Illinois 2025-2026 Regular Session

Illinois House Bill HB2502 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.206 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately. LRB104 06246 LNS 16281 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.206 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/2-3.206 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12 Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately. LRB104 06246 LNS 16281 b LRB104 06246 LNS 16281 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/2-3.206 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/2-3.206 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
44 105 ILCS 5/2-3.206 new
55 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
66 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
77 105 ILCS 5/26-12 from Ch. 122, par. 26-12
88 Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately.
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1616 1 AN ACT concerning education.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 1. Findings and intent.
2020 5 (a) The General Assembly finds the following:
2121 6 (1) Public Act 99-456 prohibited schools from issuing
2222 7 monetary fines or fees as a disciplinary consequence.
2323 8 (2) Public Act 100-810 prohibited schools from
2424 9 referring truant minors to local public entities for the
2525 10 purpose of issuing fines or fees as punishment for truancy
2626 11 and required schools to document the provision of all
2727 12 appropriate and available supportive services before
2828 13 referring an individual having custody of a truant minor
2929 14 to a local public entity.
3030 15 (3) Thousands of students have been referred to
3131 16 municipalities for behaviors occurring on school grounds,
3232 17 during school-related events, or while taking school
3333 18 transportation.
3434 19 (4) Municipal tickets, citations, and ordinance
3535 20 violations disproportionately impact students of color and
3636 21 students with disabilities.
3737 22 (5) Municipal fines and fees associated with municipal
3838 23 tickets, citations, and ordinance violations create
3939 24 financial hardship for minors and their families.
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4343 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
4444 105 ILCS 5/2-3.206 new105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6105 ILCS 5/26-12 from Ch. 122, par. 26-12 105 ILCS 5/2-3.206 new 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 105 ILCS 5/26-12 from Ch. 122, par. 26-12
4545 105 ILCS 5/2-3.206 new
4646 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
4747 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
4848 105 ILCS 5/26-12 from Ch. 122, par. 26-12
4949 Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately.
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6161 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
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6363 105 ILCS 5/26-12 from Ch. 122, par. 26-12
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8686 1 (6) Municipal proceedings do not provide minors with
8787 2 sufficient due process, confidentiality, or record
8888 3 expungement protections.
8989 4 (7) In accordance with federal law and regulations,
9090 5 Illinois schools provide data to the Civil Rights Data
9191 6 Collection required by the Office for Civil Rights of the
9292 7 U.S. Department of Education, including data on referrals
9393 8 to law enforcement, and which disaggregates referrals
9494 9 resulting in arrests, but does not disaggregate referrals
9595 10 resulting in a municipal ticket, citation, or ordinance
9696 11 violation.
9797 12 (b) It is the intent of the General Assembly to learn more
9898 13 about the prevalence of student referrals to law enforcement,
9999 14 particularly those resulting in municipal tickets, citations,
100100 15 and ordinance violations for behaviors occurring on school
101101 16 grounds, during school-related events, or while taking school
102102 17 transportation. It is not the intent of the General Assembly
103103 18 to modify current school disciplinary responses provided in
104104 19 the School Code or responses to alleged delinquent or criminal
105105 20 conduct as set forth in the School Code, the Juvenile Court Act
106106 21 of 1987, or the Criminal Code of 2012.
107107 22 Section 5. The School Code is amended by adding Section
108108 23 2-3.206 and by changing Sections 10-20.14, 10-22.6, and 26-12
109109 24 as follows:
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120120 1 (105 ILCS 5/2-3.206 new)
121121 2 Sec. 2-3.206. Law enforcement referral report.
122122 3 (a) As used in this Section, "referral to law enforcement"
123123 4 means an action by which a student is reported to a law
124124 5 enforcement agency or official, including a school police
125125 6 unit, for an incident that occurred on school grounds, during
126126 7 school-related events or activities (whether in-person or
127127 8 virtual), or while taking school transportation, regardless of
128128 9 whether official action is taken. "Referral to law
129129 10 enforcement" includes citations, tickets, court referrals, and
130130 11 school-related arrests.
131131 12 (b) The State Board of Education shall require that each
132132 13 school district annually report, in a manner and method
133133 14 determined by the State Board, the number of students in
134134 15 kindergarten through grade 12 who were referred to a law
135135 16 enforcement agency or official and the number of instances of
136136 17 referrals to law enforcement that students in grades
137137 18 kindergarten through 12 received.
138138 19 (c) The data reported under subsection (b) shall be
139139 20 disaggregated by the result of the referral, such as a
140140 21 citation, ticket, court referral, or school-related arrest,
141141 22 incident type, race and ethnicity, sex, age, grade level,
142142 23 whether a student is an English learner, and disability.
143143 24 (d) On or before January 31, 2027 and on or before January
144144 25 31 of each subsequent year, the State Board of Education,
145145 26 through the State Superintendent of Education, shall prepare a
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156156 1 report on student referrals to law enforcement in all school
157157 2 districts in this State, including State-authorized charter
158158 3 schools. This report shall include data from all public
159159 4 schools within school districts, including district-authorized
160160 5 charter schools. This report must be posted on the Internet
161161 6 website of the State Board of Education. The report shall
162162 7 include data reported under subsection (b) and shall be
163163 8 disaggregated according to subsection (c).
164164 9 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
165165 10 Sec. 10-20.14. Student discipline policies; parent-teacher
166166 11 advisory committee.
167167 12 (a) To establish and maintain a parent-teacher advisory
168168 13 committee to develop with the school board or governing body
169169 14 of a charter school policy guidelines on student discipline,
170170 15 including school searches and bullying prevention as set forth
171171 16 in Section 27-23.7 of this Code. School authorities shall
172172 17 furnish a copy of the policy to the parents or guardian of each
173173 18 student within 15 days after the beginning of the school year,
174174 19 or within 15 days after starting classes for a student who
175175 20 transfers into the district during the school year, and the
176176 21 school board or governing body of a charter school shall
177177 22 require that a school inform its students of the contents of
178178 23 the policy. School boards and the governing bodies of charter
179179 24 schools, along with the parent-teacher advisory committee,
180180 25 must annually review their student discipline policies and the
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191191 1 implementation of those policies and any other factors related
192192 2 to the safety of their schools, students, and school
193193 3 personnel.
194194 4 (a-5) On or before September 15, 2016, each elementary and
195195 5 secondary school and charter school shall, at a minimum, adopt
196196 6 student discipline policies that fulfill the requirements set
197197 7 forth in this Section, subsections (a) and (b) of Section
198198 8 10-22.6 of this Code, Section 34-19 of this Code if
199199 9 applicable, and federal and State laws that provide special
200200 10 requirements for the discipline of students with disabilities.
201201 11 (b) The parent-teacher advisory committee in cooperation
202202 12 with local law enforcement agencies shall develop, with the
203203 13 school board, policy guideline procedures to establish and
204204 14 maintain a reciprocal reporting system between the school
205205 15 district and local law enforcement agencies regarding criminal
206206 16 and civil offenses committed by students. School districts are
207207 17 encouraged to create memoranda of understanding with local law
208208 18 enforcement agencies that clearly define law enforcement's
209209 19 role in schools, in accordance with Sections 2-3.206 and
210210 20 Section 10-22.6 of this Code. In consultation with
211211 21 stakeholders deemed appropriate by the State Board of
212212 22 Education, the State Board of Education shall draft and
213213 23 publish guidance for the development of reciprocal reporting
214214 24 systems in accordance with this Section on or before July 1,
215215 25 2025.
216216 26 (c) The parent-teacher advisory committee, in cooperation
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227227 1 with school bus personnel, shall develop, with the school
228228 2 board, policy guideline procedures to establish and maintain
229229 3 school bus safety procedures. These procedures shall be
230230 4 incorporated into the district's student discipline policy. In
231231 5 consultation with stakeholders deemed appropriate by the State
232232 6 Board of Education, the State Board of Education shall draft
233233 7 and publish guidance for school bus safety procedures in
234234 8 accordance with this Section on or before July 1, 2025.
235235 9 (d) As used in this subsection (d), "evidence-based
236236 10 intervention" means intervention that has demonstrated a
237237 11 statistically significant effect on improving student outcomes
238238 12 as documented in peer-reviewed scholarly journals.
239239 13 The school board, in consultation with the parent-teacher
240240 14 advisory committee and other community-based organizations,
241241 15 must include provisions in the student discipline policy to
242242 16 address students who have demonstrated behaviors that put them
243243 17 at risk for aggressive behavior, including without limitation
244244 18 bullying, as defined in the policy. These provisions must
245245 19 include procedures for notifying parents or legal guardians
246246 20 and intervention procedures based upon available
247247 21 community-based and district resources.
248248 22 In consultation with behavioral health experts, the State
249249 23 Board of Education shall draft and publish guidance for
250250 24 evidence-based intervention procedures, including examples, in
251251 25 accordance with this Section on or before July 1, 2025.
252252 26 (Source: P.A. 103-896, eff. 8-9-24.)
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263263 1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
264264 2 (Text of Section before amendment by P.A. 102-466)
265265 3 Sec. 10-22.6. Suspension or expulsion of students; school
266266 4 searches.
267267 5 (a) To expel students guilty of gross disobedience or
268268 6 misconduct, including gross disobedience or misconduct
269269 7 perpetuated by electronic means, pursuant to subsection (b-20)
270270 8 of this Section, and no action shall lie against them for such
271271 9 expulsion. Expulsion shall take place only after the parents
272272 10 have been requested to appear at a meeting of the board, or
273273 11 with a hearing officer appointed by it, to discuss their
274274 12 child's behavior. Such request shall be made by registered or
275275 13 certified mail and shall state the time, place and purpose of
276276 14 the meeting. The board, or a hearing officer appointed by it,
277277 15 at such meeting shall state the reasons for dismissal and the
278278 16 date on which the expulsion is to become effective. If a
279279 17 hearing officer is appointed by the board, the hearing officer
280280 18 shall report to the board a written summary of the evidence
281281 19 heard at the meeting and the board may take such action thereon
282282 20 as it finds appropriate. If the board acts to expel a student,
283283 21 the written expulsion decision shall detail the specific
284284 22 reasons why removing the student from the learning environment
285285 23 is in the best interest of the school. The expulsion decision
286286 24 shall also include a rationale as to the specific duration of
287287 25 the expulsion. An expelled student may be immediately
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298298 1 transferred to an alternative program in the manner provided
299299 2 in Article 13A or 13B of this Code. A student must not be
300300 3 denied transfer because of the expulsion, except in cases in
301301 4 which such transfer is deemed to cause a threat to the safety
302302 5 of students or staff in the alternative program.
303303 6 (b) To suspend or by policy to authorize the
304304 7 superintendent of the district or the principal, assistant
305305 8 principal, or dean of students of any school to suspend
306306 9 students guilty of gross disobedience or misconduct, or to
307307 10 suspend students guilty of gross disobedience or misconduct on
308308 11 the school bus from riding the school bus, pursuant to
309309 12 subsections (b-15) and (b-20) of this Section, and no action
310310 13 shall lie against them for such suspension. The board may by
311311 14 policy authorize the superintendent of the district or the
312312 15 principal, assistant principal, or dean of students of any
313313 16 school to suspend students guilty of such acts for a period not
314314 17 to exceed 10 school days. If a student is suspended due to
315315 18 gross disobedience or misconduct on a school bus, the board
316316 19 may suspend the student in excess of 10 school days for safety
317317 20 reasons.
318318 21 Any suspension shall be reported immediately to the
319319 22 parents or guardian of a student along with a full statement of
320320 23 the reasons for such suspension and a notice of their right to
321321 24 a review. The school board must be given a summary of the
322322 25 notice, including the reason for the suspension and the
323323 26 suspension length. Upon request of the parents or guardian,
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334334 1 the school board or a hearing officer appointed by it shall
335335 2 review such action of the superintendent or principal,
336336 3 assistant principal, or dean of students. At such review, the
337337 4 parents or guardian of the student may appear and discuss the
338338 5 suspension with the board or its hearing officer. If a hearing
339339 6 officer is appointed by the board, he shall report to the board
340340 7 a written summary of the evidence heard at the meeting. After
341341 8 its hearing or upon receipt of the written report of its
342342 9 hearing officer, the board may take such action as it finds
343343 10 appropriate. If a student is suspended pursuant to this
344344 11 subsection (b), the board shall, in the written suspension
345345 12 decision, detail the specific act of gross disobedience or
346346 13 misconduct resulting in the decision to suspend. The
347347 14 suspension decision shall also include a rationale as to the
348348 15 specific duration of the suspension.
349349 16 (b-5) Among the many possible disciplinary interventions
350350 17 and consequences available to school officials, school
351351 18 exclusions, such as out-of-school suspensions and expulsions,
352352 19 are the most serious. School officials shall limit the number
353353 20 and duration of expulsions and suspensions to the greatest
354354 21 extent practicable, and it is recommended that they use them
355355 22 only for legitimate educational purposes. To ensure that
356356 23 students are not excluded from school unnecessarily, it is
357357 24 recommended that school officials consider forms of
358358 25 non-exclusionary discipline prior to using out-of-school
359359 26 suspensions or expulsions.
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370370 1 (b-10) Unless otherwise required by federal law or this
371371 2 Code, school boards may not institute zero-tolerance policies
372372 3 by which school administrators are required to suspend or
373373 4 expel students for particular behaviors.
374374 5 (b-15) Out-of-school suspensions of 3 days or less may be
375375 6 used only if the student's continuing presence in school would
376376 7 pose a threat to school safety or a disruption to other
377377 8 students' learning opportunities. For purposes of this
378378 9 subsection (b-15), "threat to school safety or a disruption to
379379 10 other students' learning opportunities" shall be determined on
380380 11 a case-by-case basis by the school board or its designee.
381381 12 School officials shall make all reasonable efforts to resolve
382382 13 such threats, address such disruptions, and minimize the
383383 14 length of suspensions to the greatest extent practicable.
384384 15 (b-20) Unless otherwise required by this Code,
385385 16 out-of-school suspensions of longer than 3 days, expulsions,
386386 17 and disciplinary removals to alternative schools may be used
387387 18 only if other appropriate and available behavioral and
388388 19 disciplinary interventions have been exhausted and the
389389 20 student's continuing presence in school would either (i) pose
390390 21 a threat to the safety of other students, staff, or members of
391391 22 the school community or (ii) substantially disrupt, impede, or
392392 23 interfere with the operation of the school. For purposes of
393393 24 this subsection (b-20), "threat to the safety of other
394394 25 students, staff, or members of the school community" and
395395 26 "substantially disrupt, impede, or interfere with the
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406406 1 operation of the school" shall be determined on a case-by-case
407407 2 basis by school officials. For purposes of this subsection
408408 3 (b-20), the determination of whether "appropriate and
409409 4 available behavioral and disciplinary interventions have been
410410 5 exhausted" shall be made by school officials. School officials
411411 6 shall make all reasonable efforts to resolve such threats,
412412 7 address such disruptions, and minimize the length of student
413413 8 exclusions to the greatest extent practicable. Within the
414414 9 suspension decision described in subsection (b) of this
415415 10 Section or the expulsion decision described in subsection (a)
416416 11 of this Section, it shall be documented whether other
417417 12 interventions were attempted or whether it was determined that
418418 13 there were no other appropriate and available interventions.
419419 14 (b-25) Students who are suspended out-of-school for longer
420420 15 than 3 school days shall be provided appropriate and available
421421 16 support services during the period of their suspension. For
422422 17 purposes of this subsection (b-25), "appropriate and available
423423 18 support services" shall be determined by school authorities.
424424 19 Within the suspension decision described in subsection (b) of
425425 20 this Section, it shall be documented whether such services are
426426 21 to be provided or whether it was determined that there are no
427427 22 such appropriate and available services.
428428 23 A school district may refer students who are expelled to
429429 24 appropriate and available support services.
430430 25 A school district shall create a policy to facilitate the
431431 26 re-engagement of students who are suspended out-of-school,
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442442 1 expelled, or returning from an alternative school setting. In
443443 2 consultation with stakeholders deemed appropriate by the State
444444 3 Board of Education, the State Board of Education shall draft
445445 4 and publish guidance for the re-engagement of students who are
446446 5 suspended out-of-school, expelled, or returning from an
447447 6 alternative school setting in accordance with this Section and
448448 7 Section 13A-4 on or before July 1, 2025.
449449 8 (b-30) A school district shall create a policy by which
450450 9 suspended students, including those students suspended from
451451 10 the school bus who do not have alternate transportation to
452452 11 school, shall have the opportunity to make up work for
453453 12 equivalent academic credit. It shall be the responsibility of
454454 13 a student's parent or guardian to notify school officials that
455455 14 a student suspended from the school bus does not have
456456 15 alternate transportation to school.
457457 16 (c) A school board must invite a representative from a
458458 17 local mental health agency to consult with the board at the
459459 18 meeting whenever there is evidence that mental illness may be
460460 19 the cause of a student's expulsion or suspension.
461461 20 (c-5) School districts shall make reasonable efforts to
462462 21 provide ongoing professional development to all school
463463 22 personnel, school board members, and school resource officers,
464464 23 on the requirements of this Section and Section 10-20.14, the
465465 24 adverse consequences of school exclusion and justice-system
466466 25 involvement, effective classroom management strategies,
467467 26 culturally responsive discipline, trauma-responsive learning
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478478 1 environments, as defined in subsection (b) of Section 3-11,
479479 2 the appropriate and available supportive services for the
480480 3 promotion of student attendance and engagement, and
481481 4 developmentally appropriate disciplinary methods that promote
482482 5 positive and healthy school climates.
483483 6 (d) The board may expel a student for a definite period of
484484 7 time not to exceed 2 calendar years, as determined on a
485485 8 case-by-case basis. A student who is determined to have
486486 9 brought one of the following objects to school, any
487487 10 school-sponsored activity or event, or any activity or event
488488 11 that bears a reasonable relationship to school shall be
489489 12 expelled for a period of not less than one year:
490490 13 (1) A firearm. For the purposes of this Section,
491491 14 "firearm" means any gun, rifle, shotgun, weapon as defined
492492 15 by Section 921 of Title 18 of the United States Code,
493493 16 firearm as defined in Section 1.1 of the Firearm Owners
494494 17 Identification Card Act, or firearm as defined in Section
495495 18 24-1 of the Criminal Code of 2012. The expulsion period
496496 19 under this subdivision (1) may be modified by the
497497 20 superintendent, and the superintendent's determination may
498498 21 be modified by the board on a case-by-case basis.
499499 22 (2) A knife, brass knuckles or other knuckle weapon
500500 23 regardless of its composition, a billy club, or any other
501501 24 object if used or attempted to be used to cause bodily
502502 25 harm, including "look alikes" of any firearm as defined in
503503 26 subdivision (1) of this subsection (d). The expulsion
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514514 1 requirement under this subdivision (2) may be modified by
515515 2 the superintendent, and the superintendent's determination
516516 3 may be modified by the board on a case-by-case basis.
517517 4 Expulsion or suspension shall be construed in a manner
518518 5 consistent with the federal Individuals with Disabilities
519519 6 Education Act. A student who is subject to suspension or
520520 7 expulsion as provided in this Section may be eligible for a
521521 8 transfer to an alternative school program in accordance with
522522 9 Article 13A of the School Code.
523523 10 (d-5) The board may suspend or by regulation authorize the
524524 11 superintendent of the district or the principal, assistant
525525 12 principal, or dean of students of any school to suspend a
526526 13 student for a period not to exceed 10 school days or may expel
527527 14 a student for a definite period of time not to exceed 2
528528 15 calendar years, as determined on a case-by-case basis, if (i)
529529 16 that student has been determined to have made an explicit
530530 17 threat on an Internet website against a school employee, a
531531 18 student, or any school-related personnel, (ii) the Internet
532532 19 website through which the threat was made is a site that was
533533 20 accessible within the school at the time the threat was made or
534534 21 was available to third parties who worked or studied within
535535 22 the school grounds at the time the threat was made, and (iii)
536536 23 the threat could be reasonably interpreted as threatening to
537537 24 the safety and security of the threatened individual because
538538 25 of the individual's duties or employment status or status as a
539539 26 student inside the school.
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550550 1 (e) To maintain order and security in the schools, school
551551 2 authorities may inspect and search places and areas such as
552552 3 lockers, desks, parking lots, and other school property and
553553 4 equipment owned or controlled by the school, as well as
554554 5 personal effects left in those places and areas by students,
555555 6 without notice to or the consent of the student, and without a
556556 7 search warrant. As a matter of public policy, the General
557557 8 Assembly finds that students have no reasonable expectation of
558558 9 privacy in these places and areas or in their personal effects
559559 10 left in these places and areas. School authorities may request
560560 11 the assistance of law enforcement officials for the purpose of
561561 12 conducting inspections and searches of lockers, desks, parking
562562 13 lots, and other school property and equipment owned or
563563 14 controlled by the school for illegal drugs, weapons, or other
564564 15 illegal or dangerous substances or materials, including
565565 16 searches conducted through the use of specially trained dogs.
566566 17 If a search conducted in accordance with this Section produces
567567 18 evidence that the student has violated or is violating either
568568 19 the law, local ordinance, or the school's policies or rules,
569569 20 such evidence may be seized by school authorities, and
570570 21 disciplinary action may be taken. School authorities may also
571571 22 turn over such evidence to law enforcement authorities.
572572 23 (f) Suspension or expulsion may include suspension or
573573 24 expulsion from school and all school activities and a
574574 25 prohibition from being present on school grounds.
575575 26 (g) A school district may adopt a policy providing that if
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586586 1 a student is suspended or expelled for any reason from any
587587 2 public or private school in this or any other state, the
588588 3 student must complete the entire term of the suspension or
589589 4 expulsion in an alternative school program under Article 13A
590590 5 of this Code or an alternative learning opportunities program
591591 6 under Article 13B of this Code before being admitted into the
592592 7 school district if there is no threat to the safety of students
593593 8 or staff in the alternative program.
594594 9 (h) School officials shall not advise or encourage
595595 10 students to drop out voluntarily due to behavioral or academic
596596 11 difficulties.
597597 12 (i) In this subsection (i):
598598 13 "Municipal code violation" means the violation of a rule
599599 14 or regulation established by a local government authority,
600600 15 authorized by Section 1-2-1 of the Illinois Municipal Code.
601601 16 "School personnel" means a person who is employed by, who
602602 17 is on contract with, or who volunteers in a school district or
603603 18 charter school, including, but not limited to, a school
604604 19 administrator, school district administrator, teacher, school
605605 20 social worker, school counselor, school psychologist, school
606606 21 nurse, paraprofessional, speech-language pathologist,
607607 22 cafeteria worker, custodian, bus driver, school resource
608608 23 officer, or security guard.
609609 24 School personnel may not issue A student may not be issued
610610 25 a monetary fine, or fee, ticket, or citation for a municipal
611611 26 code violation as a disciplinary consequence, though this
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622622 1 shall not preclude requiring a student to provide restitution
623623 2 for lost, stolen, or damaged property. This subsection (i)
624624 3 does not modify school disciplinary responses under this
625625 4 Section or Section 10-20.14 of this Code that existed before
626626 5 the effective date of this amendatory Act of the 104th General
627627 6 Assembly or responses to alleged delinquent or criminal
628628 7 conduct set forth in this Code, Article V of the Juvenile Court
629629 8 Act of 1987, or the Criminal Code of 2012.
630630 9 (j) Subsections (a) through (i) of this Section shall
631631 10 apply to elementary and secondary schools, charter schools,
632632 11 special charter districts, and school districts organized
633633 12 under Article 34 of this Code.
634634 13 (k) The expulsion of students enrolled in programs funded
635635 14 under Section 1C-2 of this Code is subject to the requirements
636636 15 under paragraph (7) of subsection (a) of Section 2-3.71 of
637637 16 this Code.
638638 17 (l) An in-school suspension program provided by a school
639639 18 district for any students in kindergarten through grade 12 may
640640 19 focus on promoting non-violent conflict resolution and
641641 20 positive interaction with other students and school personnel.
642642 21 A school district may employ a school social worker or a
643643 22 licensed mental health professional to oversee an in-school
644644 23 suspension program in kindergarten through grade 12.
645645 24 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
646646 25 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
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657657 1 (Text of Section after amendment by P.A. 102-466)
658658 2 Sec. 10-22.6. Suspension or expulsion of students; school
659659 3 searches.
660660 4 (a) To expel students guilty of gross disobedience or
661661 5 misconduct, including gross disobedience or misconduct
662662 6 perpetuated by electronic means, pursuant to subsection (b-20)
663663 7 of this Section, and no action shall lie against them for such
664664 8 expulsion. Expulsion shall take place only after the parents
665665 9 or guardians have been requested to appear at a meeting of the
666666 10 board, or with a hearing officer appointed by it, to discuss
667667 11 their child's behavior. Such request shall be made by
668668 12 registered or certified mail and shall state the time, place
669669 13 and purpose of the meeting. The board, or a hearing officer
670670 14 appointed by it, at such meeting shall state the reasons for
671671 15 dismissal and the date on which the expulsion is to become
672672 16 effective. If a hearing officer is appointed by the board, the
673673 17 hearing officer shall report to the board a written summary of
674674 18 the evidence heard at the meeting and the board may take such
675675 19 action thereon as it finds appropriate. If the board acts to
676676 20 expel a student, the written expulsion decision shall detail
677677 21 the specific reasons why removing the student from the
678678 22 learning environment is in the best interest of the school.
679679 23 The expulsion decision shall also include a rationale as to
680680 24 the specific duration of the expulsion. An expelled student
681681 25 may be immediately transferred to an alternative program in
682682 26 the manner provided in Article 13A or 13B of this Code. A
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693693 1 student must not be denied transfer because of the expulsion,
694694 2 except in cases in which such transfer is deemed to cause a
695695 3 threat to the safety of students or staff in the alternative
696696 4 program.
697697 5 (b) To suspend or by policy to authorize the
698698 6 superintendent of the district or the principal, assistant
699699 7 principal, or dean of students of any school to suspend
700700 8 students guilty of gross disobedience or misconduct, or to
701701 9 suspend students guilty of gross disobedience or misconduct on
702702 10 the school bus from riding the school bus, pursuant to
703703 11 subsections (b-15) and (b-20) of this Section, and no action
704704 12 shall lie against them for such suspension. The board may by
705705 13 policy authorize the superintendent of the district or the
706706 14 principal, assistant principal, or dean of students of any
707707 15 school to suspend students guilty of such acts for a period not
708708 16 to exceed 10 school days. If a student is suspended due to
709709 17 gross disobedience or misconduct on a school bus, the board
710710 18 may suspend the student in excess of 10 school days for safety
711711 19 reasons.
712712 20 Any suspension shall be reported immediately to the
713713 21 parents or guardians of a student along with a full statement
714714 22 of the reasons for such suspension and a notice of their right
715715 23 to a review. The school board must be given a summary of the
716716 24 notice, including the reason for the suspension and the
717717 25 suspension length. Upon request of the parents or guardians,
718718 26 the school board or a hearing officer appointed by it shall
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729729 1 review such action of the superintendent or principal,
730730 2 assistant principal, or dean of students. At such review, the
731731 3 parents or guardians of the student may appear and discuss the
732732 4 suspension with the board or its hearing officer. If a hearing
733733 5 officer is appointed by the board, he shall report to the board
734734 6 a written summary of the evidence heard at the meeting. After
735735 7 its hearing or upon receipt of the written report of its
736736 8 hearing officer, the board may take such action as it finds
737737 9 appropriate. If a student is suspended pursuant to this
738738 10 subsection (b), the board shall, in the written suspension
739739 11 decision, detail the specific act of gross disobedience or
740740 12 misconduct resulting in the decision to suspend. The
741741 13 suspension decision shall also include a rationale as to the
742742 14 specific duration of the suspension.
743743 15 (b-5) Among the many possible disciplinary interventions
744744 16 and consequences available to school officials, school
745745 17 exclusions, such as out-of-school suspensions and expulsions,
746746 18 are the most serious. School officials shall limit the number
747747 19 and duration of expulsions and suspensions to the greatest
748748 20 extent practicable, and it is recommended that they use them
749749 21 only for legitimate educational purposes. To ensure that
750750 22 students are not excluded from school unnecessarily, it is
751751 23 recommended that school officials consider forms of
752752 24 non-exclusionary discipline prior to using out-of-school
753753 25 suspensions or expulsions.
754754 26 (b-10) Unless otherwise required by federal law or this
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765765 1 Code, school boards may not institute zero-tolerance policies
766766 2 by which school administrators are required to suspend or
767767 3 expel students for particular behaviors.
768768 4 (b-15) Out-of-school suspensions of 3 days or less may be
769769 5 used only if the student's continuing presence in school would
770770 6 pose a threat to school safety or a disruption to other
771771 7 students' learning opportunities. For purposes of this
772772 8 subsection (b-15), "threat to school safety or a disruption to
773773 9 other students' learning opportunities" shall be determined on
774774 10 a case-by-case basis by the school board or its designee.
775775 11 School officials shall make all reasonable efforts to resolve
776776 12 such threats, address such disruptions, and minimize the
777777 13 length of suspensions to the greatest extent practicable.
778778 14 (b-20) Unless otherwise required by this Code,
779779 15 out-of-school suspensions of longer than 3 days, expulsions,
780780 16 and disciplinary removals to alternative schools may be used
781781 17 only if other appropriate and available behavioral and
782782 18 disciplinary interventions have been exhausted and the
783783 19 student's continuing presence in school would either (i) pose
784784 20 a threat to the safety of other students, staff, or members of
785785 21 the school community or (ii) substantially disrupt, impede, or
786786 22 interfere with the operation of the school. For purposes of
787787 23 this subsection (b-20), "threat to the safety of other
788788 24 students, staff, or members of the school community" and
789789 25 "substantially disrupt, impede, or interfere with the
790790 26 operation of the school" shall be determined on a case-by-case
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801801 1 basis by school officials. For purposes of this subsection
802802 2 (b-20), the determination of whether "appropriate and
803803 3 available behavioral and disciplinary interventions have been
804804 4 exhausted" shall be made by school officials. School officials
805805 5 shall make all reasonable efforts to resolve such threats,
806806 6 address such disruptions, and minimize the length of student
807807 7 exclusions to the greatest extent practicable. Within the
808808 8 suspension decision described in subsection (b) of this
809809 9 Section or the expulsion decision described in subsection (a)
810810 10 of this Section, it shall be documented whether other
811811 11 interventions were attempted or whether it was determined that
812812 12 there were no other appropriate and available interventions.
813813 13 (b-25) Students who are suspended out-of-school for longer
814814 14 than 3 school days shall be provided appropriate and available
815815 15 support services during the period of their suspension. For
816816 16 purposes of this subsection (b-25), "appropriate and available
817817 17 support services" shall be determined by school authorities.
818818 18 Within the suspension decision described in subsection (b) of
819819 19 this Section, it shall be documented whether such services are
820820 20 to be provided or whether it was determined that there are no
821821 21 such appropriate and available services.
822822 22 A school district may refer students who are expelled to
823823 23 appropriate and available support services.
824824 24 A school district shall create a policy to facilitate the
825825 25 re-engagement of students who are suspended out-of-school,
826826 26 expelled, or returning from an alternative school setting. In
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837837 1 consultation with stakeholders deemed appropriate by the State
838838 2 Board of Education, the State Board of Education shall draft
839839 3 and publish guidance for the re-engagement of students who are
840840 4 suspended out-of-school, expelled, or returning from an
841841 5 alternative school setting in accordance with this Section and
842842 6 Section 13A-4 on or before July 1, 2025.
843843 7 (b-30) A school district shall create a policy by which
844844 8 suspended students, including those students suspended from
845845 9 the school bus who do not have alternate transportation to
846846 10 school, shall have the opportunity to make up work for
847847 11 equivalent academic credit. It shall be the responsibility of
848848 12 a student's parents or guardians to notify school officials
849849 13 that a student suspended from the school bus does not have
850850 14 alternate transportation to school.
851851 15 (b-35) In all suspension review hearings conducted under
852852 16 subsection (b) or expulsion hearings conducted under
853853 17 subsection (a), a student may disclose any factor to be
854854 18 considered in mitigation, including his or her status as a
855855 19 parent, expectant parent, or victim of domestic or sexual
856856 20 violence, as defined in Article 26A. A representative of the
857857 21 parent's or guardian's choice, or of the student's choice if
858858 22 emancipated, must be permitted to represent the student
859859 23 throughout the proceedings and to address the school board or
860860 24 its appointed hearing officer. With the approval of the
861861 25 student's parent or guardian, or of the student if
862862 26 emancipated, a support person must be permitted to accompany
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873873 1 the student to any disciplinary hearings or proceedings. The
874874 2 representative or support person must comply with any rules of
875875 3 the school district's hearing process. If the representative
876876 4 or support person violates the rules or engages in behavior or
877877 5 advocacy that harasses, abuses, or intimidates either party, a
878878 6 witness, or anyone else in attendance at the hearing, the
879879 7 representative or support person may be prohibited from
880880 8 further participation in the hearing or proceeding. A
881881 9 suspension or expulsion proceeding under this subsection
882882 10 (b-35) must be conducted independently from any ongoing
883883 11 criminal investigation or proceeding, and an absence of
884884 12 pending or possible criminal charges, criminal investigations,
885885 13 or proceedings may not be a factor in school disciplinary
886886 14 decisions.
887887 15 (b-40) During a suspension review hearing conducted under
888888 16 subsection (b) or an expulsion hearing conducted under
889889 17 subsection (a) that involves allegations of sexual violence by
890890 18 the student who is subject to discipline, neither the student
891891 19 nor his or her representative shall directly question nor have
892892 20 direct contact with the alleged victim. The student who is
893893 21 subject to discipline or his or her representative may, at the
894894 22 discretion and direction of the school board or its appointed
895895 23 hearing officer, suggest questions to be posed by the school
896896 24 board or its appointed hearing officer to the alleged victim.
897897 25 (c) A school board must invite a representative from a
898898 26 local mental health agency to consult with the board at the
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909909 1 meeting whenever there is evidence that mental illness may be
910910 2 the cause of a student's expulsion or suspension.
911911 3 (c-5) School districts shall make reasonable efforts to
912912 4 provide ongoing professional development to all school
913913 5 personnel, school board members, and school resource officers
914914 6 on the requirements of this Section and Section 10-20.14, the
915915 7 adverse consequences of school exclusion and justice-system
916916 8 involvement, effective classroom management strategies,
917917 9 culturally responsive discipline, trauma-responsive learning
918918 10 environments, as defined in subsection (b) of Section 3-11,
919919 11 the appropriate and available supportive services for the
920920 12 promotion of student attendance and engagement, and
921921 13 developmentally appropriate disciplinary methods that promote
922922 14 positive and healthy school climates.
923923 15 (d) The board may expel a student for a definite period of
924924 16 time not to exceed 2 calendar years, as determined on a
925925 17 case-by-case basis. A student who is determined to have
926926 18 brought one of the following objects to school, any
927927 19 school-sponsored activity or event, or any activity or event
928928 20 that bears a reasonable relationship to school shall be
929929 21 expelled for a period of not less than one year:
930930 22 (1) A firearm. For the purposes of this Section,
931931 23 "firearm" means any gun, rifle, shotgun, weapon as defined
932932 24 by Section 921 of Title 18 of the United States Code,
933933 25 firearm as defined in Section 1.1 of the Firearm Owners
934934 26 Identification Card Act, or firearm as defined in Section
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945945 1 24-1 of the Criminal Code of 2012. The expulsion period
946946 2 under this subdivision (1) may be modified by the
947947 3 superintendent, and the superintendent's determination may
948948 4 be modified by the board on a case-by-case basis.
949949 5 (2) A knife, brass knuckles or other knuckle weapon
950950 6 regardless of its composition, a billy club, or any other
951951 7 object if used or attempted to be used to cause bodily
952952 8 harm, including "look alikes" of any firearm as defined in
953953 9 subdivision (1) of this subsection (d). The expulsion
954954 10 requirement under this subdivision (2) may be modified by
955955 11 the superintendent, and the superintendent's determination
956956 12 may be modified by the board on a case-by-case basis.
957957 13 Expulsion or suspension shall be construed in a manner
958958 14 consistent with the federal Individuals with Disabilities
959959 15 Education Act. A student who is subject to suspension or
960960 16 expulsion as provided in this Section may be eligible for a
961961 17 transfer to an alternative school program in accordance with
962962 18 Article 13A of the School Code.
963963 19 (d-5) The board may suspend or by regulation authorize the
964964 20 superintendent of the district or the principal, assistant
965965 21 principal, or dean of students of any school to suspend a
966966 22 student for a period not to exceed 10 school days or may expel
967967 23 a student for a definite period of time not to exceed 2
968968 24 calendar years, as determined on a case-by-case basis, if (i)
969969 25 that student has been determined to have made an explicit
970970 26 threat on an Internet website against a school employee, a
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981981 1 student, or any school-related personnel, (ii) the Internet
982982 2 website through which the threat was made is a site that was
983983 3 accessible within the school at the time the threat was made or
984984 4 was available to third parties who worked or studied within
985985 5 the school grounds at the time the threat was made, and (iii)
986986 6 the threat could be reasonably interpreted as threatening to
987987 7 the safety and security of the threatened individual because
988988 8 of the individual's duties or employment status or status as a
989989 9 student inside the school.
990990 10 (e) To maintain order and security in the schools, school
991991 11 authorities may inspect and search places and areas such as
992992 12 lockers, desks, parking lots, and other school property and
993993 13 equipment owned or controlled by the school, as well as
994994 14 personal effects left in those places and areas by students,
995995 15 without notice to or the consent of the student, and without a
996996 16 search warrant. As a matter of public policy, the General
997997 17 Assembly finds that students have no reasonable expectation of
998998 18 privacy in these places and areas or in their personal effects
999999 19 left in these places and areas. School authorities may request
10001000 20 the assistance of law enforcement officials for the purpose of
10011001 21 conducting inspections and searches of lockers, desks, parking
10021002 22 lots, and other school property and equipment owned or
10031003 23 controlled by the school for illegal drugs, weapons, or other
10041004 24 illegal or dangerous substances or materials, including
10051005 25 searches conducted through the use of specially trained dogs.
10061006 26 If a search conducted in accordance with this Section produces
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10171017 1 evidence that the student has violated or is violating either
10181018 2 the law, local ordinance, or the school's policies or rules,
10191019 3 such evidence may be seized by school authorities, and
10201020 4 disciplinary action may be taken. School authorities may also
10211021 5 turn over such evidence to law enforcement authorities.
10221022 6 (f) Suspension or expulsion may include suspension or
10231023 7 expulsion from school and all school activities and a
10241024 8 prohibition from being present on school grounds.
10251025 9 (g) A school district may adopt a policy providing that if
10261026 10 a student is suspended or expelled for any reason from any
10271027 11 public or private school in this or any other state, the
10281028 12 student must complete the entire term of the suspension or
10291029 13 expulsion in an alternative school program under Article 13A
10301030 14 of this Code or an alternative learning opportunities program
10311031 15 under Article 13B of this Code before being admitted into the
10321032 16 school district if there is no threat to the safety of students
10331033 17 or staff in the alternative program. A school district that
10341034 18 adopts a policy under this subsection (g) must include a
10351035 19 provision allowing for consideration of any mitigating
10361036 20 factors, including, but not limited to, a student's status as
10371037 21 a parent, expectant parent, or victim of domestic or sexual
10381038 22 violence, as defined in Article 26A.
10391039 23 (h) School officials shall not advise or encourage
10401040 24 students to drop out voluntarily due to behavioral or academic
10411041 25 difficulties.
10421042 26 (i) In this subsection (i):
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10531053 1 "Municipal code violation" means the violation of a rule
10541054 2 or regulation established by a local government authority,
10551055 3 authorized by Section 1-2-1 of the Illinois Municipal Code.
10561056 4 "School personnel" means a person who is employed by, who
10571057 5 is on contract with, or who volunteers in a school district or
10581058 6 charter school, including, but not limited to, a school
10591059 7 administrator, school district administrator, teacher, school
10601060 8 social worker, school counselor, school psychologist, school
10611061 9 nurse, paraprofessional, speech-language pathologist,
10621062 10 cafeteria worker, custodian, bus driver, school resource
10631063 11 officer, or security guard.
10641064 12 School personnel may not issue A student may not be issued
10651065 13 a monetary fine, or fee, ticket, or citation for a municipal
10661066 14 code violation as a disciplinary consequence, though this
10671067 15 shall not preclude requiring a student to provide restitution
10681068 16 for lost, stolen, or damaged property. This subsection (i)
10691069 17 does not modify school disciplinary responses under this
10701070 18 Section or Section 10-20.14 of this Code that existed before
10711071 19 the effective date of this amendatory Act of the 104th General
10721072 20 Assembly or responses to alleged delinquent or criminal
10731073 21 conduct set forth in this Code, Article V of the Juvenile Court
10741074 22 Act of 1987, or the Criminal Code of 2012.
10751075 23 (j) Subsections (a) through (i) of this Section shall
10761076 24 apply to elementary and secondary schools, charter schools,
10771077 25 special charter districts, and school districts organized
10781078 26 under Article 34 of this Code.
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10891089 1 (k) Through June 30, 2026, the expulsion of students
10901090 2 enrolled in programs funded under Section 1C-2 of this Code is
10911091 3 subject to the requirements under paragraph (7) of subsection
10921092 4 (a) of Section 2-3.71 of this Code.
10931093 5 (k-5) On and after July 1, 2026, the expulsion of children
10941094 6 enrolled in programs funded under Section 15-25 of the
10951095 7 Department of Early Childhood Act is subject to the
10961096 8 requirements of paragraph (7) of subsection (a) of Section
10971097 9 15-30 of the Department of Early Childhood Act.
10981098 10 (l) An in-school suspension program provided by a school
10991099 11 district for any students in kindergarten through grade 12 may
11001100 12 focus on promoting non-violent conflict resolution and
11011101 13 positive interaction with other students and school personnel.
11021102 14 A school district may employ a school social worker or a
11031103 15 licensed mental health professional to oversee an in-school
11041104 16 suspension program in kindergarten through grade 12.
11051105 17 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
11061106 18 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
11071107 19 8-9-24; revised 9-25-24.)
11081108 20 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
11091109 21 Sec. 26-12. Punitive action.
11101110 22 (a) No punitive action, including out-of-school
11111111 23 suspensions, expulsions, or court action, shall be taken
11121112 24 against truant minors for such truancy unless appropriate and
11131113 25 available supportive services and other school resources have
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11241124 1 been provided to the student. Notwithstanding the provisions
11251125 2 of Section 10-22.6 of this Code, a truant minor may not be
11261126 3 expelled for nonattendance unless he or she has accrued 15
11271127 4 consecutive days of absences without valid cause and the
11281128 5 student cannot be located by the school district or the school
11291129 6 district has located the student but cannot, after exhausting
11301130 7 all available supportive services, compel the student to
11311131 8 return to school.
11321132 9 (b) School personnel A school district may not refer a
11331133 10 truant, chronic truant, or truant minor to any other local
11341134 11 public entity, as defined under Section 1-206 of the Local
11351135 12 Governmental and Governmental Employees Tort Immunity Act,
11361136 13 school resource officer, as defined in Section 10-20.68 of
11371137 14 this Code, or peace officer, as defined in Section 2-13 of the
11381138 15 Criminal Code of 2012, for that local public entity, school
11391139 16 resource officer, or peace officer to issue the child a fine or
11401140 17 a fee as punishment for his or her truancy.
11411141 18 (c) A school district may refer any person having custody
11421142 19 or control of a truant, chronic truant, or truant minor to any
11431143 20 other local public entity, as defined under Section 1-206 of
11441144 21 the Local Governmental and Governmental Employees Tort
11451145 22 Immunity Act, for that local public entity to issue the person
11461146 23 a fine or fee for the child's truancy only if the school
11471147 24 district's truant officer, regional office of education, or
11481148 25 intermediate service center has been notified of the truant
11491149 26 behavior and the school district, regional office of
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11601160 1 education, or intermediate service center has offered all
11611161 2 appropriate and available supportive services and other school
11621162 3 resources to the child. Before a school district may refer a
11631163 4 person having custody or control of a child to a municipality,
11641164 5 as defined under Section 1-1-2 of the Illinois Municipal Code,
11651165 6 the school district must provide the following appropriate and
11661166 7 available services:
11671167 8 (1) For any child who is a homeless child, as defined
11681168 9 under Section 1-5 of the Education for Homeless Children
11691169 10 Act, a meeting between the child, the person having
11701170 11 custody or control of the child, relevant school
11711171 12 personnel, and a homeless liaison to discuss any barriers
11721172 13 to the child's attendance due to the child's transitional
11731173 14 living situation and to construct a plan that removes
11741174 15 these barriers.
11751175 16 (2) For any child with a documented disability, a
11761176 17 meeting between the child, the person having custody or
11771177 18 control of the child, and relevant school personnel to
11781178 19 review the child's current needs and address the
11791179 20 appropriateness of the child's placement and services. For
11801180 21 any child subject to Article 14 of this Code, this meeting
11811181 22 shall be an individualized education program meeting and
11821182 23 shall include relevant members of the individualized
11831183 24 education program team. For any child with a disability
11841184 25 under Section 504 of the federal Rehabilitation Act of
11851185 26 1973 (29 U.S.C. 794), this meeting shall be a Section 504
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11961196 1 plan review and include relevant members of the Section
11971197 2 504 plan team.
11981198 3 (3) For any child currently being evaluated by a
11991199 4 school district for a disability or for whom the school
12001200 5 has a basis of knowledge that the child is a child with a
12011201 6 disability under 20 U.S.C. 1415(k)(5), the completion of
12021202 7 the evaluation and determination of the child's
12031203 8 eligibility for special education services.
12041204 9 (d) Before a school district may refer a person having
12051205 10 custody or control of a child to a local public entity under
12061206 11 this Section, the school district must document any
12071207 12 appropriate and available supportive services offered to the
12081208 13 child. In the event a meeting under this Section does not
12091209 14 occur, a school district must have documentation that it made
12101210 15 reasonable efforts to convene the meeting at a mutually
12111211 16 convenient time and date for the school district and the
12121212 17 person having custody or control of the child and, but for the
12131213 18 conduct of that person, the meeting would have occurred.
12141214 19 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
12151215 20 101-81, eff. 7-12-19.)
12161216 21 Section 95. No acceleration or delay. Where this Act makes
12171217 22 changes in a statute that is represented in this Act by text
12181218 23 that is not yet or no longer in effect (for example, a Section
12191219 24 represented by multiple versions), the use of that text does
12201220 25 not accelerate or delay the taking effect of (i) the changes
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12311231 1 made by this Act or (ii) provisions derived from any other
12321232 2 Public Act.
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