Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1400 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0896
2	1		SB1400 EnrolledLRB103 25975 RJT 52329 b SB1400 Enrolled LRB103 25975 RJT 52329 b
3	2		SB1400 Enrolled LRB103 25975 RJT 52329 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Sections
8		-	10-20.14 and 10-22.6 as follows:
9		-	(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
10		-	Sec. 10-20.14. Student discipline policies; parent-teacher
11		-	advisory committee.
12		-	(a) To establish and maintain a parent-teacher advisory
13		-	committee to develop with the school board or governing body
14		-	of a charter school policy guidelines on student pupil
15		-	discipline, including school searches and bullying prevention
16		-	as set forth in Section 27-23.7 of this Code. School
17		-	authorities shall furnish a copy of the policy to the parents
18		-	or guardian of each student pupil within 15 days after the
19		-	beginning of the school year, or within 15 days after starting
20		-	classes for a student pupil who transfers into the district
21		-	during the school year, and the school board or governing body
22		-	of a charter school shall require that a school inform its
23		-	students pupils of the contents of the policy. School boards
24		-	and the governing bodies of charter schools, along with the
25		-	parent-teacher advisory committee, must annually review their
26		-	student pupil discipline policies and , the implementation of
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Sections
	7	+	5 10-20.14 and 10-22.6 as follows:
	8	+	6 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
	9	+	7 Sec. 10-20.14. Student discipline policies; parent-teacher
	10	+	8 advisory committee.
	11	+	9 (a) To establish and maintain a parent-teacher advisory
	12	+	10 committee to develop with the school board or governing body
	13	+	11 of a charter school policy guidelines on student pupil
	14	+	12 discipline, including school searches and bullying prevention
	15	+	13 as set forth in Section 27-23.7 of this Code. School
	16	+	14 authorities shall furnish a copy of the policy to the parents
	17	+	15 or guardian of each student pupil within 15 days after the
	18	+	16 beginning of the school year, or within 15 days after starting
	19	+	17 classes for a student pupil who transfers into the district
	20	+	18 during the school year, and the school board or governing body
	21	+	19 of a charter school shall require that a school inform its
	22	+	20 students pupils of the contents of the policy. School boards
	23	+	21 and the governing bodies of charter schools, along with the
	24	+	22 parent-teacher advisory committee, must annually review their
	25	+	23 student pupil discipline policies and , the implementation of
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33		-	those policies, and any other factors related to the safety of
34		-	their schools, students pupils, and school personnel staff.
35		-	(a-5) On or before September 15, 2016, each elementary and
36		-	secondary school and charter school shall, at a minimum, adopt
37		-	student pupil discipline policies that fulfill the
38		-	requirements set forth in this Section, subsections (a) and
39		-	(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
40		-	if applicable, and federal and State laws that provide special
41		-	requirements for the discipline of students with disabilities.
42		-	(b) The parent-teacher advisory committee in cooperation
43		-	with local law enforcement agencies shall develop, with the
44		-	school board, policy guideline procedures to establish and
45		-	maintain a reciprocal reporting system between the school
46		-	district and local law enforcement agencies regarding criminal
47		-	offenses committed by students. School districts are
48		-	encouraged to create memoranda of understanding with local law
49		-	enforcement agencies that clearly define law enforcement's
50		-	role in schools, in accordance with Section 10-22.6 of this
51		-	Code. In consultation with stakeholders deemed appropriate by
52		-	the State Board of Education, the State Board of Education
53		-	shall draft and publish guidance for the development of
54		-	reciprocal reporting systems in accordance with this Section
55		-	on or before July 1, 2025.
56		-	(c) The parent-teacher advisory committee, in cooperation
57		-	with school bus personnel, shall develop, with the school
58		-	board, policy guideline procedures to establish and maintain
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	34	+	1 those policies, and any other factors related to the safety of
	35	+	2 their schools, students pupils, and school personnel staff.
	36	+	3 (a-5) On or before September 15, 2016, each elementary and
	37	+	4 secondary school and charter school shall, at a minimum, adopt
	38	+	5 student pupil discipline policies that fulfill the
	39	+	6 requirements set forth in this Section, subsections (a) and
	40	+	7 (b) of Section 10-22.6 of this Code, Section 34-19 of this Code
	41	+	8 if applicable, and federal and State laws that provide special
	42	+	9 requirements for the discipline of students with disabilities.
	43	+	10 (b) The parent-teacher advisory committee in cooperation
	44	+	11 with local law enforcement agencies shall develop, with the
	45	+	12 school board, policy guideline procedures to establish and
	46	+	13 maintain a reciprocal reporting system between the school
	47	+	14 district and local law enforcement agencies regarding criminal
	48	+	15 offenses committed by students. School districts are
	49	+	16 encouraged to create memoranda of understanding with local law
	50	+	17 enforcement agencies that clearly define law enforcement's
	51	+	18 role in schools, in accordance with Section 10-22.6 of this
	52	+	19 Code. In consultation with stakeholders deemed appropriate by
	53	+	20 the State Board of Education, the State Board of Education
	54	+	21 shall draft and publish guidance for the development of
	55	+	22 reciprocal reporting systems in accordance with this Section
	56	+	23 on or before July 1, 2025.
	57	+	24 (c) The parent-teacher advisory committee, in cooperation
	58	+	25 with school bus personnel, shall develop, with the school
	59	+	26 board, policy guideline procedures to establish and maintain
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60	61
61		-	school bus safety procedures. These procedures shall be
62		-	incorporated into the district's student pupil discipline
63		-	policy. In consultation with stakeholders deemed appropriate
64		-	by the State Board of Education, the State Board of Education
65		-	shall draft and publish guidance for school bus safety
66		-	procedures in accordance with this Section on or before July
67		-	1, 2025.
68		-	(d) As used in this subsection (d), "evidence-based
69		-	intervention" means intervention that has demonstrated a
70		-	statistically significant effect on improving student outcomes
71		-	as documented in peer-reviewed scholarly journals.
72		-	The school board, in consultation with the parent-teacher
73		-	advisory committee and other community-based organizations,
74		-	must include provisions in the student discipline policy to
75		-	address students who have demonstrated behaviors that put them
76		-	at risk for aggressive behavior, including without limitation
77		-	bullying, as defined in the policy. These provisions must
78		-	include procedures for notifying parents or legal guardians
79		-	and early intervention procedures based upon available
80		-	community-based and district resources.
81		-	In consultation with behavioral health experts, the State
82		-	Board of Education shall draft and publish guidance for
83		-	evidence-based intervention procedures, including examples, in
84		-	accordance with this Section on or before July 1, 2025.
85		-	(Source: P.A. 99-456, eff. 9-15-16.)
86	62
87	63
88		-	(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
89		-	(Text of Section before amendment by P.A. 102-466)
90		-	Sec. 10-22.6. Suspension or expulsion of students pupils;
91		-	school searches.
92		-	(a) To expel students pupils guilty of gross disobedience
93		-	or misconduct, including gross disobedience or misconduct
94		-	perpetuated by electronic means, pursuant to subsection (b-20)
95		-	of this Section, and no action shall lie against them for such
96		-	expulsion. Expulsion shall take place only after the parents
97		-	have been requested to appear at a meeting of the board, or
98		-	with a hearing officer appointed by it, to discuss their
99		-	child's behavior. Such request shall be made by registered or
100		-	certified mail and shall state the time, place and purpose of
101		-	the meeting. The board, or a hearing officer appointed by it,
102		-	at such meeting shall state the reasons for dismissal and the
103		-	date on which the expulsion is to become effective. If a
104		-	hearing officer is appointed by the board, the hearing officer
105		-	he shall report to the board a written summary of the evidence
106		-	heard at the meeting and the board may take such action thereon
107		-	as it finds appropriate. If the board acts to expel a student
108		-	pupil, the written expulsion decision shall detail the
109		-	specific reasons why removing the student pupil from the
110		-	learning environment is in the best interest of the school.
111		-	The expulsion decision shall also include a rationale as to
112		-	the specific duration of the expulsion. An expelled student
113		-	pupil may be immediately transferred to an alternative program
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116		-	in the manner provided in Article 13A or 13B of this Code. A
117		-	student pupil must not be denied transfer because of the
118		-	expulsion, except in cases in which such transfer is deemed to
119		-	cause a threat to the safety of students or staff in the
120		-	alternative program.
121		-	(b) To suspend or by policy to authorize the
122		-	superintendent of the district or the principal, assistant
123		-	principal, or dean of students of any school to suspend
124		-	students pupils guilty of gross disobedience or misconduct, or
125		-	to suspend students pupils guilty of gross disobedience or
126		-	misconduct on the school bus from riding the school bus,
127		-	pursuant to subsections (b-15) and (b-20) of this Section, and
128		-	no action shall lie against them for such suspension. The
129		-	board may by policy authorize the superintendent of the
130		-	district or the principal, assistant principal, or dean of
131		-	students of any school to suspend students pupils guilty of
132		-	such acts for a period not to exceed 10 school days. If a
133		-	student pupil is suspended due to gross disobedience or
134		-	misconduct on a school bus, the board may suspend the student
135		-	pupil in excess of 10 school days for safety reasons.
136		-	Any suspension shall be reported immediately to the
137		-	parents or guardian of a student pupil along with a full
138		-	statement of the reasons for such suspension and a notice of
139		-	their right to a review. The school board must be given a
140		-	summary of the notice, including the reason for the suspension
141		-	and the suspension length. Upon request of the parents or
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	70	+	1 school bus safety procedures. These procedures shall be
	71	+	2 incorporated into the district's student pupil discipline
	72	+	3 policy. In consultation with stakeholders deemed appropriate
	73	+	4 by the State Board of Education, the State Board of Education
	74	+	5 shall draft and publish guidance for school bus safety
	75	+	6 procedures in accordance with this Section on or before July
	76	+	7 1, 2025.
	77	+	8 (d) As used in this subsection (d), "evidence-based
	78	+	9 intervention" means intervention that has demonstrated a
	79	+	10 statistically significant effect on improving student outcomes
	80	+	11 as documented in peer-reviewed scholarly journals.
	81	+	12 The school board, in consultation with the parent-teacher
	82	+	13 advisory committee and other community-based organizations,
	83	+	14 must include provisions in the student discipline policy to
	84	+	15 address students who have demonstrated behaviors that put them
	85	+	16 at risk for aggressive behavior, including without limitation
	86	+	17 bullying, as defined in the policy. These provisions must
	87	+	18 include procedures for notifying parents or legal guardians
	88	+	19 and early intervention procedures based upon available
	89	+	20 community-based and district resources.
	90	+	21 In consultation with behavioral health experts, the State
	91	+	22 Board of Education shall draft and publish guidance for
	92	+	23 evidence-based intervention procedures, including examples, in
	93	+	24 accordance with this Section on or before July 1, 2025.
	94	+	25 (Source: P.A. 99-456, eff. 9-15-16.)
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144		-	guardian, the school board or a hearing officer appointed by
145		-	it shall review such action of the superintendent or
146		-	principal, assistant principal, or dean of students. At such
147		-	review, the parents or guardian of the student pupil may
148		-	appear and discuss the suspension with the board or its
149		-	hearing officer. If a hearing officer is appointed by the
150		-	board, he shall report to the board a written summary of the
151		-	evidence heard at the meeting. After its hearing or upon
152		-	receipt of the written report of its hearing officer, the
153		-	board may take such action as it finds appropriate. If a
154		-	student is suspended pursuant to this subsection (b), the
155		-	board shall, in the written suspension decision, detail the
156		-	specific act of gross disobedience or misconduct resulting in
157		-	the decision to suspend. The suspension decision shall also
158		-	include a rationale as to the specific duration of the
159		-	suspension. A pupil who is suspended in excess of 20 school
160		-	days may be immediately transferred to an alternative program
161		-	in the manner provided in Article 13A or 13B of this Code. A
162		-	pupil must not be denied transfer because of the suspension,
163		-	except in cases in which such transfer is deemed to cause a
164		-	threat to the safety of students or staff in the alternative
165		-	program.
166		-	(b-5) Among the many possible disciplinary interventions
167		-	and consequences available to school officials, school
168		-	exclusions, such as out-of-school suspensions and expulsions,
169		-	are the most serious. School officials shall limit the number
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172		-	and duration of expulsions and suspensions to the greatest
173		-	extent practicable, and it is recommended that they use them
174		-	only for legitimate educational purposes. To ensure that
175		-	students are not excluded from school unnecessarily, it is
176		-	recommended that school officials consider forms of
177		-	non-exclusionary discipline prior to using out-of-school
178		-	suspensions or expulsions.
179		-	(b-10) Unless otherwise required by federal law or this
180		-	Code, school boards may not institute zero-tolerance policies
181		-	by which school administrators are required to suspend or
182		-	expel students for particular behaviors.
183		-	(b-15) Out-of-school suspensions of 3 days or less may be
184		-	used only if the student's continuing presence in school would
185		-	pose a threat to school safety or a disruption to other
186		-	students' learning opportunities. For purposes of this
187		-	subsection (b-15), "threat to school safety or a disruption to
188		-	other students' learning opportunities" shall be determined on
189		-	a case-by-case basis by the school board or its designee.
190		-	School officials shall make all reasonable efforts to resolve
191		-	such threats, address such disruptions, and minimize the
192		-	length of suspensions to the greatest extent practicable.
193		-	(b-20) Unless otherwise required by this Code,
194		-	out-of-school suspensions of longer than 3 days, expulsions,
195		-	and disciplinary removals to alternative schools may be used
196		-	only if other appropriate and available behavioral and
197		-	disciplinary interventions have been exhausted and the
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200		-	student's continuing presence in school would either (i) pose
201		-	a threat to the safety of other students, staff, or members of
202		-	the school community or (ii) substantially disrupt, impede, or
203		-	interfere with the operation of the school. For purposes of
204		-	this subsection (b-20), "threat to the safety of other
205		-	students, staff, or members of the school community" and
206		-	"substantially disrupt, impede, or interfere with the
207		-	operation of the school" shall be determined on a case-by-case
208		-	basis by school officials. For purposes of this subsection
209		-	(b-20), the determination of whether "appropriate and
210		-	available behavioral and disciplinary interventions have been
211		-	exhausted" shall be made by school officials. School officials
212		-	shall make all reasonable efforts to resolve such threats,
213		-	address such disruptions, and minimize the length of student
214		-	exclusions to the greatest extent practicable. Within the
215		-	suspension decision described in subsection (b) of this
216		-	Section or the expulsion decision described in subsection (a)
217		-	of this Section, it shall be documented whether other
218		-	interventions were attempted or whether it was determined that
219		-	there were no other appropriate and available interventions.
220		-	(b-25) Students who are suspended out-of-school for longer
221		-	than 3 4 school days shall be provided appropriate and
222		-	available support services during the period of their
223		-	suspension. For purposes of this subsection (b-25),
224		-	"appropriate and available support services" shall be
225		-	determined by school authorities. Within the suspension
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	105	+	1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
	106	+	2 (Text of Section before amendment by P.A. 102-466)
	107	+	3 Sec. 10-22.6. Suspension or expulsion of students pupils;
	108	+	4 school searches.
	109	+	5 (a) To expel students pupils guilty of gross disobedience
	110	+	6 or misconduct, including gross disobedience or misconduct
	111	+	7 perpetuated by electronic means, pursuant to subsection (b-20)
	112	+	8 of this Section, and no action shall lie against them for such
	113	+	9 expulsion. Expulsion shall take place only after the parents
	114	+	10 have been requested to appear at a meeting of the board, or
	115	+	11 with a hearing officer appointed by it, to discuss their
	116	+	12 child's behavior. Such request shall be made by registered or
	117	+	13 certified mail and shall state the time, place and purpose of
	118	+	14 the meeting. The board, or a hearing officer appointed by it,
	119	+	15 at such meeting shall state the reasons for dismissal and the
	120	+	16 date on which the expulsion is to become effective. If a
	121	+	17 hearing officer is appointed by the board, the hearing officer
	122	+	18 he shall report to the board a written summary of the evidence
	123	+	19 heard at the meeting and the board may take such action thereon
	124	+	20 as it finds appropriate. If the board acts to expel a student
	125	+	21 pupil, the written expulsion decision shall detail the
	126	+	22 specific reasons why removing the student pupil from the
	127	+	23 learning environment is in the best interest of the school.
	128	+	24 The expulsion decision shall also include a rationale as to
	129	+	25 the specific duration of the expulsion. An expelled student
	130	+	26 pupil may be immediately transferred to an alternative program
226	131
227	132
228		-	decision described in subsection (b) of this Section, it shall
229		-	be documented whether such services are to be provided or
230		-	whether it was determined that there are no such appropriate
231		-	and available services.
232		-	A school district may refer students who are expelled to
233		-	appropriate and available support services.
234		-	A school district shall create a policy to facilitate the
235		-	re-engagement of students who are suspended out-of-school,
236		-	expelled, or returning from an alternative school setting. In
237		-	consultation with stakeholders deemed appropriate by the State
238		-	Board of Education, the State Board of Education shall draft
239		-	and publish guidance for the re-engagement of students who are
240		-	suspended out-of-school, expelled, or returning from an
241		-	alternative school setting in accordance with this Section and
242		-	Section 13A-4 on or before July 1, 2025.
243		-	(b-30) A school district shall create a policy by which
244		-	suspended students pupils, including those students pupils
245		-	suspended from the school bus who do not have alternate
246		-	transportation to school, shall have the opportunity to make
247		-	up work for equivalent academic credit. It shall be the
248		-	responsibility of a student's pupil's parent or guardian to
249		-	notify school officials that a student pupil suspended from
250		-	the school bus does not have alternate transportation to
251		-	school.
252		-	(c) A school board must invite a representative from a
253		-	local mental health agency to consult with the board at the
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255	134
256		-	meeting whenever there is evidence that mental illness may be
257		-	the cause of a student's expulsion or suspension.
258		-	(c-5) School districts shall make reasonable efforts to
259		-	provide ongoing professional development to all school
260		-	personnel teachers, administrators, school board members, and
261		-	school resource officers, and staff on the requirements of
262		-	this Section and Section 10-20.14, the adverse consequences of
263		-	school exclusion and justice-system involvement, effective
264		-	classroom management strategies, culturally responsive
265		-	discipline, trauma-responsive learning environments, as
266		-	defined in subsection (b) of Section 3-11, the appropriate and
267		-	available supportive services for the promotion of student
268		-	attendance and engagement, and developmentally appropriate
269		-	disciplinary methods that promote positive and healthy school
270		-	climates.
271		-	(d) The board may expel a student for a definite period of
272		-	time not to exceed 2 calendar years, as determined on a
273		-	case-by-case basis. A student who is determined to have
274		-	brought one of the following objects to school, any
275		-	school-sponsored activity or event, or any activity or event
276		-	that bears a reasonable relationship to school shall be
277		-	expelled for a period of not less than one year:
278		-	(1) A firearm. For the purposes of this Section,
279		-	"firearm" means any gun, rifle, shotgun, weapon as defined
280		-	by Section 921 of Title 18 of the United States Code,
281		-	firearm as defined in Section 1.1 of the Firearm Owners
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283	138
284		-	Identification Card Act, or firearm as defined in Section
285		-	24-1 of the Criminal Code of 2012. The expulsion period
286		-	under this subdivision (1) may be modified by the
287		-	superintendent, and the superintendent's determination may
288		-	be modified by the board on a case-by-case basis.
289		-	(2) A knife, brass knuckles or other knuckle weapon
290		-	regardless of its composition, a billy club, or any other
291		-	object if used or attempted to be used to cause bodily
292		-	harm, including "look alikes" of any firearm as defined in
293		-	subdivision (1) of this subsection (d). The expulsion
294		-	requirement under this subdivision (2) may be modified by
295		-	the superintendent, and the superintendent's determination
296		-	may be modified by the board on a case-by-case basis.
297		-	Expulsion or suspension shall be construed in a manner
298		-	consistent with the federal Individuals with Disabilities
299		-	Education Act. A student who is subject to suspension or
300		-	expulsion as provided in this Section may be eligible for a
301		-	transfer to an alternative school program in accordance with
302		-	Article 13A of the School Code.
303		-	(d-5) The board may suspend or by regulation authorize the
304		-	superintendent of the district or the principal, assistant
305		-	principal, or dean of students of any school to suspend a
306		-	student for a period not to exceed 10 school days or may expel
307		-	a student for a definite period of time not to exceed 2
308		-	calendar years, as determined on a case-by-case basis, if (i)
309		-	that student has been determined to have made an explicit
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	141	+	1 in the manner provided in Article 13A or 13B of this Code. A
	142	+	2 student pupil must not be denied transfer because of the
	143	+	3 expulsion, except in cases in which such transfer is deemed to
	144	+	4 cause a threat to the safety of students or staff in the
	145	+	5 alternative program.
	146	+	6 (b) To suspend or by policy to authorize the
	147	+	7 superintendent of the district or the principal, assistant
	148	+	8 principal, or dean of students of any school to suspend
	149	+	9 students pupils guilty of gross disobedience or misconduct, or
	150	+	10 to suspend students pupils guilty of gross disobedience or
	151	+	11 misconduct on the school bus from riding the school bus,
	152	+	12 pursuant to subsections (b-15) and (b-20) of this Section, and
	153	+	13 no action shall lie against them for such suspension. The
	154	+	14 board may by policy authorize the superintendent of the
	155	+	15 district or the principal, assistant principal, or dean of
	156	+	16 students of any school to suspend students pupils guilty of
	157	+	17 such acts for a period not to exceed 10 school days. If a
	158	+	18 student pupil is suspended due to gross disobedience or
	159	+	19 misconduct on a school bus, the board may suspend the student
	160	+	20 pupil in excess of 10 school days for safety reasons.
	161	+	21 Any suspension shall be reported immediately to the
	162	+	22 parents or guardian of a student pupil along with a full
	163	+	23 statement of the reasons for such suspension and a notice of
	164	+	24 their right to a review. The school board must be given a
	165	+	25 summary of the notice, including the reason for the suspension
	166	+	26 and the suspension length. Upon request of the parents or
310	167
311	168
312		-	threat on an Internet website against a school employee, a
313		-	student, or any school-related personnel, (ii) the Internet
314		-	website through which the threat was made is a site that was
315		-	accessible within the school at the time the threat was made or
316		-	was available to third parties who worked or studied within
317		-	the school grounds at the time the threat was made, and (iii)
318		-	the threat could be reasonably interpreted as threatening to
319		-	the safety and security of the threatened individual because
320		-	of the individual's his or her duties or employment status or
321		-	status as a student inside the school.
322		-	(e) To maintain order and security in the schools, school
323		-	authorities may inspect and search places and areas such as
324		-	lockers, desks, parking lots, and other school property and
325		-	equipment owned or controlled by the school, as well as
326		-	personal effects left in those places and areas by students,
327		-	without notice to or the consent of the student, and without a
328		-	search warrant. As a matter of public policy, the General
329		-	Assembly finds that students have no reasonable expectation of
330		-	privacy in these places and areas or in their personal effects
331		-	left in these places and areas. School authorities may request
332		-	the assistance of law enforcement officials for the purpose of
333		-	conducting inspections and searches of lockers, desks, parking
334		-	lots, and other school property and equipment owned or
335		-	controlled by the school for illegal drugs, weapons, or other
336		-	illegal or dangerous substances or materials, including
337		-	searches conducted through the use of specially trained dogs.
338	169
339	170
340		-	If a search conducted in accordance with this Section produces
341		-	evidence that the student has violated or is violating either
342		-	the law, local ordinance, or the school's policies or rules,
343		-	such evidence may be seized by school authorities, and
344		-	disciplinary action may be taken. School authorities may also
345		-	turn over such evidence to law enforcement authorities.
346		-	(f) Suspension or expulsion may include suspension or
347		-	expulsion from school and all school activities and a
348		-	prohibition from being present on school grounds.
349		-	(g) A school district may adopt a policy providing that if
350		-	a student is suspended or expelled for any reason from any
351		-	public or private school in this or any other state, the
352		-	student must complete the entire term of the suspension or
353		-	expulsion in an alternative school program under Article 13A
354		-	of this Code or an alternative learning opportunities program
355		-	under Article 13B of this Code before being admitted into the
356		-	school district if there is no threat to the safety of students
357		-	or staff in the alternative program.
358		-	(h) School officials shall not advise or encourage
359		-	students to drop out voluntarily due to behavioral or academic
360		-	difficulties.
361		-	(i) A student may not be issued a monetary fine or fee as a
362		-	disciplinary consequence, though this shall not preclude
363		-	requiring a student to provide restitution for lost, stolen,
364		-	or damaged property.
365		-	(j) Subsections (a) through (i) of this Section shall
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366	173
367	174
368		-	apply to elementary and secondary schools, charter schools,
369		-	special charter districts, and school districts organized
370		-	under Article 34 of this Code.
371		-	(k) The expulsion of students children enrolled in
372		-	programs funded under Section 1C-2 of this Code is subject to
373		-	the requirements under paragraph (7) of subsection (a) of
374		-	Section 2-3.71 of this Code.
375		-	(l) An Beginning with the 2018-2019 school year, an
376		-	in-school suspension program provided by a school district for
377		-	any students in kindergarten through grade 12 may focus on
378		-	promoting non-violent conflict resolution and positive
379		-	interaction with other students and school personnel. A school
380		-	district may employ a school social worker or a licensed
381		-	mental health professional to oversee an in-school suspension
382		-	program in kindergarten through grade 12.
383		-	(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
384		-	102-813, eff. 5-13-22.)
385		-	(Text of Section after amendment by P.A. 102-466)
386		-	Sec. 10-22.6. Suspension or expulsion of students pupils;
387		-	school searches.
388		-	(a) To expel students pupils guilty of gross disobedience
389		-	or misconduct, including gross disobedience or misconduct
390		-	perpetuated by electronic means, pursuant to subsection (b-20)
391		-	of this Section, and no action shall lie against them for such
392		-	expulsion. Expulsion shall take place only after the parents
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	177	+	1 guardian, the school board or a hearing officer appointed by
	178	+	2 it shall review such action of the superintendent or
	179	+	3 principal, assistant principal, or dean of students. At such
	180	+	4 review, the parents or guardian of the student pupil may
	181	+	5 appear and discuss the suspension with the board or its
	182	+	6 hearing officer. If a hearing officer is appointed by the
	183	+	7 board, he shall report to the board a written summary of the
	184	+	8 evidence heard at the meeting. After its hearing or upon
	185	+	9 receipt of the written report of its hearing officer, the
	186	+	10 board may take such action as it finds appropriate. If a
	187	+	11 student is suspended pursuant to this subsection (b), the
	188	+	12 board shall, in the written suspension decision, detail the
	189	+	13 specific act of gross disobedience or misconduct resulting in
	190	+	14 the decision to suspend. The suspension decision shall also
	191	+	15 include a rationale as to the specific duration of the
	192	+	16 suspension. A pupil who is suspended in excess of 20 school
	193	+	17 days may be immediately transferred to an alternative program
	194	+	18 in the manner provided in Article 13A or 13B of this Code. A
	195	+	19 pupil must not be denied transfer because of the suspension,
	196	+	20 except in cases in which such transfer is deemed to cause a
	197	+	21 threat to the safety of students or staff in the alternative
	198	+	22 program.
	199	+	23 (b-5) Among the many possible disciplinary interventions
	200	+	24 and consequences available to school officials, school
	201	+	25 exclusions, such as out-of-school suspensions and expulsions,
	202	+	26 are the most serious. School officials shall limit the number
393	203
394	204
395		-	or guardians have been requested to appear at a meeting of the
396		-	board, or with a hearing officer appointed by it, to discuss
397		-	their child's behavior. Such request shall be made by
398		-	registered or certified mail and shall state the time, place
399		-	and purpose of the meeting. The board, or a hearing officer
400		-	appointed by it, at such meeting shall state the reasons for
401		-	dismissal and the date on which the expulsion is to become
402		-	effective. If a hearing officer is appointed by the board, the
403		-	hearing officer he shall report to the board a written summary
404		-	of the evidence heard at the meeting and the board may take
405		-	such action thereon as it finds appropriate. If the board acts
406		-	to expel a student pupil, the written expulsion decision shall
407		-	detail the specific reasons why removing the student pupil
408		-	from the learning environment is in the best interest of the
409		-	school. The expulsion decision shall also include a rationale
410		-	as to the specific duration of the expulsion. An expelled
411		-	student pupil may be immediately transferred to an alternative
412		-	program in the manner provided in Article 13A or 13B of this
413		-	Code. A student pupil must not be denied transfer because of
414		-	the expulsion, except in cases in which such transfer is
415		-	deemed to cause a threat to the safety of students or staff in
416		-	the alternative program.
417		-	(b) To suspend or by policy to authorize the
418		-	superintendent of the district or the principal, assistant
419		-	principal, or dean of students of any school to suspend
420		-	students pupils guilty of gross disobedience or misconduct, or
421	205
422	206
423		-	to suspend students pupils guilty of gross disobedience or
424		-	misconduct on the school bus from riding the school bus,
425		-	pursuant to subsections (b-15) and (b-20) of this Section, and
426		-	no action shall lie against them for such suspension. The
427		-	board may by policy authorize the superintendent of the
428		-	district or the principal, assistant principal, or dean of
429		-	students of any school to suspend students pupils guilty of
430		-	such acts for a period not to exceed 10 school days. If a
431		-	student pupil is suspended due to gross disobedience or
432		-	misconduct on a school bus, the board may suspend the student
433		-	pupil in excess of 10 school days for safety reasons.
434		-	Any suspension shall be reported immediately to the
435		-	parents or guardians of a student pupil along with a full
436		-	statement of the reasons for such suspension and a notice of
437		-	their right to a review. The school board must be given a
438		-	summary of the notice, including the reason for the suspension
439		-	and the suspension length. Upon request of the parents or
440		-	guardians, the school board or a hearing officer appointed by
441		-	it shall review such action of the superintendent or
442		-	principal, assistant principal, or dean of students. At such
443		-	review, the parents or guardians of the student pupil may
444		-	appear and discuss the suspension with the board or its
445		-	hearing officer. If a hearing officer is appointed by the
446		-	board, he shall report to the board a written summary of the
447		-	evidence heard at the meeting. After its hearing or upon
448		-	receipt of the written report of its hearing officer, the
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449	209
450	210
451		-	board may take such action as it finds appropriate. If a
452		-	student is suspended pursuant to this subsection (b), the
453		-	board shall, in the written suspension decision, detail the
454		-	specific act of gross disobedience or misconduct resulting in
455		-	the decision to suspend. The suspension decision shall also
456		-	include a rationale as to the specific duration of the
457		-	suspension. A pupil who is suspended in excess of 20 school
458		-	days may be immediately transferred to an alternative program
459		-	in the manner provided in Article 13A or 13B of this Code. A
460		-	pupil must not be denied transfer because of the suspension,
461		-	except in cases in which such transfer is deemed to cause a
462		-	threat to the safety of students or staff in the alternative
463		-	program.
464		-	(b-5) Among the many possible disciplinary interventions
465		-	and consequences available to school officials, school
466		-	exclusions, such as out-of-school suspensions and expulsions,
467		-	are the most serious. School officials shall limit the number
468		-	and duration of expulsions and suspensions to the greatest
469		-	extent practicable, and it is recommended that they use them
470		-	only for legitimate educational purposes. To ensure that
471		-	students are not excluded from school unnecessarily, it is
472		-	recommended that school officials consider forms of
473		-	non-exclusionary discipline prior to using out-of-school
474		-	suspensions or expulsions.
475		-	(b-10) Unless otherwise required by federal law or this
476		-	Code, school boards may not institute zero-tolerance policies
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	213	+	1 and duration of expulsions and suspensions to the greatest
	214	+	2 extent practicable, and it is recommended that they use them
	215	+	3 only for legitimate educational purposes. To ensure that
	216	+	4 students are not excluded from school unnecessarily, it is
	217	+	5 recommended that school officials consider forms of
	218	+	6 non-exclusionary discipline prior to using out-of-school
	219	+	7 suspensions or expulsions.
	220	+	8 (b-10) Unless otherwise required by federal law or this
	221	+	9 Code, school boards may not institute zero-tolerance policies
	222	+	10 by which school administrators are required to suspend or
	223	+	11 expel students for particular behaviors.
	224	+	12 (b-15) Out-of-school suspensions of 3 days or less may be
	225	+	13 used only if the student's continuing presence in school would
	226	+	14 pose a threat to school safety or a disruption to other
	227	+	15 students' learning opportunities. For purposes of this
	228	+	16 subsection (b-15), "threat to school safety or a disruption to
	229	+	17 other students' learning opportunities" shall be determined on
	230	+	18 a case-by-case basis by the school board or its designee.
	231	+	19 School officials shall make all reasonable efforts to resolve
	232	+	20 such threats, address such disruptions, and minimize the
	233	+	21 length of suspensions to the greatest extent practicable.
	234	+	22 (b-20) Unless otherwise required by this Code,
	235	+	23 out-of-school suspensions of longer than 3 days, expulsions,
	236	+	24 and disciplinary removals to alternative schools may be used
	237	+	25 only if other appropriate and available behavioral and
	238	+	26 disciplinary interventions have been exhausted and the
477	239
478	240
479		-	by which school administrators are required to suspend or
480		-	expel students for particular behaviors.
481		-	(b-15) Out-of-school suspensions of 3 days or less may be
482		-	used only if the student's continuing presence in school would
483		-	pose a threat to school safety or a disruption to other
484		-	students' learning opportunities. For purposes of this
485		-	subsection (b-15), "threat to school safety or a disruption to
486		-	other students' learning opportunities" shall be determined on
487		-	a case-by-case basis by the school board or its designee.
488		-	School officials shall make all reasonable efforts to resolve
489		-	such threats, address such disruptions, and minimize the
490		-	length of suspensions to the greatest extent practicable.
491		-	(b-20) Unless otherwise required by this Code,
492		-	out-of-school suspensions of longer than 3 days, expulsions,
493		-	and disciplinary removals to alternative schools may be used
494		-	only if other appropriate and available behavioral and
495		-	disciplinary interventions have been exhausted and the
496		-	student's continuing presence in school would either (i) pose
497		-	a threat to the safety of other students, staff, or members of
498		-	the school community or (ii) substantially disrupt, impede, or
499		-	interfere with the operation of the school. For purposes of
500		-	this subsection (b-20), "threat to the safety of other
501		-	students, staff, or members of the school community" and
502		-	"substantially disrupt, impede, or interfere with the
503		-	operation of the school" shall be determined on a case-by-case
504		-	basis by school officials. For purposes of this subsection
505	241
506	242
507		-	(b-20), the determination of whether "appropriate and
508		-	available behavioral and disciplinary interventions have been
509		-	exhausted" shall be made by school officials. School officials
510		-	shall make all reasonable efforts to resolve such threats,
511		-	address such disruptions, and minimize the length of student
512		-	exclusions to the greatest extent practicable. Within the
513		-	suspension decision described in subsection (b) of this
514		-	Section or the expulsion decision described in subsection (a)
515		-	of this Section, it shall be documented whether other
516		-	interventions were attempted or whether it was determined that
517		-	there were no other appropriate and available interventions.
518		-	(b-25) Students who are suspended out-of-school for longer
519		-	than 3 4 school days shall be provided appropriate and
520		-	available support services during the period of their
521		-	suspension. For purposes of this subsection (b-25),
522		-	"appropriate and available support services" shall be
523		-	determined by school authorities. Within the suspension
524		-	decision described in subsection (b) of this Section, it shall
525		-	be documented whether such services are to be provided or
526		-	whether it was determined that there are no such appropriate
527		-	and available services.
528		-	A school district may refer students who are expelled to
529		-	appropriate and available support services.
530		-	A school district shall create a policy to facilitate the
531		-	re-engagement of students who are suspended out-of-school,
532		-	expelled, or returning from an alternative school setting. In
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533	245
534	246
535		-	consultation with stakeholders deemed appropriate by the State
536		-	Board of Education, the State Board of Education shall draft
537		-	and publish guidance for the re-engagement of students who are
538		-	suspended out-of-school, expelled, or returning from an
539		-	alternative school setting in accordance with this Section and
540		-	Section 13A-4 on or before July 1, 2025.
541		-	(b-30) A school district shall create a policy by which
542		-	suspended students pupils, including those students pupils
543		-	suspended from the school bus who do not have alternate
544		-	transportation to school, shall have the opportunity to make
545		-	up work for equivalent academic credit. It shall be the
546		-	responsibility of a student's pupil's parents or guardians to
547		-	notify school officials that a student pupil suspended from
548		-	the school bus does not have alternate transportation to
549		-	school.
550		-	(b-35) In all suspension review hearings conducted under
551		-	subsection (b) or expulsion hearings conducted under
552		-	subsection (a), a student may disclose any factor to be
553		-	considered in mitigation, including his or her status as a
554		-	parent, expectant parent, or victim of domestic or sexual
555		-	violence, as defined in Article 26A. A representative of the
556		-	parent's or guardian's choice, or of the student's choice if
557		-	emancipated, must be permitted to represent the student
558		-	throughout the proceedings and to address the school board or
559		-	its appointed hearing officer. With the approval of the
560		-	student's parent or guardian, or of the student if
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	249	+	1 student's continuing presence in school would either (i) pose
	250	+	2 a threat to the safety of other students, staff, or members of
	251	+	3 the school community or (ii) substantially disrupt, impede, or
	252	+	4 interfere with the operation of the school. For purposes of
	253	+	5 this subsection (b-20), "threat to the safety of other
	254	+	6 students, staff, or members of the school community" and
	255	+	7 "substantially disrupt, impede, or interfere with the
	256	+	8 operation of the school" shall be determined on a case-by-case
	257	+	9 basis by school officials. For purposes of this subsection
	258	+	10 (b-20), the determination of whether "appropriate and
	259	+	11 available behavioral and disciplinary interventions have been
	260	+	12 exhausted" shall be made by school officials. School officials
	261	+	13 shall make all reasonable efforts to resolve such threats,
	262	+	14 address such disruptions, and minimize the length of student
	263	+	15 exclusions to the greatest extent practicable. Within the
	264	+	16 suspension decision described in subsection (b) of this
	265	+	17 Section or the expulsion decision described in subsection (a)
	266	+	18 of this Section, it shall be documented whether other
	267	+	19 interventions were attempted or whether it was determined that
	268	+	20 there were no other appropriate and available interventions.
	269	+	21 (b-25) Students who are suspended out-of-school for longer
	270	+	22 than 3 4 school days shall be provided appropriate and
	271	+	23 available support services during the period of their
	272	+	24 suspension. For purposes of this subsection (b-25),
	273	+	25 "appropriate and available support services" shall be
	274	+	26 determined by school authorities. Within the suspension
561	275
562	276
563		-	emancipated, a support person must be permitted to accompany
564		-	the student to any disciplinary hearings or proceedings. The
565		-	representative or support person must comply with any rules of
566		-	the school district's hearing process. If the representative
567		-	or support person violates the rules or engages in behavior or
568		-	advocacy that harasses, abuses, or intimidates either party, a
569		-	witness, or anyone else in attendance at the hearing, the
570		-	representative or support person may be prohibited from
571		-	further participation in the hearing or proceeding. A
572		-	suspension or expulsion proceeding under this subsection
573		-	(b-35) must be conducted independently from any ongoing
574		-	criminal investigation or proceeding, and an absence of
575		-	pending or possible criminal charges, criminal investigations,
576		-	or proceedings may not be a factor in school disciplinary
577		-	decisions.
578		-	(b-40) During a suspension review hearing conducted under
579		-	subsection (b) or an expulsion hearing conducted under
580		-	subsection (a) that involves allegations of sexual violence by
581		-	the student who is subject to discipline, neither the student
582		-	nor his or her representative shall directly question nor have
583		-	direct contact with the alleged victim. The student who is
584		-	subject to discipline or his or her representative may, at the
585		-	discretion and direction of the school board or its appointed
586		-	hearing officer, suggest questions to be posed by the school
587		-	board or its appointed hearing officer to the alleged victim.
588		-	(c) A school board must invite a representative from a
589	277
590	278
591		-	local mental health agency to consult with the board at the
592		-	meeting whenever there is evidence that mental illness may be
593		-	the cause of a student's expulsion or suspension.
594		-	(c-5) School districts shall make reasonable efforts to
595		-	provide ongoing professional development to all school
596		-	personnel teachers, administrators, school board members, and
597		-	school resource officers, and staff on the requirements of
598		-	this Section and Section 10-20.14, the adverse consequences of
599		-	school exclusion and justice-system involvement, effective
600		-	classroom management strategies, culturally responsive
601		-	discipline, trauma-responsive learning environments, as
602		-	defined in subsection (b) of Section 3-11, the appropriate and
603		-	available supportive services for the promotion of student
604		-	attendance and engagement, and developmentally appropriate
605		-	disciplinary methods that promote positive and healthy school
606		-	climates.
607		-	(d) The board may expel a student for a definite period of
608		-	time not to exceed 2 calendar years, as determined on a
609		-	case-by-case basis. A student who is determined to have
610		-	brought one of the following objects to school, any
611		-	school-sponsored activity or event, or any activity or event
612		-	that bears a reasonable relationship to school shall be
613		-	expelled for a period of not less than one year:
614		-	(1) A firearm. For the purposes of this Section,
615		-	"firearm" means any gun, rifle, shotgun, weapon as defined
616		-	by Section 921 of Title 18 of the United States Code,
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617	281
618	282
619		-	firearm as defined in Section 1.1 of the Firearm Owners
620		-	Identification Card Act, or firearm as defined in Section
621		-	24-1 of the Criminal Code of 2012. The expulsion period
622		-	under this subdivision (1) may be modified by the
623		-	superintendent, and the superintendent's determination may
624		-	be modified by the board on a case-by-case basis.
625		-	(2) A knife, brass knuckles or other knuckle weapon
626		-	regardless of its composition, a billy club, or any other
627		-	object if used or attempted to be used to cause bodily
628		-	harm, including "look alikes" of any firearm as defined in
629		-	subdivision (1) of this subsection (d). The expulsion
630		-	requirement under this subdivision (2) may be modified by
631		-	the superintendent, and the superintendent's determination
632		-	may be modified by the board on a case-by-case basis.
633		-	Expulsion or suspension shall be construed in a manner
634		-	consistent with the federal Individuals with Disabilities
635		-	Education Act. A student who is subject to suspension or
636		-	expulsion as provided in this Section may be eligible for a
637		-	transfer to an alternative school program in accordance with
638		-	Article 13A of the School Code.
639		-	(d-5) The board may suspend or by regulation authorize the
640		-	superintendent of the district or the principal, assistant
641		-	principal, or dean of students of any school to suspend a
642		-	student for a period not to exceed 10 school days or may expel
643		-	a student for a definite period of time not to exceed 2
644		-	calendar years, as determined on a case-by-case basis, if (i)
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	285	+	1 decision described in subsection (b) of this Section, it shall
	286	+	2 be documented whether such services are to be provided or
	287	+	3 whether it was determined that there are no such appropriate
	288	+	4 and available services.
	289	+	5 A school district may refer students who are expelled to
	290	+	6 appropriate and available support services.
	291	+	7 A school district shall create a policy to facilitate the
	292	+	8 re-engagement of students who are suspended out-of-school,
	293	+	9 expelled, or returning from an alternative school setting. In
	294	+	10 consultation with stakeholders deemed appropriate by the State
	295	+	11 Board of Education, the State Board of Education shall draft
	296	+	12 and publish guidance for the re-engagement of students who are
	297	+	13 suspended out-of-school, expelled, or returning from an
	298	+	14 alternative school setting in accordance with this Section and
	299	+	15 Section 13A-4 on or before July 1, 2025.
	300	+	16 (b-30) A school district shall create a policy by which
	301	+	17 suspended students pupils, including those students pupils
	302	+	18 suspended from the school bus who do not have alternate
	303	+	19 transportation to school, shall have the opportunity to make
	304	+	20 up work for equivalent academic credit. It shall be the
	305	+	21 responsibility of a student's pupil's parent or guardian to
	306	+	22 notify school officials that a student pupil suspended from
	307	+	23 the school bus does not have alternate transportation to
	308	+	24 school.
	309	+	25 (c) A school board must invite a representative from a
	310	+	26 local mental health agency to consult with the board at the
645	311
646	312
647		-	that student has been determined to have made an explicit
648		-	threat on an Internet website against a school employee, a
649		-	student, or any school-related personnel, (ii) the Internet
650		-	website through which the threat was made is a site that was
651		-	accessible within the school at the time the threat was made or
652		-	was available to third parties who worked or studied within
653		-	the school grounds at the time the threat was made, and (iii)
654		-	the threat could be reasonably interpreted as threatening to
655		-	the safety and security of the threatened individual because
656		-	of the individual's his or her duties or employment status or
657		-	status as a student inside the school.
658		-	(e) To maintain order and security in the schools, school
659		-	authorities may inspect and search places and areas such as
660		-	lockers, desks, parking lots, and other school property and
661		-	equipment owned or controlled by the school, as well as
662		-	personal effects left in those places and areas by students,
663		-	without notice to or the consent of the student, and without a
664		-	search warrant. As a matter of public policy, the General
665		-	Assembly finds that students have no reasonable expectation of
666		-	privacy in these places and areas or in their personal effects
667		-	left in these places and areas. School authorities may request
668		-	the assistance of law enforcement officials for the purpose of
669		-	conducting inspections and searches of lockers, desks, parking
670		-	lots, and other school property and equipment owned or
671		-	controlled by the school for illegal drugs, weapons, or other
672		-	illegal or dangerous substances or materials, including
673	313
674	314
675		-	searches conducted through the use of specially trained dogs.
676		-	If a search conducted in accordance with this Section produces
677		-	evidence that the student has violated or is violating either
678		-	the law, local ordinance, or the school's policies or rules,
679		-	such evidence may be seized by school authorities, and
680		-	disciplinary action may be taken. School authorities may also
681		-	turn over such evidence to law enforcement authorities.
682		-	(f) Suspension or expulsion may include suspension or
683		-	expulsion from school and all school activities and a
684		-	prohibition from being present on school grounds.
685		-	(g) A school district may adopt a policy providing that if
686		-	a student is suspended or expelled for any reason from any
687		-	public or private school in this or any other state, the
688		-	student must complete the entire term of the suspension or
689		-	expulsion in an alternative school program under Article 13A
690		-	of this Code or an alternative learning opportunities program
691		-	under Article 13B of this Code before being admitted into the
692		-	school district if there is no threat to the safety of students
693		-	or staff in the alternative program. A school district that
694		-	adopts a policy under this subsection (g) must include a
695		-	provision allowing for consideration of any mitigating
696		-	factors, including, but not limited to, a student's status as
697		-	a parent, expectant parent, or victim of domestic or sexual
698		-	violence, as defined in Article 26A.
699		-	(h) School officials shall not advise or encourage
700		-	students to drop out voluntarily due to behavioral or academic
	315	+
	316	+	SB1400 Enrolled - 9 - LRB103 25975 RJT 52329 b
701	317
702	318
703		-	difficulties.
704		-	(i) A student may not be issued a monetary fine or fee as a
705		-	disciplinary consequence, though this shall not preclude
706		-	requiring a student to provide restitution for lost, stolen,
707		-	or damaged property.
708		-	(j) Subsections (a) through (i) of this Section shall
709		-	apply to elementary and secondary schools, charter schools,
710		-	special charter districts, and school districts organized
711		-	under Article 34 of this Code.
712		-	(k) The expulsion of students children enrolled in
713		-	programs funded under Section 1C-2 of this Code is subject to
714		-	the requirements under paragraph (7) of subsection (a) of
715		-	Section 2-3.71 of this Code.
716		-	(l) An Beginning with the 2018-2019 school year, an
717		-	in-school suspension program provided by a school district for
718		-	any students in kindergarten through grade 12 may focus on
719		-	promoting non-violent conflict resolution and positive
720		-	interaction with other students and school personnel. A school
721		-	district may employ a school social worker or a licensed
722		-	mental health professional to oversee an in-school suspension
723		-	program in kindergarten through grade 12.
724		-	(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
725		-	102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
726		-	Section 95. No acceleration or delay. Where this Act makes
727		-	changes in a statute that is represented in this Act by text
	319	+	SB1400 Enrolled- 10 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 10 - LRB103 25975 RJT 52329 b
	320	+	SB1400 Enrolled - 10 - LRB103 25975 RJT 52329 b
	321	+	1 meeting whenever there is evidence that mental illness may be
	322	+	2 the cause of a student's expulsion or suspension.
	323	+	3 (c-5) School districts shall make reasonable efforts to
	324	+	4 provide ongoing professional development to all school
	325	+	5 personnel teachers, administrators, school board members, and
	326	+	6 school resource officers, and staff on the requirements of
	327	+	7 this Section and Section 10-20.14, the adverse consequences of
	328	+	8 school exclusion and justice-system involvement, effective
	329	+	9 classroom management strategies, culturally responsive
	330	+	10 discipline, trauma-responsive learning environments, as
	331	+	11 defined in subsection (b) of Section 3-11, the appropriate and
	332	+	12 available supportive services for the promotion of student
	333	+	13 attendance and engagement, and developmentally appropriate
	334	+	14 disciplinary methods that promote positive and healthy school
	335	+	15 climates.
	336	+	16 (d) The board may expel a student for a definite period of
	337	+	17 time not to exceed 2 calendar years, as determined on a
	338	+	18 case-by-case basis. A student who is determined to have
	339	+	19 brought one of the following objects to school, any
	340	+	20 school-sponsored activity or event, or any activity or event
	341	+	21 that bears a reasonable relationship to school shall be
	342	+	22 expelled for a period of not less than one year:
	343	+	23 (1) A firearm. For the purposes of this Section,
	344	+	24 "firearm" means any gun, rifle, shotgun, weapon as defined
	345	+	25 by Section 921 of Title 18 of the United States Code,
	346	+	26 firearm as defined in Section 1.1 of the Firearm Owners
728	347
729	348
730		-	that is not yet or no longer in effect (for example, a Section
731		-	represented by multiple versions), the use of that text does
732		-	not accelerate or delay the taking effect of (i) the changes
733		-	made by this Act or (ii) provisions derived from any other
734		-	Public Act.
	349	+
	350	+
	351	+
	352	+	SB1400 Enrolled - 10 - LRB103 25975 RJT 52329 b
	353	+
	354	+
	355	+	SB1400 Enrolled- 11 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 11 - LRB103 25975 RJT 52329 b
	356	+	SB1400 Enrolled - 11 - LRB103 25975 RJT 52329 b
	357	+	1 Identification Card Act, or firearm as defined in Section
	358	+	2 24-1 of the Criminal Code of 2012. The expulsion period
	359	+	3 under this subdivision (1) may be modified by the
	360	+	4 superintendent, and the superintendent's determination may
	361	+	5 be modified by the board on a case-by-case basis.
	362	+	6 (2) A knife, brass knuckles or other knuckle weapon
	363	+	7 regardless of its composition, a billy club, or any other
	364	+	8 object if used or attempted to be used to cause bodily
	365	+	9 harm, including "look alikes" of any firearm as defined in
	366	+	10 subdivision (1) of this subsection (d). The expulsion
	367	+	11 requirement under this subdivision (2) may be modified by
	368	+	12 the superintendent, and the superintendent's determination
	369	+	13 may be modified by the board on a case-by-case basis.
	370	+	14 Expulsion or suspension shall be construed in a manner
	371	+	15 consistent with the federal Individuals with Disabilities
	372	+	16 Education Act. A student who is subject to suspension or
	373	+	17 expulsion as provided in this Section may be eligible for a
	374	+	18 transfer to an alternative school program in accordance with
	375	+	19 Article 13A of the School Code.
	376	+	20 (d-5) The board may suspend or by regulation authorize the
	377	+	21 superintendent of the district or the principal, assistant
	378	+	22 principal, or dean of students of any school to suspend a
	379	+	23 student for a period not to exceed 10 school days or may expel
	380	+	24 a student for a definite period of time not to exceed 2
	381	+	25 calendar years, as determined on a case-by-case basis, if (i)
	382	+	26 that student has been determined to have made an explicit
	383	+
	384	+
	385	+
	386	+
	387	+
	388	+	SB1400 Enrolled - 11 - LRB103 25975 RJT 52329 b
	389	+
	390	+
	391	+	SB1400 Enrolled- 12 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 12 - LRB103 25975 RJT 52329 b
	392	+	SB1400 Enrolled - 12 - LRB103 25975 RJT 52329 b
	393	+	1 threat on an Internet website against a school employee, a
	394	+	2 student, or any school-related personnel, (ii) the Internet
	395	+	3 website through which the threat was made is a site that was
	396	+	4 accessible within the school at the time the threat was made or
	397	+	5 was available to third parties who worked or studied within
	398	+	6 the school grounds at the time the threat was made, and (iii)
	399	+	7 the threat could be reasonably interpreted as threatening to
	400	+	8 the safety and security of the threatened individual because
	401	+	9 of the individual's his or her duties or employment status or
	402	+	10 status as a student inside the school.
	403	+	11 (e) To maintain order and security in the schools, school
	404	+	12 authorities may inspect and search places and areas such as
	405	+	13 lockers, desks, parking lots, and other school property and
	406	+	14 equipment owned or controlled by the school, as well as
	407	+	15 personal effects left in those places and areas by students,
	408	+	16 without notice to or the consent of the student, and without a
	409	+	17 search warrant. As a matter of public policy, the General
	410	+	18 Assembly finds that students have no reasonable expectation of
	411	+	19 privacy in these places and areas or in their personal effects
	412	+	20 left in these places and areas. School authorities may request
	413	+	21 the assistance of law enforcement officials for the purpose of
	414	+	22 conducting inspections and searches of lockers, desks, parking
	415	+	23 lots, and other school property and equipment owned or
	416	+	24 controlled by the school for illegal drugs, weapons, or other
	417	+	25 illegal or dangerous substances or materials, including
	418	+	26 searches conducted through the use of specially trained dogs.
	419	+
	420	+
	421	+
	422	+
	423	+
	424	+	SB1400 Enrolled - 12 - LRB103 25975 RJT 52329 b
	425	+
	426	+
	427	+	SB1400 Enrolled- 13 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 13 - LRB103 25975 RJT 52329 b
	428	+	SB1400 Enrolled - 13 - LRB103 25975 RJT 52329 b
	429	+	1 If a search conducted in accordance with this Section produces
	430	+	2 evidence that the student has violated or is violating either
	431	+	3 the law, local ordinance, or the school's policies or rules,
	432	+	4 such evidence may be seized by school authorities, and
	433	+	5 disciplinary action may be taken. School authorities may also
	434	+	6 turn over such evidence to law enforcement authorities.
	435	+	7 (f) Suspension or expulsion may include suspension or
	436	+	8 expulsion from school and all school activities and a
	437	+	9 prohibition from being present on school grounds.
	438	+	10 (g) A school district may adopt a policy providing that if
	439	+	11 a student is suspended or expelled for any reason from any
	440	+	12 public or private school in this or any other state, the
	441	+	13 student must complete the entire term of the suspension or
	442	+	14 expulsion in an alternative school program under Article 13A
	443	+	15 of this Code or an alternative learning opportunities program
	444	+	16 under Article 13B of this Code before being admitted into the
	445	+	17 school district if there is no threat to the safety of students
	446	+	18 or staff in the alternative program.
	447	+	19 (h) School officials shall not advise or encourage
	448	+	20 students to drop out voluntarily due to behavioral or academic
	449	+	21 difficulties.
	450	+	22 (i) A student may not be issued a monetary fine or fee as a
	451	+	23 disciplinary consequence, though this shall not preclude
	452	+	24 requiring a student to provide restitution for lost, stolen,
	453	+	25 or damaged property.
	454	+	26 (j) Subsections (a) through (i) of this Section shall
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	SB1400 Enrolled - 13 - LRB103 25975 RJT 52329 b
	461	+
	462	+
	463	+	SB1400 Enrolled- 14 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 14 - LRB103 25975 RJT 52329 b
	464	+	SB1400 Enrolled - 14 - LRB103 25975 RJT 52329 b
	465	+	1 apply to elementary and secondary schools, charter schools,
	466	+	2 special charter districts, and school districts organized
	467	+	3 under Article 34 of this Code.
	468	+	4 (k) The expulsion of students children enrolled in
	469	+	5 programs funded under Section 1C-2 of this Code is subject to
	470	+	6 the requirements under paragraph (7) of subsection (a) of
	471	+	7 Section 2-3.71 of this Code.
	472	+	8 (l) An Beginning with the 2018-2019 school year, an
	473	+	9 in-school suspension program provided by a school district for
	474	+	10 any students in kindergarten through grade 12 may focus on
	475	+	11 promoting non-violent conflict resolution and positive
	476	+	12 interaction with other students and school personnel. A school
	477	+	13 district may employ a school social worker or a licensed
	478	+	14 mental health professional to oversee an in-school suspension
	479	+	15 program in kindergarten through grade 12.
	480	+	16 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
	481	+	17 102-813, eff. 5-13-22.)
	482	+	18 (Text of Section after amendment by P.A. 102-466)
	483	+	19 Sec. 10-22.6. Suspension or expulsion of students pupils;
	484	+	20 school searches.
	485	+	21 (a) To expel students pupils guilty of gross disobedience
	486	+	22 or misconduct, including gross disobedience or misconduct
	487	+	23 perpetuated by electronic means, pursuant to subsection (b-20)
	488	+	24 of this Section, and no action shall lie against them for such
	489	+	25 expulsion. Expulsion shall take place only after the parents
	490	+
	491	+
	492	+
	493	+
	494	+
	495	+	SB1400 Enrolled - 14 - LRB103 25975 RJT 52329 b
	496	+
	497	+
	498	+	SB1400 Enrolled- 15 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 15 - LRB103 25975 RJT 52329 b
	499	+	SB1400 Enrolled - 15 - LRB103 25975 RJT 52329 b
	500	+	1 or guardians have been requested to appear at a meeting of the
	501	+	2 board, or with a hearing officer appointed by it, to discuss
	502	+	3 their child's behavior. Such request shall be made by
	503	+	4 registered or certified mail and shall state the time, place
	504	+	5 and purpose of the meeting. The board, or a hearing officer
	505	+	6 appointed by it, at such meeting shall state the reasons for
	506	+	7 dismissal and the date on which the expulsion is to become
	507	+	8 effective. If a hearing officer is appointed by the board, the
	508	+	9 hearing officer he shall report to the board a written summary
	509	+	10 of the evidence heard at the meeting and the board may take
	510	+	11 such action thereon as it finds appropriate. If the board acts
	511	+	12 to expel a student pupil, the written expulsion decision shall
	512	+	13 detail the specific reasons why removing the student pupil
	513	+	14 from the learning environment is in the best interest of the
	514	+	15 school. The expulsion decision shall also include a rationale
	515	+	16 as to the specific duration of the expulsion. An expelled
	516	+	17 student pupil may be immediately transferred to an alternative
	517	+	18 program in the manner provided in Article 13A or 13B of this
	518	+	19 Code. A student pupil must not be denied transfer because of
	519	+	20 the expulsion, except in cases in which such transfer is
	520	+	21 deemed to cause a threat to the safety of students or staff in
	521	+	22 the alternative program.
	522	+	23 (b) To suspend or by policy to authorize the
	523	+	24 superintendent of the district or the principal, assistant
	524	+	25 principal, or dean of students of any school to suspend
	525	+	26 students pupils guilty of gross disobedience or misconduct, or
	526	+
	527	+
	528	+
	529	+
	530	+
	531	+	SB1400 Enrolled - 15 - LRB103 25975 RJT 52329 b
	532	+
	533	+
	534	+	SB1400 Enrolled- 16 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 16 - LRB103 25975 RJT 52329 b
	535	+	SB1400 Enrolled - 16 - LRB103 25975 RJT 52329 b
	536	+	1 to suspend students pupils guilty of gross disobedience or
	537	+	2 misconduct on the school bus from riding the school bus,
	538	+	3 pursuant to subsections (b-15) and (b-20) of this Section, and
	539	+	4 no action shall lie against them for such suspension. The
	540	+	5 board may by policy authorize the superintendent of the
	541	+	6 district or the principal, assistant principal, or dean of
	542	+	7 students of any school to suspend students pupils guilty of
	543	+	8 such acts for a period not to exceed 10 school days. If a
	544	+	9 student pupil is suspended due to gross disobedience or
	545	+	10 misconduct on a school bus, the board may suspend the student
	546	+	11 pupil in excess of 10 school days for safety reasons.
	547	+	12 Any suspension shall be reported immediately to the
	548	+	13 parents or guardians of a student pupil along with a full
	549	+	14 statement of the reasons for such suspension and a notice of
	550	+	15 their right to a review. The school board must be given a
	551	+	16 summary of the notice, including the reason for the suspension
	552	+	17 and the suspension length. Upon request of the parents or
	553	+	18 guardians, the school board or a hearing officer appointed by
	554	+	19 it shall review such action of the superintendent or
	555	+	20 principal, assistant principal, or dean of students. At such
	556	+	21 review, the parents or guardians of the student pupil may
	557	+	22 appear and discuss the suspension with the board or its
	558	+	23 hearing officer. If a hearing officer is appointed by the
	559	+	24 board, he shall report to the board a written summary of the
	560	+	25 evidence heard at the meeting. After its hearing or upon
	561	+	26 receipt of the written report of its hearing officer, the
	562	+
	563	+
	564	+
	565	+
	566	+
	567	+	SB1400 Enrolled - 16 - LRB103 25975 RJT 52329 b
	568	+
	569	+
	570	+	SB1400 Enrolled- 17 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 17 - LRB103 25975 RJT 52329 b
	571	+	SB1400 Enrolled - 17 - LRB103 25975 RJT 52329 b
	572	+	1 board may take such action as it finds appropriate. If a
	573	+	2 student is suspended pursuant to this subsection (b), the
	574	+	3 board shall, in the written suspension decision, detail the
	575	+	4 specific act of gross disobedience or misconduct resulting in
	576	+	5 the decision to suspend. The suspension decision shall also
	577	+	6 include a rationale as to the specific duration of the
	578	+	7 suspension. A pupil who is suspended in excess of 20 school
	579	+	8 days may be immediately transferred to an alternative program
	580	+	9 in the manner provided in Article 13A or 13B of this Code. A
	581	+	10 pupil must not be denied transfer because of the suspension,
	582	+	11 except in cases in which such transfer is deemed to cause a
	583	+	12 threat to the safety of students or staff in the alternative
	584	+	13 program.
	585	+	14 (b-5) Among the many possible disciplinary interventions
	586	+	15 and consequences available to school officials, school
	587	+	16 exclusions, such as out-of-school suspensions and expulsions,
	588	+	17 are the most serious. School officials shall limit the number
	589	+	18 and duration of expulsions and suspensions to the greatest
	590	+	19 extent practicable, and it is recommended that they use them
	591	+	20 only for legitimate educational purposes. To ensure that
	592	+	21 students are not excluded from school unnecessarily, it is
	593	+	22 recommended that school officials consider forms of
	594	+	23 non-exclusionary discipline prior to using out-of-school
	595	+	24 suspensions or expulsions.
	596	+	25 (b-10) Unless otherwise required by federal law or this
	597	+	26 Code, school boards may not institute zero-tolerance policies
	598	+
	599	+
	600	+
	601	+
	602	+
	603	+	SB1400 Enrolled - 17 - LRB103 25975 RJT 52329 b
	604	+
	605	+
	606	+	SB1400 Enrolled- 18 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 18 - LRB103 25975 RJT 52329 b
	607	+	SB1400 Enrolled - 18 - LRB103 25975 RJT 52329 b
	608	+	1 by which school administrators are required to suspend or
	609	+	2 expel students for particular behaviors.
	610	+	3 (b-15) Out-of-school suspensions of 3 days or less may be
	611	+	4 used only if the student's continuing presence in school would
	612	+	5 pose a threat to school safety or a disruption to other
	613	+	6 students' learning opportunities. For purposes of this
	614	+	7 subsection (b-15), "threat to school safety or a disruption to
	615	+	8 other students' learning opportunities" shall be determined on
	616	+	9 a case-by-case basis by the school board or its designee.
	617	+	10 School officials shall make all reasonable efforts to resolve
	618	+	11 such threats, address such disruptions, and minimize the
	619	+	12 length of suspensions to the greatest extent practicable.
	620	+	13 (b-20) Unless otherwise required by this Code,
	621	+	14 out-of-school suspensions of longer than 3 days, expulsions,
	622	+	15 and disciplinary removals to alternative schools may be used
	623	+	16 only if other appropriate and available behavioral and
	624	+	17 disciplinary interventions have been exhausted and the
	625	+	18 student's continuing presence in school would either (i) pose
	626	+	19 a threat to the safety of other students, staff, or members of
	627	+	20 the school community or (ii) substantially disrupt, impede, or
	628	+	21 interfere with the operation of the school. For purposes of
	629	+	22 this subsection (b-20), "threat to the safety of other
	630	+	23 students, staff, or members of the school community" and
	631	+	24 "substantially disrupt, impede, or interfere with the
	632	+	25 operation of the school" shall be determined on a case-by-case
	633	+	26 basis by school officials. For purposes of this subsection
	634	+
	635	+
	636	+
	637	+
	638	+
	639	+	SB1400 Enrolled - 18 - LRB103 25975 RJT 52329 b
	640	+
	641	+
	642	+	SB1400 Enrolled- 19 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 19 - LRB103 25975 RJT 52329 b
	643	+	SB1400 Enrolled - 19 - LRB103 25975 RJT 52329 b
	644	+	1 (b-20), the determination of whether "appropriate and
	645	+	2 available behavioral and disciplinary interventions have been
	646	+	3 exhausted" shall be made by school officials. School officials
	647	+	4 shall make all reasonable efforts to resolve such threats,
	648	+	5 address such disruptions, and minimize the length of student
	649	+	6 exclusions to the greatest extent practicable. Within the
	650	+	7 suspension decision described in subsection (b) of this
	651	+	8 Section or the expulsion decision described in subsection (a)
	652	+	9 of this Section, it shall be documented whether other
	653	+	10 interventions were attempted or whether it was determined that
	654	+	11 there were no other appropriate and available interventions.
	655	+	12 (b-25) Students who are suspended out-of-school for longer
	656	+	13 than 3 4 school days shall be provided appropriate and
	657	+	14 available support services during the period of their
	658	+	15 suspension. For purposes of this subsection (b-25),
	659	+	16 "appropriate and available support services" shall be
	660	+	17 determined by school authorities. Within the suspension
	661	+	18 decision described in subsection (b) of this Section, it shall
	662	+	19 be documented whether such services are to be provided or
	663	+	20 whether it was determined that there are no such appropriate
	664	+	21 and available services.
	665	+	22 A school district may refer students who are expelled to
	666	+	23 appropriate and available support services.
	667	+	24 A school district shall create a policy to facilitate the
	668	+	25 re-engagement of students who are suspended out-of-school,
	669	+	26 expelled, or returning from an alternative school setting. In
	670	+
	671	+
	672	+
	673	+
	674	+
	675	+	SB1400 Enrolled - 19 - LRB103 25975 RJT 52329 b
	676	+
	677	+
	678	+	SB1400 Enrolled- 20 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 20 - LRB103 25975 RJT 52329 b
	679	+	SB1400 Enrolled - 20 - LRB103 25975 RJT 52329 b
	680	+	1 consultation with stakeholders deemed appropriate by the State
	681	+	2 Board of Education, the State Board of Education shall draft
	682	+	3 and publish guidance for the re-engagement of students who are
	683	+	4 suspended out-of-school, expelled, or returning from an
	684	+	5 alternative school setting in accordance with this Section and
	685	+	6 Section 13A-4 on or before July 1, 2025.
	686	+	7 (b-30) A school district shall create a policy by which
	687	+	8 suspended students pupils, including those students pupils
	688	+	9 suspended from the school bus who do not have alternate
	689	+	10 transportation to school, shall have the opportunity to make
	690	+	11 up work for equivalent academic credit. It shall be the
	691	+	12 responsibility of a student's pupil's parents or guardians to
	692	+	13 notify school officials that a student pupil suspended from
	693	+	14 the school bus does not have alternate transportation to
	694	+	15 school.
	695	+	16 (b-35) In all suspension review hearings conducted under
	696	+	17 subsection (b) or expulsion hearings conducted under
	697	+	18 subsection (a), a student may disclose any factor to be
	698	+	19 considered in mitigation, including his or her status as a
	699	+	20 parent, expectant parent, or victim of domestic or sexual
	700	+	21 violence, as defined in Article 26A. A representative of the
	701	+	22 parent's or guardian's choice, or of the student's choice if
	702	+	23 emancipated, must be permitted to represent the student
	703	+	24 throughout the proceedings and to address the school board or
	704	+	25 its appointed hearing officer. With the approval of the
	705	+	26 student's parent or guardian, or of the student if
	706	+
	707	+
	708	+
	709	+
	710	+
	711	+	SB1400 Enrolled - 20 - LRB103 25975 RJT 52329 b
	712	+
	713	+
	714	+	SB1400 Enrolled- 21 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 21 - LRB103 25975 RJT 52329 b
	715	+	SB1400 Enrolled - 21 - LRB103 25975 RJT 52329 b
	716	+	1 emancipated, a support person must be permitted to accompany
	717	+	2 the student to any disciplinary hearings or proceedings. The
	718	+	3 representative or support person must comply with any rules of
	719	+	4 the school district's hearing process. If the representative
	720	+	5 or support person violates the rules or engages in behavior or
	721	+	6 advocacy that harasses, abuses, or intimidates either party, a
	722	+	7 witness, or anyone else in attendance at the hearing, the
	723	+	8 representative or support person may be prohibited from
	724	+	9 further participation in the hearing or proceeding. A
	725	+	10 suspension or expulsion proceeding under this subsection
	726	+	11 (b-35) must be conducted independently from any ongoing
	727	+	12 criminal investigation or proceeding, and an absence of
	728	+	13 pending or possible criminal charges, criminal investigations,
	729	+	14 or proceedings may not be a factor in school disciplinary
	730	+	15 decisions.
	731	+	16 (b-40) During a suspension review hearing conducted under
	732	+	17 subsection (b) or an expulsion hearing conducted under
	733	+	18 subsection (a) that involves allegations of sexual violence by
	734	+	19 the student who is subject to discipline, neither the student
	735	+	20 nor his or her representative shall directly question nor have
	736	+	21 direct contact with the alleged victim. The student who is
	737	+	22 subject to discipline or his or her representative may, at the
	738	+	23 discretion and direction of the school board or its appointed
	739	+	24 hearing officer, suggest questions to be posed by the school
	740	+	25 board or its appointed hearing officer to the alleged victim.
	741	+	26 (c) A school board must invite a representative from a
	742	+
	743	+
	744	+
	745	+
	746	+
	747	+	SB1400 Enrolled - 21 - LRB103 25975 RJT 52329 b
	748	+
	749	+
	750	+	SB1400 Enrolled- 22 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 22 - LRB103 25975 RJT 52329 b
	751	+	SB1400 Enrolled - 22 - LRB103 25975 RJT 52329 b
	752	+	1 local mental health agency to consult with the board at the
	753	+	2 meeting whenever there is evidence that mental illness may be
	754	+	3 the cause of a student's expulsion or suspension.
	755	+	4 (c-5) School districts shall make reasonable efforts to
	756	+	5 provide ongoing professional development to all school
	757	+	6 personnel teachers, administrators, school board members, and
	758	+	7 school resource officers, and staff on the requirements of
	759	+	8 this Section and Section 10-20.14, the adverse consequences of
	760	+	9 school exclusion and justice-system involvement, effective
	761	+	10 classroom management strategies, culturally responsive
	762	+	11 discipline, trauma-responsive learning environments, as
	763	+	12 defined in subsection (b) of Section 3-11, the appropriate and
	764	+	13 available supportive services for the promotion of student
	765	+	14 attendance and engagement, and developmentally appropriate
	766	+	15 disciplinary methods that promote positive and healthy school
	767	+	16 climates.
	768	+	17 (d) The board may expel a student for a definite period of
	769	+	18 time not to exceed 2 calendar years, as determined on a
	770	+	19 case-by-case basis. A student who is determined to have
	771	+	20 brought one of the following objects to school, any
	772	+	21 school-sponsored activity or event, or any activity or event
	773	+	22 that bears a reasonable relationship to school shall be
	774	+	23 expelled for a period of not less than one year:
	775	+	24 (1) A firearm. For the purposes of this Section,
	776	+	25 "firearm" means any gun, rifle, shotgun, weapon as defined
	777	+	26 by Section 921 of Title 18 of the United States Code,
	778	+
	779	+
	780	+
	781	+
	782	+
	783	+	SB1400 Enrolled - 22 - LRB103 25975 RJT 52329 b
	784	+
	785	+
	786	+	SB1400 Enrolled- 23 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 23 - LRB103 25975 RJT 52329 b
	787	+	SB1400 Enrolled - 23 - LRB103 25975 RJT 52329 b
	788	+	1 firearm as defined in Section 1.1 of the Firearm Owners
	789	+	2 Identification Card Act, or firearm as defined in Section
	790	+	3 24-1 of the Criminal Code of 2012. The expulsion period
	791	+	4 under this subdivision (1) may be modified by the
	792	+	5 superintendent, and the superintendent's determination may
	793	+	6 be modified by the board on a case-by-case basis.
	794	+	7 (2) A knife, brass knuckles or other knuckle weapon
	795	+	8 regardless of its composition, a billy club, or any other
	796	+	9 object if used or attempted to be used to cause bodily
	797	+	10 harm, including "look alikes" of any firearm as defined in
	798	+	11 subdivision (1) of this subsection (d). The expulsion
	799	+	12 requirement under this subdivision (2) may be modified by
	800	+	13 the superintendent, and the superintendent's determination
	801	+	14 may be modified by the board on a case-by-case basis.
	802	+	15 Expulsion or suspension shall be construed in a manner
	803	+	16 consistent with the federal Individuals with Disabilities
	804	+	17 Education Act. A student who is subject to suspension or
	805	+	18 expulsion as provided in this Section may be eligible for a
	806	+	19 transfer to an alternative school program in accordance with
	807	+	20 Article 13A of the School Code.
	808	+	21 (d-5) The board may suspend or by regulation authorize the
	809	+	22 superintendent of the district or the principal, assistant
	810	+	23 principal, or dean of students of any school to suspend a
	811	+	24 student for a period not to exceed 10 school days or may expel
	812	+	25 a student for a definite period of time not to exceed 2
	813	+	26 calendar years, as determined on a case-by-case basis, if (i)
	814	+
	815	+
	816	+
	817	+
	818	+
	819	+	SB1400 Enrolled - 23 - LRB103 25975 RJT 52329 b
	820	+
	821	+
	822	+	SB1400 Enrolled- 24 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 24 - LRB103 25975 RJT 52329 b
	823	+	SB1400 Enrolled - 24 - LRB103 25975 RJT 52329 b
	824	+	1 that student has been determined to have made an explicit
	825	+	2 threat on an Internet website against a school employee, a
	826	+	3 student, or any school-related personnel, (ii) the Internet
	827	+	4 website through which the threat was made is a site that was
	828	+	5 accessible within the school at the time the threat was made or
	829	+	6 was available to third parties who worked or studied within
	830	+	7 the school grounds at the time the threat was made, and (iii)
	831	+	8 the threat could be reasonably interpreted as threatening to
	832	+	9 the safety and security of the threatened individual because
	833	+	10 of the individual's his or her duties or employment status or
	834	+	11 status as a student inside the school.
	835	+	12 (e) To maintain order and security in the schools, school
	836	+	13 authorities may inspect and search places and areas such as
	837	+	14 lockers, desks, parking lots, and other school property and
	838	+	15 equipment owned or controlled by the school, as well as
	839	+	16 personal effects left in those places and areas by students,
	840	+	17 without notice to or the consent of the student, and without a
	841	+	18 search warrant. As a matter of public policy, the General
	842	+	19 Assembly finds that students have no reasonable expectation of
	843	+	20 privacy in these places and areas or in their personal effects
	844	+	21 left in these places and areas. School authorities may request
	845	+	22 the assistance of law enforcement officials for the purpose of
	846	+	23 conducting inspections and searches of lockers, desks, parking
	847	+	24 lots, and other school property and equipment owned or
	848	+	25 controlled by the school for illegal drugs, weapons, or other
	849	+	26 illegal or dangerous substances or materials, including
	850	+
	851	+
	852	+
	853	+
	854	+
	855	+	SB1400 Enrolled - 24 - LRB103 25975 RJT 52329 b
	856	+
	857	+
	858	+	SB1400 Enrolled- 25 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 25 - LRB103 25975 RJT 52329 b
	859	+	SB1400 Enrolled - 25 - LRB103 25975 RJT 52329 b
	860	+	1 searches conducted through the use of specially trained dogs.
	861	+	2 If a search conducted in accordance with this Section produces
	862	+	3 evidence that the student has violated or is violating either
	863	+	4 the law, local ordinance, or the school's policies or rules,
	864	+	5 such evidence may be seized by school authorities, and
	865	+	6 disciplinary action may be taken. School authorities may also
	866	+	7 turn over such evidence to law enforcement authorities.
	867	+	8 (f) Suspension or expulsion may include suspension or
	868	+	9 expulsion from school and all school activities and a
	869	+	10 prohibition from being present on school grounds.
	870	+	11 (g) A school district may adopt a policy providing that if
	871	+	12 a student is suspended or expelled for any reason from any
	872	+	13 public or private school in this or any other state, the
	873	+	14 student must complete the entire term of the suspension or
	874	+	15 expulsion in an alternative school program under Article 13A
	875	+	16 of this Code or an alternative learning opportunities program
	876	+	17 under Article 13B of this Code before being admitted into the
	877	+	18 school district if there is no threat to the safety of students
	878	+	19 or staff in the alternative program. A school district that
	879	+	20 adopts a policy under this subsection (g) must include a
	880	+	21 provision allowing for consideration of any mitigating
	881	+	22 factors, including, but not limited to, a student's status as
	882	+	23 a parent, expectant parent, or victim of domestic or sexual
	883	+	24 violence, as defined in Article 26A.
	884	+	25 (h) School officials shall not advise or encourage
	885	+	26 students to drop out voluntarily due to behavioral or academic
	886	+
	887	+
	888	+
	889	+
	890	+
	891	+	SB1400 Enrolled - 25 - LRB103 25975 RJT 52329 b
	892	+
	893	+
	894	+	SB1400 Enrolled- 26 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 26 - LRB103 25975 RJT 52329 b
	895	+	SB1400 Enrolled - 26 - LRB103 25975 RJT 52329 b
	896	+	1 difficulties.
	897	+	2 (i) A student may not be issued a monetary fine or fee as a
	898	+	3 disciplinary consequence, though this shall not preclude
	899	+	4 requiring a student to provide restitution for lost, stolen,
	900	+	5 or damaged property.
	901	+	6 (j) Subsections (a) through (i) of this Section shall
	902	+	7 apply to elementary and secondary schools, charter schools,
	903	+	8 special charter districts, and school districts organized
	904	+	9 under Article 34 of this Code.
	905	+	10 (k) The expulsion of students children enrolled in
	906	+	11 programs funded under Section 1C-2 of this Code is subject to
	907	+	12 the requirements under paragraph (7) of subsection (a) of
	908	+	13 Section 2-3.71 of this Code.
	909	+	14 (l) An Beginning with the 2018-2019 school year, an
	910	+	15 in-school suspension program provided by a school district for
	911	+	16 any students in kindergarten through grade 12 may focus on
	912	+	17 promoting non-violent conflict resolution and positive
	913	+	18 interaction with other students and school personnel. A school
	914	+	19 district may employ a school social worker or a licensed
	915	+	20 mental health professional to oversee an in-school suspension
	916	+	21 program in kindergarten through grade 12.
	917	+	22 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
	918	+	23 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
	919	+	24 Section 95. No acceleration or delay. Where this Act makes
	920	+	25 changes in a statute that is represented in this Act by text
	921	+
	922	+
	923	+
	924	+
	925	+
	926	+	SB1400 Enrolled - 26 - LRB103 25975 RJT 52329 b
	927	+
	928	+
	929	+	SB1400 Enrolled- 27 -LRB103 25975 RJT 52329 b SB1400 Enrolled - 27 - LRB103 25975 RJT 52329 b
	930	+	SB1400 Enrolled - 27 - LRB103 25975 RJT 52329 b
	931	+	1 that is not yet or no longer in effect (for example, a Section
	932	+	2 represented by multiple versions), the use of that text does
	933	+	3 not accelerate or delay the taking effect of (i) the changes
	934	+	4 made by this Act or (ii) provisions derived from any other
	935	+	5 Public Act.
	936	+
	937	+
	938	+
	939	+
	940	+
	941	+	SB1400 Enrolled - 27 - LRB103 25975 RJT 52329 b