Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2239 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2239 Introduced 2/10/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. provides that when a student is suspended for more than 4 days, that options for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another shall be included. LRB103 28534 RJT 54915 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2239 Introduced 2/10/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. provides that when a student is suspended for more than 4 days, that options for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another shall be included. LRB103 28534 RJT 54915 b LRB103 28534 RJT 54915 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2239 Introduced 2/10/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
4	4	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
5	5	Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. provides that when a student is suspended for more than 4 days, that options for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another shall be included.
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10	10	SB2239 LRB103 28534 RJT 54915 b
11	11	1 AN ACT concerning education.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The School Code is amended by changing Section
15	15	5 10-22.6 as follows:
16	16	6 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
17	17	7 (Text of Section before amendment by P.A. 102-466)
18	18	8 Sec. 10-22.6. Suspension or expulsion of pupils; school
19	19	9 searches.
20	20	10 (a) To expel pupils guilty of gross disobedience or
21	21	11 misconduct, including gross disobedience or misconduct
22	22	12 perpetuated by electronic means, pursuant to subsection (b-20)
23	23	13 of this Section, and no action shall lie against them for such
24	24	14 expulsion. Expulsion shall take place only after the parents
25	25	15 have been requested to appear at a meeting of the board, or
26	26	16 with a hearing officer appointed by it, to discuss their
27	27	17 child's behavior and been notified of the nature of the
28	28	18 hearing and the option of retaining legal counsel. Such
29	29	19 request shall be made by registered or certified mail and
30	30	20 shall state the time, place and purpose of the meeting. The
31	31	21 board, or a hearing officer appointed by it, at such meeting
32	32	22 shall state the reasons for dismissal and the date on which the
33	33	23 expulsion is to become effective. If a hearing officer is
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2239 Introduced 2/10/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
38	38	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
39	39	105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
40	40	Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. provides that when a student is suspended for more than 4 days, that options for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another shall be included.
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43	43	A BILL FOR
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68	68	1 appointed by the board, he shall report to the board a written
69	69	2 summary of the evidence heard at the meeting and the board may
70	70	3 take such action thereon as it finds appropriate. If the board
71	71	4 acts to expel a pupil, the written expulsion decision shall
72	72	5 detail the specific reasons why removing the pupil from the
73	73	6 learning environment is in the best interest of the school.
74	74	7 The expulsion decision shall also include a rationale as to
75	75	8 the specific duration of the expulsion. An expelled pupil may
76	76	9 be immediately transferred to an alternative program in the
77	77	10 manner provided in Article 13A or 13B of this Code. A pupil
78	78	11 must not be denied transfer because of the expulsion, except
79	79	12 in cases in which such transfer is deemed to cause a threat to
80	80	13 the safety of students or staff in the alternative program.
81	81	14 (b) To suspend or by policy to authorize the
82	82	15 superintendent of the district or the principal, assistant
83	83	16 principal, or dean of students of any school to suspend pupils
84	84	17 guilty of gross disobedience or misconduct, or to suspend
85	85	18 pupils guilty of gross disobedience or misconduct on the
86	86	19 school bus from riding the school bus, pursuant to subsections
87	87	20 (b-15) and (b-20) of this Section, and no action shall lie
88	88	21 against them for such suspension. The board may by policy
89	89	22 authorize the superintendent of the district or the principal,
90	90	23 assistant principal, or dean of students of any school to
91	91	24 suspend pupils guilty of such acts for a period not to exceed
92	92	25 10 school days. The day after the suspension period is over,
93	93	26 the pupil may return to school. If a pupil is suspended due to
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104	104	1 gross disobedience or misconduct on a school bus, the board
105	105	2 may suspend the pupil in excess of 10 school days for safety
106	106	3 reasons. For a pupil suspended due to gross disobedience or
107	107	4 misconduct on a school bus, a written decision about whether
108	108	5 the student is permitted to use a school bus shall be made
109	109	6 within 15 days of the incident that led to the student being
110	110	7 suspended.
111	111	8 Any suspension shall be reported immediately to the
112	112	9 parents or guardian of a pupil along with a full statement of
113	113	10 the reasons for such suspension and a notice of their right to
114	114	11 a review. Schools shall offer written demonstration of
115	115	12 remediation efforts excluding out of school suspensions,
116	116	13 including, but not limited to, attempts at peer meditation,
117	117	14 in-school suspension, a shorter period of a 3 to 5 day
118	118	15 suspension, and any previous parent or legal guardian
119	119	16 communications. Schools shall also use data to track whether
120	120	17 significant disproportionality based on race and ethnicity is
121	121	18 occurring both in the State and the district with respect to
122	122	19 the incidence, duration, and type of disciplinary removals
123	123	20 from placement, including suspensions and expulsions. If it is
124	124	21 determined that significant disproportionality is occurring,
125	125	22 the school shall provide that determination for annual review
126	126	23 and, if appropriate, revision of the policies, practices, and
127	127	24 procedures used in disciplinary removals to ensure that the
128	128	25 policies, practices, and procedures comply with the district's
129	129	26 equity requirements. The school board must be given a summary
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140	140	1 of the notice, including the reason for the suspension, and
141	141	2 the suspension length, and other evidence-based alternatives
142	142	3 to suspension. Upon request of the parents or guardian, the
143	143	4 school board or a hearing officer appointed by it shall review
144	144	5 such action of the superintendent or principal, assistant
145	145	6 principal, or dean of students. At such review, the parents or
146	146	7 guardian of the pupil may appear and discuss the suspension
147	147	8 with the board or its hearing officer. If a hearing officer is
148	148	9 appointed by the board, he shall report to the board a written
149	149	10 summary of the evidence heard at the meeting. After its
150	150	11 hearing or upon receipt of the written report of its hearing
151	151	12 officer, the board may take such action as it finds
152	152	13 appropriate. If a student is suspended pursuant to this
153	153	14 subsection (b), the board shall, in the written suspension
154	154	15 decision, detail the specific act of gross disobedience or
155	155	16 misconduct resulting in the decision to suspend. The
156	156	17 suspension decision shall also include a rationale as to the
157	157	18 specific duration of the suspension. A pupil who is suspended
158	158	19 in excess of 20 school days may be immediately transferred to
159	159	20 an alternative program in the manner provided in Article 13A
160	160	21 or 13B of this Code. A pupil must not be denied transfer
161	161	22 because of the suspension, except in cases in which such
162	162	23 transfer is deemed to cause a threat to the safety of students
163	163	24 or staff in the alternative program.
164	164	25 (b-5) Among the many possible disciplinary interventions
165	165	26 and consequences available to school officials, school
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176	176	1 exclusions, such as out-of-school suspensions and expulsions,
177	177	2 are the most serious. School officials shall limit the number
178	178	3 and duration of expulsions and suspensions to the greatest
179	179	4 extent practicable, and it is recommended that they use them
180	180	5 only for legitimate educational purposes. To ensure that
181	181	6 students are not excluded from school unnecessarily, it is
182	182	7 recommended that school officials consider forms of
183	183	8 non-exclusionary discipline prior to using out-of-school
184	184	9 suspensions or expulsions.
185	185	10 (b-10) Unless otherwise required by federal law or this
186	186	11 Code, school boards may not institute zero-tolerance policies
187	187	12 by which school administrators are required to suspend or
188	188	13 expel students for particular behaviors.
189	189	14 (b-15) Out-of-school suspensions of 3 days or less may be
190	190	15 used only if the student's continuing presence in school would
191	191	16 pose a threat to school safety or a disruption to other
192	192	17 students' learning opportunities. For purposes of this
193	193	18 subsection (b-15), "threat to school safety or a disruption to
194	194	19 other students' learning opportunities" shall be determined on
195	195	20 a case-by-case basis by the school board or its designee.
196	196	21 School officials shall make all reasonable efforts to resolve
197	197	22 such threats, address such disruptions, and minimize the
198	198	23 length of suspensions to the greatest extent practicable.
199	199	24 (b-20) Unless otherwise required by this Code,
200	200	25 out-of-school suspensions of longer than 3 days, expulsions,
201	201	26 and disciplinary removals to alternative schools may be used
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212	212	1 only if other appropriate and available behavioral and
213	213	2 disciplinary interventions have been exhausted and the
214	214	3 student's continuing presence in school would either (i) pose
215	215	4 a threat to the safety of other students, staff, or members of
216	216	5 the school community or (ii) substantially disrupt, impede, or
217	217	6 interfere with the operation of the school. For purposes of
218	218	7 this subsection (b-20), "threat to the safety of other
219	219	8 students, staff, or members of the school community" and
220	220	9 "substantially disrupt, impede, or interfere with the
221	221	10 operation of the school" shall be determined on a case-by-case
222	222	11 basis by school officials. For purposes of this subsection
223	223	12 (b-20), the determination of whether "appropriate and
224	224	13 available behavioral and disciplinary interventions have been
225	225	14 exhausted" shall be made by school officials. School officials
226	226	15 shall make all reasonable efforts to resolve such threats,
227	227	16 address such disruptions, and minimize the length of student
228	228	17 exclusions to the greatest extent practicable. Within the
229	229	18 suspension decision described in subsection (b) of this
230	230	19 Section or the expulsion decision described in subsection (a)
231	231	20 of this Section, it shall be documented whether other
232	232	21 interventions were attempted or whether it was determined that
233	233	22 there were no other appropriate and available interventions.
234	234	23 (b-25) Students who are suspended out-of-school for longer
235	235	24 than 4 school days shall be provided appropriate and available
236	236	25 support services during the period of their suspension. For
237	237	26 purposes of this subsection (b-25), "appropriate and available
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248	248	1 support services" shall be determined by school authorities,
249	249	2 but shall include an option for automatically placing the
250	250	3 student in an e-learning program or distance learning program
251	251	4 through written materials if (1) the removal is for more than 5
252	252	5 consecutive school days; or (2) the child has been subjected
253	253	6 to a series of removals that constitute a pattern, because the
254	254	7 series of removals total more than 10 school days in a school
255	255	8 year, because the child's behavior is substantially similar to
256	256	9 the child's behavior in previous incidents that resulted in
257	257	10 the series of removals, and the effects of additional factors
258	258	11 such as the length of each removal, the total amount of time
259	259	12 the child has been removed, and the proximity of the removals
260	260	13 to one another. Within the suspension decision described in
261	261	14 subsection (b) of this Section, it shall be documented whether
262	262	15 such services are to be provided or whether it was determined
263	263	16 that there are no such appropriate and available services.
264	264	17 A school district may refer students who are expelled to
265	265	18 appropriate and available support services.
266	266	19 A school district shall create a policy to facilitate the
267	267	20 re-engagement of students who are suspended out-of-school,
268	268	21 expelled, or returning from an alternative school setting.
269	269	22 (b-30) A school district shall create a policy by which
270	270	23 suspended pupils, including those pupils suspended from the
271	271	24 school bus who do not have alternate transportation to school,
272	272	25 shall have the opportunity to make up work for equivalent
273	273	26 academic credit. It shall be the responsibility of a pupil's
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284	284	1 parent or guardian to notify school officials that a pupil
285	285	2 suspended from the school bus does not have alternate
286	286	3 transportation to school.
287	287	4 (c) A school board must invite a representative from a
288	288	5 local mental health agency to consult with the board at the
289	289	6 meeting whenever there is evidence that mental illness may be
290	290	7 the cause of a student's expulsion or suspension.
291	291	8 (c-5) School districts shall make reasonable efforts to
292	292	9 provide ongoing professional development to teachers,
293	293	10 administrators, school board members, school resource
294	294	11 officers, and staff on the adverse consequences of school
295	295	12 exclusion and justice-system involvement, effective classroom
296	296	13 management strategies, culturally responsive discipline, the
297	297	14 appropriate and available supportive services for the
298	298	15 promotion of student attendance and engagement, and
299	299	16 developmentally appropriate disciplinary methods that promote
300	300	17 positive and healthy school climates.
301	301	18 (d) The board may expel a student for a definite period of
302	302	19 time not to exceed 2 calendar years, as determined on a
303	303	20 case-by-case basis. A student who is determined to have
304	304	21 brought one of the following objects to school, any
305	305	22 school-sponsored activity or event, or any activity or event
306	306	23 that bears a reasonable relationship to school shall be
307	307	24 expelled for a period of not less than one year:
308	308	25 (1) A firearm. For the purposes of this Section,
309	309	26 "firearm" means any gun, rifle, shotgun, weapon as defined
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320	320	1 by Section 921 of Title 18 of the United States Code,
321	321	2 firearm as defined in Section 1.1 of the Firearm Owners
322	322	3 Identification Card Act, or firearm as defined in Section
323	323	4 24-1 of the Criminal Code of 2012. The expulsion period
324	324	5 under this subdivision (1) may be modified by the
325	325	6 superintendent, and the superintendent's determination may
326	326	7 be modified by the board on a case-by-case basis.
327	327	8 (2) A knife, brass knuckles or other knuckle weapon
328	328	9 regardless of its composition, a billy club, or any other
329	329	10 object if used or attempted to be used to cause bodily
330	330	11 harm, including "look alikes" of any firearm as defined in
331	331	12 subdivision (1) of this subsection (d). The expulsion
332	332	13 requirement under this subdivision (2) may be modified by
333	333	14 the superintendent, and the superintendent's determination
334	334	15 may be modified by the board on a case-by-case basis.
335	335	16 Expulsion or suspension shall be construed in a manner
336	336	17 consistent with the federal Individuals with Disabilities
337	337	18 Education Act. A student who is subject to suspension or
338	338	19 expulsion as provided in this Section may be eligible for a
339	339	20 transfer to an alternative school program in accordance with
340	340	21 Article 13A of the School Code.
341	341	22 (d-5) The board may suspend or by regulation authorize the
342	342	23 superintendent of the district or the principal, assistant
343	343	24 principal, or dean of students of any school to suspend a
344	344	25 student for a period not to exceed 10 school days or may expel
345	345	26 a student for a definite period of time not to exceed 2
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356	356	1 calendar years, as determined on a case-by-case basis, if (i)
357	357	2 that student has been determined to have made an explicit
358	358	3 threat on an Internet website against a school employee, a
359	359	4 student, or any school-related personnel, (ii) the Internet
360	360	5 website through which the threat was made is a site that was
361	361	6 accessible within the school at the time the threat was made or
362	362	7 was available to third parties who worked or studied within
363	363	8 the school grounds at the time the threat was made, and (iii)
364	364	9 the threat could be reasonably interpreted as threatening to
365	365	10 the safety and security of the threatened individual because
366	366	11 of his or her duties or employment status or status as a
367	367	12 student inside the school.
368	368	13 (e) To maintain order and security in the schools, school
369	369	14 authorities may inspect and search places and areas such as
370	370	15 lockers, desks, parking lots, and other school property and
371	371	16 equipment owned or controlled by the school, as well as
372	372	17 personal effects left in those places and areas by students,
373	373	18 without notice to or the consent of the student, and without a
374	374	19 search warrant. As a matter of public policy, the General
375	375	20 Assembly finds that students have no reasonable expectation of
376	376	21 privacy in these places and areas or in their personal effects
377	377	22 left in these places and areas. School authorities may request
378	378	23 the assistance of law enforcement officials for the purpose of
379	379	24 conducting inspections and searches of lockers, desks, parking
380	380	25 lots, and other school property and equipment owned or
381	381	26 controlled by the school for illegal drugs, weapons, or other
382	382
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392	392	1 illegal or dangerous substances or materials, including
393	393	2 searches conducted through the use of specially trained dogs.
394	394	3 If a search conducted in accordance with this Section produces
395	395	4 evidence that the student has violated or is violating either
396	396	5 the law, local ordinance, or the school's policies or rules,
397	397	6 such evidence may be seized by school authorities, and
398	398	7 disciplinary action may be taken. School authorities may also
399	399	8 turn over such evidence to law enforcement authorities.
400	400	9 (f) Suspension or expulsion may include suspension or
401	401	10 expulsion from school and all school activities and a
402	402	11 prohibition from being present on school grounds.
403	403	12 (g) A school district may adopt a policy providing that if
404	404	13 a student is suspended or expelled for any reason from any
405	405	14 public or private school in this or any other state, the
406	406	15 student must complete the entire term of the suspension or
407	407	16 expulsion in an alternative school program under Article 13A
408	408	17 of this Code or an alternative learning opportunities program
409	409	18 under Article 13B of this Code before being admitted into the
410	410	19 school district if there is no threat to the safety of students
411	411	20 or staff in the alternative program.
412	412	21 (h) School officials shall not advise or encourage
413	413	22 students to drop out voluntarily due to behavioral or academic
414	414	23 difficulties.
415	415	24 (i) A student may not be issued a monetary fine or fee as a
416	416	25 disciplinary consequence, though this shall not preclude
417	417	26 requiring a student to provide restitution for lost, stolen,
418	418
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428	428	1 or damaged property.
429	429	2 (j) Subsections (a) through (i) of this Section shall
430	430	3 apply to elementary and secondary schools, charter schools,
431	431	4 special charter districts, and school districts organized
432	432	5 under Article 34 of this Code.
433	433	6 (k) The expulsion of children enrolled in programs funded
434	434	7 under Section 1C-2 of this Code is subject to the requirements
435	435	8 under paragraph (7) of subsection (a) of Section 2-3.71 of
436	436	9 this Code.
437	437	10 (l) Beginning with the 2018-2019 school year, an in-school
438	438	11 suspension program provided by a school district for any
439	439	12 students in kindergarten through grade 12 may focus on
440	440	13 promoting non-violent conflict resolution and positive
441	441	14 interaction with other students and school personnel. A school
442	442	15 district may employ a school social worker or a licensed
443	443	16 mental health professional to oversee an in-school suspension
444	444	17 program in kindergarten through grade 12.
445	445	18 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
446	446	19 102-813, eff. 5-13-22.)
447	447	20 (Text of Section after amendment by P.A. 102-466)
448	448	21 Sec. 10-22.6. Suspension or expulsion of pupils; school
449	449	22 searches.
450	450	23 (a) To expel pupils guilty of gross disobedience or
451	451	24 misconduct, including gross disobedience or misconduct
452	452	25 perpetuated by electronic means, pursuant to subsection (b-20)
453	453
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463	463	1 of this Section, and no action shall lie against them for such
464	464	2 expulsion. Expulsion shall take place only after the parents
465	465	3 or guardians have been requested to appear at a meeting of the
466	466	4 board, or with a hearing officer appointed by it, to discuss
467	467	5 their child's behavior and been notified of the nature of the
468	468	6 hearing and the option of retaining legal counsel. Such
469	469	7 request shall be made by registered or certified mail and
470	470	8 shall state the time, place and purpose of the meeting. The
471	471	9 board, or a hearing officer appointed by it, at such meeting
472	472	10 shall state the reasons for dismissal and the date on which the
473	473	11 expulsion is to become effective. If a hearing officer is
474	474	12 appointed by the board, he shall report to the board a written
475	475	13 summary of the evidence heard at the meeting and the board may
476	476	14 take such action thereon as it finds appropriate. If the board
477	477	15 acts to expel a pupil, the written expulsion decision shall
478	478	16 detail the specific reasons why removing the pupil from the
479	479	17 learning environment is in the best interest of the school.
480	480	18 The expulsion decision shall also include a rationale as to
481	481	19 the specific duration of the expulsion. An expelled pupil may
482	482	20 be immediately transferred to an alternative program in the
483	483	21 manner provided in Article 13A or 13B of this Code. A pupil
484	484	22 must not be denied transfer because of the expulsion, except
485	485	23 in cases in which such transfer is deemed to cause a threat to
486	486	24 the safety of students or staff in the alternative program.
487	487	25 (b) To suspend or by policy to authorize the
488	488	26 superintendent of the district or the principal, assistant
489	489
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499	499	1 principal, or dean of students of any school to suspend pupils
500	500	2 guilty of gross disobedience or misconduct, or to suspend
501	501	3 pupils guilty of gross disobedience or misconduct on the
502	502	4 school bus from riding the school bus, pursuant to subsections
503	503	5 (b-15) and (b-20) of this Section, and no action shall lie
504	504	6 against them for such suspension. The board may by policy
505	505	7 authorize the superintendent of the district or the principal,
506	506	8 assistant principal, or dean of students of any school to
507	507	9 suspend pupils guilty of such acts for a period not to exceed
508	508	10 10 school days. The day after the suspension period is over,
509	509	11 the pupil may return to school. If a pupil is suspended due to
510	510	12 gross disobedience or misconduct on a school bus, the board
511	511	13 may suspend the pupil in excess of 10 school days for safety
512	512	14 reasons. For a pupil suspended due to gross disobedience or
513	513	15 misconduct on a school bus, a written decision about whether
514	514	16 the student is permitted to use a school bus shall be made
515	515	17 within 15 days of the incident that led to the student being
516	516	18 suspended.
517	517	19 Any suspension shall be reported immediately to the
518	518	20 parents or guardians of a pupil along with a full statement of
519	519	21 the reasons for such suspension and a notice of their right to
520	520	22 a review. Schools shall offer written demonstration of
521	521	23 remediation efforts excluding out of school suspensions,
522	522	24 including, but not limited to, attempts at peer meditation,
523	523	25 in-school suspension, a shorter period of a 3 to 5 day
524	524	26 suspension, and any previous parent or legal guardian
525	525
526	526
527	527
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531	531
532	532
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535	535	1 communications. Schools shall also use data to track whether
536	536	2 significant disproportionality based on race and ethnicity is
537	537	3 occurring both in the State and the district with respect to
538	538	4 the incidence, duration, and type of disciplinary removals
539	539	5 from placement, including suspensions and expulsions. If it is
540	540	6 determined that significant disproportionality is occurring,
541	541	7 the school shall provide that determination for annual review
542	542	8 and, if appropriate, revision of the policies, practices, and
543	543	9 procedures used in disciplinary removals to ensure that the
544	544	10 policies, practices, and procedures comply with the district's
545	545	11 equity requirements. The school board must be given a summary
546	546	12 of the notice, including the reason for the suspension, and
547	547	13 the suspension length, and other evidence-based alternatives
548	548	14 to suspension. Upon request of the parents or guardians, the
549	549	15 school board or a hearing officer appointed by it shall review
550	550	16 such action of the superintendent or principal, assistant
551	551	17 principal, or dean of students. At such review, the parents or
552	552	18 guardians of the pupil may appear and discuss the suspension
553	553	19 with the board or its hearing officer. If a hearing officer is
554	554	20 appointed by the board, he shall report to the board a written
555	555	21 summary of the evidence heard at the meeting. After its
556	556	22 hearing or upon receipt of the written report of its hearing
557	557	23 officer, the board may take such action as it finds
558	558	24 appropriate. If a student is suspended pursuant to this
559	559	25 subsection (b), the board shall, in the written suspension
560	560	26 decision, detail the specific act of gross disobedience or
561	561
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571	571	1 misconduct resulting in the decision to suspend. The
572	572	2 suspension decision shall also include a rationale as to the
573	573	3 specific duration of the suspension. A pupil who is suspended
574	574	4 in excess of 20 school days may be immediately transferred to
575	575	5 an alternative program in the manner provided in Article 13A
576	576	6 or 13B of this Code. A pupil must not be denied transfer
577	577	7 because of the suspension, except in cases in which such
578	578	8 transfer is deemed to cause a threat to the safety of students
579	579	9 or staff in the alternative program.
580	580	10 (b-5) Among the many possible disciplinary interventions
581	581	11 and consequences available to school officials, school
582	582	12 exclusions, such as out-of-school suspensions and expulsions,
583	583	13 are the most serious. School officials shall limit the number
584	584	14 and duration of expulsions and suspensions to the greatest
585	585	15 extent practicable, and it is recommended that they use them
586	586	16 only for legitimate educational purposes. To ensure that
587	587	17 students are not excluded from school unnecessarily, it is
588	588	18 recommended that school officials consider forms of
589	589	19 non-exclusionary discipline prior to using out-of-school
590	590	20 suspensions or expulsions.
591	591	21 (b-10) Unless otherwise required by federal law or this
592	592	22 Code, school boards may not institute zero-tolerance policies
593	593	23 by which school administrators are required to suspend or
594	594	24 expel students for particular behaviors.
595	595	25 (b-15) Out-of-school suspensions of 3 days or less may be
596	596	26 used only if the student's continuing presence in school would
597	597
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607	607	1 pose a threat to school safety or a disruption to other
608	608	2 students' learning opportunities. For purposes of this
609	609	3 subsection (b-15), "threat to school safety or a disruption to
610	610	4 other students' learning opportunities" shall be determined on
611	611	5 a case-by-case basis by the school board or its designee.
612	612	6 School officials shall make all reasonable efforts to resolve
613	613	7 such threats, address such disruptions, and minimize the
614	614	8 length of suspensions to the greatest extent practicable.
615	615	9 (b-20) Unless otherwise required by this Code,
616	616	10 out-of-school suspensions of longer than 3 days, expulsions,
617	617	11 and disciplinary removals to alternative schools may be used
618	618	12 only if other appropriate and available behavioral and
619	619	13 disciplinary interventions have been exhausted and the
620	620	14 student's continuing presence in school would either (i) pose
621	621	15 a threat to the safety of other students, staff, or members of
622	622	16 the school community or (ii) substantially disrupt, impede, or
623	623	17 interfere with the operation of the school. For purposes of
624	624	18 this subsection (b-20), "threat to the safety of other
625	625	19 students, staff, or members of the school community" and
626	626	20 "substantially disrupt, impede, or interfere with the
627	627	21 operation of the school" shall be determined on a case-by-case
628	628	22 basis by school officials. For purposes of this subsection
629	629	23 (b-20), the determination of whether "appropriate and
630	630	24 available behavioral and disciplinary interventions have been
631	631	25 exhausted" shall be made by school officials. School officials
632	632	26 shall make all reasonable efforts to resolve such threats,
633	633
634	634
635	635
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643	643	1 address such disruptions, and minimize the length of student
644	644	2 exclusions to the greatest extent practicable. Within the
645	645	3 suspension decision described in subsection (b) of this
646	646	4 Section or the expulsion decision described in subsection (a)
647	647	5 of this Section, it shall be documented whether other
648	648	6 interventions were attempted or whether it was determined that
649	649	7 there were no other appropriate and available interventions.
650	650	8 (b-25) Students who are suspended out-of-school for longer
651	651	9 than 4 school days shall be provided appropriate and available
652	652	10 support services during the period of their suspension. For
653	653	11 purposes of this subsection (b-25), "appropriate and available
654	654	12 support services" shall be determined by school authorities,
655	655	13 but shall include an option for automatically placing the
656	656	14 student in an e-learning program or distance learning program
657	657	15 through written materials if (1) the removal is for more than 5
658	658	16 consecutive school days; or (2) the child has been subjected
659	659	17 to a series of removals that constitute a pattern, because the
660	660	18 series of removals total more than 10 school days in a school
661	661	19 year, because the child's behavior is substantially similar to
662	662	20 the child's behavior in previous incidents that resulted in
663	663	21 the series of removals, and the effects of additional factors
664	664	22 such as the length of each removal, the total amount of time
665	665	23 the child has been removed, and the proximity of the removals
666	666	24 to one another. Within the suspension decision described in
667	667	25 subsection (b) of this Section, it shall be documented whether
668	668	26 such services are to be provided or whether it was determined
669	669
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679	679	1 that there are no such appropriate and available services.
680	680	2 A school district may refer students who are expelled to
681	681	3 appropriate and available support services.
682	682	4 A school district shall create a policy to facilitate the
683	683	5 re-engagement of students who are suspended out-of-school,
684	684	6 expelled, or returning from an alternative school setting.
685	685	7 (b-30) A school district shall create a policy by which
686	686	8 suspended pupils, including those pupils suspended from the
687	687	9 school bus who do not have alternate transportation to school,
688	688	10 shall have the opportunity to make up work for equivalent
689	689	11 academic credit. It shall be the responsibility of a pupil's
690	690	12 parents or guardians to notify school officials that a pupil
691	691	13 suspended from the school bus does not have alternate
692	692	14 transportation to school.
693	693	15 (b-35) In all suspension review hearings conducted under
694	694	16 subsection (b) or expulsion hearings conducted under
695	695	17 subsection (a), a student may disclose any factor to be
696	696	18 considered in mitigation, including his or her status as a
697	697	19 parent, expectant parent, or victim of domestic or sexual
698	698	20 violence, as defined in Article 26A. A representative of the
699	699	21 parent's or guardian's choice, or of the student's choice if
700	700	22 emancipated, must be permitted to represent the student
701	701	23 throughout the proceedings and to address the school board or
702	702	24 its appointed hearing officer. With the approval of the
703	703	25 student's parent or guardian, or of the student if
704	704	26 emancipated, a support person must be permitted to accompany
705	705
706	706
707	707
708	708
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711	711
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715	715	1 the student to any disciplinary hearings or proceedings. The
716	716	2 representative or support person must comply with any rules of
717	717	3 the school district's hearing process. If the representative
718	718	4 or support person violates the rules or engages in behavior or
719	719	5 advocacy that harasses, abuses, or intimidates either party, a
720	720	6 witness, or anyone else in attendance at the hearing, the
721	721	7 representative or support person may be prohibited from
722	722	8 further participation in the hearing or proceeding. A
723	723	9 suspension or expulsion proceeding under this subsection
724	724	10 (b-35) must be conducted independently from any ongoing
725	725	11 criminal investigation or proceeding, and an absence of
726	726	12 pending or possible criminal charges, criminal investigations,
727	727	13 or proceedings may not be a factor in school disciplinary
728	728	14 decisions.
729	729	15 (b-40) During a suspension review hearing conducted under
730	730	16 subsection (b) or an expulsion hearing conducted under
731	731	17 subsection (a) that involves allegations of sexual violence by
732	732	18 the student who is subject to discipline, neither the student
733	733	19 nor his or her representative shall directly question nor have
734	734	20 direct contact with the alleged victim. The student who is
735	735	21 subject to discipline or his or her representative may, at the
736	736	22 discretion and direction of the school board or its appointed
737	737	23 hearing officer, suggest questions to be posed by the school
738	738	24 board or its appointed hearing officer to the alleged victim.
739	739	25 (c) A school board must invite a representative from a
740	740	26 local mental health agency to consult with the board at the
741	741
742	742
743	743
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747	747
748	748
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751	751	1 meeting whenever there is evidence that mental illness may be
752	752	2 the cause of a student's expulsion or suspension.
753	753	3 (c-5) School districts shall make reasonable efforts to
754	754	4 provide ongoing professional development to teachers,
755	755	5 administrators, school board members, school resource
756	756	6 officers, and staff on the adverse consequences of school
757	757	7 exclusion and justice-system involvement, effective classroom
758	758	8 management strategies, culturally responsive discipline, the
759	759	9 appropriate and available supportive services for the
760	760	10 promotion of student attendance and engagement, and
761	761	11 developmentally appropriate disciplinary methods that promote
762	762	12 positive and healthy school climates.
763	763	13 (d) The board may expel a student for a definite period of
764	764	14 time not to exceed 2 calendar years, as determined on a
765	765	15 case-by-case basis. A student who is determined to have
766	766	16 brought one of the following objects to school, any
767	767	17 school-sponsored activity or event, or any activity or event
768	768	18 that bears a reasonable relationship to school shall be
769	769	19 expelled for a period of not less than one year:
770	770	20 (1) A firearm. For the purposes of this Section,
771	771	21 "firearm" means any gun, rifle, shotgun, weapon as defined
772	772	22 by Section 921 of Title 18 of the United States Code,
773	773	23 firearm as defined in Section 1.1 of the Firearm Owners
774	774	24 Identification Card Act, or firearm as defined in Section
775	775	25 24-1 of the Criminal Code of 2012. The expulsion period
776	776	26 under this subdivision (1) may be modified by the
777	777
778	778
779	779
780	780
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783	783
784	784
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787	787	1 superintendent, and the superintendent's determination may
788	788	2 be modified by the board on a case-by-case basis.
789	789	3 (2) A knife, brass knuckles or other knuckle weapon
790	790	4 regardless of its composition, a billy club, or any other
791	791	5 object if used or attempted to be used to cause bodily
792	792	6 harm, including "look alikes" of any firearm as defined in
793	793	7 subdivision (1) of this subsection (d). The expulsion
794	794	8 requirement under this subdivision (2) may be modified by
795	795	9 the superintendent, and the superintendent's determination
796	796	10 may be modified by the board on a case-by-case basis.
797	797	11 Expulsion or suspension shall be construed in a manner
798	798	12 consistent with the federal Individuals with Disabilities
799	799	13 Education Act. A student who is subject to suspension or
800	800	14 expulsion as provided in this Section may be eligible for a
801	801	15 transfer to an alternative school program in accordance with
802	802	16 Article 13A of the School Code.
803	803	17 (d-5) The board may suspend or by regulation authorize the
804	804	18 superintendent of the district or the principal, assistant
805	805	19 principal, or dean of students of any school to suspend a
806	806	20 student for a period not to exceed 10 school days or may expel
807	807	21 a student for a definite period of time not to exceed 2
808	808	22 calendar years, as determined on a case-by-case basis, if (i)
809	809	23 that student has been determined to have made an explicit
810	810	24 threat on an Internet website against a school employee, a
811	811	25 student, or any school-related personnel, (ii) the Internet
812	812	26 website through which the threat was made is a site that was
813	813
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815	815
816	816
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819	819
820	820
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823	823	1 accessible within the school at the time the threat was made or
824	824	2 was available to third parties who worked or studied within
825	825	3 the school grounds at the time the threat was made, and (iii)
826	826	4 the threat could be reasonably interpreted as threatening to
827	827	5 the safety and security of the threatened individual because
828	828	6 of his or her duties or employment status or status as a
829	829	7 student inside the school.
830	830	8 (e) To maintain order and security in the schools, school
831	831	9 authorities may inspect and search places and areas such as
832	832	10 lockers, desks, parking lots, and other school property and
833	833	11 equipment owned or controlled by the school, as well as
834	834	12 personal effects left in those places and areas by students,
835	835	13 without notice to or the consent of the student, and without a
836	836	14 search warrant. As a matter of public policy, the General
837	837	15 Assembly finds that students have no reasonable expectation of
838	838	16 privacy in these places and areas or in their personal effects
839	839	17 left in these places and areas. School authorities may request
840	840	18 the assistance of law enforcement officials for the purpose of
841	841	19 conducting inspections and searches of lockers, desks, parking
842	842	20 lots, and other school property and equipment owned or
843	843	21 controlled by the school for illegal drugs, weapons, or other
844	844	22 illegal or dangerous substances or materials, including
845	845	23 searches conducted through the use of specially trained dogs.
846	846	24 If a search conducted in accordance with this Section produces
847	847	25 evidence that the student has violated or is violating either
848	848	26 the law, local ordinance, or the school's policies or rules,
849	849
850	850
851	851
852	852
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859	859	1 such evidence may be seized by school authorities, and
860	860	2 disciplinary action may be taken. School authorities may also
861	861	3 turn over such evidence to law enforcement authorities.
862	862	4 (f) Suspension or expulsion may include suspension or
863	863	5 expulsion from school and all school activities and a
864	864	6 prohibition from being present on school grounds.
865	865	7 (g) A school district may adopt a policy providing that if
866	866	8 a student is suspended or expelled for any reason from any
867	867	9 public or private school in this or any other state, the
868	868	10 student must complete the entire term of the suspension or
869	869	11 expulsion in an alternative school program under Article 13A
870	870	12 of this Code or an alternative learning opportunities program
871	871	13 under Article 13B of this Code before being admitted into the
872	872	14 school district if there is no threat to the safety of students
873	873	15 or staff in the alternative program. A school district that
874	874	16 adopts a policy under this subsection (g) must include a
875	875	17 provision allowing for consideration of any mitigating
876	876	18 factors, including, but not limited to, a student's status as
877	877	19 a parent, expectant parent, or victim of domestic or sexual
878	878	20 violence, as defined in Article 26A.
879	879	21 (h) School officials shall not advise or encourage
880	880	22 students to drop out voluntarily due to behavioral or academic
881	881	23 difficulties.
882	882	24 (i) A student may not be issued a monetary fine or fee as a
883	883	25 disciplinary consequence, though this shall not preclude
884	884	26 requiring a student to provide restitution for lost, stolen,
885	885
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895	895	1 or damaged property.
896	896	2 (j) Subsections (a) through (i) of this Section shall
897	897	3 apply to elementary and secondary schools, charter schools,
898	898	4 special charter districts, and school districts organized
899	899	5 under Article 34 of this Code.
900	900	6 (k) The expulsion of children enrolled in programs funded
901	901	7 under Section 1C-2 of this Code is subject to the requirements
902	902	8 under paragraph (7) of subsection (a) of Section 2-3.71 of
903	903	9 this Code.
904	904	10 (l) Beginning with the 2018-2019 school year, an in-school
905	905	11 suspension program provided by a school district for any
906	906	12 students in kindergarten through grade 12 may focus on
907	907	13 promoting non-violent conflict resolution and positive
908	908	14 interaction with other students and school personnel. A school
909	909	15 district may employ a school social worker or a licensed
910	910	16 mental health professional to oversee an in-school suspension
911	911	17 program in kindergarten through grade 12.
912	912	18 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
913	913	19 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
914	914	20 Section 95. No acceleration or delay. Where this Act makes
915	915	21 changes in a statute that is represented in this Act by text
916	916	22 that is not yet or no longer in effect (for example, a Section
917	917	23 represented by multiple versions), the use of that text does
918	918	24 not accelerate or delay the taking effect of (i) the changes
919	919	25 made by this Act or (ii) provisions derived from any other
920	920
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930	930	1 Public Act.
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