Illinois 2023-2024 Regular Session

Illinois House Bill HB5478 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5478 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1-3 from Ch. 122, par. 1-3105 ILCS 5/2-3.204 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the State Board of Education Article of the School Code. Provides that the State Board of Education shall require, in a manner and method determined by the State Board, that each school district report the number of student referrals to law enforcement. Provides that the disaggregated data shall include data on referrals to law enforcement required to be submitted by a school district and charter school under the Code. Provides that the State Board of Education shall post the disaggregated data on the State Board's Internet website for the previous school year by October 31, starting with the 2023-2024 school year. Amends the School Boards Article of the School Code. In provisions concerning the suspension or expulsion of pupils, provides that school personnel may not issue a monetary fine, fee, or municipal ticket for school-based behavior as a disciplinary consequence, (instead of providing that a student may not be issued a monetary fine or fee as a disciplinary consequence). Sets forth provisions concerning disciplinary responses of schools. Provides that school personnel (instead of a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (instead of any other local public entity). Makes conforming changes. Effective immediately. LRB103 37522 RJT 67645 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5478 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/1-3 from Ch. 122, par. 1-3105 ILCS 5/2-3.204 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/2-3.204 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the State Board of Education Article of the School Code. Provides that the State Board of Education shall require, in a manner and method determined by the State Board, that each school district report the number of student referrals to law enforcement. Provides that the disaggregated data shall include data on referrals to law enforcement required to be submitted by a school district and charter school under the Code. Provides that the State Board of Education shall post the disaggregated data on the State Board's Internet website for the previous school year by October 31, starting with the 2023-2024 school year. Amends the School Boards Article of the School Code. In provisions concerning the suspension or expulsion of pupils, provides that school personnel may not issue a monetary fine, fee, or municipal ticket for school-based behavior as a disciplinary consequence, (instead of providing that a student may not be issued a monetary fine or fee as a disciplinary consequence). Sets forth provisions concerning disciplinary responses of schools. Provides that school personnel (instead of a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (instead of any other local public entity). Makes conforming changes. Effective immediately. LRB103 37522 RJT 67645 b LRB103 37522 RJT 67645 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5478 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/1-3 from Ch. 122, par. 1-3105 ILCS 5/2-3.204 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/2-3.204 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
4	4	105 ILCS 5/1-3 from Ch. 122, par. 1-3
5	5	105 ILCS 5/2-3.204 new
6	6	105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
7	7	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
8	8	105 ILCS 5/26-12 from Ch. 122, par. 26-12
9	9	Amends the State Board of Education Article of the School Code. Provides that the State Board of Education shall require, in a manner and method determined by the State Board, that each school district report the number of student referrals to law enforcement. Provides that the disaggregated data shall include data on referrals to law enforcement required to be submitted by a school district and charter school under the Code. Provides that the State Board of Education shall post the disaggregated data on the State Board's Internet website for the previous school year by October 31, starting with the 2023-2024 school year. Amends the School Boards Article of the School Code. In provisions concerning the suspension or expulsion of pupils, provides that school personnel may not issue a monetary fine, fee, or municipal ticket for school-based behavior as a disciplinary consequence, (instead of providing that a student may not be issued a monetary fine or fee as a disciplinary consequence). Sets forth provisions concerning disciplinary responses of schools. Provides that school personnel (instead of a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (instead of any other local public entity). Makes conforming changes. Effective immediately.
10	10	LRB103 37522 RJT 67645 b LRB103 37522 RJT 67645 b
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12	12	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
13	13	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
14	14	A BILL FOR
15	15	HB5478LRB103 37522 RJT 67645 b HB5478 LRB103 37522 RJT 67645 b
16	16	HB5478 LRB103 37522 RJT 67645 b
17	17	1 AN ACT concerning education.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. Findings and intent.
21	21	5 (a) The General Assembly finds the following:
22	22	6 (1) Public Act 99-456 prohibited schools from the
23	23	7 issuance of monetary fines or fees as disciplinary
24	24	8 consequences.
25	25	9 (2) Public Act 100-810 prohibited schools from
26	26	10 referring truant minors to local public entities for the
27	27	11 purpose of issuing fines or fees as punishment for truancy
28	28	12 and requiring schools to document the provision of all
29	29	13 appropriate and available supportive services before
30	30	14 referring an individual having custody of a truant minor
31	31	15 to a local entity.
32	32	16 (3) Thousands of students have been referred to
33	33	17 municipalities for behaviors occurring on school grounds,
34	34	18 during school-related events, or while taking school
35	35	19 transportation.
36	36	20 (4) The impact of municipal tickets, citations, and
37	37	21 ordinance violations disproportionately impact students of
38	38	22 color and students with disabilities.
39	39	23 (5) Municipal fines and fees associated with municipal
40	40	24 tickets, citations, and ordinance violations create
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5478 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
45	45	105 ILCS 5/1-3 from Ch. 122, par. 1-3105 ILCS 5/2-3.204 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/1-3 from Ch. 122, par. 1-3 105 ILCS 5/2-3.204 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
46	46	105 ILCS 5/1-3 from Ch. 122, par. 1-3
47	47	105 ILCS 5/2-3.204 new
48	48	105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
49	49	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
50	50	105 ILCS 5/26-12 from Ch. 122, par. 26-12
51	51	Amends the State Board of Education Article of the School Code. Provides that the State Board of Education shall require, in a manner and method determined by the State Board, that each school district report the number of student referrals to law enforcement. Provides that the disaggregated data shall include data on referrals to law enforcement required to be submitted by a school district and charter school under the Code. Provides that the State Board of Education shall post the disaggregated data on the State Board's Internet website for the previous school year by October 31, starting with the 2023-2024 school year. Amends the School Boards Article of the School Code. In provisions concerning the suspension or expulsion of pupils, provides that school personnel may not issue a monetary fine, fee, or municipal ticket for school-based behavior as a disciplinary consequence, (instead of providing that a student may not be issued a monetary fine or fee as a disciplinary consequence). Sets forth provisions concerning disciplinary responses of schools. Provides that school personnel (instead of a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (instead of any other local public entity). Makes conforming changes. Effective immediately.
52	52	LRB103 37522 RJT 67645 b LRB103 37522 RJT 67645 b
53	53	LRB103 37522 RJT 67645 b
54	54	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
55	55	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
56	56	A BILL FOR
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62	62	105 ILCS 5/1-3 from Ch. 122, par. 1-3
63	63	105 ILCS 5/2-3.204 new
64	64	105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
65	65	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
66	66	105 ILCS 5/26-12 from Ch. 122, par. 26-12
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72	72	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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89	89	1 financial hardship for minors and their families.
90	90	2 (6) Municipal proceedings do not provide minors with
91	91	3 sufficient due process, confidentiality, or record
92	92	4 expungement protections.
93	93	5 (7) In accordance with federal law and regulations,
94	94	6 Illinois schools provide data to the Civil Rights Data
95	95	7 Collection required by the Department of Education Office
96	96	8 of Civil Rights, including data on referrals to law
97	97	9 enforcement and which disaggregates referrals resulting in
98	98	10 arrests, but does not disaggregate referrals resulting in
99	99	11 a municipal ticket, citation, or ordinance violation.
100	100	12 (b) It is the intent of the General Assembly to learn more
101	101	13 about the prevalence of student referrals to law enforcement,
102	102	14 particularly those resulting in municipal tickets, citations,
103	103	15 or ordinance violations for behaviors occurring on school
104	104	16 grounds, during school-related events, or while taking school
105	105	17 transportation. It is not the intent of the General Assembly
106	106	18 to modify current school disciplinary responses provided in
107	107	19 the School Code or responses to alleged delinquent or criminal
108	108	20 conduct as set forth in the School Code, the Juvenile Court
109	109	21 Act, and the Criminal Code of 2012.
110	110	22 Section 10. The School Code is amended by changing
111	111	23 Sections 1-3, 10-20.14, 10-22.6, and 26-12 and by adding
112	112	24 Section 2-3.204 as follows:
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123	123	1 (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
124	124	2 Sec. 1-3. Definitions. In this Code:
125	125	3 The terms "common schools", "free schools" and "public
126	126	4 schools" are used interchangeably to apply to any school
127	127	5 operated by authority of this Act.
128	128	6 "School-based behavior" means student behavior that occurs
129	129	7 at a school, a school-sponsored activity or event, or any
130	130	8 activity or event that has a reasonable relationship to a
131	131	9 school.
132	132	10 "School board" means the governing body of any district
133	133	11 created or operating under authority of this Code, including
134	134	12 board of school directors and board of education. When the
135	135	13 context so indicates it also means the governing body of any
136	136	14 non-high school district and of any special charter district,
137	137	15 including a board of school inspectors.
138	138	16 "School fees" or "fees" means any monetary charge
139	139	17 collected by a public school, public school district, or
140	140	18 charter school from a student or the parents or guardian of a
141	141	19 student as a prerequisite for the student's participation in
142	142	20 any curricular or extracurricular program of the school or
143	143	21 school district as defined under paragraphs (1) and (2) of
144	144	22 subsection (a) of Section 1.245 of Title 23 of the Illinois
145	145	23 Administrative Code.
146	146	24 "School personnel" means persons who are employed by, who
147	147	25 are on contract with, or who volunteer in a school district,
148	148	26 charter school, or non-public, non-sectarian elementary or
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159	159	1 secondary school, including, but not limited to, school
160	160	2 administrators, school district administrators, teachers,
161	161	3 school social workers, school counselors, school
162	162	4 psychologists, school nurses, cafeteria workers, custodians,
163	163	5 bus drivers, school resource officers, and security guards.
164	164	6 "Special charter district" means any city, township, or
165	165	7 district organized into a school district, under a special Act
166	166	8 or charter of the General Assembly or in which schools are now
167	167	9 managed and operating within such unit in whole or in part
168	168	10 under the terms of such special Act or charter.
169	169	11 (Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
170	170	12 (105 ILCS 5/2-3.204 new)
171	171	13 Sec. 2-3.204. Law enforcement referral report.
172	172	14 (a) In this Section, "referral to law enforcement" means
173	173	15 an action by which a student is reported to any law enforcement
174	174	16 agency or official, including a school resource officer, for
175	175	17 school-based behaviors.
176	176	18 (b) The State Board of Education shall require, in a
177	177	19 manner and method determined by the State Board, that each
178	178	20 school district reports the number of student referrals to law
179	179	21 enforcement. The disaggregated data shall include data on
180	180	22 referrals to law enforcement required to be submitted by a
181	181	23 school district or charter school under Articles 10 and 34.
182	182	24 The State Board of Education shall post the disaggregated data
183	183	25 on the State Board's Internet website for the previous school
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194	194	1 year by October 31, starting with the 2023-2024 school year.
195	195	2 (c) The disaggregated data collected under subsection (b)
196	196	3 shall be organized by school district and include the
197	197	4 following:
198	198	5 (1) The number of referrals to law enforcement that
199	199	6 resulted in a municipal ticket, a citation, or an
200	200	7 ordinance violation and number of students cited,
201	201	8 disaggregated by race, ethnicity, gender, whether that
202	202	9 student has an individualized education program or a plan
203	203	10 pursuant to Section 504 of the federal Rehabilitation Act
204	204	11 of 1973, whether the student is an English language
205	205	12 learner, and the reason for referral organized by offense.
206	206	13 (2) The total number of municipal tickets, citations,
207	207	14 and ordinance violations issued by law enforcement
208	208	15 resulting from school-based behaviors, disaggregated by
209	209	16 race, ethnicity, gender, whether that student has an
210	210	17 individualized education program or a plan pursuant to
211	211	18 Section 504 of the federal Rehabilitation Act of 1973,
212	212	19 whether the student is an English language learner, and
213	213	20 the reason for issuance organized by offense.
214	214	21 (3) The total number of arrests made by law
215	215	22 enforcement resulting from school-based behaviors,
216	216	23 disaggregated by race, ethnicity, gender, whether that
217	217	24 student has an individualized education program or a plan
218	218	25 pursuant to Section 504 of the federal Rehabilitation Act
219	219	26 of 1973, whether the student is an English language
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230	230	1 learner, and the reason for arrest organized by offense.
231	231	2 (4) The total number of referrals to law enforcement
232	232	3 and total number of students referred to law enforcement,
233	233	4 disaggregated by race, ethnicity, gender, whether that
234	234	5 student has an individualized education program or a plan
235	235	6 pursuant to Section 504 of the federal Rehabilitation Act
236	236	7 of 1973, whether the student is an English language
237	237	8 learner, and the reason for referral organized by offense.
238	238	9 (5) The number of referrals to law enforcement that
239	239	10 resulted in an arrest and number of students arrested,
240	240	11 disaggregated by race, ethnicity, gender, whether that
241	241	12 student has an individualized education program or a plan
242	242	13 pursuant to Section 504 of the federal Rehabilitation Act
243	243	14 of 1973, whether the student is an English language
244	244	15 learner, and the reason for referral organized by offense.
245	245	16 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
246	246	17 Sec. 10-20.14. Student discipline policies; parent-teacher
247	247	18 advisory committee.
248	248	19 (a) To establish and maintain a parent-teacher advisory
249	249	20 committee to develop with the school board or governing body
250	250	21 of a charter school policy guidelines on pupil discipline,
251	251	22 including school searches and bullying prevention as set forth
252	252	23 in Section 27-23.7 of this Code. School authorities shall
253	253	24 furnish a copy of the policy to the parents or guardian of each
254	254	25 pupil within 15 days after the beginning of the school year, or
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265	265	1 within 15 days after starting classes for a pupil who
266	266	2 transfers into the district during the school year, and the
267	267	3 school board or governing body of a charter school shall
268	268	4 require that a school inform its pupils of the contents of the
269	269	5 policy. School boards and the governing bodies of charter
270	270	6 schools, along with the parent-teacher advisory committee,
271	271	7 must annually review their pupil discipline policies, the
272	272	8 implementation of those policies, and any other factors
273	273	9 related to the safety of their schools, pupils, and staff.
274	274	10 (a-5) On or before September 15, 2016, each elementary and
275	275	11 secondary school and charter school shall, at a minimum, adopt
276	276	12 pupil discipline policies that fulfill the requirements set
277	277	13 forth in this Section, subsections (a) and (b) of Section
278	278	14 10-22.6 of this Code, Section 34-19 of this Code if
279	279	15 applicable, and federal and State laws that provide special
280	280	16 requirements for the discipline of students with disabilities.
281	281	17 (b) The parent-teacher advisory committee in cooperation
282	282	18 with local law enforcement agencies shall develop, with the
283	283	19 school board, policy guideline procedures to establish and
284	284	20 maintain a reciprocal reporting system between the school
285	285	21 district and local law enforcement agencies regarding criminal
286	286	22 and civil offenses committed by students. School districts are
287	287	23 encouraged to create memoranda of understanding with local law
288	288	24 enforcement agencies that clearly define law enforcement's
289	289	25 role in schools, in accordance with Section 10-22.6 and
290	290	26 Section 2-3.204 of this Code.
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301	301	1 (c) The parent-teacher advisory committee, in cooperation
302	302	2 with school bus personnel, shall develop, with the school
303	303	3 board, policy guideline procedures to establish and maintain
304	304	4 school bus safety procedures. These procedures shall be
305	305	5 incorporated into the district's pupil discipline policy.
306	306	6 (d) The school board, in consultation with the
307	307	7 parent-teacher advisory committee and other community-based
308	308	8 organizations, must include provisions in the student
309	309	9 discipline policy to address students who have demonstrated
310	310	10 behaviors that put them at risk for aggressive behavior,
311	311	11 including without limitation bullying, as defined in the
312	312	12 policy. These provisions must include procedures for notifying
313	313	13 parents or legal guardians and early intervention procedures
314	314	14 based upon available community-based and district resources.
315	315	15 (Source: P.A. 99-456, eff. 9-15-16.)
316	316	16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
317	317	17 (Text of Section before amendment by P.A. 102-466)
318	318	18 Sec. 10-22.6. Suspension or expulsion of pupils; school
319	319	19 searches.
320	320	20 (a) To expel pupils guilty of gross disobedience or
321	321	21 misconduct, including gross disobedience or misconduct
322	322	22 perpetuated by electronic means, pursuant to subsection (b-20)
323	323	23 of this Section, and no action shall lie against them for such
324	324	24 expulsion. Expulsion shall take place only after the parents
325	325	25 have been requested to appear at a meeting of the board, or
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336	336	1 with a hearing officer appointed by it, to discuss their
337	337	2 child's behavior. Such request shall be made by registered or
338	338	3 certified mail and shall state the time, place and purpose of
339	339	4 the meeting. The board, or a hearing officer appointed by it,
340	340	5 at such meeting shall state the reasons for dismissal and the
341	341	6 date on which the expulsion is to become effective. If a
342	342	7 hearing officer is appointed by the board, he shall report to
343	343	8 the board a written summary of the evidence heard at the
344	344	9 meeting and the board may take such action thereon as it finds
345	345	10 appropriate. If the board acts to expel a pupil, the written
346	346	11 expulsion decision shall detail the specific reasons why
347	347	12 removing the pupil from the learning environment is in the
348	348	13 best interest of the school. The expulsion decision shall also
349	349	14 include a rationale as to the specific duration of the
350	350	15 expulsion. An expelled pupil may be immediately transferred to
351	351	16 an alternative program in the manner provided in Article 13A
352	352	17 or 13B of this Code. A pupil must not be denied transfer
353	353	18 because of the expulsion, except in cases in which such
354	354	19 transfer is deemed to cause a threat to the safety of students
355	355	20 or staff in the alternative program.
356	356	21 (b) To suspend or by policy to authorize the
357	357	22 superintendent of the district or the principal, assistant
358	358	23 principal, or dean of students of any school to suspend pupils
359	359	24 guilty of gross disobedience or misconduct, or to suspend
360	360	25 pupils guilty of gross disobedience or misconduct on the
361	361	26 school bus from riding the school bus, pursuant to subsections
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372	372	1 (b-15) and (b-20) of this Section, and no action shall lie
373	373	2 against them for such suspension. The board may by policy
374	374	3 authorize the superintendent of the district or the principal,
375	375	4 assistant principal, or dean of students of any school to
376	376	5 suspend pupils guilty of such acts for a period not to exceed
377	377	6 10 school days. If a pupil is suspended due to gross
378	378	7 disobedience or misconduct on a school bus, the board may
379	379	8 suspend the pupil in excess of 10 school days for safety
380	380	9 reasons.
381	381	10 Any suspension shall be reported immediately to the
382	382	11 parents or guardian of a pupil along with a full statement of
383	383	12 the reasons for such suspension and a notice of their right to
384	384	13 a review. The school board must be given a summary of the
385	385	14 notice, including the reason for the suspension and the
386	386	15 suspension length. Upon request of the parents or guardian,
387	387	16 the school board or a hearing officer appointed by it shall
388	388	17 review such action of the superintendent or principal,
389	389	18 assistant principal, or dean of students. At such review, the
390	390	19 parents or guardian of the pupil may appear and discuss the
391	391	20 suspension with the board or its hearing officer. If a hearing
392	392	21 officer is appointed by the board, he shall report to the board
393	393	22 a written summary of the evidence heard at the meeting. After
394	394	23 its hearing or upon receipt of the written report of its
395	395	24 hearing officer, the board may take such action as it finds
396	396	25 appropriate. If a student is suspended pursuant to this
397	397	26 subsection (b), the board shall, in the written suspension
398	398
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408	408	1 decision, detail the specific act of gross disobedience or
409	409	2 misconduct resulting in the decision to suspend. The
410	410	3 suspension decision shall also include a rationale as to the
411	411	4 specific duration of the suspension. A pupil who is suspended
412	412	5 in excess of 20 school days may be immediately transferred to
413	413	6 an alternative program in the manner provided in Article 13A
414	414	7 or 13B of this Code. A pupil must not be denied transfer
415	415	8 because of the suspension, except in cases in which such
416	416	9 transfer is deemed to cause a threat to the safety of students
417	417	10 or staff in the alternative program.
418	418	11 (b-5) Among the many possible disciplinary interventions
419	419	12 and consequences available to school officials, school
420	420	13 exclusions, such as out-of-school suspensions and expulsions,
421	421	14 are the most serious. School officials shall limit the number
422	422	15 and duration of expulsions and suspensions to the greatest
423	423	16 extent practicable, and it is recommended that they use them
424	424	17 only for legitimate educational purposes. To ensure that
425	425	18 students are not excluded from school unnecessarily, it is
426	426	19 recommended that school officials consider forms of
427	427	20 non-exclusionary discipline prior to using out-of-school
428	428	21 suspensions or expulsions.
429	429	22 (b-10) Unless otherwise required by federal law or this
430	430	23 Code, school boards may not institute zero-tolerance policies
431	431	24 by which school administrators are required to suspend or
432	432	25 expel students for particular behaviors.
433	433	26 (b-15) Out-of-school suspensions of 3 days or less may be
434	434
435	435
436	436
437	437
438	438
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444	444	1 used only if the student's continuing presence in school would
445	445	2 pose a threat to school safety or a disruption to other
446	446	3 students' learning opportunities. For purposes of this
447	447	4 subsection (b-15), "threat to school safety or a disruption to
448	448	5 other students' learning opportunities" shall be determined on
449	449	6 a case-by-case basis by the school board or its designee.
450	450	7 School officials shall make all reasonable efforts to resolve
451	451	8 such threats, address such disruptions, and minimize the
452	452	9 length of suspensions to the greatest extent practicable.
453	453	10 (b-20) Unless otherwise required by this Code,
454	454	11 out-of-school suspensions of longer than 3 days, expulsions,
455	455	12 and disciplinary removals to alternative schools may be used
456	456	13 only if other appropriate and available behavioral and
457	457	14 disciplinary interventions have been exhausted and the
458	458	15 student's continuing presence in school would either (i) pose
459	459	16 a threat to the safety of other students, staff, or members of
460	460	17 the school community or (ii) substantially disrupt, impede, or
461	461	18 interfere with the operation of the school. For purposes of
462	462	19 this subsection (b-20), "threat to the safety of other
463	463	20 students, staff, or members of the school community" and
464	464	21 "substantially disrupt, impede, or interfere with the
465	465	22 operation of the school" shall be determined on a case-by-case
466	466	23 basis by school officials. For purposes of this subsection
467	467	24 (b-20), the determination of whether "appropriate and
468	468	25 available behavioral and disciplinary interventions have been
469	469	26 exhausted" shall be made by school officials. School officials
470	470
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472	472
473	473
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480	480	1 shall make all reasonable efforts to resolve such threats,
481	481	2 address such disruptions, and minimize the length of student
482	482	3 exclusions to the greatest extent practicable. Within the
483	483	4 suspension decision described in subsection (b) of this
484	484	5 Section or the expulsion decision described in subsection (a)
485	485	6 of this Section, it shall be documented whether other
486	486	7 interventions were attempted or whether it was determined that
487	487	8 there were no other appropriate and available interventions.
488	488	9 (b-25) Students who are suspended out-of-school for longer
489	489	10 than 4 school days shall be provided appropriate and available
490	490	11 support services during the period of their suspension. For
491	491	12 purposes of this subsection (b-25), "appropriate and available
492	492	13 support services" shall be determined by school authorities.
493	493	14 Within the suspension decision described in subsection (b) of
494	494	15 this Section, it shall be documented whether such services are
495	495	16 to be provided or whether it was determined that there are no
496	496	17 such appropriate and available services.
497	497	18 A school district may refer students who are expelled to
498	498	19 appropriate and available support services.
499	499	20 A school district shall create a policy to facilitate the
500	500	21 re-engagement of students who are suspended out-of-school,
501	501	22 expelled, or returning from an alternative school setting.
502	502	23 (b-30) A school district shall create a policy by which
503	503	24 suspended pupils, including those pupils suspended from the
504	504	25 school bus who do not have alternate transportation to school,
505	505	26 shall have the opportunity to make up work for equivalent
506	506
507	507
508	508
509	509
510	510
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512	512
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516	516	1 academic credit. It shall be the responsibility of a pupil's
517	517	2 parent or guardian to notify school officials that a pupil
518	518	3 suspended from the school bus does not have alternate
519	519	4 transportation to school.
520	520	5 (c) A school board must invite a representative from a
521	521	6 local mental health agency to consult with the board at the
522	522	7 meeting whenever there is evidence that mental illness may be
523	523	8 the cause of a student's expulsion or suspension.
524	524	9 (c-5) School districts shall make reasonable efforts to
525	525	10 provide ongoing professional development to teachers,
526	526	11 administrators, school board members, school resource
527	527	12 officers, and staff on the adverse consequences of school
528	528	13 exclusion and justice-system involvement, effective classroom
529	529	14 management strategies, culturally responsive discipline, the
530	530	15 appropriate and available supportive services for the
531	531	16 promotion of student attendance and engagement, and
532	532	17 developmentally appropriate disciplinary methods that promote
533	533	18 positive and healthy school climates.
534	534	19 (d) The board may expel a student for a definite period of
535	535	20 time not to exceed 2 calendar years, as determined on a
536	536	21 case-by-case basis. A student who is determined to have
537	537	22 brought one of the following objects to school, any
538	538	23 school-sponsored activity or event, or any activity or event
539	539	24 that bears a reasonable relationship to school shall be
540	540	25 expelled for a period of not less than one year:
541	541	26 (1) A firearm. For the purposes of this Section,
542	542
543	543
544	544
545	545
546	546
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548	548
549	549
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551	551	HB5478 - 15 - LRB103 37522 RJT 67645 b
552	552	1 "firearm" means any gun, rifle, shotgun, weapon as defined
553	553	2 by Section 921 of Title 18 of the United States Code,
554	554	3 firearm as defined in Section 1.1 of the Firearm Owners
555	555	4 Identification Card Act, or firearm as defined in Section
556	556	5 24-1 of the Criminal Code of 2012. The expulsion period
557	557	6 under this subdivision (1) may be modified by the
558	558	7 superintendent, and the superintendent's determination may
559	559	8 be modified by the board on a case-by-case basis.
560	560	9 (2) A knife, brass knuckles or other knuckle weapon
561	561	10 regardless of its composition, a billy club, or any other
562	562	11 object if used or attempted to be used to cause bodily
563	563	12 harm, including "look alikes" of any firearm as defined in
564	564	13 subdivision (1) of this subsection (d). The expulsion
565	565	14 requirement under this subdivision (2) may be modified by
566	566	15 the superintendent, and the superintendent's determination
567	567	16 may be modified by the board on a case-by-case basis.
568	568	17 Expulsion or suspension shall be construed in a manner
569	569	18 consistent with the federal Individuals with Disabilities
570	570	19 Education Act. A student who is subject to suspension or
571	571	20 expulsion as provided in this Section may be eligible for a
572	572	21 transfer to an alternative school program in accordance with
573	573	22 Article 13A of the School Code.
574	574	23 (d-5) The board may suspend or by regulation authorize the
575	575	24 superintendent of the district or the principal, assistant
576	576	25 principal, or dean of students of any school to suspend a
577	577	26 student for a period not to exceed 10 school days or may expel
578	578
579	579
580	580
581	581
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588	588	1 a student for a definite period of time not to exceed 2
589	589	2 calendar years, as determined on a case-by-case basis, if (i)
590	590	3 that student has been determined to have made an explicit
591	591	4 threat on an Internet website against a school employee, a
592	592	5 student, or any school-related personnel, (ii) the Internet
593	593	6 website through which the threat was made is a site that was
594	594	7 accessible within the school at the time the threat was made or
595	595	8 was available to third parties who worked or studied within
596	596	9 the school grounds at the time the threat was made, and (iii)
597	597	10 the threat could be reasonably interpreted as threatening to
598	598	11 the safety and security of the threatened individual because
599	599	12 of his or her duties or employment status or status as a
600	600	13 student inside the school.
601	601	14 (e) To maintain order and security in the schools, school
602	602	15 authorities may inspect and search places and areas such as
603	603	16 lockers, desks, parking lots, and other school property and
604	604	17 equipment owned or controlled by the school, as well as
605	605	18 personal effects left in those places and areas by students,
606	606	19 without notice to or the consent of the student, and without a
607	607	20 search warrant. As a matter of public policy, the General
608	608	21 Assembly finds that students have no reasonable expectation of
609	609	22 privacy in these places and areas or in their personal effects
610	610	23 left in these places and areas. School authorities may request
611	611	24 the assistance of law enforcement officials for the purpose of
612	612	25 conducting inspections and searches of lockers, desks, parking
613	613	26 lots, and other school property and equipment owned or
614	614
615	615
616	616
617	617
618	618
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624	624	1 controlled by the school for illegal drugs, weapons, or other
625	625	2 illegal or dangerous substances or materials, including
626	626	3 searches conducted through the use of specially trained dogs.
627	627	4 If a search conducted in accordance with this Section produces
628	628	5 evidence that the student has violated or is violating either
629	629	6 the law, local ordinance, or the school's policies or rules,
630	630	7 such evidence may be seized by school authorities, and
631	631	8 disciplinary action may be taken. School authorities may also
632	632	9 turn over such evidence to law enforcement authorities.
633	633	10 (f) Suspension or expulsion may include suspension or
634	634	11 expulsion from school and all school activities and a
635	635	12 prohibition from being present on school grounds.
636	636	13 (g) A school district may adopt a policy providing that if
637	637	14 a student is suspended or expelled for any reason from any
638	638	15 public or private school in this or any other state, the
639	639	16 student must complete the entire term of the suspension or
640	640	17 expulsion in an alternative school program under Article 13A
641	641	18 of this Code or an alternative learning opportunities program
642	642	19 under Article 13B of this Code before being admitted into the
643	643	20 school district if there is no threat to the safety of students
644	644	21 or staff in the alternative program.
645	645	22 (h) School officials shall not advise or encourage
646	646	23 students to drop out voluntarily due to behavioral or academic
647	647	24 difficulties.
648	648	25 (i) School personnel may not issue A student may not be
649	649	26 issued a monetary fine, or fee, or municipal ticket for
650	650
651	651
652	652
653	653
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660	660	1 school-based behavior as a disciplinary consequence, though
661	661	2 this shall not preclude requiring a student to provide
662	662	3 restitution for lost, stolen, or damaged property. This
663	663	4 subsection (i) does not modify school disciplinary responses
664	664	5 provided under this Section or Section 10-20.14 of this Code
665	665	6 that exist before the effective date of this amendatory Act of
666	666	7 the 103rd General Assembly or responses to alleged delinquent
667	667	8 or criminal conduct set forth in this Code, Article V of the
668	668	9 Juvenile Court Act of 1987, or the Criminal Code of 2012.
669	669	10 (j) Subsections (a) through (i) of this Section shall
670	670	11 apply to elementary and secondary schools, charter schools,
671	671	12 special charter districts, and school districts organized
672	672	13 under Article 34 of this Code.
673	673	14 (k) The expulsion of children enrolled in programs funded
674	674	15 under Section 1C-2 of this Code is subject to the requirements
675	675	16 under paragraph (7) of subsection (a) of Section 2-3.71 of
676	676	17 this Code.
677	677	18 (l) Beginning with the 2018-2019 school year, an in-school
678	678	19 suspension program provided by a school district for any
679	679	20 students in kindergarten through grade 12 may focus on
680	680	21 promoting non-violent conflict resolution and positive
681	681	22 interaction with other students and school personnel. A school
682	682	23 district may employ a school social worker or a licensed
683	683	24 mental health professional to oversee an in-school suspension
684	684	25 program in kindergarten through grade 12.
685	685	26 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
686	686
687	687
688	688
689	689
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696	696	1 102-813, eff. 5-13-22.)
697	697	2 (Text of Section after amendment by P.A. 102-466)
698	698	3 Sec. 10-22.6. Suspension or expulsion of pupils; school
699	699	4 searches.
700	700	5 (a) To expel pupils guilty of gross disobedience or
701	701	6 misconduct, including gross disobedience or misconduct
702	702	7 perpetuated by electronic means, pursuant to subsection (b-20)
703	703	8 of this Section, and no action shall lie against them for such
704	704	9 expulsion. Expulsion shall take place only after the parents
705	705	10 or guardians have been requested to appear at a meeting of the
706	706	11 board, or with a hearing officer appointed by it, to discuss
707	707	12 their child's behavior. Such request shall be made by
708	708	13 registered or certified mail and shall state the time, place
709	709	14 and purpose of the meeting. The board, or a hearing officer
710	710	15 appointed by it, at such meeting shall state the reasons for
711	711	16 dismissal and the date on which the expulsion is to become
712	712	17 effective. If a hearing officer is appointed by the board, he
713	713	18 shall report to the board a written summary of the evidence
714	714	19 heard at the meeting and the board may take such action thereon
715	715	20 as it finds appropriate. If the board acts to expel a pupil,
716	716	21 the written expulsion decision shall detail the specific
717	717	22 reasons why removing the pupil from the learning environment
718	718	23 is in the best interest of the school. The expulsion decision
719	719	24 shall also include a rationale as to the specific duration of
720	720	25 the expulsion. An expelled pupil may be immediately
721	721
722	722
723	723
724	724
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731	731	1 transferred to an alternative program in the manner provided
732	732	2 in Article 13A or 13B of this Code. A pupil must not be denied
733	733	3 transfer because of the expulsion, except in cases in which
734	734	4 such transfer is deemed to cause a threat to the safety of
735	735	5 students or staff in the alternative program.
736	736	6 (b) To suspend or by policy to authorize the
737	737	7 superintendent of the district or the principal, assistant
738	738	8 principal, or dean of students of any school to suspend pupils
739	739	9 guilty of gross disobedience or misconduct, or to suspend
740	740	10 pupils guilty of gross disobedience or misconduct on the
741	741	11 school bus from riding the school bus, pursuant to subsections
742	742	12 (b-15) and (b-20) of this Section, and no action shall lie
743	743	13 against them for such suspension. The board may by policy
744	744	14 authorize the superintendent of the district or the principal,
745	745	15 assistant principal, or dean of students of any school to
746	746	16 suspend pupils guilty of such acts for a period not to exceed
747	747	17 10 school days. If a pupil is suspended due to gross
748	748	18 disobedience or misconduct on a school bus, the board may
749	749	19 suspend the pupil in excess of 10 school days for safety
750	750	20 reasons.
751	751	21 Any suspension shall be reported immediately to the
752	752	22 parents or guardians of a pupil along with a full statement of
753	753	23 the reasons for such suspension and a notice of their right to
754	754	24 a review. The school board must be given a summary of the
755	755	25 notice, including the reason for the suspension and the
756	756	26 suspension length. Upon request of the parents or guardians,
757	757
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767	767	1 the school board or a hearing officer appointed by it shall
768	768	2 review such action of the superintendent or principal,
769	769	3 assistant principal, or dean of students. At such review, the
770	770	4 parents or guardians of the pupil may appear and discuss the
771	771	5 suspension with the board or its hearing officer. If a hearing
772	772	6 officer is appointed by the board, he shall report to the board
773	773	7 a written summary of the evidence heard at the meeting. After
774	774	8 its hearing or upon receipt of the written report of its
775	775	9 hearing officer, the board may take such action as it finds
776	776	10 appropriate. If a student is suspended pursuant to this
777	777	11 subsection (b), the board shall, in the written suspension
778	778	12 decision, detail the specific act of gross disobedience or
779	779	13 misconduct resulting in the decision to suspend. The
780	780	14 suspension decision shall also include a rationale as to the
781	781	15 specific duration of the suspension. A pupil who is suspended
782	782	16 in excess of 20 school days may be immediately transferred to
783	783	17 an alternative program in the manner provided in Article 13A
784	784	18 or 13B of this Code. A pupil must not be denied transfer
785	785	19 because of the suspension, except in cases in which such
786	786	20 transfer is deemed to cause a threat to the safety of students
787	787	21 or staff in the alternative program.
788	788	22 (b-5) Among the many possible disciplinary interventions
789	789	23 and consequences available to school officials, school
790	790	24 exclusions, such as out-of-school suspensions and expulsions,
791	791	25 are the most serious. School officials shall limit the number
792	792	26 and duration of expulsions and suspensions to the greatest
793	793
794	794
795	795
796	796
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799	799
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803	803	1 extent practicable, and it is recommended that they use them
804	804	2 only for legitimate educational purposes. To ensure that
805	805	3 students are not excluded from school unnecessarily, it is
806	806	4 recommended that school officials consider forms of
807	807	5 non-exclusionary discipline prior to using out-of-school
808	808	6 suspensions or expulsions.
809	809	7 (b-10) Unless otherwise required by federal law or this
810	810	8 Code, school boards may not institute zero-tolerance policies
811	811	9 by which school administrators are required to suspend or
812	812	10 expel students for particular behaviors.
813	813	11 (b-15) Out-of-school suspensions of 3 days or less may be
814	814	12 used only if the student's continuing presence in school would
815	815	13 pose a threat to school safety or a disruption to other
816	816	14 students' learning opportunities. For purposes of this
817	817	15 subsection (b-15), "threat to school safety or a disruption to
818	818	16 other students' learning opportunities" shall be determined on
819	819	17 a case-by-case basis by the school board or its designee.
820	820	18 School officials shall make all reasonable efforts to resolve
821	821	19 such threats, address such disruptions, and minimize the
822	822	20 length of suspensions to the greatest extent practicable.
823	823	21 (b-20) Unless otherwise required by this Code,
824	824	22 out-of-school suspensions of longer than 3 days, expulsions,
825	825	23 and disciplinary removals to alternative schools may be used
826	826	24 only if other appropriate and available behavioral and
827	827	25 disciplinary interventions have been exhausted and the
828	828	26 student's continuing presence in school would either (i) pose
829	829
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831	831
832	832
833	833
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835	835
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839	839	1 a threat to the safety of other students, staff, or members of
840	840	2 the school community or (ii) substantially disrupt, impede, or
841	841	3 interfere with the operation of the school. For purposes of
842	842	4 this subsection (b-20), "threat to the safety of other
843	843	5 students, staff, or members of the school community" and
844	844	6 "substantially disrupt, impede, or interfere with the
845	845	7 operation of the school" shall be determined on a case-by-case
846	846	8 basis by school officials. For purposes of this subsection
847	847	9 (b-20), the determination of whether "appropriate and
848	848	10 available behavioral and disciplinary interventions have been
849	849	11 exhausted" shall be made by school officials. School officials
850	850	12 shall make all reasonable efforts to resolve such threats,
851	851	13 address such disruptions, and minimize the length of student
852	852	14 exclusions to the greatest extent practicable. Within the
853	853	15 suspension decision described in subsection (b) of this
854	854	16 Section or the expulsion decision described in subsection (a)
855	855	17 of this Section, it shall be documented whether other
856	856	18 interventions were attempted or whether it was determined that
857	857	19 there were no other appropriate and available interventions.
858	858	20 (b-25) Students who are suspended out-of-school for longer
859	859	21 than 4 school days shall be provided appropriate and available
860	860	22 support services during the period of their suspension. For
861	861	23 purposes of this subsection (b-25), "appropriate and available
862	862	24 support services" shall be determined by school authorities.
863	863	25 Within the suspension decision described in subsection (b) of
864	864	26 this Section, it shall be documented whether such services are
865	865
866	866
867	867
868	868
869	869
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871	871
872	872
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874	874	HB5478 - 24 - LRB103 37522 RJT 67645 b
875	875	1 to be provided or whether it was determined that there are no
876	876	2 such appropriate and available services.
877	877	3 A school district may refer students who are expelled to
878	878	4 appropriate and available support services.
879	879	5 A school district shall create a policy to facilitate the
880	880	6 re-engagement of students who are suspended out-of-school,
881	881	7 expelled, or returning from an alternative school setting.
882	882	8 (b-30) A school district shall create a policy by which
883	883	9 suspended pupils, including those pupils suspended from the
884	884	10 school bus who do not have alternate transportation to school,
885	885	11 shall have the opportunity to make up work for equivalent
886	886	12 academic credit. It shall be the responsibility of a pupil's
887	887	13 parents or guardians to notify school officials that a pupil
888	888	14 suspended from the school bus does not have alternate
889	889	15 transportation to school.
890	890	16 (b-35) In all suspension review hearings conducted under
891	891	17 subsection (b) or expulsion hearings conducted under
892	892	18 subsection (a), a student may disclose any factor to be
893	893	19 considered in mitigation, including his or her status as a
894	894	20 parent, expectant parent, or victim of domestic or sexual
895	895	21 violence, as defined in Article 26A. A representative of the
896	896	22 parent's or guardian's choice, or of the student's choice if
897	897	23 emancipated, must be permitted to represent the student
898	898	24 throughout the proceedings and to address the school board or
899	899	25 its appointed hearing officer. With the approval of the
900	900	26 student's parent or guardian, or of the student if
901	901
902	902
903	903
904	904
905	905
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907	907
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911	911	1 emancipated, a support person must be permitted to accompany
912	912	2 the student to any disciplinary hearings or proceedings. The
913	913	3 representative or support person must comply with any rules of
914	914	4 the school district's hearing process. If the representative
915	915	5 or support person violates the rules or engages in behavior or
916	916	6 advocacy that harasses, abuses, or intimidates either party, a
917	917	7 witness, or anyone else in attendance at the hearing, the
918	918	8 representative or support person may be prohibited from
919	919	9 further participation in the hearing or proceeding. A
920	920	10 suspension or expulsion proceeding under this subsection
921	921	11 (b-35) must be conducted independently from any ongoing
922	922	12 criminal investigation or proceeding, and an absence of
923	923	13 pending or possible criminal charges, criminal investigations,
924	924	14 or proceedings may not be a factor in school disciplinary
925	925	15 decisions.
926	926	16 (b-40) During a suspension review hearing conducted under
927	927	17 subsection (b) or an expulsion hearing conducted under
928	928	18 subsection (a) that involves allegations of sexual violence by
929	929	19 the student who is subject to discipline, neither the student
930	930	20 nor his or her representative shall directly question nor have
931	931	21 direct contact with the alleged victim. The student who is
932	932	22 subject to discipline or his or her representative may, at the
933	933	23 discretion and direction of the school board or its appointed
934	934	24 hearing officer, suggest questions to be posed by the school
935	935	25 board or its appointed hearing officer to the alleged victim.
936	936	26 (c) A school board must invite a representative from a
937	937
938	938
939	939
940	940
941	941
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943	943
944	944
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946	946	HB5478 - 26 - LRB103 37522 RJT 67645 b
947	947	1 local mental health agency to consult with the board at the
948	948	2 meeting whenever there is evidence that mental illness may be
949	949	3 the cause of a student's expulsion or suspension.
950	950	4 (c-5) School districts shall make reasonable efforts to
951	951	5 provide ongoing professional development to teachers,
952	952	6 administrators, school board members, school resource
953	953	7 officers, and staff on the adverse consequences of school
954	954	8 exclusion and justice-system involvement, effective classroom
955	955	9 management strategies, culturally responsive discipline, the
956	956	10 appropriate and available supportive services for the
957	957	11 promotion of student attendance and engagement, and
958	958	12 developmentally appropriate disciplinary methods that promote
959	959	13 positive and healthy school climates.
960	960	14 (d) The board may expel a student for a definite period of
961	961	15 time not to exceed 2 calendar years, as determined on a
962	962	16 case-by-case basis. A student who is determined to have
963	963	17 brought one of the following objects to school, any
964	964	18 school-sponsored activity or event, or any activity or event
965	965	19 that bears a reasonable relationship to school shall be
966	966	20 expelled for a period of not less than one year:
967	967	21 (1) A firearm. For the purposes of this Section,
968	968	22 "firearm" means any gun, rifle, shotgun, weapon as defined
969	969	23 by Section 921 of Title 18 of the United States Code,
970	970	24 firearm as defined in Section 1.1 of the Firearm Owners
971	971	25 Identification Card Act, or firearm as defined in Section
972	972	26 24-1 of the Criminal Code of 2012. The expulsion period
973	973
974	974
975	975
976	976
977	977
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979	979
980	980
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982	982	HB5478 - 27 - LRB103 37522 RJT 67645 b
983	983	1 under this subdivision (1) may be modified by the
984	984	2 superintendent, and the superintendent's determination may
985	985	3 be modified by the board on a case-by-case basis.
986	986	4 (2) A knife, brass knuckles or other knuckle weapon
987	987	5 regardless of its composition, a billy club, or any other
988	988	6 object if used or attempted to be used to cause bodily
989	989	7 harm, including "look alikes" of any firearm as defined in
990	990	8 subdivision (1) of this subsection (d). The expulsion
991	991	9 requirement under this subdivision (2) may be modified by
992	992	10 the superintendent, and the superintendent's determination
993	993	11 may be modified by the board on a case-by-case basis.
994	994	12 Expulsion or suspension shall be construed in a manner
995	995	13 consistent with the federal Individuals with Disabilities
996	996	14 Education Act. A student who is subject to suspension or
997	997	15 expulsion as provided in this Section may be eligible for a
998	998	16 transfer to an alternative school program in accordance with
999	999	17 Article 13A of the School Code.
1000	1000	18 (d-5) The board may suspend or by regulation authorize the
1001	1001	19 superintendent of the district or the principal, assistant
1002	1002	20 principal, or dean of students of any school to suspend a
1003	1003	21 student for a period not to exceed 10 school days or may expel
1004	1004	22 a student for a definite period of time not to exceed 2
1005	1005	23 calendar years, as determined on a case-by-case basis, if (i)
1006	1006	24 that student has been determined to have made an explicit
1007	1007	25 threat on an Internet website against a school employee, a
1008	1008	26 student, or any school-related personnel, (ii) the Internet
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013
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1015	1015
1016	1016
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1018	1018	HB5478 - 28 - LRB103 37522 RJT 67645 b
1019	1019	1 website through which the threat was made is a site that was
1020	1020	2 accessible within the school at the time the threat was made or
1021	1021	3 was available to third parties who worked or studied within
1022	1022	4 the school grounds at the time the threat was made, and (iii)
1023	1023	5 the threat could be reasonably interpreted as threatening to
1024	1024	6 the safety and security of the threatened individual because
1025	1025	7 of his or her duties or employment status or status as a
1026	1026	8 student inside the school.
1027	1027	9 (e) To maintain order and security in the schools, school
1028	1028	10 authorities may inspect and search places and areas such as
1029	1029	11 lockers, desks, parking lots, and other school property and
1030	1030	12 equipment owned or controlled by the school, as well as
1031	1031	13 personal effects left in those places and areas by students,
1032	1032	14 without notice to or the consent of the student, and without a
1033	1033	15 search warrant. As a matter of public policy, the General
1034	1034	16 Assembly finds that students have no reasonable expectation of
1035	1035	17 privacy in these places and areas or in their personal effects
1036	1036	18 left in these places and areas. School authorities may request
1037	1037	19 the assistance of law enforcement officials for the purpose of
1038	1038	20 conducting inspections and searches of lockers, desks, parking
1039	1039	21 lots, and other school property and equipment owned or
1040	1040	22 controlled by the school for illegal drugs, weapons, or other
1041	1041	23 illegal or dangerous substances or materials, including
1042	1042	24 searches conducted through the use of specially trained dogs.
1043	1043	25 If a search conducted in accordance with this Section produces
1044	1044	26 evidence that the student has violated or is violating either
1045	1045
1046	1046
1047	1047
1048	1048
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1051	1051
1052	1052
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1055	1055	1 the law, local ordinance, or the school's policies or rules,
1056	1056	2 such evidence may be seized by school authorities, and
1057	1057	3 disciplinary action may be taken. School authorities may also
1058	1058	4 turn over such evidence to law enforcement authorities.
1059	1059	5 (f) Suspension or expulsion may include suspension or
1060	1060	6 expulsion from school and all school activities and a
1061	1061	7 prohibition from being present on school grounds.
1062	1062	8 (g) A school district may adopt a policy providing that if
1063	1063	9 a student is suspended or expelled for any reason from any
1064	1064	10 public or private school in this or any other state, the
1065	1065	11 student must complete the entire term of the suspension or
1066	1066	12 expulsion in an alternative school program under Article 13A
1067	1067	13 of this Code or an alternative learning opportunities program
1068	1068	14 under Article 13B of this Code before being admitted into the
1069	1069	15 school district if there is no threat to the safety of students
1070	1070	16 or staff in the alternative program. A school district that
1071	1071	17 adopts a policy under this subsection (g) must include a
1072	1072	18 provision allowing for consideration of any mitigating
1073	1073	19 factors, including, but not limited to, a student's status as
1074	1074	20 a parent, expectant parent, or victim of domestic or sexual
1075	1075	21 violence, as defined in Article 26A.
1076	1076	22 (h) School officials shall not advise or encourage
1077	1077	23 students to drop out voluntarily due to behavioral or academic
1078	1078	24 difficulties.
1079	1079	25 (i) School personnel may not issue A student may not be
1080	1080	26 issued a monetary fine, or fee, or municipal ticket for
1081	1081
1082	1082
1083	1083
1084	1084
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1087	1087
1088	1088
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1090	1090	HB5478 - 30 - LRB103 37522 RJT 67645 b
1091	1091	1 school-based behavior as a disciplinary consequence, though
1092	1092	2 this shall not preclude requiring a student to provide
1093	1093	3 restitution for lost, stolen, or damaged property. This
1094	1094	4 subsection (i) does not modify school disciplinary responses
1095	1095	5 provided under this Section or Section 10-20.14 of this Code
1096	1096	6 that exist before the effective date of this amendatory Act of
1097	1097	7 the 103rd General Assembly or responses to alleged delinquent
1098	1098	8 or criminal conduct set forth in this Code, Article V of the
1099	1099	9 Juvenile Court Act of 1987, or the Criminal Code of 2012.
1100	1100	10 (j) Subsections (a) through (i) of this Section shall
1101	1101	11 apply to elementary and secondary schools, charter schools,
1102	1102	12 special charter districts, and school districts organized
1103	1103	13 under Article 34 of this Code.
1104	1104	14 (k) The expulsion of children enrolled in programs funded
1105	1105	15 under Section 1C-2 of this Code is subject to the requirements
1106	1106	16 under paragraph (7) of subsection (a) of Section 2-3.71 of
1107	1107	17 this Code.
1108	1108	18 (l) Beginning with the 2018-2019 school year, an in-school
1109	1109	19 suspension program provided by a school district for any
1110	1110	20 students in kindergarten through grade 12 may focus on
1111	1111	21 promoting non-violent conflict resolution and positive
1112	1112	22 interaction with other students and school personnel. A school
1113	1113	23 district may employ a school social worker or a licensed
1114	1114	24 mental health professional to oversee an in-school suspension
1115	1115	25 program in kindergarten through grade 12.
1116	1116	26 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
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1123	1123
1124	1124
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1127	1127	1 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
1128	1128	2 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
1129	1129	3 Sec. 26-12. Punitive action.
1130	1130	4 (a) No punitive action, including out-of-school
1131	1131	5 suspensions, expulsions, or court action, shall be taken
1132	1132	6 against truant minors for such truancy unless appropriate and
1133	1133	7 available supportive services and other school resources have
1134	1134	8 been provided to the student. Notwithstanding the provisions
1135	1135	9 of Section 10-22.6 of this Code, a truant minor may not be
1136	1136	10 expelled for nonattendance unless he or she has accrued 15
1137	1137	11 consecutive days of absences without valid cause and the
1138	1138	12 student cannot be located by the school district or the school
1139	1139	13 district has located the student but cannot, after exhausting
1140	1140	14 all available supportive services, compel the student to
1141	1141	15 return to school.
1142	1142	16 (b) School personnel A school district may not refer a
1143	1143	17 truant, chronic truant, or truant minor to any other local
1144	1144	18 public entity, as defined under Section 1-206 of the Local
1145	1145	19 Governmental and Governmental Employees Tort Immunity Act,
1146	1146	20 school resource officer, as defined under Section 10-20.68 of
1147	1147	21 this Code, or peace officer, as defined under Section 2-13 of
1148	1148	22 the Criminal Code of 2012, for that local public entity to
1149	1149	23 issue the child a fine or a fee as punishment for his or her
1150	1150	24 truancy.
1151	1151	25 (c) A school district may refer any person having custody
1152	1152
1153	1153
1154	1154
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1158	1158
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1162	1162	1 or control of a truant, chronic truant, or truant minor to any
1163	1163	2 other local public entity, as defined under Section 1-206 of
1164	1164	3 the Local Governmental and Governmental Employees Tort
1165	1165	4 Immunity Act, for that local public entity to issue the person
1166	1166	5 a fine or fee for the child's truancy only if the school
1167	1167	6 district's truant officer, regional office of education, or
1168	1168	7 intermediate service center has been notified of the truant
1169	1169	8 behavior and the school district, regional office of
1170	1170	9 education, or intermediate service center has offered all
1171	1171	10 appropriate and available supportive services and other school
1172	1172	11 resources to the child. Before a school district may refer a
1173	1173	12 person having custody or control of a child to a municipality,
1174	1174	13 as defined under Section 1-1-2 of the Illinois Municipal Code,
1175	1175	14 the school district must provide the following appropriate and
1176	1176	15 available services:
1177	1177	16 (1) For any child who is a homeless child, as defined
1178	1178	17 under Section 1-5 of the Education for Homeless Children
1179	1179	18 Act, a meeting between the child, the person having
1180	1180	19 custody or control of the child, relevant school
1181	1181	20 personnel, and a homeless liaison to discuss any barriers
1182	1182	21 to the child's attendance due to the child's transitional
1183	1183	22 living situation and to construct a plan that removes
1184	1184	23 these barriers.
1185	1185	24 (2) For any child with a documented disability, a
1186	1186	25 meeting between the child, the person having custody or
1187	1187	26 control of the child, and relevant school personnel to
1188	1188
1189	1189
1190	1190
1191	1191
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1194	1194
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1198	1198	1 review the child's current needs and address the
1199	1199	2 appropriateness of the child's placement and services. For
1200	1200	3 any child subject to Article 14 of this Code, this meeting
1201	1201	4 shall be an individualized education program meeting and
1202	1202	5 shall include relevant members of the individualized
1203	1203	6 education program team. For any child with a disability
1204	1204	7 under Section 504 of the federal Rehabilitation Act of
1205	1205	8 1973 (29 U.S.C. 794), this meeting shall be a Section 504
1206	1206	9 plan review and include relevant members of the Section
1207	1207	10 504 plan team.
1208	1208	11 (3) For any child currently being evaluated by a
1209	1209	12 school district for a disability or for whom the school
1210	1210	13 has a basis of knowledge that the child is a child with a
1211	1211	14 disability under 20 U.S.C. 1415(k)(5), the completion of
1212	1212	15 the evaluation and determination of the child's
1213	1213	16 eligibility for special education services.
1214	1214	17 (d) Before a school district may refer a person having
1215	1215	18 custody or control of a child to a local public entity under
1216	1216	19 this Section, the school district must document any
1217	1217	20 appropriate and available supportive services offered to the
1218	1218	21 child. In the event a meeting under this Section does not
1219	1219	22 occur, a school district must have documentation that it made
1220	1220	23 reasonable efforts to convene the meeting at a mutually
1221	1221	24 convenient time and date for the school district and the
1222	1222	25 person having custody or control of the child and, but for the
1223	1223	26 conduct of that person, the meeting would have occurred.
1224	1224
1225	1225
1226	1226
1227	1227
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1230	1230
1231	1231
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1234	1234	1 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
1235	1235	2 101-81, eff. 7-12-19.)
1236	1236	3 Section 95. No acceleration or delay. Where this Act makes
1237	1237	4 changes in a statute that is represented in this Act by text
1238	1238	5 that is not yet or no longer in effect (for example, a Section
1239	1239	6 represented by multiple versions), the use of that text does
1240	1240	7 not accelerate or delay the taking effect of (i) the changes
1241	1241	8 made by this Act or (ii) provisions derived from any other
1242	1242	9 Public Act.
1243	1243
1244	1244
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