Illinois 2023-2024 Regular Session

Illinois House Bill HB4216 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4216 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 50 ILCS 705/10.2 50 ILCS 705/10.25 new50 ILCS 706/10-15105 ILCS 5/10-20.64105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11105 ILCS 5/22-85105 ILCS 5/22-88105 ILCS 5/26A-20105 ILCS 5/27-23.7105 ILCS 5/34-18.57 Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately. LRB103 32061 AWJ 60995 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4216 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 50 ILCS 705/10.2 50 ILCS 705/10.25 new50 ILCS 706/10-15105 ILCS 5/10-20.64105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11105 ILCS 5/22-85105 ILCS 5/22-88105 ILCS 5/26A-20105 ILCS 5/27-23.7105 ILCS 5/34-18.57 50 ILCS 705/10.2 50 ILCS 705/10.25 new 50 ILCS 706/10-15 105 ILCS 5/10-20.64 105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11 105 ILCS 5/22-85 105 ILCS 5/22-88 105 ILCS 5/26A-20 105 ILCS 5/27-23.7 105 ILCS 5/34-18.57 Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately. LRB103 32061 AWJ 60995 b LRB103 32061 AWJ 60995 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4216 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	50 ILCS 705/10.2 50 ILCS 705/10.25 new50 ILCS 706/10-15105 ILCS 5/10-20.64105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11105 ILCS 5/22-85105 ILCS 5/22-88105 ILCS 5/26A-20105 ILCS 5/27-23.7105 ILCS 5/34-18.57 50 ILCS 705/10.2 50 ILCS 705/10.25 new 50 ILCS 706/10-15 105 ILCS 5/10-20.64 105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11 105 ILCS 5/22-85 105 ILCS 5/22-88 105 ILCS 5/26A-20 105 ILCS 5/27-23.7 105 ILCS 5/34-18.57
4	4	50 ILCS 705/10.2
5	5	50 ILCS 705/10.25 new
6	6	50 ILCS 706/10-15
7	7	105 ILCS 5/10-20.64
8	8	105 ILCS 5/10-20.85 new
9	9	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
10	10	105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11
11	11	105 ILCS 5/22-85
12	12	105 ILCS 5/22-88
13	13	105 ILCS 5/26A-20
14	14	105 ILCS 5/27-23.7
15	15	105 ILCS 5/34-18.57
16	16	Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately.
17	17	LRB103 32061 AWJ 60995 b LRB103 32061 AWJ 60995 b
18	18	LRB103 32061 AWJ 60995 b
19	19	A BILL FOR
20	20	HB4216LRB103 32061 AWJ 60995 b HB4216 LRB103 32061 AWJ 60995 b
21	21	HB4216 LRB103 32061 AWJ 60995 b
22	22	1 AN ACT concerning safety.
23	23	2 Be it enacted by the People of the State of Illinois,
24	24	3 represented in the General Assembly:
25	25	4 Section 5. The Illinois Police Training Act is amended by
26	26	5 changing Section 10.2 and by adding Section 10.25 as follows:
27	27	6 (50 ILCS 705/10.2)
28	28	7 Sec. 10.2. Criminal background investigations.
29	29	8 (a) On and after March 14, 2002 (the effective date of
30	30	9 Public Act 92-533), an applicant for employment as a peace
31	31	10 officer or school safety officer, or for annual certification
32	32	11 as a retired law enforcement officer qualified under federal
33	33	12 law to carry a concealed weapon, shall authorize an
34	34	13 investigation to determine if the applicant has been convicted
35	35	14 of any criminal offense that disqualifies the person as a
36	36	15 peace officer or school safety officer.
37	37	16 (b) No law enforcement agency may knowingly employ a
38	38	17 person, or certify a retired law enforcement officer qualified
39	39	18 under federal law to carry a concealed weapon, unless (i) a
40	40	19 criminal background investigation of that person has been
41	41	20 completed and (ii) that investigation reveals no convictions
42	42	21 of or pleas of guilty to offenses specified in subsection (a)
43	43	22 of Section 6.1 of this Act.
44	44	23 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
45	45
46	46
47	47
48	48	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4216 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
49	49	50 ILCS 705/10.2 50 ILCS 705/10.25 new50 ILCS 706/10-15105 ILCS 5/10-20.64105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11105 ILCS 5/22-85105 ILCS 5/22-88105 ILCS 5/26A-20105 ILCS 5/27-23.7105 ILCS 5/34-18.57 50 ILCS 705/10.2 50 ILCS 705/10.25 new 50 ILCS 706/10-15 105 ILCS 5/10-20.64 105 ILCS 5/10-20.85 new 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11 105 ILCS 5/22-85 105 ILCS 5/22-88 105 ILCS 5/26A-20 105 ILCS 5/27-23.7 105 ILCS 5/34-18.57
50	50	50 ILCS 705/10.2
51	51	50 ILCS 705/10.25 new
52	52	50 ILCS 706/10-15
53	53	105 ILCS 5/10-20.64
54	54	105 ILCS 5/10-20.85 new
55	55	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
56	56	105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11
57	57	105 ILCS 5/22-85
58	58	105 ILCS 5/22-88
59	59	105 ILCS 5/26A-20
60	60	105 ILCS 5/27-23.7
61	61	105 ILCS 5/34-18.57
62	62	Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately.
63	63	LRB103 32061 AWJ 60995 b LRB103 32061 AWJ 60995 b
64	64	LRB103 32061 AWJ 60995 b
65	65	A BILL FOR
66	66
67	67
68	68
69	69
70	70
71	71	50 ILCS 705/10.2
72	72	50 ILCS 705/10.25 new
73	73	50 ILCS 706/10-15
74	74	105 ILCS 5/10-20.64
75	75	105 ILCS 5/10-20.85 new
76	76	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
77	77	105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11
78	78	105 ILCS 5/22-85
79	79	105 ILCS 5/22-88
80	80	105 ILCS 5/26A-20
81	81	105 ILCS 5/27-23.7
82	82	105 ILCS 5/34-18.57
83	83
84	84
85	85
86	86	LRB103 32061 AWJ 60995 b
87	87
88	88
89	89
90	90
91	91
92	92
93	93
94	94
95	95
96	96	HB4216 LRB103 32061 AWJ 60995 b
97	97
98	98
99	99	HB4216- 2 -LRB103 32061 AWJ 60995 b HB4216 - 2 - LRB103 32061 AWJ 60995 b
100	100	HB4216 - 2 - LRB103 32061 AWJ 60995 b
101	101	1 102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
102	102	2 (50 ILCS 705/10.25 new)
103	103	3 Sec. 10.25. School safety officers.
104	104	4 (a) The Board shall develop a course for school safety
105	105	5 officers, as defined in Section 10-20.85 of the School Code.
106	106	6 (b) The school safety officer course shall be developed
107	107	7 within one year after the effective date of this amendatory
108	108	8 Act of the 103rd General Assembly and shall be created in
109	109	9 consultation with organizations demonstrating expertise and or
110	110	10 experience in the areas of youth and adolescent developmental
111	111	11 issues, educational administrative issues, prevention of child
112	112	12 abuse and exploitation, youth mental health treatment, and
113	113	13 juvenile advocacy.
114	114	14 Training shall include de-escalation, use of force, mental
115	115	15 health awareness and response, officer wellness, reporting
116	116	16 child abuse and neglect, and cultural competency. The training
117	117	17 shall also include a separate firearm certification course.
118	118	18 (c) The Board shall develop a process allowing school
119	119	19 boards to request a waiver of this training requirement,
120	120	20 except for the firearm certification course, for an individual
121	121	21 who would be assigned as a school safety officer. Applications
122	122	22 for these waivers may be submitted by a school board for any
123	123	23 officer whose prior training and experience may qualify for a
124	124	24 waiver of the training requirement of this subsection. The
125	125	25 Board may issue a waiver at its discretion, based solely on the
126	126
127	127
128	128
129	129
130	130
131	131	HB4216 - 2 - LRB103 32061 AWJ 60995 b
132	132
133	133
134	134	HB4216- 3 -LRB103 32061 AWJ 60995 b HB4216 - 3 - LRB103 32061 AWJ 60995 b
135	135	HB4216 - 3 - LRB103 32061 AWJ 60995 b
136	136	1 prior training and experience of an officer.
137	137	2 (d) Upon completion, the school board shall be issued a
138	138	3 certificate attesting to a specific officer's completion of
139	139	4 the school safety officer training and a separate
140	140	5 certification for completion of the firearm certification
141	141	6 course. Additionally, a letter of approval shall be issued to
142	142	7 the school board for any officer who is approved for a training
143	143	8 waiver under this subsection.
144	144	9 (e) The Board may adopt rules to implement this Section.
145	145	10 Section 10. The Law Enforcement Officer-Worn Body Camera
146	146	11 Act is amended by changing Section 10-15 as follows:
147	147	12 (50 ILCS 706/10-15)
148	148	13 Sec. 10-15. Applicability.
149	149	14 (a) All law enforcement agencies must employ the use of
150	150	15 officer-worn body cameras in accordance with the provisions of
151	151	16 this Act, whether or not the agency receives or has received
152	152	17 monies from the Law Enforcement Camera Grant Fund.
153	153	18 (b) Except as provided in subsection (b-5), all law
154	154	19 enforcement agencies must implement the use of body cameras
155	155	20 for all law enforcement officers, according to the following
156	156	21 schedule:
157	157	22 (1) for municipalities and counties with populations
158	158	23 of 500,000 or more, body cameras shall be implemented by
159	159	24 January 1, 2022;
160	160
161	161
162	162
163	163
164	164
165	165	HB4216 - 3 - LRB103 32061 AWJ 60995 b
166	166
167	167
168	168	HB4216- 4 -LRB103 32061 AWJ 60995 b HB4216 - 4 - LRB103 32061 AWJ 60995 b
169	169	HB4216 - 4 - LRB103 32061 AWJ 60995 b
170	170	1 (2) for municipalities and counties with populations
171	171	2 of 100,000 or more but under 500,000, body cameras shall
172	172	3 be implemented by January 1, 2023;
173	173	4 (3) for municipalities and counties with populations
174	174	5 of 50,000 or more but under 100,000, body cameras shall be
175	175	6 implemented by January 1, 2024;
176	176	7 (4) for municipalities and counties under 50,000, body
177	177	8 cameras shall be implemented by January 1, 2025; and
178	178	9 (5) for all State agencies with law enforcement
179	179	10 officers and other remaining law enforcement agencies,
180	180	11 body cameras shall be implemented by January 1, 2025.
181	181	12 (b-5) If a law enforcement agency that serves a
182	182	13 municipality with a population of at least 100,000 but not
183	183	14 more than 500,000 or a law enforcement agency that serves a
184	184	15 county with a population of at least 100,000 but not more than
185	185	16 500,000 has ordered by October 1, 2022 or purchased by that
186	186	17 date officer-worn body cameras for use by the law enforcement
187	187	18 agency, then the law enforcement agency may implement the use
188	188	19 of body cameras for all of its law enforcement officers by no
189	189	20 later than July 1, 2023. Records of purchase within this
190	190	21 timeline shall be submitted to the Illinois Law Enforcement
191	191	22 Training Standards Board by January 1, 2023.
192	192	23 (c) A law enforcement agency's compliance with the
193	193	24 requirements under this Section shall receive preference by
194	194	25 the Illinois Law Enforcement Training Standards Board in
195	195	26 awarding grant funding under the Law Enforcement Camera Grant
196	196
197	197
198	198
199	199
200	200
201	201	HB4216 - 4 - LRB103 32061 AWJ 60995 b
202	202
203	203
204	204	HB4216- 5 -LRB103 32061 AWJ 60995 b HB4216 - 5 - LRB103 32061 AWJ 60995 b
205	205	HB4216 - 5 - LRB103 32061 AWJ 60995 b
206	206	1 Act.
207	207	2 (d) This Section does not apply to court security
208	208	3 officers, State's Attorney investigators, and Attorney General
209	209	4 investigators. This Section does not apply to a school safety
210	210	5 officer if a school board does not require the officer to wear
211	211	6 an officer-worn body camera.
212	212	7 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
213	213	8 102-1104, eff. 12-6-22.)
214	214	9 Section 15. The School Code is amended by changing
215	215	10 Sections 10-20.64, 10-22.6, 17-2.11, 22-85, 22-88, 26A-20,
216	216	11 27-23.7, and 34-18.57 and by adding Section 10-20.85 as
217	217	12 follows:
218	218	13 (105 ILCS 5/10-20.64)
219	219	14 Sec. 10-20.64. Booking stations on school grounds.
220	220	15 (a) There shall be no student booking station established
221	221	16 or maintained on the grounds of any school.
222	222	17 (b) This prohibition shall be applied to student booking
223	223	18 stations only, as defined in this Section. The prohibition
224	224	19 does not prohibit or affect the establishment or maintenance
225	225	20 of any place operated by or under the control of law
226	226	21 enforcement personnel, school resource officers, school safety
227	227	22 officers, or other security personnel that does not also
228	228	23 qualify as a student booking station as defined in paragraph
229	229	24 (2) of subsection (d) of this Section. The prohibition does
230	230
231	231
232	232
233	233
234	234
235	235	HB4216 - 5 - LRB103 32061 AWJ 60995 b
236	236
237	237
238	238	HB4216- 6 -LRB103 32061 AWJ 60995 b HB4216 - 6 - LRB103 32061 AWJ 60995 b
239	239	HB4216 - 6 - LRB103 32061 AWJ 60995 b
240	240	1 not affect or limit the powers afforded law enforcement
241	241	2 officers to perform their duties within schools as otherwise
242	242	3 prescribed by law.
243	243	4 (c) When the underlying suspected or alleged criminal act
244	244	5 is an act of violence, and isolation of a student or students
245	245	6 is deemed necessary to the interest of public safety, and no
246	246	7 other location is adequate for secure isolation of the student
247	247	8 or students, offices as described in paragraph (1) of
248	248	9 subsection (d) of this Section may be employed to detain
249	249	10 students for a period no longer than that required to
250	250	11 alleviate that threat to public safety.
251	251	12 (d) As used in this Section, "student booking station"
252	252	13 means a building, office, room, or any indefinitely
253	253	14 established space or site, mobile or fixed, which operates
254	254	15 concurrently as:
255	255	16 (1) predominantly or regularly a place of operation
256	256	17 for a municipal police department, county sheriff
257	257	18 department, or other law enforcement agency, or under the
258	258	19 primary control thereof; and
259	259	20 (2) a site at which students are detained in
260	260	21 connection with criminal charges or allegations against
261	261	22 those students, taken into custody, or engaged with law
262	262	23 enforcement personnel in any process that creates a law
263	263	24 enforcement record of that contact with law enforcement
264	264	25 personnel or processes.
265	265	26 (Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
266	266
267	267
268	268
269	269
270	270
271	271	HB4216 - 6 - LRB103 32061 AWJ 60995 b
272	272
273	273
274	274	HB4216- 7 -LRB103 32061 AWJ 60995 b HB4216 - 7 - LRB103 32061 AWJ 60995 b
275	275	HB4216 - 7 - LRB103 32061 AWJ 60995 b
276	276	1 (105 ILCS 5/10-20.85 new)
277	277	2 Sec. 10-20.85. School safety officers.
278	278	3 (a) In this Section, "school safety officer" means a
279	279	4 retired law enforcement officer who has been hired by a school
280	280	5 district to perform security services.
281	281	6 (b) Beginning January 1, 2025, a school district may
282	282	7 employ a school safety officer with jurisdiction only on
283	283	8 school grounds. Prior to beginning employment, the school
284	284	9 safety officer must provide the school district a certificate
285	285	10 of completion or approved waiver issued by the Illinois Law
286	286	11 Enforcement Training Standards Board under Section 10.25 of
287	287	12 the Illinois Police Training Act.
288	288	13 (c) A school safety officer shall wear a uniform that
289	289	14 clearly identifies the officer as a school safety officer. A
290	290	15 school district may issue a badge for school safety officers,
291	291	16 but the badge must clearly state that the individual is a
292	292	17 school safety officer and indicate the school to which the
293	293	18 officer is assigned.
294	294	19 (d) A school safety officer may detain a person when the
295	295	20 officer has reasonable suspicion to believe that an offense,
296	296	21 other than an ordinance violation, is being committed and
297	297	22 until an arrest by a law enforcement agency or administrative
298	298	23 action by the school.
299	299	24 (e) A school safety officer may carry a firearm as long as
300	300	25 the officer received firearm certification under Section 10.25
301	301
302	302
303	303
304	304
305	305
306	306	HB4216 - 7 - LRB103 32061 AWJ 60995 b
307	307
308	308
309	309	HB4216- 8 -LRB103 32061 AWJ 60995 b HB4216 - 8 - LRB103 32061 AWJ 60995 b
310	310	HB4216 - 8 - LRB103 32061 AWJ 60995 b
311	311	1 of the Illinois Police Training Act.
312	312	2 (f) A school board may require a school safety officer to
313	313	3 wear an officer-worn body camera when on duty.
314	314	4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
315	315	5 (Text of Section before amendment by P.A. 102-466)
316	316	6 Sec. 10-22.6. Suspension or expulsion of pupils; school
317	317	7 searches.
318	318	8 (a) To expel pupils guilty of gross disobedience or
319	319	9 misconduct, including gross disobedience or misconduct
320	320	10 perpetuated by electronic means, pursuant to subsection (b-20)
321	321	11 of this Section, and no action shall lie against them for such
322	322	12 expulsion. Expulsion shall take place only after the parents
323	323	13 have been requested to appear at a meeting of the board, or
324	324	14 with a hearing officer appointed by it, to discuss their
325	325	15 child's behavior. Such request shall be made by registered or
326	326	16 certified mail and shall state the time, place and purpose of
327	327	17 the meeting. The board, or a hearing officer appointed by it,
328	328	18 at such meeting shall state the reasons for dismissal and the
329	329	19 date on which the expulsion is to become effective. If a
330	330	20 hearing officer is appointed by the board, he shall report to
331	331	21 the board a written summary of the evidence heard at the
332	332	22 meeting and the board may take such action thereon as it finds
333	333	23 appropriate. If the board acts to expel a pupil, the written
334	334	24 expulsion decision shall detail the specific reasons why
335	335	25 removing the pupil from the learning environment is in the
336	336
337	337
338	338
339	339
340	340
341	341	HB4216 - 8 - LRB103 32061 AWJ 60995 b
342	342
343	343
344	344	HB4216- 9 -LRB103 32061 AWJ 60995 b HB4216 - 9 - LRB103 32061 AWJ 60995 b
345	345	HB4216 - 9 - LRB103 32061 AWJ 60995 b
346	346	1 best interest of the school. The expulsion decision shall also
347	347	2 include a rationale as to the specific duration of the
348	348	3 expulsion. An expelled pupil may be immediately transferred to
349	349	4 an alternative program in the manner provided in Article 13A
350	350	5 or 13B of this Code. A pupil must not be denied transfer
351	351	6 because of the expulsion, except in cases in which such
352	352	7 transfer is deemed to cause a threat to the safety of students
353	353	8 or staff in the alternative program.
354	354	9 (b) To suspend or by policy to authorize the
355	355	10 superintendent of the district or the principal, assistant
356	356	11 principal, or dean of students of any school to suspend pupils
357	357	12 guilty of gross disobedience or misconduct, or to suspend
358	358	13 pupils guilty of gross disobedience or misconduct on the
359	359	14 school bus from riding the school bus, pursuant to subsections
360	360	15 (b-15) and (b-20) of this Section, and no action shall lie
361	361	16 against them for such suspension. The board may by policy
362	362	17 authorize the superintendent of the district or the principal,
363	363	18 assistant principal, or dean of students of any school to
364	364	19 suspend pupils guilty of such acts for a period not to exceed
365	365	20 10 school days. If a pupil is suspended due to gross
366	366	21 disobedience or misconduct on a school bus, the board may
367	367	22 suspend the pupil in excess of 10 school days for safety
368	368	23 reasons.
369	369	24 Any suspension shall be reported immediately to the
370	370	25 parents or guardian of a pupil along with a full statement of
371	371	26 the reasons for such suspension and a notice of their right to
372	372
373	373
374	374
375	375
376	376
377	377	HB4216 - 9 - LRB103 32061 AWJ 60995 b
378	378
379	379
380	380	HB4216- 10 -LRB103 32061 AWJ 60995 b HB4216 - 10 - LRB103 32061 AWJ 60995 b
381	381	HB4216 - 10 - LRB103 32061 AWJ 60995 b
382	382	1 a review. The school board must be given a summary of the
383	383	2 notice, including the reason for the suspension and the
384	384	3 suspension length. Upon request of the parents or guardian,
385	385	4 the school board or a hearing officer appointed by it shall
386	386	5 review such action of the superintendent or principal,
387	387	6 assistant principal, or dean of students. At such review, the
388	388	7 parents or guardian of the pupil may appear and discuss the
389	389	8 suspension with the board or its hearing officer. If a hearing
390	390	9 officer is appointed by the board, he shall report to the board
391	391	10 a written summary of the evidence heard at the meeting. After
392	392	11 its hearing or upon receipt of the written report of its
393	393	12 hearing officer, the board may take such action as it finds
394	394	13 appropriate. If a student is suspended pursuant to this
395	395	14 subsection (b), the board shall, in the written suspension
396	396	15 decision, detail the specific act of gross disobedience or
397	397	16 misconduct resulting in the decision to suspend. The
398	398	17 suspension decision shall also include a rationale as to the
399	399	18 specific duration of the suspension. A pupil who is suspended
400	400	19 in excess of 20 school days may be immediately transferred to
401	401	20 an alternative program in the manner provided in Article 13A
402	402	21 or 13B of this Code. A pupil must not be denied transfer
403	403	22 because of the suspension, except in cases in which such
404	404	23 transfer is deemed to cause a threat to the safety of students
405	405	24 or staff in the alternative program.
406	406	25 (b-5) Among the many possible disciplinary interventions
407	407	26 and consequences available to school officials, school
408	408
409	409
410	410
411	411
412	412
413	413	HB4216 - 10 - LRB103 32061 AWJ 60995 b
414	414
415	415
416	416	HB4216- 11 -LRB103 32061 AWJ 60995 b HB4216 - 11 - LRB103 32061 AWJ 60995 b
417	417	HB4216 - 11 - LRB103 32061 AWJ 60995 b
418	418	1 exclusions, such as out-of-school suspensions and expulsions,
419	419	2 are the most serious. School officials shall limit the number
420	420	3 and duration of expulsions and suspensions to the greatest
421	421	4 extent practicable, and it is recommended that they use them
422	422	5 only for legitimate educational purposes. To ensure that
423	423	6 students are not excluded from school unnecessarily, it is
424	424	7 recommended that school officials consider forms of
425	425	8 non-exclusionary discipline prior to using out-of-school
426	426	9 suspensions or expulsions.
427	427	10 (b-10) Unless otherwise required by federal law or this
428	428	11 Code, school boards may not institute zero-tolerance policies
429	429	12 by which school administrators are required to suspend or
430	430	13 expel students for particular behaviors.
431	431	14 (b-15) Out-of-school suspensions of 3 days or less may be
432	432	15 used only if the student's continuing presence in school would
433	433	16 pose a threat to school safety or a disruption to other
434	434	17 students' learning opportunities. For purposes of this
435	435	18 subsection (b-15), "threat to school safety or a disruption to
436	436	19 other students' learning opportunities" shall be determined on
437	437	20 a case-by-case basis by the school board or its designee.
438	438	21 School officials shall make all reasonable efforts to resolve
439	439	22 such threats, address such disruptions, and minimize the
440	440	23 length of suspensions to the greatest extent practicable.
441	441	24 (b-20) Unless otherwise required by this Code,
442	442	25 out-of-school suspensions of longer than 3 days, expulsions,
443	443	26 and disciplinary removals to alternative schools may be used
444	444
445	445
446	446
447	447
448	448
449	449	HB4216 - 11 - LRB103 32061 AWJ 60995 b
450	450
451	451
452	452	HB4216- 12 -LRB103 32061 AWJ 60995 b HB4216 - 12 - LRB103 32061 AWJ 60995 b
453	453	HB4216 - 12 - LRB103 32061 AWJ 60995 b
454	454	1 only if other appropriate and available behavioral and
455	455	2 disciplinary interventions have been exhausted and the
456	456	3 student's continuing presence in school would either (i) pose
457	457	4 a threat to the safety of other students, staff, or members of
458	458	5 the school community or (ii) substantially disrupt, impede, or
459	459	6 interfere with the operation of the school. For purposes of
460	460	7 this subsection (b-20), "threat to the safety of other
461	461	8 students, staff, or members of the school community" and
462	462	9 "substantially disrupt, impede, or interfere with the
463	463	10 operation of the school" shall be determined on a case-by-case
464	464	11 basis by school officials. For purposes of this subsection
465	465	12 (b-20), the determination of whether "appropriate and
466	466	13 available behavioral and disciplinary interventions have been
467	467	14 exhausted" shall be made by school officials. School officials
468	468	15 shall make all reasonable efforts to resolve such threats,
469	469	16 address such disruptions, and minimize the length of student
470	470	17 exclusions to the greatest extent practicable. Within the
471	471	18 suspension decision described in subsection (b) of this
472	472	19 Section or the expulsion decision described in subsection (a)
473	473	20 of this Section, it shall be documented whether other
474	474	21 interventions were attempted or whether it was determined that
475	475	22 there were no other appropriate and available interventions.
476	476	23 (b-25) Students who are suspended out-of-school for longer
477	477	24 than 4 school days shall be provided appropriate and available
478	478	25 support services during the period of their suspension. For
479	479	26 purposes of this subsection (b-25), "appropriate and available
480	480
481	481
482	482
483	483
484	484
485	485	HB4216 - 12 - LRB103 32061 AWJ 60995 b
486	486
487	487
488	488	HB4216- 13 -LRB103 32061 AWJ 60995 b HB4216 - 13 - LRB103 32061 AWJ 60995 b
489	489	HB4216 - 13 - LRB103 32061 AWJ 60995 b
490	490	1 support services" shall be determined by school authorities.
491	491	2 Within the suspension decision described in subsection (b) of
492	492	3 this Section, it shall be documented whether such services are
493	493	4 to be provided or whether it was determined that there are no
494	494	5 such appropriate and available services.
495	495	6 A school district may refer students who are expelled to
496	496	7 appropriate and available support services.
497	497	8 A school district shall create a policy to facilitate the
498	498	9 re-engagement of students who are suspended out-of-school,
499	499	10 expelled, or returning from an alternative school setting.
500	500	11 (b-30) A school district shall create a policy by which
501	501	12 suspended pupils, including those pupils suspended from the
502	502	13 school bus who do not have alternate transportation to school,
503	503	14 shall have the opportunity to make up work for equivalent
504	504	15 academic credit. It shall be the responsibility of a pupil's
505	505	16 parent or guardian to notify school officials that a pupil
506	506	17 suspended from the school bus does not have alternate
507	507	18 transportation to school.
508	508	19 (c) A school board must invite a representative from a
509	509	20 local mental health agency to consult with the board at the
510	510	21 meeting whenever there is evidence that mental illness may be
511	511	22 the cause of a student's expulsion or suspension.
512	512	23 (c-5) School districts shall make reasonable efforts to
513	513	24 provide ongoing professional development to teachers,
514	514	25 administrators, school board members, school resource
515	515	26 officers, school safety officers, and staff on the adverse
516	516
517	517
518	518
519	519
520	520
521	521	HB4216 - 13 - LRB103 32061 AWJ 60995 b
522	522
523	523
524	524	HB4216- 14 -LRB103 32061 AWJ 60995 b HB4216 - 14 - LRB103 32061 AWJ 60995 b
525	525	HB4216 - 14 - LRB103 32061 AWJ 60995 b
526	526	1 consequences of school exclusion and justice-system
527	527	2 involvement, effective classroom management strategies,
528	528	3 culturally responsive discipline, the appropriate and
529	529	4 available supportive services for the promotion of student
530	530	5 attendance and engagement, and developmentally appropriate
531	531	6 disciplinary methods that promote positive and healthy school
532	532	7 climates.
533	533	8 (d) The board may expel a student for a definite period of
534	534	9 time not to exceed 2 calendar years, as determined on a
535	535	10 case-by-case basis. A student who is determined to have
536	536	11 brought one of the following objects to school, any
537	537	12 school-sponsored activity or event, or any activity or event
538	538	13 that bears a reasonable relationship to school shall be
539	539	14 expelled for a period of not less than one year:
540	540	15 (1) A firearm. For the purposes of this Section,
541	541	16 "firearm" means any gun, rifle, shotgun, weapon as defined
542	542	17 by Section 921 of Title 18 of the United States Code,
543	543	18 firearm as defined in Section 1.1 of the Firearm Owners
544	544	19 Identification Card Act, or firearm as defined in Section
545	545	20 24-1 of the Criminal Code of 2012. The expulsion period
546	546	21 under this subdivision (1) may be modified by the
547	547	22 superintendent, and the superintendent's determination may
548	548	23 be modified by the board on a case-by-case basis.
549	549	24 (2) A knife, brass knuckles or other knuckle weapon
550	550	25 regardless of its composition, a billy club, or any other
551	551	26 object if used or attempted to be used to cause bodily
552	552
553	553
554	554
555	555
556	556
557	557	HB4216 - 14 - LRB103 32061 AWJ 60995 b
558	558
559	559
560	560	HB4216- 15 -LRB103 32061 AWJ 60995 b HB4216 - 15 - LRB103 32061 AWJ 60995 b
561	561	HB4216 - 15 - LRB103 32061 AWJ 60995 b
562	562	1 harm, including "look alikes" of any firearm as defined in
563	563	2 subdivision (1) of this subsection (d). The expulsion
564	564	3 requirement under this subdivision (2) may be modified by
565	565	4 the superintendent, and the superintendent's determination
566	566	5 may be modified by the board on a case-by-case basis.
567	567	6 Expulsion or suspension shall be construed in a manner
568	568	7 consistent with the federal Individuals with Disabilities
569	569	8 Education Act. A student who is subject to suspension or
570	570	9 expulsion as provided in this Section may be eligible for a
571	571	10 transfer to an alternative school program in accordance with
572	572	11 Article 13A of the School Code.
573	573	12 (d-5) The board may suspend or by regulation authorize the
574	574	13 superintendent of the district or the principal, assistant
575	575	14 principal, or dean of students of any school to suspend a
576	576	15 student for a period not to exceed 10 school days or may expel
577	577	16 a student for a definite period of time not to exceed 2
578	578	17 calendar years, as determined on a case-by-case basis, if (i)
579	579	18 that student has been determined to have made an explicit
580	580	19 threat on an Internet website against a school employee, a
581	581	20 student, or any school-related personnel, (ii) the Internet
582	582	21 website through which the threat was made is a site that was
583	583	22 accessible within the school at the time the threat was made or
584	584	23 was available to third parties who worked or studied within
585	585	24 the school grounds at the time the threat was made, and (iii)
586	586	25 the threat could be reasonably interpreted as threatening to
587	587	26 the safety and security of the threatened individual because
588	588
589	589
590	590
591	591
592	592
593	593	HB4216 - 15 - LRB103 32061 AWJ 60995 b
594	594
595	595
596	596	HB4216- 16 -LRB103 32061 AWJ 60995 b HB4216 - 16 - LRB103 32061 AWJ 60995 b
597	597	HB4216 - 16 - LRB103 32061 AWJ 60995 b
598	598	1 of his or her duties or employment status or status as a
599	599	2 student inside the school.
600	600	3 (e) To maintain order and security in the schools, school
601	601	4 authorities may inspect and search places and areas such as
602	602	5 lockers, desks, parking lots, and other school property and
603	603	6 equipment owned or controlled by the school, as well as
604	604	7 personal effects left in those places and areas by students,
605	605	8 without notice to or the consent of the student, and without a
606	606	9 search warrant. As a matter of public policy, the General
607	607	10 Assembly finds that students have no reasonable expectation of
608	608	11 privacy in these places and areas or in their personal effects
609	609	12 left in these places and areas. School authorities may request
610	610	13 the assistance of law enforcement officials for the purpose of
611	611	14 conducting inspections and searches of lockers, desks, parking
612	612	15 lots, and other school property and equipment owned or
613	613	16 controlled by the school for illegal drugs, weapons, or other
614	614	17 illegal or dangerous substances or materials, including
615	615	18 searches conducted through the use of specially trained dogs.
616	616	19 If a search conducted in accordance with this Section produces
617	617	20 evidence that the student has violated or is violating either
618	618	21 the law, local ordinance, or the school's policies or rules,
619	619	22 such evidence may be seized by school authorities, and
620	620	23 disciplinary action may be taken. School authorities may also
621	621	24 turn over such evidence to law enforcement authorities.
622	622	25 (f) Suspension or expulsion may include suspension or
623	623	26 expulsion from school and all school activities and a
624	624
625	625
626	626
627	627
628	628
629	629	HB4216 - 16 - LRB103 32061 AWJ 60995 b
630	630
631	631
632	632	HB4216- 17 -LRB103 32061 AWJ 60995 b HB4216 - 17 - LRB103 32061 AWJ 60995 b
633	633	HB4216 - 17 - LRB103 32061 AWJ 60995 b
634	634	1 prohibition from being present on school grounds.
635	635	2 (g) A school district may adopt a policy providing that if
636	636	3 a student is suspended or expelled for any reason from any
637	637	4 public or private school in this or any other state, the
638	638	5 student must complete the entire term of the suspension or
639	639	6 expulsion in an alternative school program under Article 13A
640	640	7 of this Code or an alternative learning opportunities program
641	641	8 under Article 13B of this Code before being admitted into the
642	642	9 school district if there is no threat to the safety of students
643	643	10 or staff in the alternative program.
644	644	11 (h) School officials shall not advise or encourage
645	645	12 students to drop out voluntarily due to behavioral or academic
646	646	13 difficulties.
647	647	14 (i) A student may not be issued a monetary fine or fee as a
648	648	15 disciplinary consequence, though this shall not preclude
649	649	16 requiring a student to provide restitution for lost, stolen,
650	650	17 or damaged property.
651	651	18 (j) Subsections (a) through (i) of this Section shall
652	652	19 apply to elementary and secondary schools, charter schools,
653	653	20 special charter districts, and school districts organized
654	654	21 under Article 34 of this Code.
655	655	22 (k) The expulsion of children enrolled in programs funded
656	656	23 under Section 1C-2 of this Code is subject to the requirements
657	657	24 under paragraph (7) of subsection (a) of Section 2-3.71 of
658	658	25 this Code.
659	659	26 (l) Beginning with the 2018-2019 school year, an in-school
660	660
661	661
662	662
663	663
664	664
665	665	HB4216 - 17 - LRB103 32061 AWJ 60995 b
666	666
667	667
668	668	HB4216- 18 -LRB103 32061 AWJ 60995 b HB4216 - 18 - LRB103 32061 AWJ 60995 b
669	669	HB4216 - 18 - LRB103 32061 AWJ 60995 b
670	670	1 suspension program provided by a school district for any
671	671	2 students in kindergarten through grade 12 may focus on
672	672	3 promoting non-violent conflict resolution and positive
673	673	4 interaction with other students and school personnel. A school
674	674	5 district may employ a school social worker or a licensed
675	675	6 mental health professional to oversee an in-school suspension
676	676	7 program in kindergarten through grade 12.
677	677	8 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
678	678	9 102-813, eff. 5-13-22.)
679	679	10 (Text of Section after amendment by P.A. 102-466)
680	680	11 Sec. 10-22.6. Suspension or expulsion of pupils; school
681	681	12 searches.
682	682	13 (a) To expel pupils guilty of gross disobedience or
683	683	14 misconduct, including gross disobedience or misconduct
684	684	15 perpetuated by electronic means, pursuant to subsection (b-20)
685	685	16 of this Section, and no action shall lie against them for such
686	686	17 expulsion. Expulsion shall take place only after the parents
687	687	18 or guardians have been requested to appear at a meeting of the
688	688	19 board, or with a hearing officer appointed by it, to discuss
689	689	20 their child's behavior. Such request shall be made by
690	690	21 registered or certified mail and shall state the time, place
691	691	22 and purpose of the meeting. The board, or a hearing officer
692	692	23 appointed by it, at such meeting shall state the reasons for
693	693	24 dismissal and the date on which the expulsion is to become
694	694	25 effective. If a hearing officer is appointed by the board, he
695	695
696	696
697	697
698	698
699	699
700	700	HB4216 - 18 - LRB103 32061 AWJ 60995 b
701	701
702	702
703	703	HB4216- 19 -LRB103 32061 AWJ 60995 b HB4216 - 19 - LRB103 32061 AWJ 60995 b
704	704	HB4216 - 19 - LRB103 32061 AWJ 60995 b
705	705	1 shall report to the board a written summary of the evidence
706	706	2 heard at the meeting and the board may take such action thereon
707	707	3 as it finds appropriate. If the board acts to expel a pupil,
708	708	4 the written expulsion decision shall detail the specific
709	709	5 reasons why removing the pupil from the learning environment
710	710	6 is in the best interest of the school. The expulsion decision
711	711	7 shall also include a rationale as to the specific duration of
712	712	8 the expulsion. An expelled pupil may be immediately
713	713	9 transferred to an alternative program in the manner provided
714	714	10 in Article 13A or 13B of this Code. A pupil must not be denied
715	715	11 transfer because of the expulsion, except in cases in which
716	716	12 such transfer is deemed to cause a threat to the safety of
717	717	13 students or staff in the alternative program.
718	718	14 (b) To suspend or by policy to authorize the
719	719	15 superintendent of the district or the principal, assistant
720	720	16 principal, or dean of students of any school to suspend pupils
721	721	17 guilty of gross disobedience or misconduct, or to suspend
722	722	18 pupils guilty of gross disobedience or misconduct on the
723	723	19 school bus from riding the school bus, pursuant to subsections
724	724	20 (b-15) and (b-20) of this Section, and no action shall lie
725	725	21 against them for such suspension. The board may by policy
726	726	22 authorize the superintendent of the district or the principal,
727	727	23 assistant principal, or dean of students of any school to
728	728	24 suspend pupils guilty of such acts for a period not to exceed
729	729	25 10 school days. If a pupil is suspended due to gross
730	730	26 disobedience or misconduct on a school bus, the board may
731	731
732	732
733	733
734	734
735	735
736	736	HB4216 - 19 - LRB103 32061 AWJ 60995 b
737	737
738	738
739	739	HB4216- 20 -LRB103 32061 AWJ 60995 b HB4216 - 20 - LRB103 32061 AWJ 60995 b
740	740	HB4216 - 20 - LRB103 32061 AWJ 60995 b
741	741	1 suspend the pupil in excess of 10 school days for safety
742	742	2 reasons.
743	743	3 Any suspension shall be reported immediately to the
744	744	4 parents or guardians of a pupil along with a full statement of
745	745	5 the reasons for such suspension and a notice of their right to
746	746	6 a review. The school board must be given a summary of the
747	747	7 notice, including the reason for the suspension and the
748	748	8 suspension length. Upon request of the parents or guardians,
749	749	9 the school board or a hearing officer appointed by it shall
750	750	10 review such action of the superintendent or principal,
751	751	11 assistant principal, or dean of students. At such review, the
752	752	12 parents or guardians of the pupil may appear and discuss the
753	753	13 suspension with the board or its hearing officer. If a hearing
754	754	14 officer is appointed by the board, he shall report to the board
755	755	15 a written summary of the evidence heard at the meeting. After
756	756	16 its hearing or upon receipt of the written report of its
757	757	17 hearing officer, the board may take such action as it finds
758	758	18 appropriate. If a student is suspended pursuant to this
759	759	19 subsection (b), the board shall, in the written suspension
760	760	20 decision, detail the specific act of gross disobedience or
761	761	21 misconduct resulting in the decision to suspend. The
762	762	22 suspension decision shall also include a rationale as to the
763	763	23 specific duration of the suspension. A pupil who is suspended
764	764	24 in excess of 20 school days may be immediately transferred to
765	765	25 an alternative program in the manner provided in Article 13A
766	766	26 or 13B of this Code. A pupil must not be denied transfer
767	767
768	768
769	769
770	770
771	771
772	772	HB4216 - 20 - LRB103 32061 AWJ 60995 b
773	773
774	774
775	775	HB4216- 21 -LRB103 32061 AWJ 60995 b HB4216 - 21 - LRB103 32061 AWJ 60995 b
776	776	HB4216 - 21 - LRB103 32061 AWJ 60995 b
777	777	1 because of the suspension, except in cases in which such
778	778	2 transfer is deemed to cause a threat to the safety of students
779	779	3 or staff in the alternative program.
780	780	4 (b-5) Among the many possible disciplinary interventions
781	781	5 and consequences available to school officials, school
782	782	6 exclusions, such as out-of-school suspensions and expulsions,
783	783	7 are the most serious. School officials shall limit the number
784	784	8 and duration of expulsions and suspensions to the greatest
785	785	9 extent practicable, and it is recommended that they use them
786	786	10 only for legitimate educational purposes. To ensure that
787	787	11 students are not excluded from school unnecessarily, it is
788	788	12 recommended that school officials consider forms of
789	789	13 non-exclusionary discipline prior to using out-of-school
790	790	14 suspensions or expulsions.
791	791	15 (b-10) Unless otherwise required by federal law or this
792	792	16 Code, school boards may not institute zero-tolerance policies
793	793	17 by which school administrators are required to suspend or
794	794	18 expel students for particular behaviors.
795	795	19 (b-15) Out-of-school suspensions of 3 days or less may be
796	796	20 used only if the student's continuing presence in school would
797	797	21 pose a threat to school safety or a disruption to other
798	798	22 students' learning opportunities. For purposes of this
799	799	23 subsection (b-15), "threat to school safety or a disruption to
800	800	24 other students' learning opportunities" shall be determined on
801	801	25 a case-by-case basis by the school board or its designee.
802	802	26 School officials shall make all reasonable efforts to resolve
803	803
804	804
805	805
806	806
807	807
808	808	HB4216 - 21 - LRB103 32061 AWJ 60995 b
809	809
810	810
811	811	HB4216- 22 -LRB103 32061 AWJ 60995 b HB4216 - 22 - LRB103 32061 AWJ 60995 b
812	812	HB4216 - 22 - LRB103 32061 AWJ 60995 b
813	813	1 such threats, address such disruptions, and minimize the
814	814	2 length of suspensions to the greatest extent practicable.
815	815	3 (b-20) Unless otherwise required by this Code,
816	816	4 out-of-school suspensions of longer than 3 days, expulsions,
817	817	5 and disciplinary removals to alternative schools may be used
818	818	6 only if other appropriate and available behavioral and
819	819	7 disciplinary interventions have been exhausted and the
820	820	8 student's continuing presence in school would either (i) pose
821	821	9 a threat to the safety of other students, staff, or members of
822	822	10 the school community or (ii) substantially disrupt, impede, or
823	823	11 interfere with the operation of the school. For purposes of
824	824	12 this subsection (b-20), "threat to the safety of other
825	825	13 students, staff, or members of the school community" and
826	826	14 "substantially disrupt, impede, or interfere with the
827	827	15 operation of the school" shall be determined on a case-by-case
828	828	16 basis by school officials. For purposes of this subsection
829	829	17 (b-20), the determination of whether "appropriate and
830	830	18 available behavioral and disciplinary interventions have been
831	831	19 exhausted" shall be made by school officials. School officials
832	832	20 shall make all reasonable efforts to resolve such threats,
833	833	21 address such disruptions, and minimize the length of student
834	834	22 exclusions to the greatest extent practicable. Within the
835	835	23 suspension decision described in subsection (b) of this
836	836	24 Section or the expulsion decision described in subsection (a)
837	837	25 of this Section, it shall be documented whether other
838	838	26 interventions were attempted or whether it was determined that
839	839
840	840
841	841
842	842
843	843
844	844	HB4216 - 22 - LRB103 32061 AWJ 60995 b
845	845
846	846
847	847	HB4216- 23 -LRB103 32061 AWJ 60995 b HB4216 - 23 - LRB103 32061 AWJ 60995 b
848	848	HB4216 - 23 - LRB103 32061 AWJ 60995 b
849	849	1 there were no other appropriate and available interventions.
850	850	2 (b-25) Students who are suspended out-of-school for longer
851	851	3 than 4 school days shall be provided appropriate and available
852	852	4 support services during the period of their suspension. For
853	853	5 purposes of this subsection (b-25), "appropriate and available
854	854	6 support services" shall be determined by school authorities.
855	855	7 Within the suspension decision described in subsection (b) of
856	856	8 this Section, it shall be documented whether such services are
857	857	9 to be provided or whether it was determined that there are no
858	858	10 such appropriate and available services.
859	859	11 A school district may refer students who are expelled to
860	860	12 appropriate and available support services.
861	861	13 A school district shall create a policy to facilitate the
862	862	14 re-engagement of students who are suspended out-of-school,
863	863	15 expelled, or returning from an alternative school setting.
864	864	16 (b-30) A school district shall create a policy by which
865	865	17 suspended pupils, including those pupils suspended from the
866	866	18 school bus who do not have alternate transportation to school,
867	867	19 shall have the opportunity to make up work for equivalent
868	868	20 academic credit. It shall be the responsibility of a pupil's
869	869	21 parents or guardians to notify school officials that a pupil
870	870	22 suspended from the school bus does not have alternate
871	871	23 transportation to school.
872	872	24 (b-35) In all suspension review hearings conducted under
873	873	25 subsection (b) or expulsion hearings conducted under
874	874	26 subsection (a), a student may disclose any factor to be
875	875
876	876
877	877
878	878
879	879
880	880	HB4216 - 23 - LRB103 32061 AWJ 60995 b
881	881
882	882
883	883	HB4216- 24 -LRB103 32061 AWJ 60995 b HB4216 - 24 - LRB103 32061 AWJ 60995 b
884	884	HB4216 - 24 - LRB103 32061 AWJ 60995 b
885	885	1 considered in mitigation, including his or her status as a
886	886	2 parent, expectant parent, or victim of domestic or sexual
887	887	3 violence, as defined in Article 26A. A representative of the
888	888	4 parent's or guardian's choice, or of the student's choice if
889	889	5 emancipated, must be permitted to represent the student
890	890	6 throughout the proceedings and to address the school board or
891	891	7 its appointed hearing officer. With the approval of the
892	892	8 student's parent or guardian, or of the student if
893	893	9 emancipated, a support person must be permitted to accompany
894	894	10 the student to any disciplinary hearings or proceedings. The
895	895	11 representative or support person must comply with any rules of
896	896	12 the school district's hearing process. If the representative
897	897	13 or support person violates the rules or engages in behavior or
898	898	14 advocacy that harasses, abuses, or intimidates either party, a
899	899	15 witness, or anyone else in attendance at the hearing, the
900	900	16 representative or support person may be prohibited from
901	901	17 further participation in the hearing or proceeding. A
902	902	18 suspension or expulsion proceeding under this subsection
903	903	19 (b-35) must be conducted independently from any ongoing
904	904	20 criminal investigation or proceeding, and an absence of
905	905	21 pending or possible criminal charges, criminal investigations,
906	906	22 or proceedings may not be a factor in school disciplinary
907	907	23 decisions.
908	908	24 (b-40) During a suspension review hearing conducted under
909	909	25 subsection (b) or an expulsion hearing conducted under
910	910	26 subsection (a) that involves allegations of sexual violence by
911	911
912	912
913	913
914	914
915	915
916	916	HB4216 - 24 - LRB103 32061 AWJ 60995 b
917	917
918	918
919	919	HB4216- 25 -LRB103 32061 AWJ 60995 b HB4216 - 25 - LRB103 32061 AWJ 60995 b
920	920	HB4216 - 25 - LRB103 32061 AWJ 60995 b
921	921	1 the student who is subject to discipline, neither the student
922	922	2 nor his or her representative shall directly question nor have
923	923	3 direct contact with the alleged victim. The student who is
924	924	4 subject to discipline or his or her representative may, at the
925	925	5 discretion and direction of the school board or its appointed
926	926	6 hearing officer, suggest questions to be posed by the school
927	927	7 board or its appointed hearing officer to the alleged victim.
928	928	8 (c) A school board must invite a representative from a
929	929	9 local mental health agency to consult with the board at the
930	930	10 meeting whenever there is evidence that mental illness may be
931	931	11 the cause of a student's expulsion or suspension.
932	932	12 (c-5) School districts shall make reasonable efforts to
933	933	13 provide ongoing professional development to teachers,
934	934	14 administrators, school board members, school resource
935	935	15 officers, school safety officers, and staff on the adverse
936	936	16 consequences of school exclusion and justice-system
937	937	17 involvement, effective classroom management strategies,
938	938	18 culturally responsive discipline, the appropriate and
939	939	19 available supportive services for the promotion of student
940	940	20 attendance and engagement, and developmentally appropriate
941	941	21 disciplinary methods that promote positive and healthy school
942	942	22 climates.
943	943	23 (d) The board may expel a student for a definite period of
944	944	24 time not to exceed 2 calendar years, as determined on a
945	945	25 case-by-case basis. A student who is determined to have
946	946	26 brought one of the following objects to school, any
947	947
948	948
949	949
950	950
951	951
952	952	HB4216 - 25 - LRB103 32061 AWJ 60995 b
953	953
954	954
955	955	HB4216- 26 -LRB103 32061 AWJ 60995 b HB4216 - 26 - LRB103 32061 AWJ 60995 b
956	956	HB4216 - 26 - LRB103 32061 AWJ 60995 b
957	957	1 school-sponsored activity or event, or any activity or event
958	958	2 that bears a reasonable relationship to school shall be
959	959	3 expelled for a period of not less than one year:
960	960	4 (1) A firearm. For the purposes of this Section,
961	961	5 "firearm" means any gun, rifle, shotgun, weapon as defined
962	962	6 by Section 921 of Title 18 of the United States Code,
963	963	7 firearm as defined in Section 1.1 of the Firearm Owners
964	964	8 Identification Card Act, or firearm as defined in Section
965	965	9 24-1 of the Criminal Code of 2012. The expulsion period
966	966	10 under this subdivision (1) may be modified by the
967	967	11 superintendent, and the superintendent's determination may
968	968	12 be modified by the board on a case-by-case basis.
969	969	13 (2) A knife, brass knuckles or other knuckle weapon
970	970	14 regardless of its composition, a billy club, or any other
971	971	15 object if used or attempted to be used to cause bodily
972	972	16 harm, including "look alikes" of any firearm as defined in
973	973	17 subdivision (1) of this subsection (d). The expulsion
974	974	18 requirement under this subdivision (2) may be modified by
975	975	19 the superintendent, and the superintendent's determination
976	976	20 may be modified by the board on a case-by-case basis.
977	977	21 Expulsion or suspension shall be construed in a manner
978	978	22 consistent with the federal Individuals with Disabilities
979	979	23 Education Act. A student who is subject to suspension or
980	980	24 expulsion as provided in this Section may be eligible for a
981	981	25 transfer to an alternative school program in accordance with
982	982	26 Article 13A of the School Code.
983	983
984	984
985	985
986	986
987	987
988	988	HB4216 - 26 - LRB103 32061 AWJ 60995 b
989	989
990	990
991	991	HB4216- 27 -LRB103 32061 AWJ 60995 b HB4216 - 27 - LRB103 32061 AWJ 60995 b
992	992	HB4216 - 27 - LRB103 32061 AWJ 60995 b
993	993	1 (d-5) The board may suspend or by regulation authorize the
994	994	2 superintendent of the district or the principal, assistant
995	995	3 principal, or dean of students of any school to suspend a
996	996	4 student for a period not to exceed 10 school days or may expel
997	997	5 a student for a definite period of time not to exceed 2
998	998	6 calendar years, as determined on a case-by-case basis, if (i)
999	999	7 that student has been determined to have made an explicit
1000	1000	8 threat on an Internet website against a school employee, a
1001	1001	9 student, or any school-related personnel, (ii) the Internet
1002	1002	10 website through which the threat was made is a site that was
1003	1003	11 accessible within the school at the time the threat was made or
1004	1004	12 was available to third parties who worked or studied within
1005	1005	13 the school grounds at the time the threat was made, and (iii)
1006	1006	14 the threat could be reasonably interpreted as threatening to
1007	1007	15 the safety and security of the threatened individual because
1008	1008	16 of his or her duties or employment status or status as a
1009	1009	17 student inside the school.
1010	1010	18 (e) To maintain order and security in the schools, school
1011	1011	19 authorities may inspect and search places and areas such as
1012	1012	20 lockers, desks, parking lots, and other school property and
1013	1013	21 equipment owned or controlled by the school, as well as
1014	1014	22 personal effects left in those places and areas by students,
1015	1015	23 without notice to or the consent of the student, and without a
1016	1016	24 search warrant. As a matter of public policy, the General
1017	1017	25 Assembly finds that students have no reasonable expectation of
1018	1018	26 privacy in these places and areas or in their personal effects
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024	HB4216 - 27 - LRB103 32061 AWJ 60995 b
1025	1025
1026	1026
1027	1027	HB4216- 28 -LRB103 32061 AWJ 60995 b HB4216 - 28 - LRB103 32061 AWJ 60995 b
1028	1028	HB4216 - 28 - LRB103 32061 AWJ 60995 b
1029	1029	1 left in these places and areas. School authorities may request
1030	1030	2 the assistance of law enforcement officials for the purpose of
1031	1031	3 conducting inspections and searches of lockers, desks, parking
1032	1032	4 lots, and other school property and equipment owned or
1033	1033	5 controlled by the school for illegal drugs, weapons, or other
1034	1034	6 illegal or dangerous substances or materials, including
1035	1035	7 searches conducted through the use of specially trained dogs.
1036	1036	8 If a search conducted in accordance with this Section produces
1037	1037	9 evidence that the student has violated or is violating either
1038	1038	10 the law, local ordinance, or the school's policies or rules,
1039	1039	11 such evidence may be seized by school authorities, and
1040	1040	12 disciplinary action may be taken. School authorities may also
1041	1041	13 turn over such evidence to law enforcement authorities.
1042	1042	14 (f) Suspension or expulsion may include suspension or
1043	1043	15 expulsion from school and all school activities and a
1044	1044	16 prohibition from being present on school grounds.
1045	1045	17 (g) A school district may adopt a policy providing that if
1046	1046	18 a student is suspended or expelled for any reason from any
1047	1047	19 public or private school in this or any other state, the
1048	1048	20 student must complete the entire term of the suspension or
1049	1049	21 expulsion in an alternative school program under Article 13A
1050	1050	22 of this Code or an alternative learning opportunities program
1051	1051	23 under Article 13B of this Code before being admitted into the
1052	1052	24 school district if there is no threat to the safety of students
1053	1053	25 or staff in the alternative program. A school district that
1054	1054	26 adopts a policy under this subsection (g) must include a
1055	1055
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060	HB4216 - 28 - LRB103 32061 AWJ 60995 b
1061	1061
1062	1062
1063	1063	HB4216- 29 -LRB103 32061 AWJ 60995 b HB4216 - 29 - LRB103 32061 AWJ 60995 b
1064	1064	HB4216 - 29 - LRB103 32061 AWJ 60995 b
1065	1065	1 provision allowing for consideration of any mitigating
1066	1066	2 factors, including, but not limited to, a student's status as
1067	1067	3 a parent, expectant parent, or victim of domestic or sexual
1068	1068	4 violence, as defined in Article 26A.
1069	1069	5 (h) School officials shall not advise or encourage
1070	1070	6 students to drop out voluntarily due to behavioral or academic
1071	1071	7 difficulties.
1072	1072	8 (i) A student may not be issued a monetary fine or fee as a
1073	1073	9 disciplinary consequence, though this shall not preclude
1074	1074	10 requiring a student to provide restitution for lost, stolen,
1075	1075	11 or damaged property.
1076	1076	12 (j) Subsections (a) through (i) of this Section shall
1077	1077	13 apply to elementary and secondary schools, charter schools,
1078	1078	14 special charter districts, and school districts organized
1079	1079	15 under Article 34 of this Code.
1080	1080	16 (k) The expulsion of children enrolled in programs funded
1081	1081	17 under Section 1C-2 of this Code is subject to the requirements
1082	1082	18 under paragraph (7) of subsection (a) of Section 2-3.71 of
1083	1083	19 this Code.
1084	1084	20 (l) Beginning with the 2018-2019 school year, an in-school
1085	1085	21 suspension program provided by a school district for any
1086	1086	22 students in kindergarten through grade 12 may focus on
1087	1087	23 promoting non-violent conflict resolution and positive
1088	1088	24 interaction with other students and school personnel. A school
1089	1089	25 district may employ a school social worker or a licensed
1090	1090	26 mental health professional to oversee an in-school suspension
1091	1091
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096	HB4216 - 29 - LRB103 32061 AWJ 60995 b
1097	1097
1098	1098
1099	1099	HB4216- 30 -LRB103 32061 AWJ 60995 b HB4216 - 30 - LRB103 32061 AWJ 60995 b
1100	1100	HB4216 - 30 - LRB103 32061 AWJ 60995 b
1101	1101	1 program in kindergarten through grade 12.
1102	1102	2 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
1103	1103	3 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
1104	1104	4 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
1105	1105	5 Sec. 17-2.11. School board power to levy a tax or to borrow
1106	1106	6 money and issue bonds for fire prevention, safety, energy
1107	1107	7 conservation, accessibility, school security, and specified
1108	1108	8 repair purposes.
1109	1109	9 (a) Whenever, as a result of any lawful order of any
1110	1110	10 agency, other than a school board, having authority to enforce
1111	1111	11 any school building code applicable to any facility that
1112	1112	12 houses students, or any law or regulation for the protection
1113	1113	13 and safety of the environment, pursuant to the Environmental
1114	1114	14 Protection Act, any school district having a population of
1115	1115	15 less than 500,000 inhabitants is required to alter or
1116	1116	16 reconstruct any school building or permanent, fixed equipment;
1117	1117	17 the district may, by proper resolution, levy a tax for the
1118	1118	18 purpose of making such alteration or reconstruction, based on
1119	1119	19 a survey report by an architect or engineer licensed in this
1120	1120	20 State, upon all of the taxable property of the district at the
1121	1121	21 value as assessed by the Department of Revenue and at a rate
1122	1122	22 not to exceed 0.05% per year for a period sufficient to finance
1123	1123	23 such alteration or reconstruction, upon the following
1124	1124	24 conditions:
1125	1125	25 (1) When there are not sufficient funds available in
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130
1131	1131	HB4216 - 30 - LRB103 32061 AWJ 60995 b
1132	1132
1133	1133
1134	1134	HB4216- 31 -LRB103 32061 AWJ 60995 b HB4216 - 31 - LRB103 32061 AWJ 60995 b
1135	1135	HB4216 - 31 - LRB103 32061 AWJ 60995 b
1136	1136	1 the operations and maintenance fund of the school
1137	1137	2 district, the school facility occupation tax fund of the
1138	1138	3 district, or the fire prevention and safety fund of the
1139	1139	4 district, as determined by the district on the basis of
1140	1140	5 rules adopted by the State Board of Education, to make
1141	1141	6 such alteration or reconstruction or to purchase and
1142	1142	7 install such permanent, fixed equipment so ordered or
1143	1143	8 determined as necessary. Appropriate school district
1144	1144	9 records must be made available to the State Superintendent
1145	1145	10 of Education, upon request, to confirm this insufficiency.
1146	1146	11 (2) When a certified estimate of an architect or
1147	1147	12 engineer licensed in this State stating the estimated
1148	1148	13 amount necessary to make the alteration or reconstruction
1149	1149	14 or to purchase and install the equipment so ordered has
1150	1150	15 been secured by the school district, and the estimate has
1151	1151	16 been approved by the regional superintendent of schools
1152	1152	17 having jurisdiction over the district and the State
1153	1153	18 Superintendent of Education. Approval must not be granted
1154	1154	19 for any work that has already started without the prior
1155	1155	20 express authorization of the State Superintendent of
1156	1156	21 Education. If the estimate is not approved or is denied
1157	1157	22 approval by the regional superintendent of schools within
1158	1158	23 3 months after the date on which it is submitted to him or
1159	1159	24 her, the school board of the district may submit the
1160	1160	25 estimate directly to the State Superintendent of Education
1161	1161	26 for approval or denial.
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167	HB4216 - 31 - LRB103 32061 AWJ 60995 b
1168	1168
1169	1169
1170	1170	HB4216- 32 -LRB103 32061 AWJ 60995 b HB4216 - 32 - LRB103 32061 AWJ 60995 b
1171	1171	HB4216 - 32 - LRB103 32061 AWJ 60995 b
1172	1172	1 In the case of an emergency situation, where the estimated
1173	1173	2 cost to effectuate emergency repairs is less than the amount
1174	1174	3 specified in Section 10-20.21 of this Code, the school
1175	1175	4 district may proceed with such repairs prior to approval by
1176	1176	5 the State Superintendent of Education, but shall comply with
1177	1177	6 the provisions of subdivision (2) of this subsection (a) as
1178	1178	7 soon thereafter as may be as well as Section 10-20.21 of this
1179	1179	8 Code. If the estimated cost to effectuate emergency repairs is
1180	1180	9 greater than the amount specified in Section 10-20.21 of this
1181	1181	10 Code, then the school district shall proceed in conformity
1182	1182	11 with Section 10-20.21 of this Code and with rules established
1183	1183	12 by the State Board of Education to address such situations.
1184	1184	13 The rules adopted by the State Board of Education to deal with
1185	1185	14 these situations shall stipulate that emergency situations
1186	1186	15 must be expedited and given priority consideration. For
1187	1187	16 purposes of this paragraph, an emergency is a situation that
1188	1188	17 presents an imminent and continuing threat to the health and
1189	1189	18 safety of students or other occupants of a facility, requires
1190	1190	19 complete or partial evacuation of a building or part of a
1191	1191	20 building, or consumes one or more of the 5 emergency days built
1192	1192	21 into the adopted calendar of the school or schools or would
1193	1193	22 otherwise be expected to cause such school or schools to fall
1194	1194	23 short of the minimum school calendar requirements.
1195	1195	24 (b) Whenever any such district determines that it is
1196	1196	25 necessary for energy conservation purposes that any school
1197	1197	26 building or permanent, fixed equipment should be altered or
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203	HB4216 - 32 - LRB103 32061 AWJ 60995 b
1204	1204
1205	1205
1206	1206	HB4216- 33 -LRB103 32061 AWJ 60995 b HB4216 - 33 - LRB103 32061 AWJ 60995 b
1207	1207	HB4216 - 33 - LRB103 32061 AWJ 60995 b
1208	1208	1 reconstructed and that such alterations or reconstruction will
1209	1209	2 be made with funds not necessary for the completion of
1210	1210	3 approved and recommended projects contained in any safety
1211	1211	4 survey report or amendments thereto authorized by Section
1212	1212	5 2-3.12 of this Act; the district may levy a tax or issue bonds
1213	1213	6 as provided in subsection (a) of this Section.
1214	1214	7 (c) Whenever any such district determines that it is
1215	1215	8 necessary for accessibility purposes and to comply with the
1216	1216	9 school building code that any school building or equipment
1217	1217	10 should be altered or reconstructed and that such alterations
1218	1218	11 or reconstruction will be made with funds not necessary for
1219	1219	12 the completion of approved and recommended projects contained
1220	1220	13 in any safety survey report or amendments thereto authorized
1221	1221	14 under Section 2-3.12 of this Act, the district may levy a tax
1222	1222	15 or issue bonds as provided in subsection (a) of this Section.
1223	1223	16 (d) Whenever any such district determines that it is
1224	1224	17 necessary for school security purposes and the related
1225	1225	18 protection and safety of pupils and school personnel that any
1226	1226	19 school building or property should be altered or reconstructed
1227	1227	20 or that security systems and equipment (including but not
1228	1228	21 limited to intercom, early detection and warning, access
1229	1229	22 control and television monitoring systems) should be purchased
1230	1230	23 and installed, and that such alterations, reconstruction or
1231	1231	24 purchase and installation of equipment will be made with funds
1232	1232	25 not necessary for the completion of approved and recommended
1233	1233	26 projects contained in any safety survey report or amendment
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239	HB4216 - 33 - LRB103 32061 AWJ 60995 b
1240	1240
1241	1241
1242	1242	HB4216- 34 -LRB103 32061 AWJ 60995 b HB4216 - 34 - LRB103 32061 AWJ 60995 b
1243	1243	HB4216 - 34 - LRB103 32061 AWJ 60995 b
1244	1244	1 thereto authorized by Section 2-3.12 of this Act and will
1245	1245	2 deter and prevent unauthorized entry or activities upon school
1246	1246	3 property by unknown or dangerous persons, assure early
1247	1247	4 detection and advance warning of any such actual or attempted
1248	1248	5 unauthorized entry or activities and help assure the continued
1249	1249	6 safety of pupils and school staff if any such unauthorized
1250	1250	7 entry or activity is attempted or occurs; the district may
1251	1251	8 levy a tax or issue bonds as provided in subsection (a) of this
1252	1252	9 Section.
1253	1253	10 If such a school district determines that it is necessary
1254	1254	11 for school security purposes and the related protection and
1255	1255	12 safety of pupils and school staff to hire a school resource
1256	1256	13 officer or that personnel costs for school counselors, mental
1257	1257	14 health experts, school safety officers, or school resource
1258	1258	15 officers are necessary and the district determines that it
1259	1259	16 does not need funds for any of the other purposes set forth in
1260	1260	17 this Section, then the district may levy a tax or issue bonds
1261	1261	18 as provided in subsection (a).
1262	1262	19 (e) If a school district does not need funds for other fire
1263	1263	20 prevention and safety projects, including the completion of
1264	1264	21 approved and recommended projects contained in any safety
1265	1265	22 survey report or amendments thereto authorized by Section
1266	1266	23 2-3.12 of this Act, and it is determined after a public hearing
1267	1267	24 (which is preceded by at least one published notice (i)
1268	1268	25 occurring at least 7 days prior to the hearing in a newspaper
1269	1269	26 of general circulation within the school district and (ii)
1270	1270
1271	1271
1272	1272
1273	1273
1274	1274
1275	1275	HB4216 - 34 - LRB103 32061 AWJ 60995 b
1276	1276
1277	1277
1278	1278	HB4216- 35 -LRB103 32061 AWJ 60995 b HB4216 - 35 - LRB103 32061 AWJ 60995 b
1279	1279	HB4216 - 35 - LRB103 32061 AWJ 60995 b
1280	1280	1 setting forth the time, date, place, and general subject
1281	1281	2 matter of the hearing) that there is a substantial, immediate,
1282	1282	3 and otherwise unavoidable threat to the health, safety, or
1283	1283	4 welfare of pupils due to disrepair of school sidewalks,
1284	1284	5 playgrounds, parking lots, or school bus turnarounds and
1285	1285	6 repairs must be made; then the district may levy a tax or issue
1286	1286	7 bonds as provided in subsection (a) of this Section.
1287	1287	8 (f) For purposes of this Section a school district may
1288	1288	9 replace a school building or build additions to replace
1289	1289	10 portions of a building when it is determined that the
1290	1290	11 effectuation of the recommendations for the existing building
1291	1291	12 will cost more than the replacement costs. Such determination
1292	1292	13 shall be based on a comparison of estimated costs made by an
1293	1293	14 architect or engineer licensed in the State of Illinois. The
1294	1294	15 new building or addition shall be equivalent in area (square
1295	1295	16 feet) and comparable in purpose and grades served and may be on
1296	1296	17 the same site or another site. Such replacement may only be
1297	1297	18 done upon order of the regional superintendent of schools and
1298	1298	19 the approval of the State Superintendent of Education.
1299	1299	20 (g) The filing of a certified copy of the resolution
1300	1300	21 levying the tax when accompanied by the certificates of the
1301	1301	22 regional superintendent of schools and State Superintendent of
1302	1302	23 Education shall be the authority of the county clerk to extend
1303	1303	24 such tax.
1304	1304	25 (h) The county clerk of the county in which any school
1305	1305	26 district levying a tax under the authority of this Section is
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311	HB4216 - 35 - LRB103 32061 AWJ 60995 b
1312	1312
1313	1313
1314	1314	HB4216- 36 -LRB103 32061 AWJ 60995 b HB4216 - 36 - LRB103 32061 AWJ 60995 b
1315	1315	HB4216 - 36 - LRB103 32061 AWJ 60995 b
1316	1316	1 located, in reducing raised levies, shall not consider any
1317	1317	2 such tax as a part of the general levy for school purposes and
1318	1318	3 shall not include the same in the limitation of any other tax
1319	1319	4 rate which may be extended.
1320	1320	5 Such tax shall be levied and collected in like manner as
1321	1321	6 all other taxes of school districts, subject to the provisions
1322	1322	7 contained in this Section.
1323	1323	8 (i) The tax rate limit specified in this Section may be
1324	1324	9 increased to .10% upon the approval of a proposition to effect
1325	1325	10 such increase by a majority of the electors voting on that
1326	1326	11 proposition at a regular scheduled election. Such proposition
1327	1327	12 may be initiated by resolution of the school board and shall be
1328	1328	13 certified by the secretary to the proper election authorities
1329	1329	14 for submission in accordance with the general election law.
1330	1330	15 (j) When taxes are levied by any school district for fire
1331	1331	16 prevention, safety, energy conservation, and school security
1332	1332	17 purposes as specified in this Section, and the purposes for
1333	1333	18 which the taxes have been levied are accomplished and paid in
1334	1334	19 full, and there remain funds on hand in the Fire Prevention and
1335	1335	20 Safety Fund from the proceeds of the taxes levied, including
1336	1336	21 interest earnings thereon, the school board by resolution
1337	1337	22 shall use such excess and other board restricted funds,
1338	1338	23 excluding bond proceeds and earnings from such proceeds, as
1339	1339	24 follows:
1340	1340	25 (1) for other authorized fire prevention, safety,
1341	1341	26 energy conservation, required safety inspections, school
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346
1347	1347	HB4216 - 36 - LRB103 32061 AWJ 60995 b
1348	1348
1349	1349
1350	1350	HB4216- 37 -LRB103 32061 AWJ 60995 b HB4216 - 37 - LRB103 32061 AWJ 60995 b
1351	1351	HB4216 - 37 - LRB103 32061 AWJ 60995 b
1352	1352	1 security purposes, sampling for lead in drinking water in
1353	1353	2 schools, and for repair and mitigation due to lead levels
1354	1354	3 in the drinking water supply; or
1355	1355	4 (2) for transfer to the Operations and Maintenance
1356	1356	5 Fund for the purpose of abating an equal amount of
1357	1357	6 operations and maintenance purposes taxes.
1358	1358	7 Notwithstanding subdivision (2) of this subsection (j) and
1359	1359	8 subsection (k) of this Section, through June 30, 2021, the
1360	1360	9 school board may, by proper resolution following a public
1361	1361	10 hearing set by the school board or the president of the school
1362	1362	11 board (that is preceded (i) by at least one published notice
1363	1363	12 over the name of the clerk or secretary of the board, occurring
1364	1364	13 at least 7 days and not more than 30 days prior to the hearing,
1365	1365	14 in a newspaper of general circulation within the school
1366	1366	15 district and (ii) by posted notice over the name of the clerk
1367	1367	16 or secretary of the board, at least 48 hours before the
1368	1368	17 hearing, at the principal office of the school board or at the
1369	1369	18 building where the hearing is to be held if a principal office
1370	1370	19 does not exist, with both notices setting forth the time,
1371	1371	20 date, place, and subject matter of the hearing), transfer
1372	1372	21 surplus life safety taxes and interest earnings thereon to the
1373	1373	22 Operations and Maintenance Fund for building repair work.
1374	1374	23 (k) If any transfer is made to the Operation and
1375	1375	24 Maintenance Fund, the secretary of the school board shall
1376	1376	25 within 30 days notify the county clerk of the amount of that
1377	1377	26 transfer and direct the clerk to abate the taxes to be extended
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383	HB4216 - 37 - LRB103 32061 AWJ 60995 b
1384	1384
1385	1385
1386	1386	HB4216- 38 -LRB103 32061 AWJ 60995 b HB4216 - 38 - LRB103 32061 AWJ 60995 b
1387	1387	HB4216 - 38 - LRB103 32061 AWJ 60995 b
1388	1388	1 for the purposes of operations and maintenance authorized
1389	1389	2 under Section 17-2 of this Act by an amount equal to such
1390	1390	3 transfer.
1391	1391	4 (l) If the proceeds from the tax levy authorized by this
1392	1392	5 Section are insufficient to complete the work approved under
1393	1393	6 this Section, the school board is authorized to sell bonds
1394	1394	7 without referendum under the provisions of this Section in an
1395	1395	8 amount that, when added to the proceeds of the tax levy
1396	1396	9 authorized by this Section, will allow completion of the
1397	1397	10 approved work.
1398	1398	11 (m) Any bonds issued pursuant to this Section shall bear
1399	1399	12 interest at a rate not to exceed the maximum rate authorized by
1400	1400	13 law at the time of the making of the contract, shall mature
1401	1401	14 within 20 years from date, and shall be signed by the president
1402	1402	15 of the school board and the treasurer of the school district.
1403	1403	16 (n) In order to authorize and issue such bonds, the school
1404	1404	17 board shall adopt a resolution fixing the amount of bonds, the
1405	1405	18 date thereof, the maturities thereof, rates of interest
1406	1406	19 thereof, place of payment and denomination, which shall be in
1407	1407	20 denominations of not less than $100 and not more than $5,000,
1408	1408	21 and provide for the levy and collection of a direct annual tax
1409	1409	22 upon all the taxable property in the school district
1410	1410	23 sufficient to pay the principal and interest on such bonds to
1411	1411	24 maturity. Upon the filing in the office of the county clerk of
1412	1412	25 the county in which the school district is located of a
1413	1413	26 certified copy of the resolution, it is the duty of the county
1414	1414
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419	HB4216 - 38 - LRB103 32061 AWJ 60995 b
1420	1420
1421	1421
1422	1422	HB4216- 39 -LRB103 32061 AWJ 60995 b HB4216 - 39 - LRB103 32061 AWJ 60995 b
1423	1423	HB4216 - 39 - LRB103 32061 AWJ 60995 b
1424	1424	1 clerk to extend the tax therefor in addition to and in excess
1425	1425	2 of all other taxes heretofore or hereafter authorized to be
1426	1426	3 levied by such school district.
1427	1427	4 (o) After the time such bonds are issued as provided for by
1428	1428	5 this Section, if additional alterations or reconstructions are
1429	1429	6 required to be made because of surveys conducted by an
1430	1430	7 architect or engineer licensed in the State of Illinois, the
1431	1431	8 district may levy a tax at a rate not to exceed .05% per year
1432	1432	9 upon all the taxable property of the district or issue
1433	1433	10 additional bonds, whichever action shall be the most feasible.
1434	1434	11 (p) This Section is cumulative and constitutes complete
1435	1435	12 authority for the issuance of bonds as provided in this
1436	1436	13 Section notwithstanding any other statute or law to the
1437	1437	14 contrary.
1438	1438	15 (q) With respect to instruments for the payment of money
1439	1439	16 issued under this Section either before, on, or after the
1440	1440	17 effective date of Public Act 86-004 (June 6, 1989), it is, and
1441	1441	18 always has been, the intention of the General Assembly (i)
1442	1442	19 that the Omnibus Bond Acts are, and always have been,
1443	1443	20 supplementary grants of power to issue instruments in
1444	1444	21 accordance with the Omnibus Bond Acts, regardless of any
1445	1445	22 provision of this Act that may appear to be or to have been
1446	1446	23 more restrictive than those Acts, (ii) that the provisions of
1447	1447	24 this Section are not a limitation on the supplementary
1448	1448	25 authority granted by the Omnibus Bond Acts, and (iii) that
1449	1449	26 instruments issued under this Section within the supplementary
1450	1450
1451	1451
1452	1452
1453	1453
1454	1454
1455	1455	HB4216 - 39 - LRB103 32061 AWJ 60995 b
1456	1456
1457	1457
1458	1458	HB4216- 40 -LRB103 32061 AWJ 60995 b HB4216 - 40 - LRB103 32061 AWJ 60995 b
1459	1459	HB4216 - 40 - LRB103 32061 AWJ 60995 b
1460	1460	1 authority granted by the Omnibus Bond Acts are not invalid
1461	1461	2 because of any provision of this Act that may appear to be or
1462	1462	3 to have been more restrictive than those Acts.
1463	1463	4 (r) When the purposes for which the bonds are issued have
1464	1464	5 been accomplished and paid for in full and there remain funds
1465	1465	6 on hand from the proceeds of the bond sale and interest
1466	1466	7 earnings therefrom, the board shall, by resolution, use such
1467	1467	8 excess funds in accordance with the provisions of Section
1468	1468	9 10-22.14 of this Act.
1469	1469	10 (s) Whenever any tax is levied or bonds issued for fire
1470	1470	11 prevention, safety, energy conservation, and school security
1471	1471	12 purposes, such proceeds shall be deposited and accounted for
1472	1472	13 separately within the Fire Prevention and Safety Fund.
1473	1473	14 (Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19;
1474	1474	15 101-643, eff. 6-18-20.)
1475	1475	16 (105 ILCS 5/22-85)
1476	1476	17 Sec. 22-85. Sexual abuse at schools.
1477	1477	18 (a) The General Assembly finds that:
1478	1478	19 (1) investigation of a child regarding an incident of
1479	1479	20 sexual abuse can induce significant trauma for the child;
1480	1480	21 (2) it is desirable to prevent multiple interviews of
1481	1481	22 a child at a school; and
1482	1482	23 (3) it is important to recognize the role of
1483	1483	24 Children's Advocacy Centers in conducting developmentally
1484	1484	25 appropriate investigations.
1485	1485
1486	1486
1487	1487
1488	1488
1489	1489
1490	1490	HB4216 - 40 - LRB103 32061 AWJ 60995 b
1491	1491
1492	1492
1493	1493	HB4216- 41 -LRB103 32061 AWJ 60995 b HB4216 - 41 - LRB103 32061 AWJ 60995 b
1494	1494	HB4216 - 41 - LRB103 32061 AWJ 60995 b
1495	1495	1 (b) In this Section:
1496	1496	2 "Alleged incident of sexual abuse" is limited to an
1497	1497	3 incident of sexual abuse of a child that is alleged to have
1498	1498	4 been perpetrated by school personnel, including a school
1499	1499	5 vendor or volunteer, that occurred (i) on school grounds or
1500	1500	6 during a school activity or (ii) outside of school grounds or
1501	1501	7 not during a school activity.
1502	1502	8 "Appropriate law enforcement agency" means a law
1503	1503	9 enforcement agency whose employees have been involved, in some
1504	1504	10 capacity, with an investigation of a particular alleged
1505	1505	11 incident of sexual abuse.
1506	1506	12 (c) If a mandated reporter within a school has knowledge
1507	1507	13 of an alleged incident of sexual abuse, the reporter must call
1508	1508	14 the Department of Children and Family Services' hotline
1509	1509	15 established under Section 7.6 of the Abused and Neglected
1510	1510	16 Child Reporting Act immediately after obtaining the minimal
1511	1511	17 information necessary to make a report, including the names of
1512	1512	18 the affected parties and the allegations. The State Board of
1513	1513	19 Education must make available materials detailing the
1514	1514	20 information that is necessary to enable notification to the
1515	1515	21 Department of Children and Family Services of an alleged
1516	1516	22 incident of sexual abuse. Each school must ensure that
1517	1517	23 mandated reporters review the State Board of Education's
1518	1518	24 materials and materials developed by the Department of
1519	1519	25 Children and Family Services and distributed in the school
1520	1520	26 building under Section 7 of the Abused and Neglected Child
1521	1521
1522	1522
1523	1523
1524	1524
1525	1525
1526	1526	HB4216 - 41 - LRB103 32061 AWJ 60995 b
1527	1527
1528	1528
1529	1529	HB4216- 42 -LRB103 32061 AWJ 60995 b HB4216 - 42 - LRB103 32061 AWJ 60995 b
1530	1530	HB4216 - 42 - LRB103 32061 AWJ 60995 b
1531	1531	1 Reporting Act at least once annually.
1532	1532	2 (d) For schools in a county with an accredited Children's
1533	1533	3 Advocacy Center, every alleged incident of sexual abuse that
1534	1534	4 is reported to the Department of Children and Family Services'
1535	1535	5 hotline or a law enforcement agency and is subsequently
1536	1536	6 accepted for investigation must be referred by the entity that
1537	1537	7 received the report to the local Children's Advocacy Center
1538	1538	8 pursuant to that county's multidisciplinary team's protocol
1539	1539	9 under the Children's Advocacy Center Act for investigating
1540	1540	10 child sexual abuse allegations.
1541	1541	11 (e) A county's local Children's Advocacy Center must, at a
1542	1542	12 minimum, do both of the following regarding a referred case of
1543	1543	13 an alleged incident of sexual abuse:
1544	1544	14 (1) Coordinate the investigation of the alleged
1545	1545	15 incident, as governed by the local Children's Advocacy
1546	1546	16 Center's existing multidisciplinary team protocol and
1547	1547	17 according to National Children's Alliance accreditation
1548	1548	18 standards.
1549	1549	19 (2) Facilitate communication between the
1550	1550	20 multidisciplinary team investigating the alleged incident
1551	1551	21 of sexual abuse and, if applicable, the referring school's
1552	1552	22 (i) Title IX officer, or his or her designee, (ii) school
1553	1553	23 resource officer, or (iii) personnel, or (iv) school
1554	1554	24 safety officer leading the school's investigation into the
1555	1555	25 alleged incident of sexual abuse. If a school uses a
1556	1556	26 designated entity to investigate a sexual abuse
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561
1562	1562	HB4216 - 42 - LRB103 32061 AWJ 60995 b
1563	1563
1564	1564
1565	1565	HB4216- 43 -LRB103 32061 AWJ 60995 b HB4216 - 43 - LRB103 32061 AWJ 60995 b
1566	1566	HB4216 - 43 - LRB103 32061 AWJ 60995 b
1567	1567	1 allegation, the multidisciplinary team may correspond only
1568	1568	2 with that entity and any reference in this Section to
1569	1569	3 "school" refers to that designated entity. This
1570	1570	4 facilitation of communication must, at a minimum, ensure
1571	1571	5 that all applicable parties have each other's contact
1572	1572	6 information and must share the county's local Children's
1573	1573	7 Advocacy Center's protocol regarding the process of
1574	1574	8 approving the viewing of a forensic interview, as defined
1575	1575	9 under Section 2.5 of the Children's Advocacy Center Act,
1576	1576	10 by school personnel and a contact person for questions
1577	1577	11 relating to the protocol.
1578	1578	12 (f) After an alleged incident of sexual abuse is accepted
1579	1579	13 for investigation by the Department of Children and Family
1580	1580	14 Services or a law enforcement agency and while the criminal
1581	1581	15 and child abuse investigations related to that alleged
1582	1582	16 incident are being conducted by the local multidisciplinary
1583	1583	17 team, the school relevant to the alleged incident of sexual
1584	1584	18 abuse must comply with both of the following:
1585	1585	19 (1) It may not interview the alleged victim regarding
1586	1586	20 details of the alleged incident of sexual abuse until
1587	1587	21 after the completion of the forensic interview of that
1588	1588	22 victim is conducted at a Children's Advocacy Center. This
1589	1589	23 paragraph does not prohibit a school from requesting
1590	1590	24 information from the alleged victim or his or her parent
1591	1591	25 or guardian to ensure the safety and well-being of the
1592	1592	26 alleged victim at school during an investigation.
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597
1598	1598	HB4216 - 43 - LRB103 32061 AWJ 60995 b
1599	1599
1600	1600
1601	1601	HB4216- 44 -LRB103 32061 AWJ 60995 b HB4216 - 44 - LRB103 32061 AWJ 60995 b
1602	1602	HB4216 - 44 - LRB103 32061 AWJ 60995 b
1603	1603	1 (2) If asked by a law enforcement agency or an
1604	1604	2 investigator of the Department of Children and Family
1605	1605	3 Services who is conducting the investigation, it must
1606	1606	4 inform those individuals of any evidence the school has
1607	1607	5 gathered pertaining to an alleged incident of sexual
1608	1608	6 abuse, as permissible by federal or State law.
1609	1609	7 (g) After completion of a forensic interview, the
1610	1610	8 multidisciplinary team must notify the school relevant to the
1611	1611	9 alleged incident of sexual abuse of its completion. If, for
1612	1612	10 any reason, a multidisciplinary team determines it will not
1613	1613	11 conduct a forensic interview in a specific investigation, the
1614	1614	12 multidisciplinary team must notify the school as soon as the
1615	1615	13 determination is made. If a forensic interview has not been
1616	1616	14 conducted within 15 calendar days after opening an
1617	1617	15 investigation, the school may notify the multidisciplinary
1618	1618	16 team that it intends to interview the alleged victim. No later
1619	1619	17 than 10 calendar days after this notification, the
1620	1620	18 multidisciplinary team may conduct the forensic interview and,
1621	1621	19 if the multidisciplinary team does not conduct the interview,
1622	1622	20 the school may proceed with its interview.
1623	1623	21 (h) To the greatest extent possible considering student
1624	1624	22 safety and Title IX compliance, school personnel may view the
1625	1625	23 electronic recordings of a forensic interview of an alleged
1626	1626	24 victim of an incident of sexual abuse. As a means to avoid
1627	1627	25 additional interviews of an alleged victim, school personnel
1628	1628	26 must be granted viewing access to the electronic recording of
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	HB4216 - 44 - LRB103 32061 AWJ 60995 b
1635	1635
1636	1636
1637	1637	HB4216- 45 -LRB103 32061 AWJ 60995 b HB4216 - 45 - LRB103 32061 AWJ 60995 b
1638	1638	HB4216 - 45 - LRB103 32061 AWJ 60995 b
1639	1639	1 a forensic interview conducted at an accredited Children's
1640	1640	2 Advocacy Center for an alleged incident of sexual abuse only
1641	1641	3 if the school receives (i) approval from the multidisciplinary
1642	1642	4 team investigating the case and (ii) informed consent by a
1643	1643	5 child over the age of 13 or the child's parent or guardian.
1644	1644	6 Each county's local Children's Advocacy Center and
1645	1645	7 multidisciplinary team must establish an internal protocol
1646	1646	8 regarding the process of approving the viewing of the forensic
1647	1647	9 interview, and this process and the contact person must be
1648	1648	10 shared with the school contact at the time of the initial
1649	1649	11 facilitation. Whenever possible, the school's viewing of the
1650	1650	12 electronic recording of a forensic interview should be
1651	1651	13 conducted in lieu of the need for additional interviews.
1652	1652	14 (i) For an alleged incident of sexual abuse that has been
1653	1653	15 accepted for investigation by a multidisciplinary team, if,
1654	1654	16 during the course of its internal investigation and at any
1655	1655	17 point during or after the multidisciplinary team's
1656	1656	18 investigation, the school determines that it needs to
1657	1657	19 interview the alleged victim to successfully complete its
1658	1658	20 investigation and the victim is under 18 years of age, a child
1659	1659	21 advocate must be made available to the student and may be
1660	1660	22 present during the school's interview. A child advocate may be
1661	1661	23 a school social worker, a school or equally qualified
1662	1662	24 psychologist, or a person in a position the State Board of
1663	1663	25 Education has identified as an appropriate advocate for the
1664	1664	26 student during a school's investigation into an alleged
1665	1665
1666	1666
1667	1667
1668	1668
1669	1669
1670	1670	HB4216 - 45 - LRB103 32061 AWJ 60995 b
1671	1671
1672	1672
1673	1673	HB4216- 46 -LRB103 32061 AWJ 60995 b HB4216 - 46 - LRB103 32061 AWJ 60995 b
1674	1674	HB4216 - 46 - LRB103 32061 AWJ 60995 b
1675	1675	1 incident of sexual abuse.
1676	1676	2 (j) The Department of Children and Family Services must
1677	1677	3 notify the relevant school when an agency investigation of an
1678	1678	4 alleged incident of sexual abuse is complete. The notification
1679	1679	5 must include information on the outcome of that investigation.
1680	1680	6 (k) The appropriate law enforcement agency must notify the
1681	1681	7 relevant school when an agency investigation of an alleged
1682	1682	8 incident of sexual abuse is complete or has been suspended.
1683	1683	9 The notification must include information on the outcome of
1684	1684	10 that investigation.
1685	1685	11 (l) This Section applies to all schools operating under
1686	1686	12 this Code, including, but not limited to, public schools
1687	1687	13 located in cities having a population of more than 500,000, a
1688	1688	14 school operated pursuant to an agreement with a public school
1689	1689	15 district, alternative schools operated by third parties, an
1690	1690	16 alternative learning opportunities program, a public school
1691	1691	17 administered by a local public agency or the Department of
1692	1692	18 Human Services, charter schools operating under the authority
1693	1693	19 of Article 27A, and non-public schools recognized by the State
1694	1694	20 Board of Education.
1695	1695	21 (Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
1696	1696	22 (105 ILCS 5/22-88)
1697	1697	23 Sec. 22-88. Parental notification of law enforcement
1698	1698	24 detainment and questioning on school grounds.
1699	1699	25 (a) In this Section, "school grounds" means the real
1700	1700
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705	HB4216 - 46 - LRB103 32061 AWJ 60995 b
1706	1706
1707	1707
1708	1708	HB4216- 47 -LRB103 32061 AWJ 60995 b HB4216 - 47 - LRB103 32061 AWJ 60995 b
1709	1709	HB4216 - 47 - LRB103 32061 AWJ 60995 b
1710	1710	1 property comprising an active and operational elementary or
1711	1711	2 secondary school during the regular hours in which school is
1712	1712	3 in session and when students are present.
1713	1713	4 (b) Before detaining and questioning a student on school
1714	1714	5 grounds who is under 18 years of age and who is suspected of
1715	1715	6 committing a criminal act, a law enforcement officer, a school
1716	1716	7 resource officer, school safety officer, or other school
1717	1717	8 security personnel must do all of the following:
1718	1718	9 (1) Ensure that notification or attempted notification
1719	1719	10 of the student's parent or guardian is made.
1720	1720	11 (2) Document the time and manner in which the
1721	1721	12 notification or attempted notification under paragraph (1)
1722	1722	13 occurred.
1723	1723	14 (3) Make reasonable efforts to ensure that the
1724	1724	15 student's parent or guardian is present during the
1725	1725	16 questioning or, if the parent or guardian is not present,
1726	1726	17 ensure that school personnel, including, but not limited
1727	1727	18 to, a school social worker, a school psychologist, a
1728	1728	19 school nurse, a school counselor, or any other mental
1729	1729	20 health professional, are present during the questioning.
1730	1730	21 (4) If practicable, make reasonable efforts to ensure
1731	1731	22 that a law enforcement officer trained in promoting safe
1732	1732	23 interactions and communications with youth is present
1733	1733	24 during the questioning. An officer who received training
1734	1734	25 in youth investigations approved or certified by his or
1735	1735	26 her law enforcement agency or under Section 10.22 of the
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740
1741	1741	HB4216 - 47 - LRB103 32061 AWJ 60995 b
1742	1742
1743	1743
1744	1744	HB4216- 48 -LRB103 32061 AWJ 60995 b HB4216 - 48 - LRB103 32061 AWJ 60995 b
1745	1745	HB4216 - 48 - LRB103 32061 AWJ 60995 b
1746	1746	1 Police Training Act or a juvenile police officer, as
1747	1747	2 defined under Section 1-3 of the Juvenile Court Act of
1748	1748	3 1987, satisfies the requirement under this paragraph.
1749	1749	4 (c) This Section does not limit the authority of a law
1750	1750	5 enforcement officer to make an arrest on school grounds. This
1751	1751	6 Section does not apply to circumstances that would cause a
1752	1752	7 reasonable person to believe that urgent and immediate action
1753	1753	8 is necessary to do any of the following:
1754	1754	9 (1) Prevent bodily harm or injury to the student or
1755	1755	10 any other person.
1756	1756	11 (2) Apprehend an armed or fleeing suspect.
1757	1757	12 (3) Prevent the destruction of evidence.
1758	1758	13 (4) Address an emergency or other dangerous situation.
1759	1759	14 (Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21;
1760	1760	15 102-558, eff. 8-20-21.)
1761	1761	16 (105 ILCS 5/26A-20)
1762	1762	17 (This Section may contain text from a Public Act with a
1763	1763	18 delayed effective date)
1764	1764	19 Sec. 26A-20. Review and revision of policies and
1765	1765	20 procedures.
1766	1766	21 (a) No later than July 1, 2024 and every 2 years
1767	1767	22 thereafter, each school district must review all existing
1768	1768	23 policies and procedures and must revise any existing policies
1769	1769	24 and procedures that may act as a barrier to the immediate
1770	1770	25 enrollment and re-enrollment, attendance, graduation, and
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776	HB4216 - 48 - LRB103 32061 AWJ 60995 b
1777	1777
1778	1778
1779	1779	HB4216- 49 -LRB103 32061 AWJ 60995 b HB4216 - 49 - LRB103 32061 AWJ 60995 b
1780	1780	HB4216 - 49 - LRB103 32061 AWJ 60995 b
1781	1781	1 success in school of any student who is a student parent,
1782	1782	2 expectant student parent, or victim of domestic or sexual
1783	1783	3 violence or any policies or procedures that may compromise a
1784	1784	4 criminal investigation relating to domestic or sexual violence
1785	1785	5 or may re-victimize students. A school district must adopt new
1786	1786	6 policies and procedures, as needed, to implement this Section
1787	1787	7 and to ensure that immediate and effective steps are taken to
1788	1788	8 respond to students who are student parents, expectant
1789	1789	9 parents, or victims of domestic or sexual violence.
1790	1790	10 (b) A school district's policy must be consistent with the
1791	1791	11 model policy and procedures adopted by the State Board of
1792	1792	12 Education and under Public Act 101-531.
1793	1793	13 (c) A school district's policy on the procedures that a
1794	1794	14 student or his or her parent or guardian may follow if he or
1795	1795	15 she chooses to report an incident of alleged domestic or
1796	1796	16 sexual violence must, at a minimum, include all of the
1797	1797	17 following:
1798	1798	18 (1) The name and contact information for domestic or
1799	1799	19 sexual violence and parenting resource personnel, the
1800	1800	20 Title IX coordinator, school and school district resource
1801	1801	21 officers, safety officers, or security, and a
1802	1802	22 community-based domestic or sexual violence organization.
1803	1803	23 (2) The name, title, and contact information for
1804	1804	24 confidential resources and a description of what
1805	1805	25 confidential reporting means.
1806	1806	26 (3) An option for the student or the student's parent
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812	HB4216 - 49 - LRB103 32061 AWJ 60995 b
1813	1813
1814	1814
1815	1815	HB4216- 50 -LRB103 32061 AWJ 60995 b HB4216 - 50 - LRB103 32061 AWJ 60995 b
1816	1816	HB4216 - 50 - LRB103 32061 AWJ 60995 b
1817	1817	1 or guardian to electronically, anonymously, and
1818	1818	2 confidentially report the incident.
1819	1819	3 (4) An option for reports by third parties and
1820	1820	4 bystanders.
1821	1821	5 (5) Information regarding the various individuals,
1822	1822	6 departments, or organizations to whom a student may report
1823	1823	7 an incident of domestic or sexual violence, specifying for
1824	1824	8 each individual or entity (i) the extent of the
1825	1825	9 individual's or entity's reporting obligation to the
1826	1826	10 school's or school district's administration, Title IX
1827	1827	11 coordinator, or other personnel or entity, (ii) the
1828	1828	12 individual's or entity's ability to protect the student's
1829	1829	13 privacy, and (iii) the extent of the individual's or
1830	1830	14 entity's ability to have confidential communications with
1831	1831	15 the student or his or her parent or guardian.
1832	1832	16 (6) The adoption of a complaint resolution procedure
1833	1833	17 as provided in Section 26A-25.
1834	1834	18 (d) A school district must post its revised policies and
1835	1835	19 procedures on its website, distribute them at the beginning of
1836	1836	20 each school year to each student, and make copies available to
1837	1837	21 each student and his or her parent or guardian for inspection
1838	1838	22 and copying at no cost to the student or parent or guardian at
1839	1839	23 each school within a school district.
1840	1840	24 (Source: P.A. 102-466, eff. 7-1-25.)
1841	1841	25 (105 ILCS 5/27-23.7)
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847	HB4216 - 50 - LRB103 32061 AWJ 60995 b
1848	1848
1849	1849
1850	1850	HB4216- 51 -LRB103 32061 AWJ 60995 b HB4216 - 51 - LRB103 32061 AWJ 60995 b
1851	1851	HB4216 - 51 - LRB103 32061 AWJ 60995 b
1852	1852	1 Sec. 27-23.7. Bullying prevention.
1853	1853	2 (a) The General Assembly finds that a safe and civil
1854	1854	3 school environment is necessary for students to learn and
1855	1855	4 achieve and that bullying causes physical, psychological, and
1856	1856	5 emotional harm to students and interferes with students'
1857	1857	6 ability to learn and participate in school activities. The
1858	1858	7 General Assembly further finds that bullying has been linked
1859	1859	8 to other forms of antisocial behavior, such as vandalism,
1860	1860	9 shoplifting, skipping and dropping out of school, fighting,
1861	1861	10 using drugs and alcohol, sexual harassment, and sexual
1862	1862	11 violence. Because of the negative outcomes associated with
1863	1863	12 bullying in schools, the General Assembly finds that school
1864	1864	13 districts, charter schools, and non-public, non-sectarian
1865	1865	14 elementary and secondary schools should educate students,
1866	1866	15 parents, and school district, charter school, or non-public,
1867	1867	16 non-sectarian elementary or secondary school personnel about
1868	1868	17 what behaviors constitute prohibited bullying.
1869	1869	18 Bullying on the basis of actual or perceived race, color,
1870	1870	19 religion, sex, national origin, ancestry, age, marital status,
1871	1871	20 physical or mental disability, military status, sexual
1872	1872	21 orientation, gender-related identity or expression,
1873	1873	22 unfavorable discharge from military service, association with
1874	1874	23 a person or group with one or more of the aforementioned actual
1875	1875	24 or perceived characteristics, or any other distinguishing
1876	1876	25 characteristic is prohibited in all school districts, charter
1877	1877	26 schools, and non-public, non-sectarian elementary and
1878	1878
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883	HB4216 - 51 - LRB103 32061 AWJ 60995 b
1884	1884
1885	1885
1886	1886	HB4216- 52 -LRB103 32061 AWJ 60995 b HB4216 - 52 - LRB103 32061 AWJ 60995 b
1887	1887	HB4216 - 52 - LRB103 32061 AWJ 60995 b
1888	1888	1 secondary schools. No student shall be subjected to bullying:
1889	1889	2 (1) during any school-sponsored education program or
1890	1890	3 activity;
1891	1891	4 (2) while in school, on school property, on school
1892	1892	5 buses or other school vehicles, at designated school bus
1893	1893	6 stops waiting for the school bus, or at school-sponsored
1894	1894	7 or school-sanctioned events or activities;
1895	1895	8 (3) through the transmission of information from a
1896	1896	9 school computer, a school computer network, or other
1897	1897	10 similar electronic school equipment; or
1898	1898	11 (4) through the transmission of information from a
1899	1899	12 computer that is accessed at a nonschool-related location,
1900	1900	13 activity, function, or program or from the use of
1901	1901	14 technology or an electronic device that is not owned,
1902	1902	15 leased, or used by a school district or school if the
1903	1903	16 bullying causes a substantial disruption to the
1904	1904	17 educational process or orderly operation of a school. This
1905	1905	18 item (4) applies only in cases in which a school
1906	1906	19 administrator or teacher receives a report that bullying
1907	1907	20 through this means has occurred and does not require a
1908	1908	21 district or school to staff or monitor any
1909	1909	22 nonschool-related activity, function, or program.
1910	1910	23 (a-5) Nothing in this Section is intended to infringe upon
1911	1911	24 any right to exercise free expression or the free exercise of
1912	1912	25 religion or religiously based views protected under the First
1913	1913	26 Amendment to the United States Constitution or under Section 3
1914	1914
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919	HB4216 - 52 - LRB103 32061 AWJ 60995 b
1920	1920
1921	1921
1922	1922	HB4216- 53 -LRB103 32061 AWJ 60995 b HB4216 - 53 - LRB103 32061 AWJ 60995 b
1923	1923	HB4216 - 53 - LRB103 32061 AWJ 60995 b
1924	1924	1 of Article I of the Illinois Constitution.
1925	1925	2 (b) In this Section:
1926	1926	3 "Bullying" includes "cyber-bullying" and means any severe
1927	1927	4 or pervasive physical or verbal act or conduct, including
1928	1928	5 communications made in writing or electronically, directed
1929	1929	6 toward a student or students that has or can be reasonably
1930	1930	7 predicted to have the effect of one or more of the following:
1931	1931	8 (1) placing the student or students in reasonable fear
1932	1932	9 of harm to the student's or students' person or property;
1933	1933	10 (2) causing a substantially detrimental effect on the
1934	1934	11 student's or students' physical or mental health;
1935	1935	12 (3) substantially interfering with the student's or
1936	1936	13 students' academic performance; or
1937	1937	14 (4) substantially interfering with the student's or
1938	1938	15 students' ability to participate in or benefit from the
1939	1939	16 services, activities, or privileges provided by a school.
1940	1940	17 Bullying, as defined in this subsection (b), may take
1941	1941	18 various forms, including without limitation one or more of the
1942	1942	19 following: harassment, threats, intimidation, stalking,
1943	1943	20 physical violence, sexual harassment, sexual violence, theft,
1944	1944	21 public humiliation, destruction of property, or retaliation
1945	1945	22 for asserting or alleging an act of bullying. This list is
1946	1946	23 meant to be illustrative and non-exhaustive.
1947	1947	24 "Cyber-bullying" means bullying through the use of
1948	1948	25 technology or any electronic communication, including without
1949	1949	26 limitation any transfer of signs, signals, writing, images,
1950	1950
1951	1951
1952	1952
1953	1953
1954	1954
1955	1955	HB4216 - 53 - LRB103 32061 AWJ 60995 b
1956	1956
1957	1957
1958	1958	HB4216- 54 -LRB103 32061 AWJ 60995 b HB4216 - 54 - LRB103 32061 AWJ 60995 b
1959	1959	HB4216 - 54 - LRB103 32061 AWJ 60995 b
1960	1960	1 sounds, data, or intelligence of any nature transmitted in
1961	1961	2 whole or in part by a wire, radio, electromagnetic system,
1962	1962	3 photoelectronic system, or photooptical system, including
1963	1963	4 without limitation electronic mail, Internet communications,
1964	1964	5 instant messages, or facsimile communications.
1965	1965	6 "Cyber-bullying" includes the creation of a webpage or weblog
1966	1966	7 in which the creator assumes the identity of another person or
1967	1967	8 the knowing impersonation of another person as the author of
1968	1968	9 posted content or messages if the creation or impersonation
1969	1969	10 creates any of the effects enumerated in the definition of
1970	1970	11 bullying in this Section. "Cyber-bullying" also includes the
1971	1971	12 distribution by electronic means of a communication to more
1972	1972	13 than one person or the posting of material on an electronic
1973	1973	14 medium that may be accessed by one or more persons if the
1974	1974	15 distribution or posting creates any of the effects enumerated
1975	1975	16 in the definition of bullying in this Section.
1976	1976	17 "Policy on bullying" means a bullying prevention policy
1977	1977	18 that meets the following criteria:
1978	1978	19 (1) Includes the bullying definition provided in this
1979	1979	20 Section.
1980	1980	21 (2) Includes a statement that bullying is contrary to
1981	1981	22 State law and the policy of the school district, charter
1982	1982	23 school, or non-public, non-sectarian elementary or
1983	1983	24 secondary school and is consistent with subsection (a-5)
1984	1984	25 of this Section.
1985	1985	26 (3) Includes procedures for promptly reporting
1986	1986
1987	1987
1988	1988
1989	1989
1990	1990
1991	1991	HB4216 - 54 - LRB103 32061 AWJ 60995 b
1992	1992
1993	1993
1994	1994	HB4216- 55 -LRB103 32061 AWJ 60995 b HB4216 - 55 - LRB103 32061 AWJ 60995 b
1995	1995	HB4216 - 55 - LRB103 32061 AWJ 60995 b
1996	1996	1 bullying, including, but not limited to, identifying and
1997	1997	2 providing the school e-mail address (if applicable) and
1998	1998	3 school telephone number for the staff person or persons
1999	1999	4 responsible for receiving such reports and a procedure for
2000	2000	5 anonymous reporting; however, this shall not be construed
2001	2001	6 to permit formal disciplinary action solely on the basis
2002	2002	7 of an anonymous report.
2003	2003	8 (4) Consistent with federal and State laws and rules
2004	2004	9 governing student privacy rights, includes procedures for
2005	2005	10 promptly informing parents or guardians of all students
2006	2006	11 involved in the alleged incident of bullying and
2007	2007	12 discussing, as appropriate, the availability of social
2008	2008	13 work services, counseling, school psychological services,
2009	2009	14 other interventions, and restorative measures.
2010	2010	15 (5) Contains procedures for promptly investigating and
2011	2011	16 addressing reports of bullying, including the following:
2012	2012	17 (A) Making all reasonable efforts to complete the
2013	2013	18 investigation within 10 school days after the date the
2014	2014	19 report of the incident of bullying was received and
2015	2015	20 taking into consideration additional relevant
2016	2016	21 information received during the course of the
2017	2017	22 investigation about the reported incident of bullying.
2018	2018	23 (B) Involving appropriate school support personnel
2019	2019	24 and other staff persons with knowledge, experience,
2020	2020	25 and training on bullying prevention, as deemed
2021	2021	26 appropriate, in the investigation process.
2022	2022
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027	HB4216 - 55 - LRB103 32061 AWJ 60995 b
2028	2028
2029	2029
2030	2030	HB4216- 56 -LRB103 32061 AWJ 60995 b HB4216 - 56 - LRB103 32061 AWJ 60995 b
2031	2031	HB4216 - 56 - LRB103 32061 AWJ 60995 b
2032	2032	1 (C) Notifying the principal or school
2033	2033	2 administrator or his or her designee of the report of
2034	2034	3 the incident of bullying as soon as possible after the
2035	2035	4 report is received.
2036	2036	5 (D) Consistent with federal and State laws and
2037	2037	6 rules governing student privacy rights, providing
2038	2038	7 parents and guardians of the students who are parties
2039	2039	8 to the investigation information about the
2040	2040	9 investigation and an opportunity to meet with the
2041	2041	10 principal or school administrator or his or her
2042	2042	11 designee to discuss the investigation, the findings of
2043	2043	12 the investigation, and the actions taken to address
2044	2044	13 the reported incident of bullying.
2045	2045	14 (6) Includes the interventions that can be taken to
2046	2046	15 address bullying, which may include, but are not limited
2047	2047	16 to, school social work services, restorative measures,
2048	2048	17 social-emotional skill building, counseling, school
2049	2049	18 psychological services, and community-based services.
2050	2050	19 (7) Includes a statement prohibiting reprisal or
2051	2051	20 retaliation against any person who reports an act of
2052	2052	21 bullying and the consequences and appropriate remedial
2053	2053	22 actions for a person who engages in reprisal or
2054	2054	23 retaliation.
2055	2055	24 (8) Includes consequences and appropriate remedial
2056	2056	25 actions for a person found to have falsely accused another
2057	2057	26 of bullying as a means of retaliation or as a means of
2058	2058
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063	HB4216 - 56 - LRB103 32061 AWJ 60995 b
2064	2064
2065	2065
2066	2066	HB4216- 57 -LRB103 32061 AWJ 60995 b HB4216 - 57 - LRB103 32061 AWJ 60995 b
2067	2067	HB4216 - 57 - LRB103 32061 AWJ 60995 b
2068	2068	1 bullying.
2069	2069	2 (9) Is based on the engagement of a range of school
2070	2070	3 stakeholders, including students and parents or guardians.
2071	2071	4 (10) Is posted on the school district's, charter
2072	2072	5 school's, or non-public, non-sectarian elementary or
2073	2073	6 secondary school's existing Internet website, is included
2074	2074	7 in the student handbook, and, where applicable, posted
2075	2075	8 where other policies, rules, and standards of conduct are
2076	2076	9 currently posted in the school and provided periodically
2077	2077	10 throughout the school year to students and faculty, and is
2078	2078	11 distributed annually to parents, guardians, students, and
2079	2079	12 school personnel, including new employees when hired.
2080	2080	13 (11) As part of the process of reviewing and
2081	2081	14 re-evaluating the policy under subsection (d) of this
2082	2082	15 Section, contains a policy evaluation process to assess
2083	2083	16 the outcomes and effectiveness of the policy that
2084	2084	17 includes, but is not limited to, factors such as the
2085	2085	18 frequency of victimization; student, staff, and family
2086	2086	19 observations of safety at a school; identification of
2087	2087	20 areas of a school where bullying occurs; the types of
2088	2088	21 bullying utilized; and bystander intervention or
2089	2089	22 participation. The school district, charter school, or
2090	2090	23 non-public, non-sectarian elementary or secondary school
2091	2091	24 may use relevant data and information it already collects
2092	2092	25 for other purposes in the policy evaluation. The
2093	2093	26 information developed as a result of the policy evaluation
2094	2094
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099	HB4216 - 57 - LRB103 32061 AWJ 60995 b
2100	2100
2101	2101
2102	2102	HB4216- 58 -LRB103 32061 AWJ 60995 b HB4216 - 58 - LRB103 32061 AWJ 60995 b
2103	2103	HB4216 - 58 - LRB103 32061 AWJ 60995 b
2104	2104	1 must be made available on the Internet website of the
2105	2105	2 school district, charter school, or non-public,
2106	2106	3 non-sectarian elementary or secondary school. If an
2107	2107	4 Internet website is not available, the information must be
2108	2108	5 provided to school administrators, school board members,
2109	2109	6 school personnel, parents, guardians, and students.
2110	2110	7 (12) Is consistent with the policies of the school
2111	2111	8 board, charter school, or non-public, non-sectarian
2112	2112	9 elementary or secondary school.
2113	2113	10 "Restorative measures" means a continuum of school-based
2114	2114	11 alternatives to exclusionary discipline, such as suspensions
2115	2115	12 and expulsions, that: (i) are adapted to the particular needs
2116	2116	13 of the school and community, (ii) contribute to maintaining
2117	2117	14 school safety, (iii) protect the integrity of a positive and
2118	2118	15 productive learning climate, (iv) teach students the personal
2119	2119	16 and interpersonal skills they will need to be successful in
2120	2120	17 school and society, (v) serve to build and restore
2121	2121	18 relationships among students, families, schools, and
2122	2122	19 communities, (vi) reduce the likelihood of future disruption
2123	2123	20 by balancing accountability with an understanding of students'
2124	2124	21 behavioral health needs in order to keep students in school,
2125	2125	22 and (vii) increase student accountability if the incident of
2126	2126	23 bullying is based on religion, race, ethnicity, or any other
2127	2127	24 category that is identified in the Illinois Human Rights Act.
2128	2128	25 "School personnel" means persons employed by, on contract
2129	2129	26 with, or who volunteer in a school district, charter school,
2130	2130
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135	HB4216 - 58 - LRB103 32061 AWJ 60995 b
2136	2136
2137	2137
2138	2138	HB4216- 59 -LRB103 32061 AWJ 60995 b HB4216 - 59 - LRB103 32061 AWJ 60995 b
2139	2139	HB4216 - 59 - LRB103 32061 AWJ 60995 b
2140	2140	1 or non-public, non-sectarian elementary or secondary school,
2141	2141	2 including without limitation school and school district
2142	2142	3 administrators, teachers, school social workers, school
2143	2143	4 counselors, school psychologists, school nurses, cafeteria
2144	2144	5 workers, custodians, bus drivers, school resource officers,
2145	2145	6 school safety officers, and security guards.
2146	2146	7 (c) (Blank).
2147	2147	8 (d) Each school district, charter school, and non-public,
2148	2148	9 non-sectarian elementary or secondary school shall create,
2149	2149	10 maintain, and implement a policy on bullying, which policy
2150	2150	11 must be filed with the State Board of Education. The policy or
2151	2151	12 implementing procedure shall include a process to investigate
2152	2152	13 whether a reported act of bullying is within the permissible
2153	2153	14 scope of the district's or school's jurisdiction and shall
2154	2154	15 require that the district or school provide the victim with
2155	2155	16 information regarding services that are available within the
2156	2156	17 district and community, such as counseling, support services,
2157	2157	18 and other programs. School personnel available for help with a
2158	2158	19 bully or to make a report about bullying shall be made known to
2159	2159	20 parents or legal guardians, students, and school personnel.
2160	2160	21 Every 2 years, each school district, charter school, and
2161	2161	22 non-public, non-sectarian elementary or secondary school shall
2162	2162	23 conduct a review and re-evaluation of its policy and make any
2163	2163	24 necessary and appropriate revisions. No later than September
2164	2164	25 30 of the subject year, the policy must be filed with the State
2165	2165	26 Board of Education after being updated. The State Board of
2166	2166
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171	HB4216 - 59 - LRB103 32061 AWJ 60995 b
2172	2172
2173	2173
2174	2174	HB4216- 60 -LRB103 32061 AWJ 60995 b HB4216 - 60 - LRB103 32061 AWJ 60995 b
2175	2175	HB4216 - 60 - LRB103 32061 AWJ 60995 b
2176	2176	1 Education shall monitor and provide technical support for the
2177	2177	2 implementation of policies created under this subsection (d).
2178	2178	3 In monitoring the implementation of the policies, the State
2179	2179	4 Board of Education shall review each filed policy on bullying
2180	2180	5 to ensure all policies meet the requirements set forth in this
2181	2181	6 Section, including ensuring that each policy meets the 12
2182	2182	7 criterion identified within the definition of "policy on
2183	2183	8 bullying" set forth in this Section.
2184	2184	9 If a school district, charter school, or non-public,
2185	2185	10 non-sectarian elementary or secondary school fails to file a
2186	2186	11 policy on bullying by September 30 of the subject year, the
2187	2187	12 State Board of Education shall provide a written request for
2188	2188	13 filing to the school district, charter school, or non-public,
2189	2189	14 non-sectarian elementary or secondary school. If a school
2190	2190	15 district, charter school, or non-public, non-sectarian
2191	2191	16 elementary or secondary school fails to file a policy on
2192	2192	17 bullying within 14 days of receipt of the aforementioned
2193	2193	18 written request, the State Board of Education shall publish
2194	2194	19 notice of the non-compliance on the State Board of Education's
2195	2195	20 website.
2196	2196	21 (e) This Section shall not be interpreted to prevent a
2197	2197	22 victim from seeking redress under any other available civil or
2198	2198	23 criminal law.
2199	2199	24 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
2200	2200	25 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
2201	2201
2202	2202
2203	2203
2204	2204
2205	2205
2206	2206	HB4216 - 60 - LRB103 32061 AWJ 60995 b
2207	2207
2208	2208
2209	2209	HB4216- 61 -LRB103 32061 AWJ 60995 b HB4216 - 61 - LRB103 32061 AWJ 60995 b
2210	2210	HB4216 - 61 - LRB103 32061 AWJ 60995 b
2211	2211	1 (105 ILCS 5/34-18.57)
2212	2212	2 Sec. 34-18.57. Booking stations on school grounds.
2213	2213	3 (a) There shall be no student booking station established
2214	2214	4 or maintained on the grounds of any school.
2215	2215	5 (b) This prohibition shall be applied to student booking
2216	2216	6 stations only, as defined in this Section. The prohibition
2217	2217	7 does not prohibit or affect the establishment or maintenance
2218	2218	8 of any place operated by or under the control of law
2219	2219	9 enforcement personnel, school resource officers, school safety
2220	2220	10 officers, or other security personnel that does not also
2221	2221	11 qualify as a student booking station as defined in paragraph
2222	2222	12 (2) of subsection (d) of this Section. The prohibition does
2223	2223	13 not affect or limit the powers afforded law enforcement
2224	2224	14 officers to perform their duties within schools as otherwise
2225	2225	15 prescribed by law.
2226	2226	16 (c) When the underlying suspected or alleged criminal act
2227	2227	17 is an act of violence, and isolation of a student or students
2228	2228	18 is deemed necessary to the interest of public safety, and no
2229	2229	19 other location is adequate for secure isolation of the student
2230	2230	20 or students, offices as described in paragraph (1) of
2231	2231	21 subsection (d) of this Section may be employed to detain
2232	2232	22 students for a period no longer than that required to
2233	2233	23 alleviate that threat to public safety.
2234	2234	24 (d) As used in this Section, "student booking station"
2235	2235	25 means a building, office, room, or any indefinitely
2236	2236	26 established space or site, mobile or fixed, which operates
2237	2237
2238	2238
2239	2239
2240	2240
2241	2241
2242	2242	HB4216 - 61 - LRB103 32061 AWJ 60995 b
2243	2243
2244	2244
2245	2245	HB4216- 62 -LRB103 32061 AWJ 60995 b HB4216 - 62 - LRB103 32061 AWJ 60995 b
2246	2246	HB4216 - 62 - LRB103 32061 AWJ 60995 b
2247	2247	1 concurrently as:
2248	2248	2 (1) predominantly or regularly a place of operation
2249	2249	3 for a municipal police department, county sheriff
2250	2250	4 department, or other law enforcement agency, or under the
2251	2251	5 primary control thereof; and
2252	2252	6 (2) a site at which students are detained in
2253	2253	7 connection with criminal charges or allegations against
2254	2254	8 those students, taken into custody, or engaged with law
2255	2255	9 enforcement personnel in any process that creates a law
2256	2256	10 enforcement record of that contact with law enforcement
2257	2257	11 personnel or processes.
2258	2258	12 (Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
2259	2259	13 Section 95. No acceleration or delay. Where this Act makes
2260	2260	14 changes in a statute that is represented in this Act by text
2261	2261	15 that is not yet or no longer in effect (for example, a Section
2262	2262	16 represented by multiple versions), the use of that text does
2263	2263	17 not accelerate or delay the taking effect of (i) the changes
2264	2264	18 made by this Act or (ii) provisions derived from any other
2265	2265	19 Public Act.
2266	2266	20 Section 99. Effective date. This Act takes effect upon
2267	2267	21 becoming law.
2268	2268
2269	2269
2270	2270
2271	2271
2272	2272
2273	2273	HB4216 - 62 - LRB103 32061 AWJ 60995 b