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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 Section
5 10-22.6 and by adding Sections 10-22.6c and 10-22.6d as
6 follows:
7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
8 (Text of Section before amendment by P.A. 102-466)
9 Sec. 10-22.6. Suspension or expulsion of pupils; school
10 searches.
11 (a) To expel pupils guilty of gross disobedience or
12 misconduct, including gross disobedience or misconduct
13 perpetuated by electronic means, pursuant to subsection (b-20)
14 of this Section, and no action shall lie against them for such
15 expulsion. Expulsion shall take place only after the parents
16 have been requested to appear at a meeting of the board, or
17 with a hearing officer appointed by it, to discuss their
18 child's behavior. Such request shall be made by registered or
19 certified mail and shall state the time, place and purpose of
20 the meeting. The board, or a hearing officer appointed by it,
21 at such meeting shall state the reasons for dismissal and the
22 date on which the expulsion is to become effective. If a
23 hearing officer is appointed by the board, he shall report to
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1 the board a written summary of the evidence heard at the
2 meeting and the board may take such action thereon as it finds
3 appropriate. If the board acts to expel a pupil, the written
4 expulsion decision shall detail the specific reasons why
5 removing the pupil from the learning environment is in the
6 best interest of the school. The expulsion decision shall also
7 include a rationale as to the specific duration of the
8 expulsion. An expelled pupil may be immediately transferred to
9 an alternative program in the manner provided in Article 13A
10 or 13B of this Code. A pupil must not be denied transfer
11 because of the expulsion, except in cases in which such
12 transfer is deemed to cause a threat to the safety of students
13 or staff in the alternative program.
14 (b) To suspend or by policy to authorize the
15 superintendent of the district or the principal, assistant
16 principal, or dean of students of any school to suspend pupils
17 guilty of gross disobedience or misconduct, or to suspend
18 pupils guilty of gross disobedience or misconduct on the
19 school bus from riding the school bus, pursuant to subsections
20 (b-15) and (b-20) of this Section, and no action shall lie
21 against them for such suspension. The board may by policy
22 authorize the superintendent of the district or the principal,
23 assistant principal, or dean of students of any school to
24 suspend pupils guilty of such acts for a period not to exceed
25 10 school days. If a pupil is suspended due to gross
26 disobedience or misconduct on a school bus, the board may
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1 suspend the pupil in excess of 10 school days for safety
2 reasons.
3 Any suspension shall be reported immediately to the
4 parents or guardian of a pupil along with a full statement of
5 the reasons for such suspension and a notice of their right to
6 a review. The school board must be given a summary of the
7 notice, including the reason for the suspension and the
8 suspension length. Upon request of the parents or guardian,
9 the school board or a hearing officer appointed by it shall
10 review such action of the superintendent or principal,
11 assistant principal, or dean of students. At such review, the
12 parents or guardian of the pupil may appear and discuss the
13 suspension with the board or its hearing officer. If a hearing
14 officer is appointed by the board, he shall report to the board
15 a written summary of the evidence heard at the meeting. After
16 its hearing or upon receipt of the written report of its
17 hearing officer, the board may take such action as it finds
18 appropriate. If a student is suspended pursuant to this
19 subsection (b), the board shall, in the written suspension
20 decision, detail the specific act of gross disobedience or
21 misconduct resulting in the decision to suspend. The
22 suspension decision shall also include a rationale as to the
23 specific duration of the suspension. A pupil who is suspended
24 in excess of 20 school days may be immediately transferred to
25 an alternative program in the manner provided in Article 13A
26 or 13B of this Code. A pupil must not be denied transfer
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1 because of the suspension, except in cases in which such
2 transfer is deemed to cause a threat to the safety of students
3 or staff in the alternative program.
4 (b-5) Among the many possible disciplinary interventions
5 and consequences available to school officials, school
6 exclusions, such as out-of-school suspensions and expulsions,
7 are the most serious. School officials shall limit the number
8 and duration of expulsions and suspensions to the greatest
9 extent practicable, and it is recommended that they use them
10 only for legitimate educational purposes. To ensure that
11 students are not excluded from school unnecessarily, it is
12 recommended that school officials consider forms of
13 non-exclusionary discipline prior to using out-of-school
14 suspensions or expulsions.
15 (b-10) Unless otherwise required by federal law or this
16 Code, school boards may not institute zero-tolerance policies
17 by which school administrators are required to suspend or
18 expel students for particular behaviors.
19 (b-15) Out-of-school suspensions of 3 days or less may be
20 used only if the student's continuing presence in school would
21 pose a threat to school safety or a disruption to other
22 students' learning opportunities. For purposes of this
23 subsection (b-15), "threat to school safety or a disruption to
24 other students' learning opportunities" shall be determined on
25 a case-by-case basis by the school board or its designee.
26 School officials shall make all reasonable efforts to resolve
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1 such threats, address such disruptions, and minimize the
2 length of suspensions to the greatest extent practicable.
3 (b-20) Unless otherwise required by this Code,
4 out-of-school suspensions of longer than 3 days, expulsions,
5 and disciplinary removals to alternative schools may be used
6 only if other appropriate and available behavioral and
7 disciplinary interventions have been exhausted and the
8 student's continuing presence in school would either (i) pose
9 a threat to the safety of other students, staff, or members of
10 the school community or (ii) substantially disrupt, impede, or
11 interfere with the operation of the school. For purposes of
12 this subsection (b-20), "threat to the safety of other
13 students, staff, or members of the school community" and
14 "substantially disrupt, impede, or interfere with the
15 operation of the school" shall be determined on a case-by-case
16 basis by school officials. For purposes of this subsection
17 (b-20), the determination of whether "appropriate and
18 available behavioral and disciplinary interventions have been
19 exhausted" shall be made by school officials. School officials
20 shall make all reasonable efforts to resolve such threats,
21 address such disruptions, and minimize the length of student
22 exclusions to the greatest extent practicable. Within the
23 suspension decision described in subsection (b) of this
24 Section or the expulsion decision described in subsection (a)
25 of this Section, it shall be documented whether other
26 interventions were attempted or whether it was determined that
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1 there were no other appropriate and available interventions.
2 (b-25) Students who are suspended out-of-school for longer
3 than 4 school days shall be provided appropriate and available
4 support services during the period of their suspension. For
5 purposes of this subsection (b-25), "appropriate and available
6 support services" shall be determined by school authorities.
7 Within the suspension decision described in subsection (b) of
8 this Section, it shall be documented whether such services are
9 to be provided or whether it was determined that there are no
10 such appropriate and available services.
11 A school district may refer students who are expelled to
12 appropriate and available support services.
13 A school district shall create a policy to facilitate the
14 re-engagement of students who are suspended out-of-school,
15 expelled, or returning from an alternative school setting.
16 (b-30) A school district shall create a policy by which
17 suspended pupils, including those pupils suspended from the
18 school bus who do not have alternate transportation to school,
19 shall have the opportunity to make up work for equivalent
20 academic credit. It shall be the responsibility of a pupil's
21 parent or guardian to notify school officials that a pupil
22 suspended from the school bus does not have alternate
23 transportation to school.
24 (c) A school board must invite a representative from a
25 local mental health agency to consult with the board at the
26 meeting whenever there is evidence that mental illness may be
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1 the cause of a student's expulsion or suspension.
2 (c-5) School districts shall make reasonable efforts to
3 provide ongoing professional development to teachers,
4 administrators, school board members, school resource
5 officers, and staff on the adverse consequences of school
6 exclusion and justice-system involvement, effective classroom
7 management strategies, culturally responsive discipline, the
8 appropriate and available supportive services for the
9 promotion of student attendance and engagement, and
10 developmentally appropriate disciplinary methods that promote
11 positive and healthy school climates.
12 (d) The board may expel a student for a definite period of
13 time not to exceed 2 calendar years, as determined on a
14 case-by-case basis. A student who is determined to have
15 brought one of the following objects to school, any
16 school-sponsored activity or event, or any activity or event
17 that bears a reasonable relationship to school shall be
18 expelled for a period of not less than one year:
19 (1) A firearm. For the purposes of this Section,
20 "firearm" means any gun, rifle, shotgun, weapon as defined
21 by Section 921 of Title 18 of the United States Code,
22 firearm as defined in Section 1.1 of the Firearm Owners
23 Identification Card Act, or firearm as defined in Section
24 24-1 of the Criminal Code of 2012. The expulsion period
25 under this subdivision (1) may be modified by the
26 superintendent, and the superintendent's determination may
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1 be modified by the board on a case-by-case basis.
2 (2) A knife, brass knuckles or other knuckle weapon
3 regardless of its composition, a billy club, or any other
4 object if used or attempted to be used to cause bodily
5 harm, including "look alikes" of any firearm as defined in
6 subdivision (1) of this subsection (d). The expulsion
7 requirement under this subdivision (2) may be modified by
8 the superintendent, and the superintendent's determination
9 may be modified by the board on a case-by-case basis.
10 Expulsion or suspension shall be construed in a manner
11 consistent with the federal Individuals with Disabilities
12 Education Act. A student who is subject to suspension or
13 expulsion as provided in this Section may be eligible for a
14 transfer to an alternative school program in accordance with
15 Article 13A of the School Code.
16 (d-5) The board may suspend or by regulation authorize the
17 superintendent of the district or the principal, assistant
18 principal, or dean of students of any school to suspend a
19 student for a period not to exceed 10 school days or may expel
20 a student for a definite period of time not to exceed 2
21 calendar years, as determined on a case-by-case basis, if (i)
22 that student has been determined to have made an explicit
23 threat on an Internet website against a school employee, a
24 student, or any school-related personnel, (ii) the Internet
25 website through which the threat was made is a site that was
26 accessible within the school at the time the threat was made or
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1 was available to third parties who worked or studied within
2 the school grounds at the time the threat was made, and (iii)
3 the threat could be reasonably interpreted as threatening to
4 the safety and security of the threatened individual because
5 of his or her duties or employment status or status as a
6 student inside the school.
7 (e) To maintain order and security in the schools, school
8 authorities may inspect and search places and areas such as
9 lockers, desks, parking lots, and other school property and
10 equipment owned or controlled by the school, as well as
11 personal effects left in those places and areas by students,
12 without notice to or the consent of the student, and without a
13 search warrant. As a matter of public policy, the General
14 Assembly finds that students have no reasonable expectation of
15 privacy in these places and areas or in their personal effects
16 left in these places and areas. School authorities may request
17 the assistance of law enforcement officials for the purpose of
18 conducting inspections and searches of lockers, desks, parking
19 lots, and other school property and equipment owned or
20 controlled by the school for illegal drugs, weapons, or other
21 illegal or dangerous substances or materials, including
22 searches conducted through the use of specially trained dogs.
23 If a search conducted in accordance with this Section produces
24 evidence that the student has violated or is violating either
25 the law, local ordinance, or the school's policies or rules,
26 such evidence may be seized by school authorities, and
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1 disciplinary action may be taken. School authorities may also
2 turn over such evidence to law enforcement authorities.
3 (f) Suspension or expulsion may include suspension or
4 expulsion from school and all school activities and a
5 prohibition from being present on school grounds.
6 (g) A school district may adopt a policy providing that if
7 a student is suspended or expelled for any reason from any
8 public or private school in this or any other state, the
9 student must complete the entire term of the suspension or
10 expulsion in an alternative school program under Article 13A
11 of this Code or an alternative learning opportunities program
12 under Article 13B of this Code before being admitted into the
13 school district if there is no threat to the safety of students
14 or staff in the alternative program.
15 (h) School officials shall not advise or encourage
16 students to drop out voluntarily due to behavioral or academic
17 difficulties.
18 (i) A student may not be issued a monetary fine or fee as a
19 disciplinary consequence, though this shall not preclude
20 requiring a student to provide restitution for lost, stolen,
21 or damaged property.
22 (j) Subsections (a) through (i) of this Section shall
23 apply to elementary and secondary schools, charter schools,
24 special charter districts, and school districts organized
25 under Article 34 of this Code.
26 (k) The expulsion of children enrolled in programs funded
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1 under Section 1C-2 of this Code is subject to the requirements
2 under paragraph (7) of subsection (a) of Section 2-3.71 of
3 this Code.
4 (l) (Blank). Beginning with the 2018-2019 school year, an
5 in-school suspension program provided by a school district for
6 any students in kindergarten through grade 12 may focus on
7 promoting non-violent conflict resolution and positive
8 interaction with other students and school personnel. A school
9 district may employ a school social worker or a licensed
10 mental health professional to oversee an in-school suspension
11 program in kindergarten through grade 12.
12 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
13 102-813, eff. 5-13-22.)
14 (Text of Section after amendment by P.A. 102-466)
15 Sec. 10-22.6. Suspension or expulsion of pupils; school
16 searches.
17 (a) To expel pupils guilty of gross disobedience or
18 misconduct, including gross disobedience or misconduct
19 perpetuated by electronic means, pursuant to subsection (b-20)
20 of this Section, and no action shall lie against them for such
21 expulsion. Expulsion shall take place only after the parents
22 or guardians have been requested to appear at a meeting of the
23 board, or with a hearing officer appointed by it, to discuss
24 their child's behavior. Such request shall be made by
25 registered or certified mail and shall state the time, place
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1 and purpose of the meeting. The board, or a hearing officer
2 appointed by it, at such meeting shall state the reasons for
3 dismissal and the date on which the expulsion is to become
4 effective. If a hearing officer is appointed by the board, he
5 shall report to the board a written summary of the evidence
6 heard at the meeting and the board may take such action thereon
7 as it finds appropriate. If the board acts to expel a pupil,
8 the written expulsion decision shall detail the specific
9 reasons why removing the pupil from the learning environment
10 is in the best interest of the school. The expulsion decision
11 shall also include a rationale as to the specific duration of
12 the expulsion. An expelled pupil may be immediately
13 transferred to an alternative program in the manner provided
14 in Article 13A or 13B of this Code. A pupil must not be denied
15 transfer because of the expulsion, except in cases in which
16 such transfer is deemed to cause a threat to the safety of
17 students or staff in the alternative program.
18 (b) To suspend or by policy to authorize the
19 superintendent of the district or the principal, assistant
20 principal, or dean of students of any school to suspend pupils
21 guilty of gross disobedience or misconduct, or to suspend
22 pupils guilty of gross disobedience or misconduct on the
23 school bus from riding the school bus, pursuant to subsections
24 (b-15) and (b-20) of this Section, and no action shall lie
25 against them for such suspension. The board may by policy
26 authorize the superintendent of the district or the principal,
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1 assistant principal, or dean of students of any school to
2 suspend pupils guilty of such acts for a period not to exceed
3 10 school days. If a pupil is suspended due to gross
4 disobedience or misconduct on a school bus, the board may
5 suspend the pupil in excess of 10 school days for safety
6 reasons.
7 Any suspension shall be reported immediately to the
8 parents or guardians of a pupil along with a full statement of
9 the reasons for such suspension and a notice of their right to
10 a review. The school board must be given a summary of the
11 notice, including the reason for the suspension and the
12 suspension length. Upon request of the parents or guardians,
13 the school board or a hearing officer appointed by it shall
14 review such action of the superintendent or principal,
15 assistant principal, or dean of students. At such review, the
16 parents or guardians of the pupil may appear and discuss the
17 suspension with the board or its hearing officer. If a hearing
18 officer is appointed by the board, he shall report to the board
19 a written summary of the evidence heard at the meeting. After
20 its hearing or upon receipt of the written report of its
21 hearing officer, the board may take such action as it finds
22 appropriate. If a student is suspended pursuant to this
23 subsection (b), the board shall, in the written suspension
24 decision, detail the specific act of gross disobedience or
25 misconduct resulting in the decision to suspend. The
26 suspension decision shall also include a rationale as to the
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1 specific duration of the suspension. A pupil who is suspended
2 in excess of 20 school days may be immediately transferred to
3 an alternative program in the manner provided in Article 13A
4 or 13B of this Code. A pupil must not be denied transfer
5 because of the suspension, except in cases in which such
6 transfer is deemed to cause a threat to the safety of students
7 or staff in the alternative program.
8 (b-5) Among the many possible disciplinary interventions
9 and consequences available to school officials, school
10 exclusions, such as out-of-school suspensions and expulsions,
11 are the most serious. School officials shall limit the number
12 and duration of expulsions and suspensions to the greatest
13 extent practicable, and it is recommended that they use them
14 only for legitimate educational purposes. To ensure that
15 students are not excluded from school unnecessarily, it is
16 recommended that school officials consider forms of
17 non-exclusionary discipline prior to using out-of-school
18 suspensions or expulsions.
19 (b-10) Unless otherwise required by federal law or this
20 Code, school boards may not institute zero-tolerance policies
21 by which school administrators are required to suspend or
22 expel students for particular behaviors.
23 (b-15) Out-of-school suspensions of 3 days or less may be
24 used only if the student's continuing presence in school would
25 pose a threat to school safety or a disruption to other
26 students' learning opportunities. For purposes of this
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1 subsection (b-15), "threat to school safety or a disruption to
2 other students' learning opportunities" shall be determined on
3 a case-by-case basis by the school board or its designee.
4 School officials shall make all reasonable efforts to resolve
5 such threats, address such disruptions, and minimize the
6 length of suspensions to the greatest extent practicable.
7 (b-20) Unless otherwise required by this Code,
8 out-of-school suspensions of longer than 3 days, expulsions,
9 and disciplinary removals to alternative schools may be used
10 only if other appropriate and available behavioral and
11 disciplinary interventions have been exhausted and the
12 student's continuing presence in school would either (i) pose
13 a threat to the safety of other students, staff, or members of
14 the school community or (ii) substantially disrupt, impede, or
15 interfere with the operation of the school. For purposes of
16 this subsection (b-20), "threat to the safety of other
17 students, staff, or members of the school community" and
18 "substantially disrupt, impede, or interfere with the
19 operation of the school" shall be determined on a case-by-case
20 basis by school officials. For purposes of this subsection
21 (b-20), the determination of whether "appropriate and
22 available behavioral and disciplinary interventions have been
23 exhausted" shall be made by school officials. School officials
24 shall make all reasonable efforts to resolve such threats,
25 address such disruptions, and minimize the length of student
26 exclusions to the greatest extent practicable. Within the
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1 suspension decision described in subsection (b) of this
2 Section or the expulsion decision described in subsection (a)
3 of this Section, it shall be documented whether other
4 interventions were attempted or whether it was determined that
5 there were no other appropriate and available interventions.
6 (b-25) Students who are suspended out-of-school for longer
7 than 4 school days shall be provided appropriate and available
8 support services during the period of their suspension. For
9 purposes of this subsection (b-25), "appropriate and available
10 support services" shall be determined by school authorities.
11 Within the suspension decision described in subsection (b) of
12 this Section, it shall be documented whether such services are
13 to be provided or whether it was determined that there are no
14 such appropriate and available services.
15 A school district may refer students who are expelled to
16 appropriate and available support services.
17 A school district shall create a policy to facilitate the
18 re-engagement of students who are suspended out-of-school,
19 expelled, or returning from an alternative school setting.
20 (b-30) A school district shall create a policy by which
21 suspended pupils, including those pupils suspended from the
22 school bus who do not have alternate transportation to school,
23 shall have the opportunity to make up work for equivalent
24 academic credit. It shall be the responsibility of a pupil's
25 parents or guardians to notify school officials that a pupil
26 suspended from the school bus does not have alternate
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1 transportation to school.
2 (b-35) In all suspension review hearings conducted under
3 subsection (b) or expulsion hearings conducted under
4 subsection (a), a student may disclose any factor to be
5 considered in mitigation, including his or her status as a
6 parent, expectant parent, or victim of domestic or sexual
7 violence, as defined in Article 26A. A representative of the
8 parent's or guardian's choice, or of the student's choice if
9 emancipated, must be permitted to represent the student
10 throughout the proceedings and to address the school board or
11 its appointed hearing officer. With the approval of the
12 student's parent or guardian, or of the student if
13 emancipated, a support person must be permitted to accompany
14 the student to any disciplinary hearings or proceedings. The
15 representative or support person must comply with any rules of
16 the school district's hearing process. If the representative
17 or support person violates the rules or engages in behavior or
18 advocacy that harasses, abuses, or intimidates either party, a
19 witness, or anyone else in attendance at the hearing, the
20 representative or support person may be prohibited from
21 further participation in the hearing or proceeding. A
22 suspension or expulsion proceeding under this subsection
23 (b-35) must be conducted independently from any ongoing
24 criminal investigation or proceeding, and an absence of
25 pending or possible criminal charges, criminal investigations,
26 or proceedings may not be a factor in school disciplinary
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1 decisions.
2 (b-40) During a suspension review hearing conducted under
3 subsection (b) or an expulsion hearing conducted under
4 subsection (a) that involves allegations of sexual violence by
5 the student who is subject to discipline, neither the student
6 nor his or her representative shall directly question nor have
7 direct contact with the alleged victim. The student who is
8 subject to discipline or his or her representative may, at the
9 discretion and direction of the school board or its appointed
10 hearing officer, suggest questions to be posed by the school
11 board or its appointed hearing officer to the alleged victim.
12 (c) A school board must invite a representative from a
13 local mental health agency to consult with the board at the
14 meeting whenever there is evidence that mental illness may be
15 the cause of a student's expulsion or suspension.
16 (c-5) School districts shall make reasonable efforts to
17 provide ongoing professional development to teachers,
18 administrators, school board members, school resource
19 officers, and staff on the adverse consequences of school
20 exclusion and justice-system involvement, effective classroom
21 management strategies, culturally responsive discipline, the
22 appropriate and available supportive services for the
23 promotion of student attendance and engagement, and
24 developmentally appropriate disciplinary methods that promote
25 positive and healthy school climates.
26 (d) The board may expel a student for a definite period of
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1 time not to exceed 2 calendar years, as determined on a
2 case-by-case basis. A student who is determined to have
3 brought one of the following objects to school, any
4 school-sponsored activity or event, or any activity or event
5 that bears a reasonable relationship to school shall be
6 expelled for a period of not less than one year:
7 (1) A firearm. For the purposes of this Section,
8 "firearm" means any gun, rifle, shotgun, weapon as defined
9 by Section 921 of Title 18 of the United States Code,
10 firearm as defined in Section 1.1 of the Firearm Owners
11 Identification Card Act, or firearm as defined in Section
12 24-1 of the Criminal Code of 2012. The expulsion period
13 under this subdivision (1) may be modified by the
14 superintendent, and the superintendent's determination may
15 be modified by the board on a case-by-case basis.
16 (2) A knife, brass knuckles or other knuckle weapon
17 regardless of its composition, a billy club, or any other
18 object if used or attempted to be used to cause bodily
19 harm, including "look alikes" of any firearm as defined in
20 subdivision (1) of this subsection (d). The expulsion
21 requirement under this subdivision (2) may be modified by
22 the superintendent, and the superintendent's determination
23 may be modified by the board on a case-by-case basis.
24 Expulsion or suspension shall be construed in a manner
25 consistent with the federal Individuals with Disabilities
26 Education Act. A student who is subject to suspension or
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1 expulsion as provided in this Section may be eligible for a
2 transfer to an alternative school program in accordance with
3 Article 13A of the School Code.
4 (d-5) The board may suspend or by regulation authorize the
5 superintendent of the district or the principal, assistant
6 principal, or dean of students of any school to suspend a
7 student for a period not to exceed 10 school days or may expel
8 a student for a definite period of time not to exceed 2
9 calendar years, as determined on a case-by-case basis, if (i)
10 that student has been determined to have made an explicit
11 threat on an Internet website against a school employee, a
12 student, or any school-related personnel, (ii) the Internet
13 website through which the threat was made is a site that was
14 accessible within the school at the time the threat was made or
15 was available to third parties who worked or studied within
16 the school grounds at the time the threat was made, and (iii)
17 the threat could be reasonably interpreted as threatening to
18 the safety and security of the threatened individual because
19 of his or her duties or employment status or status as a
20 student inside the school.
21 (e) To maintain order and security in the schools, school
22 authorities may inspect and search places and areas such as
23 lockers, desks, parking lots, and other school property and
24 equipment owned or controlled by the school, as well as
25 personal effects left in those places and areas by students,
26 without notice to or the consent of the student, and without a
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1 search warrant. As a matter of public policy, the General
2 Assembly finds that students have no reasonable expectation of
3 privacy in these places and areas or in their personal effects
4 left in these places and areas. School authorities may request
5 the assistance of law enforcement officials for the purpose of
6 conducting inspections and searches of lockers, desks, parking
7 lots, and other school property and equipment owned or
8 controlled by the school for illegal drugs, weapons, or other
9 illegal or dangerous substances or materials, including
10 searches conducted through the use of specially trained dogs.
11 If a search conducted in accordance with this Section produces
12 evidence that the student has violated or is violating either
13 the law, local ordinance, or the school's policies or rules,
14 such evidence may be seized by school authorities, and
15 disciplinary action may be taken. School authorities may also
16 turn over such evidence to law enforcement authorities.
17 (f) Suspension or expulsion may include suspension or
18 expulsion from school and all school activities and a
19 prohibition from being present on school grounds.
20 (g) A school district may adopt a policy providing that if
21 a student is suspended or expelled for any reason from any
22 public or private school in this or any other state, the
23 student must complete the entire term of the suspension or
24 expulsion in an alternative school program under Article 13A
25 of this Code or an alternative learning opportunities program
26 under Article 13B of this Code before being admitted into the
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1 school district if there is no threat to the safety of students
2 or staff in the alternative program. A school district that
3 adopts a policy under this subsection (g) must include a
4 provision allowing for consideration of any mitigating
5 factors, including, but not limited to, a student's status as
6 a parent, expectant parent, or victim of domestic or sexual
7 violence, as defined in Article 26A.
8 (h) School officials shall not advise or encourage
9 students to drop out voluntarily due to behavioral or academic
10 difficulties.
11 (i) A student may not be issued a monetary fine or fee as a
12 disciplinary consequence, though this shall not preclude
13 requiring a student to provide restitution for lost, stolen,
14 or damaged property.
15 (j) Subsections (a) through (i) of this Section shall
16 apply to elementary and secondary schools, charter schools,
17 special charter districts, and school districts organized
18 under Article 34 of this Code.
19 (k) The expulsion of children enrolled in programs funded
20 under Section 1C-2 of this Code is subject to the requirements
21 under paragraph (7) of subsection (a) of Section 2-3.71 of
22 this Code.
23 (l) (Blank). Beginning with the 2018-2019 school year, an
24 in-school suspension program provided by a school district for
25 any students in kindergarten through grade 12 may focus on
26 promoting non-violent conflict resolution and positive
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1 interaction with other students and school personnel. A school
2 district may employ a school social worker or a licensed
3 mental health professional to oversee an in-school suspension
4 program in kindergarten through grade 12.
5 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
6 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
7 (105 ILCS 5/10-22.6c new)
8 Sec. 10-22.6c. Shortened school day or removal of student
9 from school initiated by school personnel; documentation and
10 notice.
11 (a) When a student's school day is reduced by school
12 personnel, including when the student is sent home during the
13 school day, assigned to an in-school suspension, told not to
14 come to school for non-medical reasons, or for other reasons
15 that are not valid causes for absence under this Code,
16 including behaviors that do not rise to the level of gross
17 disobedience or misconduct, such actions by school personnel
18 must be documented, and the student's parent or guardian must
19 be provided a notice in writing describing the action taken
20 and the specific reason or reasons for the action. The
21 documentation and written notice must be made part of the
22 student's temporary school record pursuant to the Illinois
23 School Student Records Act.
24 (b) If a removal is for gross disobedience or misconduct
25 the written notice must comply with Section 22.6.
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1 (c) A shortened school day or removal of a student with a
2 disability initiated by school personnel pursuant to
3 subsection (a) shall also conform with the applicable
4 provisions of the federal Individuals with Disabilities
5 Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the
6 federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.;
7 Article 14 of this Code; and any other applicable federal or
8 State rules, including, but not limited to, 34 CFR 300.530
9 through 300.536.
10 (d) The written notice to the parents or guardian of a
11 student with a disability provided under subsection (a) must
12 inform the parents or guardian of the school district's
13 responsibility to convene a meeting of the student's IEP team
14 or Section 504 plan team to review the student's behavioral
15 intervention plan or to develop such a plan, and of the
16 parent's right to request such a meeting, if the cumulative
17 number of days of removal of the student exceeds 10 in a school
18 year.
19 (105 ILCS 5/10-22.6d new)
20 Sec. 10-22.6d. In-school suspension.
21 (a) In this Section, "in-school suspension" means the
22 temporary removal of a student from the student's regular
23 classroom initiated by school personnel for disciplinary
24 purposes while the student remains under the direct
25 supervision of school personnel.
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1 (b) A school board shall authorize a superintendent of the
2 district or the principal, assistant principal, or dean of
3 students of any school to assign students guilty of gross
4 disobedience or misconduct to in-school suspension, and no
5 action shall lie against them for the in-school suspension.
6 (c) Before assigning a student to in-school suspension,
7 the charges shall be explained to the student, and the student
8 shall be given an opportunity to respond to the charges.
9 (d) Students shall be given the opportunity to complete
10 classroom work during the in-school suspension for equivalent
11 academic credit. An in-school suspension program provided by a
12 school district for any students in kindergarten through grade
13 12 may focus on promoting non-violent conflict resolution and
14 positive interaction with other students and school personnel.
15 A school district may employ a school social worker or a
16 licensed mental health professional to oversee an in-school
17 suspension program in kindergarten through grade 12.
18 (e) The parents or guardians of a student shall be
19 provided with written notice of any in-school suspension,
20 along with a full statement of the reasons for such in-school
21 suspension. If the student is a student with a disability, the
22 written notice shall also state whether the student will
23 receive the instruction and services specified in the
24 student's individualized educational program during the
25 in-school suspension.
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1 Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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