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
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
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
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A BILL FOR
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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended by
5 changing Section 10.2 and by adding Section 10.25 as follows:
6 (50 ILCS 705/10.2)
7 Sec. 10.2. Criminal background investigations.
8 (a) On and after March 14, 2002 (the effective date of
9 Public Act 92-533), an applicant for employment as a peace
10 officer or school safety officer, or for annual certification
11 as a retired law enforcement officer qualified under federal
12 law to carry a concealed weapon, shall authorize an
13 investigation to determine if the applicant has been convicted
14 of any criminal offense that disqualifies the person as a
15 peace officer or school safety officer.
16 (b) No law enforcement agency may knowingly employ a
17 person, or certify a retired law enforcement officer qualified
18 under federal law to carry a concealed weapon, unless (i) a
19 criminal background investigation of that person has been
20 completed and (ii) that investigation reveals no convictions
21 of or pleas of guilty to offenses specified in subsection (a)
22 of Section 6.1 of this Act.
23 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
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
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
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A BILL FOR
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
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1 102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
2 (50 ILCS 705/10.25 new)
3 Sec. 10.25. School safety officers.
4 (a) The Board shall develop a course for school safety
5 officers, as defined in Section 10-20.85 of the School Code.
6 (b) The school safety officer course shall be developed
7 within one year after the effective date of this amendatory
8 Act of the 103rd General Assembly and shall be created in
9 consultation with organizations demonstrating expertise and or
10 experience in the areas of youth and adolescent developmental
11 issues, educational administrative issues, prevention of child
12 abuse and exploitation, youth mental health treatment, and
13 juvenile advocacy.
14 Training shall include de-escalation, use of force, mental
15 health awareness and response, officer wellness, reporting
16 child abuse and neglect, and cultural competency. The training
17 shall also include a separate firearm certification course.
18 (c) The Board shall develop a process allowing school
19 boards to request a waiver of this training requirement,
20 except for the firearm certification course, for an individual
21 who would be assigned as a school safety officer. Applications
22 for these waivers may be submitted by a school board for any
23 officer whose prior training and experience may qualify for a
24 waiver of the training requirement of this subsection. The
25 Board may issue a waiver at its discretion, based solely on the
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1 prior training and experience of an officer.
2 (d) Upon completion, the school board shall be issued a
3 certificate attesting to a specific officer's completion of
4 the school safety officer training and a separate
5 certification for completion of the firearm certification
6 course. Additionally, a letter of approval shall be issued to
7 the school board for any officer who is approved for a training
8 waiver under this subsection.
9 (e) The Board may adopt rules to implement this Section.
10 Section 10. The Law Enforcement Officer-Worn Body Camera
11 Act is amended by changing Section 10-15 as follows:
12 (50 ILCS 706/10-15)
13 Sec. 10-15. Applicability.
14 (a) All law enforcement agencies must employ the use of
15 officer-worn body cameras in accordance with the provisions of
16 this Act, whether or not the agency receives or has received
17 monies from the Law Enforcement Camera Grant Fund.
18 (b) Except as provided in subsection (b-5), all law
19 enforcement agencies must implement the use of body cameras
20 for all law enforcement officers, according to the following
21 schedule:
22 (1) for municipalities and counties with populations
23 of 500,000 or more, body cameras shall be implemented by
24 January 1, 2022;
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1 (2) for municipalities and counties with populations
2 of 100,000 or more but under 500,000, body cameras shall
3 be implemented by January 1, 2023;
4 (3) for municipalities and counties with populations
5 of 50,000 or more but under 100,000, body cameras shall be
6 implemented by January 1, 2024;
7 (4) for municipalities and counties under 50,000, body
8 cameras shall be implemented by January 1, 2025; and
9 (5) for all State agencies with law enforcement
10 officers and other remaining law enforcement agencies,
11 body cameras shall be implemented by January 1, 2025.
12 (b-5) If a law enforcement agency that serves a
13 municipality with a population of at least 100,000 but not
14 more than 500,000 or a law enforcement agency that serves a
15 county with a population of at least 100,000 but not more than
16 500,000 has ordered by October 1, 2022 or purchased by that
17 date officer-worn body cameras for use by the law enforcement
18 agency, then the law enforcement agency may implement the use
19 of body cameras for all of its law enforcement officers by no
20 later than July 1, 2023. Records of purchase within this
21 timeline shall be submitted to the Illinois Law Enforcement
22 Training Standards Board by January 1, 2023.
23 (c) A law enforcement agency's compliance with the
24 requirements under this Section shall receive preference by
25 the Illinois Law Enforcement Training Standards Board in
26 awarding grant funding under the Law Enforcement Camera Grant
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1 Act.
2 (d) This Section does not apply to court security
3 officers, State's Attorney investigators, and Attorney General
4 investigators. This Section does not apply to a school safety
5 officer if a school board does not require the officer to wear
6 an officer-worn body camera.
7 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
8 102-1104, eff. 12-6-22.)
9 Section 15. The School Code is amended by changing
10 Sections 10-20.64, 10-22.6, 17-2.11, 22-85, 22-88, 26A-20,
11 27-23.7, and 34-18.57 and by adding Section 10-20.85 as
12 follows:
13 (105 ILCS 5/10-20.64)
14 Sec. 10-20.64. Booking stations on school grounds.
15 (a) There shall be no student booking station established
16 or maintained on the grounds of any school.
17 (b) This prohibition shall be applied to student booking
18 stations only, as defined in this Section. The prohibition
19 does not prohibit or affect the establishment or maintenance
20 of any place operated by or under the control of law
21 enforcement personnel, school resource officers, school safety
22 officers, or other security personnel that does not also
23 qualify as a student booking station as defined in paragraph
24 (2) of subsection (d) of this Section. The prohibition does
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1 not affect or limit the powers afforded law enforcement
2 officers to perform their duties within schools as otherwise
3 prescribed by law.
4 (c) When the underlying suspected or alleged criminal act
5 is an act of violence, and isolation of a student or students
6 is deemed necessary to the interest of public safety, and no
7 other location is adequate for secure isolation of the student
8 or students, offices as described in paragraph (1) of
9 subsection (d) of this Section may be employed to detain
10 students for a period no longer than that required to
11 alleviate that threat to public safety.
12 (d) As used in this Section, "student booking station"
13 means a building, office, room, or any indefinitely
14 established space or site, mobile or fixed, which operates
15 concurrently as:
16 (1) predominantly or regularly a place of operation
17 for a municipal police department, county sheriff
18 department, or other law enforcement agency, or under the
19 primary control thereof; and
20 (2) a site at which students are detained in
21 connection with criminal charges or allegations against
22 those students, taken into custody, or engaged with law
23 enforcement personnel in any process that creates a law
24 enforcement record of that contact with law enforcement
25 personnel or processes.
26 (Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
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1 (105 ILCS 5/10-20.85 new)
2 Sec. 10-20.85. School safety officers.
3 (a) In this Section, "school safety officer" means a
4 retired law enforcement officer who has been hired by a school
5 district to perform security services.
6 (b) Beginning January 1, 2025, a school district may
7 employ a school safety officer with jurisdiction only on
8 school grounds. Prior to beginning employment, the school
9 safety officer must provide the school district a certificate
10 of completion or approved waiver issued by the Illinois Law
11 Enforcement Training Standards Board under Section 10.25 of
12 the Illinois Police Training Act.
13 (c) A school safety officer shall wear a uniform that
14 clearly identifies the officer as a school safety officer. A
15 school district may issue a badge for school safety officers,
16 but the badge must clearly state that the individual is a
17 school safety officer and indicate the school to which the
18 officer is assigned.
19 (d) A school safety officer may detain a person when the
20 officer has reasonable suspicion to believe that an offense,
21 other than an ordinance violation, is being committed and
22 until an arrest by a law enforcement agency or administrative
23 action by the school.
24 (e) A school safety officer may carry a firearm as long as
25 the officer received firearm certification under Section 10.25
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1 of the Illinois Police Training Act.
2 (f) A school board may require a school safety officer to
3 wear an officer-worn body camera when on duty.
4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5 (Text of Section before amendment by P.A. 102-466)
6 Sec. 10-22.6. Suspension or expulsion of pupils; school
7 searches.
8 (a) To expel pupils guilty of gross disobedience or
9 misconduct, including gross disobedience or misconduct
10 perpetuated by electronic means, pursuant to subsection (b-20)
11 of this Section, and no action shall lie against them for such
12 expulsion. Expulsion shall take place only after the parents
13 have been requested to appear at a meeting of the board, or
14 with a hearing officer appointed by it, to discuss their
15 child's behavior. Such request shall be made by registered or
16 certified mail and shall state the time, place and purpose of
17 the meeting. The board, or a hearing officer appointed by it,
18 at such meeting shall state the reasons for dismissal and the
19 date on which the expulsion is to become effective. If a
20 hearing officer is appointed by the board, he shall report to
21 the board a written summary of the evidence heard at the
22 meeting and the board may take such action thereon as it finds
23 appropriate. If the board acts to expel a pupil, the written
24 expulsion decision shall detail the specific reasons why
25 removing the pupil from the learning environment is in the
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1 best interest of the school. The expulsion decision shall also
2 include a rationale as to the specific duration of the
3 expulsion. An expelled pupil may be immediately transferred to
4 an alternative program in the manner provided in Article 13A
5 or 13B of this Code. A pupil must not be denied transfer
6 because of the expulsion, except in cases in which such
7 transfer is deemed to cause a threat to the safety of students
8 or staff in the alternative program.
9 (b) To suspend or by policy to authorize the
10 superintendent of the district or the principal, assistant
11 principal, or dean of students of any school to suspend pupils
12 guilty of gross disobedience or misconduct, or to suspend
13 pupils guilty of gross disobedience or misconduct on the
14 school bus from riding the school bus, pursuant to subsections
15 (b-15) and (b-20) of this Section, and no action shall lie
16 against them for such suspension. The board may by policy
17 authorize the superintendent of the district or the principal,
18 assistant principal, or dean of students of any school to
19 suspend pupils guilty of such acts for a period not to exceed
20 10 school days. If a pupil is suspended due to gross
21 disobedience or misconduct on a school bus, the board may
22 suspend the pupil in excess of 10 school days for safety
23 reasons.
24 Any suspension shall be reported immediately to the
25 parents or guardian of a pupil along with a full statement of
26 the reasons for such suspension and a notice of their right to
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1 a review. The school board must be given a summary of the
2 notice, including the reason for the suspension and the
3 suspension length. Upon request of the parents or guardian,
4 the school board or a hearing officer appointed by it shall
5 review such action of the superintendent or principal,
6 assistant principal, or dean of students. At such review, the
7 parents or guardian of the pupil may appear and discuss the
8 suspension with the board or its hearing officer. If a hearing
9 officer is appointed by the board, he shall report to the board
10 a written summary of the evidence heard at the meeting. After
11 its hearing or upon receipt of the written report of its
12 hearing officer, the board may take such action as it finds
13 appropriate. If a student is suspended pursuant to this
14 subsection (b), the board shall, in the written suspension
15 decision, detail the specific act of gross disobedience or
16 misconduct resulting in the decision to suspend. The
17 suspension decision shall also include a rationale as to the
18 specific duration of the suspension. A pupil who is suspended
19 in excess of 20 school days may be immediately transferred to
20 an alternative program in the manner provided in Article 13A
21 or 13B of this Code. A pupil must not be denied transfer
22 because of the suspension, except in cases in which such
23 transfer is deemed to cause a threat to the safety of students
24 or staff in the alternative program.
25 (b-5) Among the many possible disciplinary interventions
26 and consequences available to school officials, school
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1 exclusions, such as out-of-school suspensions and expulsions,
2 are the most serious. School officials shall limit the number
3 and duration of expulsions and suspensions to the greatest
4 extent practicable, and it is recommended that they use them
5 only for legitimate educational purposes. To ensure that
6 students are not excluded from school unnecessarily, it is
7 recommended that school officials consider forms of
8 non-exclusionary discipline prior to using out-of-school
9 suspensions or expulsions.
10 (b-10) Unless otherwise required by federal law or this
11 Code, school boards may not institute zero-tolerance policies
12 by which school administrators are required to suspend or
13 expel students for particular behaviors.
14 (b-15) Out-of-school suspensions of 3 days or less may be
15 used only if the student's continuing presence in school would
16 pose a threat to school safety or a disruption to other
17 students' learning opportunities. For purposes of this
18 subsection (b-15), "threat to school safety or a disruption to
19 other students' learning opportunities" shall be determined on
20 a case-by-case basis by the school board or its designee.
21 School officials shall make all reasonable efforts to resolve
22 such threats, address such disruptions, and minimize the
23 length of suspensions to the greatest extent practicable.
24 (b-20) Unless otherwise required by this Code,
25 out-of-school suspensions of longer than 3 days, expulsions,
26 and disciplinary removals to alternative schools may be used
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1 only if other appropriate and available behavioral and
2 disciplinary interventions have been exhausted and the
3 student's continuing presence in school would either (i) pose
4 a threat to the safety of other students, staff, or members of
5 the school community or (ii) substantially disrupt, impede, or
6 interfere with the operation of the school. For purposes of
7 this subsection (b-20), "threat to the safety of other
8 students, staff, or members of the school community" and
9 "substantially disrupt, impede, or interfere with the
10 operation of the school" shall be determined on a case-by-case
11 basis by school officials. For purposes of this subsection
12 (b-20), the determination of whether "appropriate and
13 available behavioral and disciplinary interventions have been
14 exhausted" shall be made by school officials. School officials
15 shall make all reasonable efforts to resolve such threats,
16 address such disruptions, and minimize the length of student
17 exclusions to the greatest extent practicable. Within the
18 suspension decision described in subsection (b) of this
19 Section or the expulsion decision described in subsection (a)
20 of this Section, it shall be documented whether other
21 interventions were attempted or whether it was determined that
22 there were no other appropriate and available interventions.
23 (b-25) Students who are suspended out-of-school for longer
24 than 4 school days shall be provided appropriate and available
25 support services during the period of their suspension. For
26 purposes of this subsection (b-25), "appropriate and available
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1 support services" shall be determined by school authorities.
2 Within the suspension decision described in subsection (b) of
3 this Section, it shall be documented whether such services are
4 to be provided or whether it was determined that there are no
5 such appropriate and available services.
6 A school district may refer students who are expelled to
7 appropriate and available support services.
8 A school district shall create a policy to facilitate the
9 re-engagement of students who are suspended out-of-school,
10 expelled, or returning from an alternative school setting.
11 (b-30) A school district shall create a policy by which
12 suspended pupils, including those pupils suspended from the
13 school bus who do not have alternate transportation to school,
14 shall have the opportunity to make up work for equivalent
15 academic credit. It shall be the responsibility of a pupil's
16 parent or guardian to notify school officials that a pupil
17 suspended from the school bus does not have alternate
18 transportation to school.
19 (c) A school board must invite a representative from a
20 local mental health agency to consult with the board at the
21 meeting whenever there is evidence that mental illness may be
22 the cause of a student's expulsion or suspension.
23 (c-5) School districts shall make reasonable efforts to
24 provide ongoing professional development to teachers,
25 administrators, school board members, school resource
26 officers, school safety officers, and staff on the adverse
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1 consequences of school exclusion and justice-system
2 involvement, effective classroom management strategies,
3 culturally responsive discipline, the appropriate and
4 available supportive services for the promotion of student
5 attendance and engagement, and developmentally appropriate
6 disciplinary methods that promote positive and healthy school
7 climates.
8 (d) The board may expel a student for a definite period of
9 time not to exceed 2 calendar years, as determined on a
10 case-by-case basis. A student who is determined to have
11 brought one of the following objects to school, any
12 school-sponsored activity or event, or any activity or event
13 that bears a reasonable relationship to school shall be
14 expelled for a period of not less than one year:
15 (1) A firearm. For the purposes of this Section,
16 "firearm" means any gun, rifle, shotgun, weapon as defined
17 by Section 921 of Title 18 of the United States Code,
18 firearm as defined in Section 1.1 of the Firearm Owners
19 Identification Card Act, or firearm as defined in Section
20 24-1 of the Criminal Code of 2012. The expulsion period
21 under this subdivision (1) may be modified by the
22 superintendent, and the superintendent's determination may
23 be modified by the board on a case-by-case basis.
24 (2) A knife, brass knuckles or other knuckle weapon
25 regardless of its composition, a billy club, or any other
26 object if used or attempted to be used to cause bodily
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1 harm, including "look alikes" of any firearm as defined in
2 subdivision (1) of this subsection (d). The expulsion
3 requirement under this subdivision (2) may be modified by
4 the superintendent, and the superintendent's determination
5 may be modified by the board on a case-by-case basis.
6 Expulsion or suspension shall be construed in a manner
7 consistent with the federal Individuals with Disabilities
8 Education Act. A student who is subject to suspension or
9 expulsion as provided in this Section may be eligible for a
10 transfer to an alternative school program in accordance with
11 Article 13A of the School Code.
12 (d-5) The board may suspend or by regulation authorize the
13 superintendent of the district or the principal, assistant
14 principal, or dean of students of any school to suspend a
15 student for a period not to exceed 10 school days or may expel
16 a student for a definite period of time not to exceed 2
17 calendar years, as determined on a case-by-case basis, if (i)
18 that student has been determined to have made an explicit
19 threat on an Internet website against a school employee, a
20 student, or any school-related personnel, (ii) the Internet
21 website through which the threat was made is a site that was
22 accessible within the school at the time the threat was made or
23 was available to third parties who worked or studied within
24 the school grounds at the time the threat was made, and (iii)
25 the threat could be reasonably interpreted as threatening to
26 the safety and security of the threatened individual because
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1 of his or her duties or employment status or status as a
2 student inside the school.
3 (e) To maintain order and security in the schools, school
4 authorities may inspect and search places and areas such as
5 lockers, desks, parking lots, and other school property and
6 equipment owned or controlled by the school, as well as
7 personal effects left in those places and areas by students,
8 without notice to or the consent of the student, and without a
9 search warrant. As a matter of public policy, the General
10 Assembly finds that students have no reasonable expectation of
11 privacy in these places and areas or in their personal effects
12 left in these places and areas. School authorities may request
13 the assistance of law enforcement officials for the purpose of
14 conducting inspections and searches of lockers, desks, parking
15 lots, and other school property and equipment owned or
16 controlled by the school for illegal drugs, weapons, or other
17 illegal or dangerous substances or materials, including
18 searches conducted through the use of specially trained dogs.
19 If a search conducted in accordance with this Section produces
20 evidence that the student has violated or is violating either
21 the law, local ordinance, or the school's policies or rules,
22 such evidence may be seized by school authorities, and
23 disciplinary action may be taken. School authorities may also
24 turn over such evidence to law enforcement authorities.
25 (f) Suspension or expulsion may include suspension or
26 expulsion from school and all school activities and a
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1 prohibition from being present on school grounds.
2 (g) A school district may adopt a policy providing that if
3 a student is suspended or expelled for any reason from any
4 public or private school in this or any other state, the
5 student must complete the entire term of the suspension or
6 expulsion in an alternative school program under Article 13A
7 of this Code or an alternative learning opportunities program
8 under Article 13B of this Code before being admitted into the
9 school district if there is no threat to the safety of students
10 or staff in the alternative program.
11 (h) School officials shall not advise or encourage
12 students to drop out voluntarily due to behavioral or academic
13 difficulties.
14 (i) A student may not be issued a monetary fine or fee as a
15 disciplinary consequence, though this shall not preclude
16 requiring a student to provide restitution for lost, stolen,
17 or damaged property.
18 (j) Subsections (a) through (i) of this Section shall
19 apply to elementary and secondary schools, charter schools,
20 special charter districts, and school districts organized
21 under Article 34 of this Code.
22 (k) The expulsion of children enrolled in programs funded
23 under Section 1C-2 of this Code is subject to the requirements
24 under paragraph (7) of subsection (a) of Section 2-3.71 of
25 this Code.
26 (l) Beginning with the 2018-2019 school year, an in-school
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1 suspension program provided by a school district for any
2 students in kindergarten through grade 12 may focus on
3 promoting non-violent conflict resolution and positive
4 interaction with other students and school personnel. A school
5 district may employ a school social worker or a licensed
6 mental health professional to oversee an in-school suspension
7 program in kindergarten through grade 12.
8 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
9 102-813, eff. 5-13-22.)
10 (Text of Section after amendment by P.A. 102-466)
11 Sec. 10-22.6. Suspension or expulsion of pupils; school
12 searches.
13 (a) To expel pupils guilty of gross disobedience or
14 misconduct, including gross disobedience or misconduct
15 perpetuated by electronic means, pursuant to subsection (b-20)
16 of this Section, and no action shall lie against them for such
17 expulsion. Expulsion shall take place only after the parents
18 or guardians have been requested to appear at a meeting of the
19 board, or with a hearing officer appointed by it, to discuss
20 their child's behavior. Such request shall be made by
21 registered or certified mail and shall state the time, place
22 and purpose of the meeting. The board, or a hearing officer
23 appointed by it, at such meeting shall state the reasons for
24 dismissal and the date on which the expulsion is to become
25 effective. If a hearing officer is appointed by the board, he
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1 shall report to the board a written summary of the evidence
2 heard at the meeting and the board may take such action thereon
3 as it finds appropriate. If the board acts to expel a pupil,
4 the written expulsion decision shall detail the specific
5 reasons why removing the pupil from the learning environment
6 is in the best interest of the school. The expulsion decision
7 shall also include a rationale as to the specific duration of
8 the expulsion. An expelled pupil may be immediately
9 transferred to an alternative program in the manner provided
10 in Article 13A or 13B of this Code. A pupil must not be denied
11 transfer because of the expulsion, except in cases in which
12 such transfer is deemed to cause a threat to the safety of
13 students or staff in the alternative program.
14 (b) To suspend or by policy to authorize the
15 superintendent of the district or the principal, assistant
16 principal, or dean of students of any school to suspend pupils
17 guilty of gross disobedience or misconduct, or to suspend
18 pupils guilty of gross disobedience or misconduct on the
19 school bus from riding the school bus, pursuant to subsections
20 (b-15) and (b-20) of this Section, and no action shall lie
21 against them for such suspension. The board may by policy
22 authorize the superintendent of the district or the principal,
23 assistant principal, or dean of students of any school to
24 suspend pupils guilty of such acts for a period not to exceed
25 10 school days. If a pupil is suspended due to gross
26 disobedience or misconduct on a school bus, the board may
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1 suspend the pupil in excess of 10 school days for safety
2 reasons.
3 Any suspension shall be reported immediately to the
4 parents or guardians of a pupil along with a full statement of
5 the reasons for such suspension and a notice of their right to
6 a review. The school board must be given a summary of the
7 notice, including the reason for the suspension and the
8 suspension length. Upon request of the parents or guardians,
9 the school board or a hearing officer appointed by it shall
10 review such action of the superintendent or principal,
11 assistant principal, or dean of students. At such review, the
12 parents or guardians of the pupil may appear and discuss the
13 suspension with the board or its hearing officer. If a hearing
14 officer is appointed by the board, he shall report to the board
15 a written summary of the evidence heard at the meeting. After
16 its hearing or upon receipt of the written report of its
17 hearing officer, the board may take such action as it finds
18 appropriate. If a student is suspended pursuant to this
19 subsection (b), the board shall, in the written suspension
20 decision, detail the specific act of gross disobedience or
21 misconduct resulting in the decision to suspend. The
22 suspension decision shall also include a rationale as to the
23 specific duration of the suspension. A pupil who is suspended
24 in excess of 20 school days may be immediately transferred to
25 an alternative program in the manner provided in Article 13A
26 or 13B of this Code. A pupil must not be denied transfer
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1 because of the suspension, except in cases in which such
2 transfer is deemed to cause a threat to the safety of students
3 or staff in the alternative program.
4 (b-5) Among the many possible disciplinary interventions
5 and consequences available to school officials, school
6 exclusions, such as out-of-school suspensions and expulsions,
7 are the most serious. School officials shall limit the number
8 and duration of expulsions and suspensions to the greatest
9 extent practicable, and it is recommended that they use them
10 only for legitimate educational purposes. To ensure that
11 students are not excluded from school unnecessarily, it is
12 recommended that school officials consider forms of
13 non-exclusionary discipline prior to using out-of-school
14 suspensions or expulsions.
15 (b-10) Unless otherwise required by federal law or this
16 Code, school boards may not institute zero-tolerance policies
17 by which school administrators are required to suspend or
18 expel students for particular behaviors.
19 (b-15) Out-of-school suspensions of 3 days or less may be
20 used only if the student's continuing presence in school would
21 pose a threat to school safety or a disruption to other
22 students' learning opportunities. For purposes of this
23 subsection (b-15), "threat to school safety or a disruption to
24 other students' learning opportunities" shall be determined on
25 a case-by-case basis by the school board or its designee.
26 School officials shall make all reasonable efforts to resolve
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1 such threats, address such disruptions, and minimize the
2 length of suspensions to the greatest extent practicable.
3 (b-20) Unless otherwise required by this Code,
4 out-of-school suspensions of longer than 3 days, expulsions,
5 and disciplinary removals to alternative schools may be used
6 only if other appropriate and available behavioral and
7 disciplinary interventions have been exhausted and the
8 student's continuing presence in school would either (i) pose
9 a threat to the safety of other students, staff, or members of
10 the school community or (ii) substantially disrupt, impede, or
11 interfere with the operation of the school. For purposes of
12 this subsection (b-20), "threat to the safety of other
13 students, staff, or members of the school community" and
14 "substantially disrupt, impede, or interfere with the
15 operation of the school" shall be determined on a case-by-case
16 basis by school officials. For purposes of this subsection
17 (b-20), the determination of whether "appropriate and
18 available behavioral and disciplinary interventions have been
19 exhausted" shall be made by school officials. School officials
20 shall make all reasonable efforts to resolve such threats,
21 address such disruptions, and minimize the length of student
22 exclusions to the greatest extent practicable. Within the
23 suspension decision described in subsection (b) of this
24 Section or the expulsion decision described in subsection (a)
25 of this Section, it shall be documented whether other
26 interventions were attempted or whether it was determined that
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1 there were no other appropriate and available interventions.
2 (b-25) Students who are suspended out-of-school for longer
3 than 4 school days shall be provided appropriate and available
4 support services during the period of their suspension. For
5 purposes of this subsection (b-25), "appropriate and available
6 support services" shall be determined by school authorities.
7 Within the suspension decision described in subsection (b) of
8 this Section, it shall be documented whether such services are
9 to be provided or whether it was determined that there are no
10 such appropriate and available services.
11 A school district may refer students who are expelled to
12 appropriate and available support services.
13 A school district shall create a policy to facilitate the
14 re-engagement of students who are suspended out-of-school,
15 expelled, or returning from an alternative school setting.
16 (b-30) A school district shall create a policy by which
17 suspended pupils, including those pupils suspended from the
18 school bus who do not have alternate transportation to school,
19 shall have the opportunity to make up work for equivalent
20 academic credit. It shall be the responsibility of a pupil's
21 parents or guardians to notify school officials that a pupil
22 suspended from the school bus does not have alternate
23 transportation to school.
24 (b-35) In all suspension review hearings conducted under
25 subsection (b) or expulsion hearings conducted under
26 subsection (a), a student may disclose any factor to be
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1 considered in mitigation, including his or her status as a
2 parent, expectant parent, or victim of domestic or sexual
3 violence, as defined in Article 26A. A representative of the
4 parent's or guardian's choice, or of the student's choice if
5 emancipated, must be permitted to represent the student
6 throughout the proceedings and to address the school board or
7 its appointed hearing officer. With the approval of the
8 student's parent or guardian, or of the student if
9 emancipated, a support person must be permitted to accompany
10 the student to any disciplinary hearings or proceedings. The
11 representative or support person must comply with any rules of
12 the school district's hearing process. If the representative
13 or support person violates the rules or engages in behavior or
14 advocacy that harasses, abuses, or intimidates either party, a
15 witness, or anyone else in attendance at the hearing, the
16 representative or support person may be prohibited from
17 further participation in the hearing or proceeding. A
18 suspension or expulsion proceeding under this subsection
19 (b-35) must be conducted independently from any ongoing
20 criminal investigation or proceeding, and an absence of
21 pending or possible criminal charges, criminal investigations,
22 or proceedings may not be a factor in school disciplinary
23 decisions.
24 (b-40) During a suspension review hearing conducted under
25 subsection (b) or an expulsion hearing conducted under
26 subsection (a) that involves allegations of sexual violence by
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1 the student who is subject to discipline, neither the student
2 nor his or her representative shall directly question nor have
3 direct contact with the alleged victim. The student who is
4 subject to discipline or his or her representative may, at the
5 discretion and direction of the school board or its appointed
6 hearing officer, suggest questions to be posed by the school
7 board or its appointed hearing officer to the alleged victim.
8 (c) A school board must invite a representative from a
9 local mental health agency to consult with the board at the
10 meeting whenever there is evidence that mental illness may be
11 the cause of a student's expulsion or suspension.
12 (c-5) School districts shall make reasonable efforts to
13 provide ongoing professional development to teachers,
14 administrators, school board members, school resource
15 officers, school safety officers, and staff on the adverse
16 consequences of school exclusion and justice-system
17 involvement, effective classroom management strategies,
18 culturally responsive discipline, the appropriate and
19 available supportive services for the promotion of student
20 attendance and engagement, and developmentally appropriate
21 disciplinary methods that promote positive and healthy school
22 climates.
23 (d) The board may expel a student for a definite period of
24 time not to exceed 2 calendar years, as determined on a
25 case-by-case basis. A student who is determined to have
26 brought one of the following objects to school, any
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1 school-sponsored activity or event, or any activity or event
2 that bears a reasonable relationship to school shall be
3 expelled for a period of not less than one year:
4 (1) A firearm. For the purposes of this Section,
5 "firearm" means any gun, rifle, shotgun, weapon as defined
6 by Section 921 of Title 18 of the United States Code,
7 firearm as defined in Section 1.1 of the Firearm Owners
8 Identification Card Act, or firearm as defined in Section
9 24-1 of the Criminal Code of 2012. The expulsion period
10 under this subdivision (1) may be modified by the
11 superintendent, and the superintendent's determination may
12 be modified by the board on a case-by-case basis.
13 (2) A knife, brass knuckles or other knuckle weapon
14 regardless of its composition, a billy club, or any other
15 object if used or attempted to be used to cause bodily
16 harm, including "look alikes" of any firearm as defined in
17 subdivision (1) of this subsection (d). The expulsion
18 requirement under this subdivision (2) may be modified by
19 the superintendent, and the superintendent's determination
20 may be modified by the board on a case-by-case basis.
21 Expulsion or suspension shall be construed in a manner
22 consistent with the federal Individuals with Disabilities
23 Education Act. A student who is subject to suspension or
24 expulsion as provided in this Section may be eligible for a
25 transfer to an alternative school program in accordance with
26 Article 13A of the School Code.
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1 (d-5) The board may suspend or by regulation authorize the
2 superintendent of the district or the principal, assistant
3 principal, or dean of students of any school to suspend a
4 student for a period not to exceed 10 school days or may expel
5 a student for a definite period of time not to exceed 2
6 calendar years, as determined on a case-by-case basis, if (i)
7 that student has been determined to have made an explicit
8 threat on an Internet website against a school employee, a
9 student, or any school-related personnel, (ii) the Internet
10 website through which the threat was made is a site that was
11 accessible within the school at the time the threat was made or
12 was available to third parties who worked or studied within
13 the school grounds at the time the threat was made, and (iii)
14 the threat could be reasonably interpreted as threatening to
15 the safety and security of the threatened individual because
16 of his or her duties or employment status or status as a
17 student inside the school.
18 (e) To maintain order and security in the schools, school
19 authorities may inspect and search places and areas such as
20 lockers, desks, parking lots, and other school property and
21 equipment owned or controlled by the school, as well as
22 personal effects left in those places and areas by students,
23 without notice to or the consent of the student, and without a
24 search warrant. As a matter of public policy, the General
25 Assembly finds that students have no reasonable expectation of
26 privacy in these places and areas or in their personal effects
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1 left in these places and areas. School authorities may request
2 the assistance of law enforcement officials for the purpose of
3 conducting inspections and searches of lockers, desks, parking
4 lots, and other school property and equipment owned or
5 controlled by the school for illegal drugs, weapons, or other
6 illegal or dangerous substances or materials, including
7 searches conducted through the use of specially trained dogs.
8 If a search conducted in accordance with this Section produces
9 evidence that the student has violated or is violating either
10 the law, local ordinance, or the school's policies or rules,
11 such evidence may be seized by school authorities, and
12 disciplinary action may be taken. School authorities may also
13 turn over such evidence to law enforcement authorities.
14 (f) Suspension or expulsion may include suspension or
15 expulsion from school and all school activities and a
16 prohibition from being present on school grounds.
17 (g) A school district may adopt a policy providing that if
18 a student is suspended or expelled for any reason from any
19 public or private school in this or any other state, the
20 student must complete the entire term of the suspension or
21 expulsion in an alternative school program under Article 13A
22 of this Code or an alternative learning opportunities program
23 under Article 13B of this Code before being admitted into the
24 school district if there is no threat to the safety of students
25 or staff in the alternative program. A school district that
26 adopts a policy under this subsection (g) must include a
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1 provision allowing for consideration of any mitigating
2 factors, including, but not limited to, a student's status as
3 a parent, expectant parent, or victim of domestic or sexual
4 violence, as defined in Article 26A.
5 (h) School officials shall not advise or encourage
6 students to drop out voluntarily due to behavioral or academic
7 difficulties.
8 (i) A student may not be issued a monetary fine or fee as a
9 disciplinary consequence, though this shall not preclude
10 requiring a student to provide restitution for lost, stolen,
11 or damaged property.
12 (j) Subsections (a) through (i) of this Section shall
13 apply to elementary and secondary schools, charter schools,
14 special charter districts, and school districts organized
15 under Article 34 of this Code.
16 (k) The expulsion of children enrolled in programs funded
17 under Section 1C-2 of this Code is subject to the requirements
18 under paragraph (7) of subsection (a) of Section 2-3.71 of
19 this Code.
20 (l) Beginning with the 2018-2019 school year, an in-school
21 suspension program provided by a school district for any
22 students in kindergarten through grade 12 may focus on
23 promoting non-violent conflict resolution and positive
24 interaction with other students and school personnel. A school
25 district may employ a school social worker or a licensed
26 mental health professional to oversee an in-school suspension
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1 program in kindergarten through grade 12.
2 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
3 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
4 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
5 Sec. 17-2.11. School board power to levy a tax or to borrow
6 money and issue bonds for fire prevention, safety, energy
7 conservation, accessibility, school security, and specified
8 repair purposes.
9 (a) Whenever, as a result of any lawful order of any
10 agency, other than a school board, having authority to enforce
11 any school building code applicable to any facility that
12 houses students, or any law or regulation for the protection
13 and safety of the environment, pursuant to the Environmental
14 Protection Act, any school district having a population of
15 less than 500,000 inhabitants is required to alter or
16 reconstruct any school building or permanent, fixed equipment;
17 the district may, by proper resolution, levy a tax for the
18 purpose of making such alteration or reconstruction, based on
19 a survey report by an architect or engineer licensed in this
20 State, upon all of the taxable property of the district at the
21 value as assessed by the Department of Revenue and at a rate
22 not to exceed 0.05% per year for a period sufficient to finance
23 such alteration or reconstruction, upon the following
24 conditions:
25 (1) When there are not sufficient funds available in
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1 the operations and maintenance fund of the school
2 district, the school facility occupation tax fund of the
3 district, or the fire prevention and safety fund of the
4 district, as determined by the district on the basis of
5 rules adopted by the State Board of Education, to make
6 such alteration or reconstruction or to purchase and
7 install such permanent, fixed equipment so ordered or
8 determined as necessary. Appropriate school district
9 records must be made available to the State Superintendent
10 of Education, upon request, to confirm this insufficiency.
11 (2) When a certified estimate of an architect or
12 engineer licensed in this State stating the estimated
13 amount necessary to make the alteration or reconstruction
14 or to purchase and install the equipment so ordered has
15 been secured by the school district, and the estimate has
16 been approved by the regional superintendent of schools
17 having jurisdiction over the district and the State
18 Superintendent of Education. Approval must not be granted
19 for any work that has already started without the prior
20 express authorization of the State Superintendent of
21 Education. If the estimate is not approved or is denied
22 approval by the regional superintendent of schools within
23 3 months after the date on which it is submitted to him or
24 her, the school board of the district may submit the
25 estimate directly to the State Superintendent of Education
26 for approval or denial.
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1 In the case of an emergency situation, where the estimated
2 cost to effectuate emergency repairs is less than the amount
3 specified in Section 10-20.21 of this Code, the school
4 district may proceed with such repairs prior to approval by
5 the State Superintendent of Education, but shall comply with
6 the provisions of subdivision (2) of this subsection (a) as
7 soon thereafter as may be as well as Section 10-20.21 of this
8 Code. If the estimated cost to effectuate emergency repairs is
9 greater than the amount specified in Section 10-20.21 of this
10 Code, then the school district shall proceed in conformity
11 with Section 10-20.21 of this Code and with rules established
12 by the State Board of Education to address such situations.
13 The rules adopted by the State Board of Education to deal with
14 these situations shall stipulate that emergency situations
15 must be expedited and given priority consideration. For
16 purposes of this paragraph, an emergency is a situation that
17 presents an imminent and continuing threat to the health and
18 safety of students or other occupants of a facility, requires
19 complete or partial evacuation of a building or part of a
20 building, or consumes one or more of the 5 emergency days built
21 into the adopted calendar of the school or schools or would
22 otherwise be expected to cause such school or schools to fall
23 short of the minimum school calendar requirements.
24 (b) Whenever any such district determines that it is
25 necessary for energy conservation purposes that any school
26 building or permanent, fixed equipment should be altered or
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1 reconstructed and that such alterations or reconstruction will
2 be made with funds not necessary for the completion of
3 approved and recommended projects contained in any safety
4 survey report or amendments thereto authorized by Section
5 2-3.12 of this Act; the district may levy a tax or issue bonds
6 as provided in subsection (a) of this Section.
7 (c) Whenever any such district determines that it is
8 necessary for accessibility purposes and to comply with the
9 school building code that any school building or equipment
10 should be altered or reconstructed and that such alterations
11 or reconstruction will be made with funds not necessary for
12 the completion of approved and recommended projects contained
13 in any safety survey report or amendments thereto authorized
14 under Section 2-3.12 of this Act, the district may levy a tax
15 or issue bonds as provided in subsection (a) of this Section.
16 (d) Whenever any such district determines that it is
17 necessary for school security purposes and the related
18 protection and safety of pupils and school personnel that any
19 school building or property should be altered or reconstructed
20 or that security systems and equipment (including but not
21 limited to intercom, early detection and warning, access
22 control and television monitoring systems) should be purchased
23 and installed, and that such alterations, reconstruction or
24 purchase and installation of equipment will be made with funds
25 not necessary for the completion of approved and recommended
26 projects contained in any safety survey report or amendment
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1 thereto authorized by Section 2-3.12 of this Act and will
2 deter and prevent unauthorized entry or activities upon school
3 property by unknown or dangerous persons, assure early
4 detection and advance warning of any such actual or attempted
5 unauthorized entry or activities and help assure the continued
6 safety of pupils and school staff if any such unauthorized
7 entry or activity is attempted or occurs; the district may
8 levy a tax or issue bonds as provided in subsection (a) of this
9 Section.
10 If such a school district determines that it is necessary
11 for school security purposes and the related protection and
12 safety of pupils and school staff to hire a school resource
13 officer or that personnel costs for school counselors, mental
14 health experts, school safety officers, or school resource
15 officers are necessary and the district determines that it
16 does not need funds for any of the other purposes set forth in
17 this Section, then the district may levy a tax or issue bonds
18 as provided in subsection (a).
19 (e) If a school district does not need funds for other fire
20 prevention and safety projects, including the completion of
21 approved and recommended projects contained in any safety
22 survey report or amendments thereto authorized by Section
23 2-3.12 of this Act, and it is determined after a public hearing
24 (which is preceded by at least one published notice (i)
25 occurring at least 7 days prior to the hearing in a newspaper
26 of general circulation within the school district and (ii)
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1 setting forth the time, date, place, and general subject
2 matter of the hearing) that there is a substantial, immediate,
3 and otherwise unavoidable threat to the health, safety, or
4 welfare of pupils due to disrepair of school sidewalks,
5 playgrounds, parking lots, or school bus turnarounds and
6 repairs must be made; then the district may levy a tax or issue
7 bonds as provided in subsection (a) of this Section.
8 (f) For purposes of this Section a school district may
9 replace a school building or build additions to replace
10 portions of a building when it is determined that the
11 effectuation of the recommendations for the existing building
12 will cost more than the replacement costs. Such determination
13 shall be based on a comparison of estimated costs made by an
14 architect or engineer licensed in the State of Illinois. The
15 new building or addition shall be equivalent in area (square
16 feet) and comparable in purpose and grades served and may be on
17 the same site or another site. Such replacement may only be
18 done upon order of the regional superintendent of schools and
19 the approval of the State Superintendent of Education.
20 (g) The filing of a certified copy of the resolution
21 levying the tax when accompanied by the certificates of the
22 regional superintendent of schools and State Superintendent of
23 Education shall be the authority of the county clerk to extend
24 such tax.
25 (h) The county clerk of the county in which any school
26 district levying a tax under the authority of this Section is
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1 located, in reducing raised levies, shall not consider any
2 such tax as a part of the general levy for school purposes and
3 shall not include the same in the limitation of any other tax
4 rate which may be extended.
5 Such tax shall be levied and collected in like manner as
6 all other taxes of school districts, subject to the provisions
7 contained in this Section.
8 (i) The tax rate limit specified in this Section may be
9 increased to .10% upon the approval of a proposition to effect
10 such increase by a majority of the electors voting on that
11 proposition at a regular scheduled election. Such proposition
12 may be initiated by resolution of the school board and shall be
13 certified by the secretary to the proper election authorities
14 for submission in accordance with the general election law.
15 (j) When taxes are levied by any school district for fire
16 prevention, safety, energy conservation, and school security
17 purposes as specified in this Section, and the purposes for
18 which the taxes have been levied are accomplished and paid in
19 full, and there remain funds on hand in the Fire Prevention and
20 Safety Fund from the proceeds of the taxes levied, including
21 interest earnings thereon, the school board by resolution
22 shall use such excess and other board restricted funds,
23 excluding bond proceeds and earnings from such proceeds, as
24 follows:
25 (1) for other authorized fire prevention, safety,
26 energy conservation, required safety inspections, school
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1 security purposes, sampling for lead in drinking water in
2 schools, and for repair and mitigation due to lead levels
3 in the drinking water supply; or
4 (2) for transfer to the Operations and Maintenance
5 Fund for the purpose of abating an equal amount of
6 operations and maintenance purposes taxes.
7 Notwithstanding subdivision (2) of this subsection (j) and
8 subsection (k) of this Section, through June 30, 2021, the
9 school board may, by proper resolution following a public
10 hearing set by the school board or the president of the school
11 board (that is preceded (i) by at least one published notice
12 over the name of the clerk or secretary of the board, occurring
13 at least 7 days and not more than 30 days prior to the hearing,
14 in a newspaper of general circulation within the school
15 district and (ii) by posted notice over the name of the clerk
16 or secretary of the board, at least 48 hours before the
17 hearing, at the principal office of the school board or at the
18 building where the hearing is to be held if a principal office
19 does not exist, with both notices setting forth the time,
20 date, place, and subject matter of the hearing), transfer
21 surplus life safety taxes and interest earnings thereon to the
22 Operations and Maintenance Fund for building repair work.
23 (k) If any transfer is made to the Operation and
24 Maintenance Fund, the secretary of the school board shall
25 within 30 days notify the county clerk of the amount of that
26 transfer and direct the clerk to abate the taxes to be extended
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1 for the purposes of operations and maintenance authorized
2 under Section 17-2 of this Act by an amount equal to such
3 transfer.
4 (l) If the proceeds from the tax levy authorized by this
5 Section are insufficient to complete the work approved under
6 this Section, the school board is authorized to sell bonds
7 without referendum under the provisions of this Section in an
8 amount that, when added to the proceeds of the tax levy
9 authorized by this Section, will allow completion of the
10 approved work.
11 (m) Any bonds issued pursuant to this Section shall bear
12 interest at a rate not to exceed the maximum rate authorized by
13 law at the time of the making of the contract, shall mature
14 within 20 years from date, and shall be signed by the president
15 of the school board and the treasurer of the school district.
16 (n) In order to authorize and issue such bonds, the school
17 board shall adopt a resolution fixing the amount of bonds, the
18 date thereof, the maturities thereof, rates of interest
19 thereof, place of payment and denomination, which shall be in
20 denominations of not less than $100 and not more than $5,000,
21 and provide for the levy and collection of a direct annual tax
22 upon all the taxable property in the school district
23 sufficient to pay the principal and interest on such bonds to
24 maturity. Upon the filing in the office of the county clerk of
25 the county in which the school district is located of a
26 certified copy of the resolution, it is the duty of the county
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1 clerk to extend the tax therefor in addition to and in excess
2 of all other taxes heretofore or hereafter authorized to be
3 levied by such school district.
4 (o) After the time such bonds are issued as provided for by
5 this Section, if additional alterations or reconstructions are
6 required to be made because of surveys conducted by an
7 architect or engineer licensed in the State of Illinois, the
8 district may levy a tax at a rate not to exceed .05% per year
9 upon all the taxable property of the district or issue
10 additional bonds, whichever action shall be the most feasible.
11 (p) This Section is cumulative and constitutes complete
12 authority for the issuance of bonds as provided in this
13 Section notwithstanding any other statute or law to the
14 contrary.
15 (q) With respect to instruments for the payment of money
16 issued under this Section either before, on, or after the
17 effective date of Public Act 86-004 (June 6, 1989), it is, and
18 always has been, the intention of the General Assembly (i)
19 that the Omnibus Bond Acts are, and always have been,
20 supplementary grants of power to issue instruments in
21 accordance with the Omnibus Bond Acts, regardless of any
22 provision of this Act that may appear to be or to have been
23 more restrictive than those Acts, (ii) that the provisions of
24 this Section are not a limitation on the supplementary
25 authority granted by the Omnibus Bond Acts, and (iii) that
26 instruments issued under this Section within the supplementary
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1 authority granted by the Omnibus Bond Acts are not invalid
2 because of any provision of this Act that may appear to be or
3 to have been more restrictive than those Acts.
4 (r) When the purposes for which the bonds are issued have
5 been accomplished and paid for in full and there remain funds
6 on hand from the proceeds of the bond sale and interest
7 earnings therefrom, the board shall, by resolution, use such
8 excess funds in accordance with the provisions of Section
9 10-22.14 of this Act.
10 (s) Whenever any tax is levied or bonds issued for fire
11 prevention, safety, energy conservation, and school security
12 purposes, such proceeds shall be deposited and accounted for
13 separately within the Fire Prevention and Safety Fund.
14 (Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19;
15 101-643, eff. 6-18-20.)
16 (105 ILCS 5/22-85)
17 Sec. 22-85. Sexual abuse at schools.
18 (a) The General Assembly finds that:
19 (1) investigation of a child regarding an incident of
20 sexual abuse can induce significant trauma for the child;
21 (2) it is desirable to prevent multiple interviews of
22 a child at a school; and
23 (3) it is important to recognize the role of
24 Children's Advocacy Centers in conducting developmentally
25 appropriate investigations.
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1 (b) In this Section:
2 "Alleged incident of sexual abuse" is limited to an
3 incident of sexual abuse of a child that is alleged to have
4 been perpetrated by school personnel, including a school
5 vendor or volunteer, that occurred (i) on school grounds or
6 during a school activity or (ii) outside of school grounds or
7 not during a school activity.
8 "Appropriate law enforcement agency" means a law
9 enforcement agency whose employees have been involved, in some
10 capacity, with an investigation of a particular alleged
11 incident of sexual abuse.
12 (c) If a mandated reporter within a school has knowledge
13 of an alleged incident of sexual abuse, the reporter must call
14 the Department of Children and Family Services' hotline
15 established under Section 7.6 of the Abused and Neglected
16 Child Reporting Act immediately after obtaining the minimal
17 information necessary to make a report, including the names of
18 the affected parties and the allegations. The State Board of
19 Education must make available materials detailing the
20 information that is necessary to enable notification to the
21 Department of Children and Family Services of an alleged
22 incident of sexual abuse. Each school must ensure that
23 mandated reporters review the State Board of Education's
24 materials and materials developed by the Department of
25 Children and Family Services and distributed in the school
26 building under Section 7 of the Abused and Neglected Child
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1 Reporting Act at least once annually.
2 (d) For schools in a county with an accredited Children's
3 Advocacy Center, every alleged incident of sexual abuse that
4 is reported to the Department of Children and Family Services'
5 hotline or a law enforcement agency and is subsequently
6 accepted for investigation must be referred by the entity that
7 received the report to the local Children's Advocacy Center
8 pursuant to that county's multidisciplinary team's protocol
9 under the Children's Advocacy Center Act for investigating
10 child sexual abuse allegations.
11 (e) A county's local Children's Advocacy Center must, at a
12 minimum, do both of the following regarding a referred case of
13 an alleged incident of sexual abuse:
14 (1) Coordinate the investigation of the alleged
15 incident, as governed by the local Children's Advocacy
16 Center's existing multidisciplinary team protocol and
17 according to National Children's Alliance accreditation
18 standards.
19 (2) Facilitate communication between the
20 multidisciplinary team investigating the alleged incident
21 of sexual abuse and, if applicable, the referring school's
22 (i) Title IX officer, or his or her designee, (ii) school
23 resource officer, or (iii) personnel, or (iv) school
24 safety officer leading the school's investigation into the
25 alleged incident of sexual abuse. If a school uses a
26 designated entity to investigate a sexual abuse
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1 allegation, the multidisciplinary team may correspond only
2 with that entity and any reference in this Section to
3 "school" refers to that designated entity. This
4 facilitation of communication must, at a minimum, ensure
5 that all applicable parties have each other's contact
6 information and must share the county's local Children's
7 Advocacy Center's protocol regarding the process of
8 approving the viewing of a forensic interview, as defined
9 under Section 2.5 of the Children's Advocacy Center Act,
10 by school personnel and a contact person for questions
11 relating to the protocol.
12 (f) After an alleged incident of sexual abuse is accepted
13 for investigation by the Department of Children and Family
14 Services or a law enforcement agency and while the criminal
15 and child abuse investigations related to that alleged
16 incident are being conducted by the local multidisciplinary
17 team, the school relevant to the alleged incident of sexual
18 abuse must comply with both of the following:
19 (1) It may not interview the alleged victim regarding
20 details of the alleged incident of sexual abuse until
21 after the completion of the forensic interview of that
22 victim is conducted at a Children's Advocacy Center. This
23 paragraph does not prohibit a school from requesting
24 information from the alleged victim or his or her parent
25 or guardian to ensure the safety and well-being of the
26 alleged victim at school during an investigation.
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1 (2) If asked by a law enforcement agency or an
2 investigator of the Department of Children and Family
3 Services who is conducting the investigation, it must
4 inform those individuals of any evidence the school has
5 gathered pertaining to an alleged incident of sexual
6 abuse, as permissible by federal or State law.
7 (g) After completion of a forensic interview, the
8 multidisciplinary team must notify the school relevant to the
9 alleged incident of sexual abuse of its completion. If, for
10 any reason, a multidisciplinary team determines it will not
11 conduct a forensic interview in a specific investigation, the
12 multidisciplinary team must notify the school as soon as the
13 determination is made. If a forensic interview has not been
14 conducted within 15 calendar days after opening an
15 investigation, the school may notify the multidisciplinary
16 team that it intends to interview the alleged victim. No later
17 than 10 calendar days after this notification, the
18 multidisciplinary team may conduct the forensic interview and,
19 if the multidisciplinary team does not conduct the interview,
20 the school may proceed with its interview.
21 (h) To the greatest extent possible considering student
22 safety and Title IX compliance, school personnel may view the
23 electronic recordings of a forensic interview of an alleged
24 victim of an incident of sexual abuse. As a means to avoid
25 additional interviews of an alleged victim, school personnel
26 must be granted viewing access to the electronic recording of
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1 a forensic interview conducted at an accredited Children's
2 Advocacy Center for an alleged incident of sexual abuse only
3 if the school receives (i) approval from the multidisciplinary
4 team investigating the case and (ii) informed consent by a
5 child over the age of 13 or the child's parent or guardian.
6 Each county's local Children's Advocacy Center and
7 multidisciplinary team must establish an internal protocol
8 regarding the process of approving the viewing of the forensic
9 interview, and this process and the contact person must be
10 shared with the school contact at the time of the initial
11 facilitation. Whenever possible, the school's viewing of the
12 electronic recording of a forensic interview should be
13 conducted in lieu of the need for additional interviews.
14 (i) For an alleged incident of sexual abuse that has been
15 accepted for investigation by a multidisciplinary team, if,
16 during the course of its internal investigation and at any
17 point during or after the multidisciplinary team's
18 investigation, the school determines that it needs to
19 interview the alleged victim to successfully complete its
20 investigation and the victim is under 18 years of age, a child
21 advocate must be made available to the student and may be
22 present during the school's interview. A child advocate may be
23 a school social worker, a school or equally qualified
24 psychologist, or a person in a position the State Board of
25 Education has identified as an appropriate advocate for the
26 student during a school's investigation into an alleged
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1 incident of sexual abuse.
2 (j) The Department of Children and Family Services must
3 notify the relevant school when an agency investigation of an
4 alleged incident of sexual abuse is complete. The notification
5 must include information on the outcome of that investigation.
6 (k) The appropriate law enforcement agency must notify the
7 relevant school when an agency investigation of an alleged
8 incident of sexual abuse is complete or has been suspended.
9 The notification must include information on the outcome of
10 that investigation.
11 (l) This Section applies to all schools operating under
12 this Code, including, but not limited to, public schools
13 located in cities having a population of more than 500,000, a
14 school operated pursuant to an agreement with a public school
15 district, alternative schools operated by third parties, an
16 alternative learning opportunities program, a public school
17 administered by a local public agency or the Department of
18 Human Services, charter schools operating under the authority
19 of Article 27A, and non-public schools recognized by the State
20 Board of Education.
21 (Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
22 (105 ILCS 5/22-88)
23 Sec. 22-88. Parental notification of law enforcement
24 detainment and questioning on school grounds.
25 (a) In this Section, "school grounds" means the real
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1 property comprising an active and operational elementary or
2 secondary school during the regular hours in which school is
3 in session and when students are present.
4 (b) Before detaining and questioning a student on school
5 grounds who is under 18 years of age and who is suspected of
6 committing a criminal act, a law enforcement officer, a school
7 resource officer, school safety officer, or other school
8 security personnel must do all of the following:
9 (1) Ensure that notification or attempted notification
10 of the student's parent or guardian is made.
11 (2) Document the time and manner in which the
12 notification or attempted notification under paragraph (1)
13 occurred.
14 (3) Make reasonable efforts to ensure that the
15 student's parent or guardian is present during the
16 questioning or, if the parent or guardian is not present,
17 ensure that school personnel, including, but not limited
18 to, a school social worker, a school psychologist, a
19 school nurse, a school counselor, or any other mental
20 health professional, are present during the questioning.
21 (4) If practicable, make reasonable efforts to ensure
22 that a law enforcement officer trained in promoting safe
23 interactions and communications with youth is present
24 during the questioning. An officer who received training
25 in youth investigations approved or certified by his or
26 her law enforcement agency or under Section 10.22 of the
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1 Police Training Act or a juvenile police officer, as
2 defined under Section 1-3 of the Juvenile Court Act of
3 1987, satisfies the requirement under this paragraph.
4 (c) This Section does not limit the authority of a law
5 enforcement officer to make an arrest on school grounds. This
6 Section does not apply to circumstances that would cause a
7 reasonable person to believe that urgent and immediate action
8 is necessary to do any of the following:
9 (1) Prevent bodily harm or injury to the student or
10 any other person.
11 (2) Apprehend an armed or fleeing suspect.
12 (3) Prevent the destruction of evidence.
13 (4) Address an emergency or other dangerous situation.
14 (Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21;
15 102-558, eff. 8-20-21.)
16 (105 ILCS 5/26A-20)
17 (This Section may contain text from a Public Act with a
18 delayed effective date)
19 Sec. 26A-20. Review and revision of policies and
20 procedures.
21 (a) No later than July 1, 2024 and every 2 years
22 thereafter, each school district must review all existing
23 policies and procedures and must revise any existing policies
24 and procedures that may act as a barrier to the immediate
25 enrollment and re-enrollment, attendance, graduation, and
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1 success in school of any student who is a student parent,
2 expectant student parent, or victim of domestic or sexual
3 violence or any policies or procedures that may compromise a
4 criminal investigation relating to domestic or sexual violence
5 or may re-victimize students. A school district must adopt new
6 policies and procedures, as needed, to implement this Section
7 and to ensure that immediate and effective steps are taken to
8 respond to students who are student parents, expectant
9 parents, or victims of domestic or sexual violence.
10 (b) A school district's policy must be consistent with the
11 model policy and procedures adopted by the State Board of
12 Education and under Public Act 101-531.
13 (c) A school district's policy on the procedures that a
14 student or his or her parent or guardian may follow if he or
15 she chooses to report an incident of alleged domestic or
16 sexual violence must, at a minimum, include all of the
17 following:
18 (1) The name and contact information for domestic or
19 sexual violence and parenting resource personnel, the
20 Title IX coordinator, school and school district resource
21 officers, safety officers, or security, and a
22 community-based domestic or sexual violence organization.
23 (2) The name, title, and contact information for
24 confidential resources and a description of what
25 confidential reporting means.
26 (3) An option for the student or the student's parent
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1 or guardian to electronically, anonymously, and
2 confidentially report the incident.
3 (4) An option for reports by third parties and
4 bystanders.
5 (5) Information regarding the various individuals,
6 departments, or organizations to whom a student may report
7 an incident of domestic or sexual violence, specifying for
8 each individual or entity (i) the extent of the
9 individual's or entity's reporting obligation to the
10 school's or school district's administration, Title IX
11 coordinator, or other personnel or entity, (ii) the
12 individual's or entity's ability to protect the student's
13 privacy, and (iii) the extent of the individual's or
14 entity's ability to have confidential communications with
15 the student or his or her parent or guardian.
16 (6) The adoption of a complaint resolution procedure
17 as provided in Section 26A-25.
18 (d) A school district must post its revised policies and
19 procedures on its website, distribute them at the beginning of
20 each school year to each student, and make copies available to
21 each student and his or her parent or guardian for inspection
22 and copying at no cost to the student or parent or guardian at
23 each school within a school district.
24 (Source: P.A. 102-466, eff. 7-1-25.)
25 (105 ILCS 5/27-23.7)
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1 Sec. 27-23.7. Bullying prevention.
2 (a) The General Assembly finds that a safe and civil
3 school environment is necessary for students to learn and
4 achieve and that bullying causes physical, psychological, and
5 emotional harm to students and interferes with students'
6 ability to learn and participate in school activities. The
7 General Assembly further finds that bullying has been linked
8 to other forms of antisocial behavior, such as vandalism,
9 shoplifting, skipping and dropping out of school, fighting,
10 using drugs and alcohol, sexual harassment, and sexual
11 violence. Because of the negative outcomes associated with
12 bullying in schools, the General Assembly finds that school
13 districts, charter schools, and non-public, non-sectarian
14 elementary and secondary schools should educate students,
15 parents, and school district, charter school, or non-public,
16 non-sectarian elementary or secondary school personnel about
17 what behaviors constitute prohibited bullying.
18 Bullying on the basis of actual or perceived race, color,
19 religion, sex, national origin, ancestry, age, marital status,
20 physical or mental disability, military status, sexual
21 orientation, gender-related identity or expression,
22 unfavorable discharge from military service, association with
23 a person or group with one or more of the aforementioned actual
24 or perceived characteristics, or any other distinguishing
25 characteristic is prohibited in all school districts, charter
26 schools, and non-public, non-sectarian elementary and
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1 secondary schools. No student shall be subjected to bullying:
2 (1) during any school-sponsored education program or
3 activity;
4 (2) while in school, on school property, on school
5 buses or other school vehicles, at designated school bus
6 stops waiting for the school bus, or at school-sponsored
7 or school-sanctioned events or activities;
8 (3) through the transmission of information from a
9 school computer, a school computer network, or other
10 similar electronic school equipment; or
11 (4) through the transmission of information from a
12 computer that is accessed at a nonschool-related location,
13 activity, function, or program or from the use of
14 technology or an electronic device that is not owned,
15 leased, or used by a school district or school if the
16 bullying causes a substantial disruption to the
17 educational process or orderly operation of a school. This
18 item (4) applies only in cases in which a school
19 administrator or teacher receives a report that bullying
20 through this means has occurred and does not require a
21 district or school to staff or monitor any
22 nonschool-related activity, function, or program.
23 (a-5) Nothing in this Section is intended to infringe upon
24 any right to exercise free expression or the free exercise of
25 religion or religiously based views protected under the First
26 Amendment to the United States Constitution or under Section 3
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1 of Article I of the Illinois Constitution.
2 (b) In this Section:
3 "Bullying" includes "cyber-bullying" and means any severe
4 or pervasive physical or verbal act or conduct, including
5 communications made in writing or electronically, directed
6 toward a student or students that has or can be reasonably
7 predicted to have the effect of one or more of the following:
8 (1) placing the student or students in reasonable fear
9 of harm to the student's or students' person or property;
10 (2) causing a substantially detrimental effect on the
11 student's or students' physical or mental health;
12 (3) substantially interfering with the student's or
13 students' academic performance; or
14 (4) substantially interfering with the student's or
15 students' ability to participate in or benefit from the
16 services, activities, or privileges provided by a school.
17 Bullying, as defined in this subsection (b), may take
18 various forms, including without limitation one or more of the
19 following: harassment, threats, intimidation, stalking,
20 physical violence, sexual harassment, sexual violence, theft,
21 public humiliation, destruction of property, or retaliation
22 for asserting or alleging an act of bullying. This list is
23 meant to be illustrative and non-exhaustive.
24 "Cyber-bullying" means bullying through the use of
25 technology or any electronic communication, including without
26 limitation any transfer of signs, signals, writing, images,
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1 sounds, data, or intelligence of any nature transmitted in
2 whole or in part by a wire, radio, electromagnetic system,
3 photoelectronic system, or photooptical system, including
4 without limitation electronic mail, Internet communications,
5 instant messages, or facsimile communications.
6 "Cyber-bullying" includes the creation of a webpage or weblog
7 in which the creator assumes the identity of another person or
8 the knowing impersonation of another person as the author of
9 posted content or messages if the creation or impersonation
10 creates any of the effects enumerated in the definition of
11 bullying in this Section. "Cyber-bullying" also includes the
12 distribution by electronic means of a communication to more
13 than one person or the posting of material on an electronic
14 medium that may be accessed by one or more persons if the
15 distribution or posting creates any of the effects enumerated
16 in the definition of bullying in this Section.
17 "Policy on bullying" means a bullying prevention policy
18 that meets the following criteria:
19 (1) Includes the bullying definition provided in this
20 Section.
21 (2) Includes a statement that bullying is contrary to
22 State law and the policy of the school district, charter
23 school, or non-public, non-sectarian elementary or
24 secondary school and is consistent with subsection (a-5)
25 of this Section.
26 (3) Includes procedures for promptly reporting
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1 bullying, including, but not limited to, identifying and
2 providing the school e-mail address (if applicable) and
3 school telephone number for the staff person or persons
4 responsible for receiving such reports and a procedure for
5 anonymous reporting; however, this shall not be construed
6 to permit formal disciplinary action solely on the basis
7 of an anonymous report.
8 (4) Consistent with federal and State laws and rules
9 governing student privacy rights, includes procedures for
10 promptly informing parents or guardians of all students
11 involved in the alleged incident of bullying and
12 discussing, as appropriate, the availability of social
13 work services, counseling, school psychological services,
14 other interventions, and restorative measures.
15 (5) Contains procedures for promptly investigating and
16 addressing reports of bullying, including the following:
17 (A) Making all reasonable efforts to complete the
18 investigation within 10 school days after the date the
19 report of the incident of bullying was received and
20 taking into consideration additional relevant
21 information received during the course of the
22 investigation about the reported incident of bullying.
23 (B) Involving appropriate school support personnel
24 and other staff persons with knowledge, experience,
25 and training on bullying prevention, as deemed
26 appropriate, in the investigation process.
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1 (C) Notifying the principal or school
2 administrator or his or her designee of the report of
3 the incident of bullying as soon as possible after the
4 report is received.
5 (D) Consistent with federal and State laws and
6 rules governing student privacy rights, providing
7 parents and guardians of the students who are parties
8 to the investigation information about the
9 investigation and an opportunity to meet with the
10 principal or school administrator or his or her
11 designee to discuss the investigation, the findings of
12 the investigation, and the actions taken to address
13 the reported incident of bullying.
14 (6) Includes the interventions that can be taken to
15 address bullying, which may include, but are not limited
16 to, school social work services, restorative measures,
17 social-emotional skill building, counseling, school
18 psychological services, and community-based services.
19 (7) Includes a statement prohibiting reprisal or
20 retaliation against any person who reports an act of
21 bullying and the consequences and appropriate remedial
22 actions for a person who engages in reprisal or
23 retaliation.
24 (8) Includes consequences and appropriate remedial
25 actions for a person found to have falsely accused another
26 of bullying as a means of retaliation or as a means of
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1 bullying.
2 (9) Is based on the engagement of a range of school
3 stakeholders, including students and parents or guardians.
4 (10) Is posted on the school district's, charter
5 school's, or non-public, non-sectarian elementary or
6 secondary school's existing Internet website, is included
7 in the student handbook, and, where applicable, posted
8 where other policies, rules, and standards of conduct are
9 currently posted in the school and provided periodically
10 throughout the school year to students and faculty, and is
11 distributed annually to parents, guardians, students, and
12 school personnel, including new employees when hired.
13 (11) As part of the process of reviewing and
14 re-evaluating the policy under subsection (d) of this
15 Section, contains a policy evaluation process to assess
16 the outcomes and effectiveness of the policy that
17 includes, but is not limited to, factors such as the
18 frequency of victimization; student, staff, and family
19 observations of safety at a school; identification of
20 areas of a school where bullying occurs; the types of
21 bullying utilized; and bystander intervention or
22 participation. The school district, charter school, or
23 non-public, non-sectarian elementary or secondary school
24 may use relevant data and information it already collects
25 for other purposes in the policy evaluation. The
26 information developed as a result of the policy evaluation
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1 must be made available on the Internet website of the
2 school district, charter school, or non-public,
3 non-sectarian elementary or secondary school. If an
4 Internet website is not available, the information must be
5 provided to school administrators, school board members,
6 school personnel, parents, guardians, and students.
7 (12) Is consistent with the policies of the school
8 board, charter school, or non-public, non-sectarian
9 elementary or secondary school.
10 "Restorative measures" means a continuum of school-based
11 alternatives to exclusionary discipline, such as suspensions
12 and expulsions, that: (i) are adapted to the particular needs
13 of the school and community, (ii) contribute to maintaining
14 school safety, (iii) protect the integrity of a positive and
15 productive learning climate, (iv) teach students the personal
16 and interpersonal skills they will need to be successful in
17 school and society, (v) serve to build and restore
18 relationships among students, families, schools, and
19 communities, (vi) reduce the likelihood of future disruption
20 by balancing accountability with an understanding of students'
21 behavioral health needs in order to keep students in school,
22 and (vii) increase student accountability if the incident of
23 bullying is based on religion, race, ethnicity, or any other
24 category that is identified in the Illinois Human Rights Act.
25 "School personnel" means persons employed by, on contract
26 with, or who volunteer in a school district, charter school,
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1 or non-public, non-sectarian elementary or secondary school,
2 including without limitation school and school district
3 administrators, teachers, school social workers, school
4 counselors, school psychologists, school nurses, cafeteria
5 workers, custodians, bus drivers, school resource officers,
6 school safety officers, and security guards.
7 (c) (Blank).
8 (d) Each school district, charter school, and non-public,
9 non-sectarian elementary or secondary school shall create,
10 maintain, and implement a policy on bullying, which policy
11 must be filed with the State Board of Education. The policy or
12 implementing procedure shall include a process to investigate
13 whether a reported act of bullying is within the permissible
14 scope of the district's or school's jurisdiction and shall
15 require that the district or school provide the victim with
16 information regarding services that are available within the
17 district and community, such as counseling, support services,
18 and other programs. School personnel available for help with a
19 bully or to make a report about bullying shall be made known to
20 parents or legal guardians, students, and school personnel.
21 Every 2 years, each school district, charter school, and
22 non-public, non-sectarian elementary or secondary school shall
23 conduct a review and re-evaluation of its policy and make any
24 necessary and appropriate revisions. No later than September
25 30 of the subject year, the policy must be filed with the State
26 Board of Education after being updated. The State Board of
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1 Education shall monitor and provide technical support for the
2 implementation of policies created under this subsection (d).
3 In monitoring the implementation of the policies, the State
4 Board of Education shall review each filed policy on bullying
5 to ensure all policies meet the requirements set forth in this
6 Section, including ensuring that each policy meets the 12
7 criterion identified within the definition of "policy on
8 bullying" set forth in this Section.
9 If a school district, charter school, or non-public,
10 non-sectarian elementary or secondary school fails to file a
11 policy on bullying by September 30 of the subject year, the
12 State Board of Education shall provide a written request for
13 filing to the school district, charter school, or non-public,
14 non-sectarian elementary or secondary school. If a school
15 district, charter school, or non-public, non-sectarian
16 elementary or secondary school fails to file a policy on
17 bullying within 14 days of receipt of the aforementioned
18 written request, the State Board of Education shall publish
19 notice of the non-compliance on the State Board of Education's
20 website.
21 (e) This Section shall not be interpreted to prevent a
22 victim from seeking redress under any other available civil or
23 criminal law.
24 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
25 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
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1 (105 ILCS 5/34-18.57)
2 Sec. 34-18.57. Booking stations on school grounds.
3 (a) There shall be no student booking station established
4 or maintained on the grounds of any school.
5 (b) This prohibition shall be applied to student booking
6 stations only, as defined in this Section. The prohibition
7 does not prohibit or affect the establishment or maintenance
8 of any place operated by or under the control of law
9 enforcement personnel, school resource officers, school safety
10 officers, or other security personnel that does not also
11 qualify as a student booking station as defined in paragraph
12 (2) of subsection (d) of this Section. The prohibition does
13 not affect or limit the powers afforded law enforcement
14 officers to perform their duties within schools as otherwise
15 prescribed by law.
16 (c) When the underlying suspected or alleged criminal act
17 is an act of violence, and isolation of a student or students
18 is deemed necessary to the interest of public safety, and no
19 other location is adequate for secure isolation of the student
20 or students, offices as described in paragraph (1) of
21 subsection (d) of this Section may be employed to detain
22 students for a period no longer than that required to
23 alleviate that threat to public safety.
24 (d) As used in this Section, "student booking station"
25 means a building, office, room, or any indefinitely
26 established space or site, mobile or fixed, which operates
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1 concurrently as:
2 (1) predominantly or regularly a place of operation
3 for a municipal police department, county sheriff
4 department, or other law enforcement agency, or under the
5 primary control thereof; and
6 (2) a site at which students are detained in
7 connection with criminal charges or allegations against
8 those students, taken into custody, or engaged with law
9 enforcement personnel in any process that creates a law
10 enforcement record of that contact with law enforcement
11 personnel or processes.
12 (Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
13 Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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