oversee an in-school
	911	+	13 suspension program in kindergarten through grade 12.
	912	+	14 (e) The parents or guardians of a pupil shall be provided
	913	+	15 with written notice of any in-school suspension, along with a
	914	+	16 full statement of the reasons for such in-school suspension.
	915	+	17 If the pupil is a pupil with a disability, the written notice
	916	+	18 shall also state whether the pupil will receive the
	917	+	19 instruction and services specified in the student's
	918	+	20 individualized educational program during the in-school
	919	+	21 suspension.
	920	+	22 Section 95. No acceleration or delay. Where this Act makes
	921	+	23 changes in a statute that is represented in this Act by text
	922	+	24 that is not yet or no longer in effect (for example, a Section
	923	+	25 represented by multiple versions), the use of that text does
884	924
885	925
886	926
887	927
888	928
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	929	+	HB3600 - 25 - LRB103 29452 RJT 55844 b
890	930
891	931
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893		-	HB3600 Engrossed - 26 - LRB103 29452 RJT 55844 b
894		-	1 Section 95. No acceleration or delay. Where this Act makes
895		-	2 changes in a statute that is represented in this Act by text
896		-	3 that is not yet or no longer in effect (for example, a Section
897		-	4 represented by multiple versions), the use of that text does
898		-	5 not accelerate or delay the taking effect of (i) the changes
899		-	6 made by this Act or (ii) provisions derived from any other
900		-	7 Public Act.
901		-	8 Section 99. Effective date. This Act takes effect upon
902		-	9 becoming law.
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	933	+	HB3600 - 26 - LRB103 29452 RJT 55844 b
	934	+	1 not accelerate or delay the taking effect of (i) the changes
	935	+	2 made by this Act or (ii) provisions derived from any other
	936	+	3 Public Act.
	937	+	4 Section 99. Effective date. This Act takes effect upon
	938	+	5 becoming law.
903	939
904	940
905	941
906	942
907	943
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	944	+	HB3600 - 26 - LRB103 29452 RJT 55844 b