1 | 1 | | 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 |
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2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 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 |
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4 | 4 | | 105 ILCS 5/2-3.206 new |
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5 | 5 | | 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 |
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6 | 6 | | 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 |
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7 | 7 | | 105 ILCS 5/26-12 from Ch. 122, par. 26-12 |
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8 | 8 | | 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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9 | 9 | | LRB104 06246 LNS 16281 b LRB104 06246 LNS 16281 b |
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10 | 10 | | LRB104 06246 LNS 16281 b |
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11 | 11 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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12 | 12 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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13 | 13 | | A BILL FOR |
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14 | 14 | | HB2502LRB104 06246 LNS 16281 b HB2502 LRB104 06246 LNS 16281 b |
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15 | 15 | | HB2502 LRB104 06246 LNS 16281 b |
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16 | 16 | | 1 AN ACT concerning education. |
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17 | 17 | | 2 Be it enacted by the People of the State of Illinois, |
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18 | 18 | | 3 represented in the General Assembly: |
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19 | 19 | | 4 Section 1. Findings and intent. |
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20 | 20 | | 5 (a) The General Assembly finds the following: |
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21 | 21 | | 6 (1) Public Act 99-456 prohibited schools from issuing |
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22 | 22 | | 7 monetary fines or fees as a disciplinary consequence. |
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23 | 23 | | 8 (2) Public Act 100-810 prohibited schools from |
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24 | 24 | | 9 referring truant minors to local public entities for the |
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25 | 25 | | 10 purpose of issuing fines or fees as punishment for truancy |
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26 | 26 | | 11 and required schools to document the provision of all |
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27 | 27 | | 12 appropriate and available supportive services before |
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28 | 28 | | 13 referring an individual having custody of a truant minor |
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29 | 29 | | 14 to a local public entity. |
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30 | 30 | | 15 (3) Thousands of students have been referred to |
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31 | 31 | | 16 municipalities for behaviors occurring on school grounds, |
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32 | 32 | | 17 during school-related events, or while taking school |
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33 | 33 | | 18 transportation. |
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34 | 34 | | 19 (4) Municipal tickets, citations, and ordinance |
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35 | 35 | | 20 violations disproportionately impact students of color and |
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36 | 36 | | 21 students with disabilities. |
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37 | 37 | | 22 (5) Municipal fines and fees associated with municipal |
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38 | 38 | | 23 tickets, citations, and ordinance violations create |
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39 | 39 | | 24 financial hardship for minors and their families. |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2502 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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44 | 44 | | 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 |
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45 | 45 | | 105 ILCS 5/2-3.206 new |
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46 | 46 | | 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 |
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47 | 47 | | 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 |
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48 | 48 | | 105 ILCS 5/26-12 from Ch. 122, par. 26-12 |
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49 | 49 | | 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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50 | 50 | | LRB104 06246 LNS 16281 b LRB104 06246 LNS 16281 b |
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51 | 51 | | LRB104 06246 LNS 16281 b |
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52 | 52 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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53 | 53 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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54 | 54 | | A BILL FOR |
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55 | 55 | | |
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56 | 56 | | |
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57 | 57 | | |
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58 | 58 | | |
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59 | 59 | | |
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60 | 60 | | 105 ILCS 5/2-3.206 new |
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61 | 61 | | 105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14 |
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62 | 62 | | 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 |
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63 | 63 | | 105 ILCS 5/26-12 from Ch. 122, par. 26-12 |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | LRB104 06246 LNS 16281 b |
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68 | 68 | | |
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69 | 69 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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70 | 70 | | |
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80 | 80 | | |
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81 | 81 | | HB2502 LRB104 06246 LNS 16281 b |
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82 | 82 | | |
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83 | 83 | | |
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84 | 84 | | HB2502- 2 -LRB104 06246 LNS 16281 b HB2502 - 2 - LRB104 06246 LNS 16281 b |
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85 | 85 | | HB2502 - 2 - LRB104 06246 LNS 16281 b |
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86 | 86 | | 1 (6) Municipal proceedings do not provide minors with |
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87 | 87 | | 2 sufficient due process, confidentiality, or record |
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88 | 88 | | 3 expungement protections. |
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89 | 89 | | 4 (7) In accordance with federal law and regulations, |
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90 | 90 | | 5 Illinois schools provide data to the Civil Rights Data |
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91 | 91 | | 6 Collection required by the Office for Civil Rights of the |
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92 | 92 | | 7 U.S. Department of Education, including data on referrals |
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93 | 93 | | 8 to law enforcement, and which disaggregates referrals |
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94 | 94 | | 9 resulting in arrests, but does not disaggregate referrals |
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95 | 95 | | 10 resulting in a municipal ticket, citation, or ordinance |
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96 | 96 | | 11 violation. |
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97 | 97 | | 12 (b) It is the intent of the General Assembly to learn more |
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98 | 98 | | 13 about the prevalence of student referrals to law enforcement, |
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99 | 99 | | 14 particularly those resulting in municipal tickets, citations, |
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100 | 100 | | 15 and ordinance violations for behaviors occurring on school |
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101 | 101 | | 16 grounds, during school-related events, or while taking school |
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102 | 102 | | 17 transportation. It is not the intent of the General Assembly |
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103 | 103 | | 18 to modify current school disciplinary responses provided in |
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104 | 104 | | 19 the School Code or responses to alleged delinquent or criminal |
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105 | 105 | | 20 conduct as set forth in the School Code, the Juvenile Court Act |
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106 | 106 | | 21 of 1987, or the Criminal Code of 2012. |
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107 | 107 | | 22 Section 5. The School Code is amended by adding Section |
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108 | 108 | | 23 2-3.206 and by changing Sections 10-20.14, 10-22.6, and 26-12 |
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109 | 109 | | 24 as follows: |
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110 | 110 | | |
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111 | 111 | | |
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112 | 112 | | |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | HB2502 - 2 - LRB104 06246 LNS 16281 b |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | HB2502- 3 -LRB104 06246 LNS 16281 b HB2502 - 3 - LRB104 06246 LNS 16281 b |
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119 | 119 | | HB2502 - 3 - LRB104 06246 LNS 16281 b |
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120 | 120 | | 1 (105 ILCS 5/2-3.206 new) |
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121 | 121 | | 2 Sec. 2-3.206. Law enforcement referral report. |
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122 | 122 | | 3 (a) As used in this Section, "referral to law enforcement" |
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123 | 123 | | 4 means an action by which a student is reported to a law |
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124 | 124 | | 5 enforcement agency or official, including a school police |
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125 | 125 | | 6 unit, for an incident that occurred on school grounds, during |
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126 | 126 | | 7 school-related events or activities (whether in-person or |
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127 | 127 | | 8 virtual), or while taking school transportation, regardless of |
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128 | 128 | | 9 whether official action is taken. "Referral to law |
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129 | 129 | | 10 enforcement" includes citations, tickets, court referrals, and |
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130 | 130 | | 11 school-related arrests. |
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131 | 131 | | 12 (b) The State Board of Education shall require that each |
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132 | 132 | | 13 school district annually report, in a manner and method |
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133 | 133 | | 14 determined by the State Board, the number of students in |
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134 | 134 | | 15 kindergarten through grade 12 who were referred to a law |
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135 | 135 | | 16 enforcement agency or official and the number of instances of |
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136 | 136 | | 17 referrals to law enforcement that students in grades |
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137 | 137 | | 18 kindergarten through 12 received. |
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138 | 138 | | 19 (c) The data reported under subsection (b) shall be |
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139 | 139 | | 20 disaggregated by the result of the referral, such as a |
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140 | 140 | | 21 citation, ticket, court referral, or school-related arrest, |
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141 | 141 | | 22 incident type, race and ethnicity, sex, age, grade level, |
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142 | 142 | | 23 whether a student is an English learner, and disability. |
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143 | 143 | | 24 (d) On or before January 31, 2027 and on or before January |
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144 | 144 | | 25 31 of each subsequent year, the State Board of Education, |
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145 | 145 | | 26 through the State Superintendent of Education, shall prepare a |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | |
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149 | 149 | | |
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150 | 150 | | |
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151 | 151 | | HB2502 - 3 - LRB104 06246 LNS 16281 b |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | HB2502- 4 -LRB104 06246 LNS 16281 b HB2502 - 4 - LRB104 06246 LNS 16281 b |
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155 | 155 | | HB2502 - 4 - LRB104 06246 LNS 16281 b |
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156 | 156 | | 1 report on student referrals to law enforcement in all school |
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157 | 157 | | 2 districts in this State, including State-authorized charter |
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158 | 158 | | 3 schools. This report shall include data from all public |
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159 | 159 | | 4 schools within school districts, including district-authorized |
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160 | 160 | | 5 charter schools. This report must be posted on the Internet |
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161 | 161 | | 6 website of the State Board of Education. The report shall |
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162 | 162 | | 7 include data reported under subsection (b) and shall be |
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163 | 163 | | 8 disaggregated according to subsection (c). |
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164 | 164 | | 9 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) |
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165 | 165 | | 10 Sec. 10-20.14. Student discipline policies; parent-teacher |
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166 | 166 | | 11 advisory committee. |
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167 | 167 | | 12 (a) To establish and maintain a parent-teacher advisory |
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168 | 168 | | 13 committee to develop with the school board or governing body |
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169 | 169 | | 14 of a charter school policy guidelines on student discipline, |
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170 | 170 | | 15 including school searches and bullying prevention as set forth |
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171 | 171 | | 16 in Section 27-23.7 of this Code. School authorities shall |
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172 | 172 | | 17 furnish a copy of the policy to the parents or guardian of each |
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173 | 173 | | 18 student within 15 days after the beginning of the school year, |
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174 | 174 | | 19 or within 15 days after starting classes for a student who |
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175 | 175 | | 20 transfers into the district during the school year, and the |
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176 | 176 | | 21 school board or governing body of a charter school shall |
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177 | 177 | | 22 require that a school inform its students of the contents of |
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178 | 178 | | 23 the policy. School boards and the governing bodies of charter |
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179 | 179 | | 24 schools, along with the parent-teacher advisory committee, |
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180 | 180 | | 25 must annually review their student discipline policies and the |
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181 | 181 | | |
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182 | 182 | | |
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183 | 183 | | |
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184 | 184 | | |
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185 | 185 | | |
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186 | 186 | | HB2502 - 4 - LRB104 06246 LNS 16281 b |
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187 | 187 | | |
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188 | 188 | | |
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189 | 189 | | HB2502- 5 -LRB104 06246 LNS 16281 b HB2502 - 5 - LRB104 06246 LNS 16281 b |
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190 | 190 | | HB2502 - 5 - LRB104 06246 LNS 16281 b |
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191 | 191 | | 1 implementation of those policies and any other factors related |
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192 | 192 | | 2 to the safety of their schools, students, and school |
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193 | 193 | | 3 personnel. |
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194 | 194 | | 4 (a-5) On or before September 15, 2016, each elementary and |
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195 | 195 | | 5 secondary school and charter school shall, at a minimum, adopt |
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196 | 196 | | 6 student discipline policies that fulfill the requirements set |
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197 | 197 | | 7 forth in this Section, subsections (a) and (b) of Section |
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198 | 198 | | 8 10-22.6 of this Code, Section 34-19 of this Code if |
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199 | 199 | | 9 applicable, and federal and State laws that provide special |
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200 | 200 | | 10 requirements for the discipline of students with disabilities. |
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201 | 201 | | 11 (b) The parent-teacher advisory committee in cooperation |
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202 | 202 | | 12 with local law enforcement agencies shall develop, with the |
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203 | 203 | | 13 school board, policy guideline procedures to establish and |
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204 | 204 | | 14 maintain a reciprocal reporting system between the school |
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205 | 205 | | 15 district and local law enforcement agencies regarding criminal |
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206 | 206 | | 16 and civil offenses committed by students. School districts are |
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207 | 207 | | 17 encouraged to create memoranda of understanding with local law |
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208 | 208 | | 18 enforcement agencies that clearly define law enforcement's |
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209 | 209 | | 19 role in schools, in accordance with Sections 2-3.206 and |
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210 | 210 | | 20 Section 10-22.6 of this Code. In consultation with |
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211 | 211 | | 21 stakeholders deemed appropriate by the State Board of |
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212 | 212 | | 22 Education, the State Board of Education shall draft and |
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213 | 213 | | 23 publish guidance for the development of reciprocal reporting |
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214 | 214 | | 24 systems in accordance with this Section on or before July 1, |
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215 | 215 | | 25 2025. |
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216 | 216 | | 26 (c) The parent-teacher advisory committee, in cooperation |
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222 | 222 | | HB2502 - 5 - LRB104 06246 LNS 16281 b |
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225 | 225 | | HB2502- 6 -LRB104 06246 LNS 16281 b HB2502 - 6 - LRB104 06246 LNS 16281 b |
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226 | 226 | | HB2502 - 6 - LRB104 06246 LNS 16281 b |
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227 | 227 | | 1 with school bus personnel, shall develop, with the school |
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228 | 228 | | 2 board, policy guideline procedures to establish and maintain |
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229 | 229 | | 3 school bus safety procedures. These procedures shall be |
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230 | 230 | | 4 incorporated into the district's student discipline policy. In |
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231 | 231 | | 5 consultation with stakeholders deemed appropriate by the State |
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232 | 232 | | 6 Board of Education, the State Board of Education shall draft |
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233 | 233 | | 7 and publish guidance for school bus safety procedures in |
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234 | 234 | | 8 accordance with this Section on or before July 1, 2025. |
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235 | 235 | | 9 (d) As used in this subsection (d), "evidence-based |
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236 | 236 | | 10 intervention" means intervention that has demonstrated a |
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237 | 237 | | 11 statistically significant effect on improving student outcomes |
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238 | 238 | | 12 as documented in peer-reviewed scholarly journals. |
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239 | 239 | | 13 The school board, in consultation with the parent-teacher |
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240 | 240 | | 14 advisory committee and other community-based organizations, |
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241 | 241 | | 15 must include provisions in the student discipline policy to |
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242 | 242 | | 16 address students who have demonstrated behaviors that put them |
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243 | 243 | | 17 at risk for aggressive behavior, including without limitation |
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244 | 244 | | 18 bullying, as defined in the policy. These provisions must |
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245 | 245 | | 19 include procedures for notifying parents or legal guardians |
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246 | 246 | | 20 and intervention procedures based upon available |
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247 | 247 | | 21 community-based and district resources. |
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248 | 248 | | 22 In consultation with behavioral health experts, the State |
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249 | 249 | | 23 Board of Education shall draft and publish guidance for |
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250 | 250 | | 24 evidence-based intervention procedures, including examples, in |
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251 | 251 | | 25 accordance with this Section on or before July 1, 2025. |
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252 | 252 | | 26 (Source: P.A. 103-896, eff. 8-9-24.) |
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253 | 253 | | |
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257 | 257 | | |
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258 | 258 | | HB2502 - 6 - LRB104 06246 LNS 16281 b |
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260 | 260 | | |
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261 | 261 | | HB2502- 7 -LRB104 06246 LNS 16281 b HB2502 - 7 - LRB104 06246 LNS 16281 b |
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262 | 262 | | HB2502 - 7 - LRB104 06246 LNS 16281 b |
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263 | 263 | | 1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) |
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264 | 264 | | 2 (Text of Section before amendment by P.A. 102-466) |
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265 | 265 | | 3 Sec. 10-22.6. Suspension or expulsion of students; school |
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266 | 266 | | 4 searches. |
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267 | 267 | | 5 (a) To expel students guilty of gross disobedience or |
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268 | 268 | | 6 misconduct, including gross disobedience or misconduct |
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269 | 269 | | 7 perpetuated by electronic means, pursuant to subsection (b-20) |
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270 | 270 | | 8 of this Section, and no action shall lie against them for such |
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271 | 271 | | 9 expulsion. Expulsion shall take place only after the parents |
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272 | 272 | | 10 have been requested to appear at a meeting of the board, or |
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273 | 273 | | 11 with a hearing officer appointed by it, to discuss their |
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274 | 274 | | 12 child's behavior. Such request shall be made by registered or |
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275 | 275 | | 13 certified mail and shall state the time, place and purpose of |
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276 | 276 | | 14 the meeting. The board, or a hearing officer appointed by it, |
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277 | 277 | | 15 at such meeting shall state the reasons for dismissal and the |
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278 | 278 | | 16 date on which the expulsion is to become effective. If a |
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279 | 279 | | 17 hearing officer is appointed by the board, the hearing officer |
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280 | 280 | | 18 shall report to the board a written summary of the evidence |
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281 | 281 | | 19 heard at the meeting and the board may take such action thereon |
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282 | 282 | | 20 as it finds appropriate. If the board acts to expel a student, |
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283 | 283 | | 21 the written expulsion decision shall detail the specific |
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284 | 284 | | 22 reasons why removing the student from the learning environment |
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285 | 285 | | 23 is in the best interest of the school. The expulsion decision |
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286 | 286 | | 24 shall also include a rationale as to the specific duration of |
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287 | 287 | | 25 the expulsion. An expelled student may be immediately |
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288 | 288 | | |
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289 | 289 | | |
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290 | 290 | | |
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292 | 292 | | |
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293 | 293 | | HB2502 - 7 - LRB104 06246 LNS 16281 b |
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295 | 295 | | |
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296 | 296 | | HB2502- 8 -LRB104 06246 LNS 16281 b HB2502 - 8 - LRB104 06246 LNS 16281 b |
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297 | 297 | | HB2502 - 8 - LRB104 06246 LNS 16281 b |
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298 | 298 | | 1 transferred to an alternative program in the manner provided |
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299 | 299 | | 2 in Article 13A or 13B of this Code. A student must not be |
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300 | 300 | | 3 denied transfer because of the expulsion, except in cases in |
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301 | 301 | | 4 which such transfer is deemed to cause a threat to the safety |
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302 | 302 | | 5 of students or staff in the alternative program. |
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303 | 303 | | 6 (b) To suspend or by policy to authorize the |
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304 | 304 | | 7 superintendent of the district or the principal, assistant |
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305 | 305 | | 8 principal, or dean of students of any school to suspend |
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306 | 306 | | 9 students guilty of gross disobedience or misconduct, or to |
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307 | 307 | | 10 suspend students guilty of gross disobedience or misconduct on |
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308 | 308 | | 11 the school bus from riding the school bus, pursuant to |
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309 | 309 | | 12 subsections (b-15) and (b-20) of this Section, and no action |
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310 | 310 | | 13 shall lie against them for such suspension. The board may by |
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311 | 311 | | 14 policy authorize the superintendent of the district or the |
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312 | 312 | | 15 principal, assistant principal, or dean of students of any |
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313 | 313 | | 16 school to suspend students guilty of such acts for a period not |
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314 | 314 | | 17 to exceed 10 school days. If a student is suspended due to |
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315 | 315 | | 18 gross disobedience or misconduct on a school bus, the board |
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316 | 316 | | 19 may suspend the student in excess of 10 school days for safety |
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317 | 317 | | 20 reasons. |
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318 | 318 | | 21 Any suspension shall be reported immediately to the |
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319 | 319 | | 22 parents or guardian of a student along with a full statement of |
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320 | 320 | | 23 the reasons for such suspension and a notice of their right to |
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321 | 321 | | 24 a review. The school board must be given a summary of the |
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322 | 322 | | 25 notice, including the reason for the suspension and the |
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323 | 323 | | 26 suspension length. Upon request of the parents or guardian, |
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324 | 324 | | |
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333 | 333 | | HB2502 - 9 - LRB104 06246 LNS 16281 b |
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334 | 334 | | 1 the school board or a hearing officer appointed by it shall |
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335 | 335 | | 2 review such action of the superintendent or principal, |
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336 | 336 | | 3 assistant principal, or dean of students. At such review, the |
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337 | 337 | | 4 parents or guardian of the student may appear and discuss the |
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338 | 338 | | 5 suspension with the board or its hearing officer. If a hearing |
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339 | 339 | | 6 officer is appointed by the board, he shall report to the board |
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340 | 340 | | 7 a written summary of the evidence heard at the meeting. After |
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341 | 341 | | 8 its hearing or upon receipt of the written report of its |
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342 | 342 | | 9 hearing officer, the board may take such action as it finds |
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343 | 343 | | 10 appropriate. If a student is suspended pursuant to this |
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344 | 344 | | 11 subsection (b), the board shall, in the written suspension |
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345 | 345 | | 12 decision, detail the specific act of gross disobedience or |
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346 | 346 | | 13 misconduct resulting in the decision to suspend. The |
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347 | 347 | | 14 suspension decision shall also include a rationale as to the |
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348 | 348 | | 15 specific duration of the suspension. |
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349 | 349 | | 16 (b-5) Among the many possible disciplinary interventions |
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350 | 350 | | 17 and consequences available to school officials, school |
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351 | 351 | | 18 exclusions, such as out-of-school suspensions and expulsions, |
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352 | 352 | | 19 are the most serious. School officials shall limit the number |
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353 | 353 | | 20 and duration of expulsions and suspensions to the greatest |
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354 | 354 | | 21 extent practicable, and it is recommended that they use them |
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355 | 355 | | 22 only for legitimate educational purposes. To ensure that |
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356 | 356 | | 23 students are not excluded from school unnecessarily, it is |
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357 | 357 | | 24 recommended that school officials consider forms of |
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358 | 358 | | 25 non-exclusionary discipline prior to using out-of-school |
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359 | 359 | | 26 suspensions or expulsions. |
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360 | 360 | | |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | |
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365 | 365 | | HB2502 - 9 - LRB104 06246 LNS 16281 b |
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369 | 369 | | HB2502 - 10 - LRB104 06246 LNS 16281 b |
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370 | 370 | | 1 (b-10) Unless otherwise required by federal law or this |
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371 | 371 | | 2 Code, school boards may not institute zero-tolerance policies |
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372 | 372 | | 3 by which school administrators are required to suspend or |
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373 | 373 | | 4 expel students for particular behaviors. |
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374 | 374 | | 5 (b-15) Out-of-school suspensions of 3 days or less may be |
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375 | 375 | | 6 used only if the student's continuing presence in school would |
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376 | 376 | | 7 pose a threat to school safety or a disruption to other |
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377 | 377 | | 8 students' learning opportunities. For purposes of this |
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378 | 378 | | 9 subsection (b-15), "threat to school safety or a disruption to |
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379 | 379 | | 10 other students' learning opportunities" shall be determined on |
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380 | 380 | | 11 a case-by-case basis by the school board or its designee. |
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381 | 381 | | 12 School officials shall make all reasonable efforts to resolve |
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382 | 382 | | 13 such threats, address such disruptions, and minimize the |
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383 | 383 | | 14 length of suspensions to the greatest extent practicable. |
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384 | 384 | | 15 (b-20) Unless otherwise required by this Code, |
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385 | 385 | | 16 out-of-school suspensions of longer than 3 days, expulsions, |
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386 | 386 | | 17 and disciplinary removals to alternative schools may be used |
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387 | 387 | | 18 only if other appropriate and available behavioral and |
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388 | 388 | | 19 disciplinary interventions have been exhausted and the |
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389 | 389 | | 20 student's continuing presence in school would either (i) pose |
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390 | 390 | | 21 a threat to the safety of other students, staff, or members of |
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391 | 391 | | 22 the school community or (ii) substantially disrupt, impede, or |
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392 | 392 | | 23 interfere with the operation of the school. For purposes of |
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393 | 393 | | 24 this subsection (b-20), "threat to the safety of other |
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394 | 394 | | 25 students, staff, or members of the school community" and |
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395 | 395 | | 26 "substantially disrupt, impede, or interfere with the |
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396 | 396 | | |
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397 | 397 | | |
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398 | 398 | | |
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399 | 399 | | |
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405 | 405 | | HB2502 - 11 - LRB104 06246 LNS 16281 b |
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406 | 406 | | 1 operation of the school" shall be determined on a case-by-case |
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407 | 407 | | 2 basis by school officials. For purposes of this subsection |
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408 | 408 | | 3 (b-20), the determination of whether "appropriate and |
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409 | 409 | | 4 available behavioral and disciplinary interventions have been |
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410 | 410 | | 5 exhausted" shall be made by school officials. School officials |
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411 | 411 | | 6 shall make all reasonable efforts to resolve such threats, |
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412 | 412 | | 7 address such disruptions, and minimize the length of student |
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413 | 413 | | 8 exclusions to the greatest extent practicable. Within the |
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414 | 414 | | 9 suspension decision described in subsection (b) of this |
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415 | 415 | | 10 Section or the expulsion decision described in subsection (a) |
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416 | 416 | | 11 of this Section, it shall be documented whether other |
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417 | 417 | | 12 interventions were attempted or whether it was determined that |
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418 | 418 | | 13 there were no other appropriate and available interventions. |
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419 | 419 | | 14 (b-25) Students who are suspended out-of-school for longer |
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420 | 420 | | 15 than 3 school days shall be provided appropriate and available |
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421 | 421 | | 16 support services during the period of their suspension. For |
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422 | 422 | | 17 purposes of this subsection (b-25), "appropriate and available |
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423 | 423 | | 18 support services" shall be determined by school authorities. |
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424 | 424 | | 19 Within the suspension decision described in subsection (b) of |
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425 | 425 | | 20 this Section, it shall be documented whether such services are |
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426 | 426 | | 21 to be provided or whether it was determined that there are no |
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427 | 427 | | 22 such appropriate and available services. |
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428 | 428 | | 23 A school district may refer students who are expelled to |
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429 | 429 | | 24 appropriate and available support services. |
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430 | 430 | | 25 A school district shall create a policy to facilitate the |
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431 | 431 | | 26 re-engagement of students who are suspended out-of-school, |
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432 | 432 | | |
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433 | 433 | | |
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434 | 434 | | |
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435 | 435 | | |
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436 | 436 | | |
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437 | 437 | | HB2502 - 11 - LRB104 06246 LNS 16281 b |
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440 | 440 | | HB2502- 12 -LRB104 06246 LNS 16281 b HB2502 - 12 - LRB104 06246 LNS 16281 b |
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441 | 441 | | HB2502 - 12 - LRB104 06246 LNS 16281 b |
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442 | 442 | | 1 expelled, or returning from an alternative school setting. In |
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443 | 443 | | 2 consultation with stakeholders deemed appropriate by the State |
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444 | 444 | | 3 Board of Education, the State Board of Education shall draft |
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445 | 445 | | 4 and publish guidance for the re-engagement of students who are |
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446 | 446 | | 5 suspended out-of-school, expelled, or returning from an |
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447 | 447 | | 6 alternative school setting in accordance with this Section and |
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448 | 448 | | 7 Section 13A-4 on or before July 1, 2025. |
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449 | 449 | | 8 (b-30) A school district shall create a policy by which |
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450 | 450 | | 9 suspended students, including those students suspended from |
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451 | 451 | | 10 the school bus who do not have alternate transportation to |
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452 | 452 | | 11 school, shall have the opportunity to make up work for |
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453 | 453 | | 12 equivalent academic credit. It shall be the responsibility of |
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454 | 454 | | 13 a student's parent or guardian to notify school officials that |
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455 | 455 | | 14 a student suspended from the school bus does not have |
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456 | 456 | | 15 alternate transportation to school. |
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457 | 457 | | 16 (c) A school board must invite a representative from a |
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458 | 458 | | 17 local mental health agency to consult with the board at the |
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459 | 459 | | 18 meeting whenever there is evidence that mental illness may be |
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460 | 460 | | 19 the cause of a student's expulsion or suspension. |
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461 | 461 | | 20 (c-5) School districts shall make reasonable efforts to |
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462 | 462 | | 21 provide ongoing professional development to all school |
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463 | 463 | | 22 personnel, school board members, and school resource officers, |
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464 | 464 | | 23 on the requirements of this Section and Section 10-20.14, the |
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465 | 465 | | 24 adverse consequences of school exclusion and justice-system |
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466 | 466 | | 25 involvement, effective classroom management strategies, |
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467 | 467 | | 26 culturally responsive discipline, trauma-responsive learning |
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468 | 468 | | |
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469 | 469 | | |
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470 | 470 | | |
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471 | 471 | | |
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472 | 472 | | |
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473 | 473 | | HB2502 - 12 - LRB104 06246 LNS 16281 b |
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475 | 475 | | |
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477 | 477 | | HB2502 - 13 - LRB104 06246 LNS 16281 b |
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478 | 478 | | 1 environments, as defined in subsection (b) of Section 3-11, |
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479 | 479 | | 2 the appropriate and available supportive services for the |
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480 | 480 | | 3 promotion of student attendance and engagement, and |
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481 | 481 | | 4 developmentally appropriate disciplinary methods that promote |
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482 | 482 | | 5 positive and healthy school climates. |
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483 | 483 | | 6 (d) The board may expel a student for a definite period of |
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484 | 484 | | 7 time not to exceed 2 calendar years, as determined on a |
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485 | 485 | | 8 case-by-case basis. A student who is determined to have |
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486 | 486 | | 9 brought one of the following objects to school, any |
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487 | 487 | | 10 school-sponsored activity or event, or any activity or event |
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488 | 488 | | 11 that bears a reasonable relationship to school shall be |
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489 | 489 | | 12 expelled for a period of not less than one year: |
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490 | 490 | | 13 (1) A firearm. For the purposes of this Section, |
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491 | 491 | | 14 "firearm" means any gun, rifle, shotgun, weapon as defined |
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492 | 492 | | 15 by Section 921 of Title 18 of the United States Code, |
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493 | 493 | | 16 firearm as defined in Section 1.1 of the Firearm Owners |
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494 | 494 | | 17 Identification Card Act, or firearm as defined in Section |
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495 | 495 | | 18 24-1 of the Criminal Code of 2012. The expulsion period |
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496 | 496 | | 19 under this subdivision (1) may be modified by the |
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497 | 497 | | 20 superintendent, and the superintendent's determination may |
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498 | 498 | | 21 be modified by the board on a case-by-case basis. |
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499 | 499 | | 22 (2) A knife, brass knuckles or other knuckle weapon |
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500 | 500 | | 23 regardless of its composition, a billy club, or any other |
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501 | 501 | | 24 object if used or attempted to be used to cause bodily |
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502 | 502 | | 25 harm, including "look alikes" of any firearm as defined in |
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503 | 503 | | 26 subdivision (1) of this subsection (d). The expulsion |
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504 | 504 | | |
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505 | 505 | | |
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506 | 506 | | |
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507 | 507 | | |
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508 | 508 | | |
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509 | 509 | | HB2502 - 13 - LRB104 06246 LNS 16281 b |
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511 | 511 | | |
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513 | 513 | | HB2502 - 14 - LRB104 06246 LNS 16281 b |
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514 | 514 | | 1 requirement under this subdivision (2) may be modified by |
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515 | 515 | | 2 the superintendent, and the superintendent's determination |
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516 | 516 | | 3 may be modified by the board on a case-by-case basis. |
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517 | 517 | | 4 Expulsion or suspension shall be construed in a manner |
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518 | 518 | | 5 consistent with the federal Individuals with Disabilities |
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519 | 519 | | 6 Education Act. A student who is subject to suspension or |
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520 | 520 | | 7 expulsion as provided in this Section may be eligible for a |
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521 | 521 | | 8 transfer to an alternative school program in accordance with |
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522 | 522 | | 9 Article 13A of the School Code. |
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523 | 523 | | 10 (d-5) The board may suspend or by regulation authorize the |
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524 | 524 | | 11 superintendent of the district or the principal, assistant |
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525 | 525 | | 12 principal, or dean of students of any school to suspend a |
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526 | 526 | | 13 student for a period not to exceed 10 school days or may expel |
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527 | 527 | | 14 a student for a definite period of time not to exceed 2 |
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528 | 528 | | 15 calendar years, as determined on a case-by-case basis, if (i) |
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529 | 529 | | 16 that student has been determined to have made an explicit |
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530 | 530 | | 17 threat on an Internet website against a school employee, a |
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531 | 531 | | 18 student, or any school-related personnel, (ii) the Internet |
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532 | 532 | | 19 website through which the threat was made is a site that was |
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533 | 533 | | 20 accessible within the school at the time the threat was made or |
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534 | 534 | | 21 was available to third parties who worked or studied within |
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535 | 535 | | 22 the school grounds at the time the threat was made, and (iii) |
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536 | 536 | | 23 the threat could be reasonably interpreted as threatening to |
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537 | 537 | | 24 the safety and security of the threatened individual because |
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538 | 538 | | 25 of the individual's duties or employment status or status as a |
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539 | 539 | | 26 student inside the school. |
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540 | 540 | | |
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541 | 541 | | |
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542 | 542 | | |
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543 | 543 | | |
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544 | 544 | | |
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550 | 550 | | 1 (e) To maintain order and security in the schools, school |
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551 | 551 | | 2 authorities may inspect and search places and areas such as |
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552 | 552 | | 3 lockers, desks, parking lots, and other school property and |
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553 | 553 | | 4 equipment owned or controlled by the school, as well as |
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554 | 554 | | 5 personal effects left in those places and areas by students, |
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555 | 555 | | 6 without notice to or the consent of the student, and without a |
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556 | 556 | | 7 search warrant. As a matter of public policy, the General |
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557 | 557 | | 8 Assembly finds that students have no reasonable expectation of |
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558 | 558 | | 9 privacy in these places and areas or in their personal effects |
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559 | 559 | | 10 left in these places and areas. School authorities may request |
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560 | 560 | | 11 the assistance of law enforcement officials for the purpose of |
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561 | 561 | | 12 conducting inspections and searches of lockers, desks, parking |
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562 | 562 | | 13 lots, and other school property and equipment owned or |
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563 | 563 | | 14 controlled by the school for illegal drugs, weapons, or other |
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564 | 564 | | 15 illegal or dangerous substances or materials, including |
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565 | 565 | | 16 searches conducted through the use of specially trained dogs. |
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566 | 566 | | 17 If a search conducted in accordance with this Section produces |
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567 | 567 | | 18 evidence that the student has violated or is violating either |
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568 | 568 | | 19 the law, local ordinance, or the school's policies or rules, |
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569 | 569 | | 20 such evidence may be seized by school authorities, and |
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570 | 570 | | 21 disciplinary action may be taken. School authorities may also |
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571 | 571 | | 22 turn over such evidence to law enforcement authorities. |
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572 | 572 | | 23 (f) Suspension or expulsion may include suspension or |
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573 | 573 | | 24 expulsion from school and all school activities and a |
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574 | 574 | | 25 prohibition from being present on school grounds. |
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575 | 575 | | 26 (g) A school district may adopt a policy providing that if |
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576 | 576 | | |
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577 | 577 | | |
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578 | 578 | | |
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579 | 579 | | |
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580 | 580 | | |
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586 | 586 | | 1 a student is suspended or expelled for any reason from any |
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587 | 587 | | 2 public or private school in this or any other state, the |
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588 | 588 | | 3 student must complete the entire term of the suspension or |
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589 | 589 | | 4 expulsion in an alternative school program under Article 13A |
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590 | 590 | | 5 of this Code or an alternative learning opportunities program |
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591 | 591 | | 6 under Article 13B of this Code before being admitted into the |
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592 | 592 | | 7 school district if there is no threat to the safety of students |
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593 | 593 | | 8 or staff in the alternative program. |
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594 | 594 | | 9 (h) School officials shall not advise or encourage |
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595 | 595 | | 10 students to drop out voluntarily due to behavioral or academic |
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596 | 596 | | 11 difficulties. |
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597 | 597 | | 12 (i) In this subsection (i): |
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598 | 598 | | 13 "Municipal code violation" means the violation of a rule |
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599 | 599 | | 14 or regulation established by a local government authority, |
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600 | 600 | | 15 authorized by Section 1-2-1 of the Illinois Municipal Code. |
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601 | 601 | | 16 "School personnel" means a person who is employed by, who |
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602 | 602 | | 17 is on contract with, or who volunteers in a school district or |
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603 | 603 | | 18 charter school, including, but not limited to, a school |
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604 | 604 | | 19 administrator, school district administrator, teacher, school |
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605 | 605 | | 20 social worker, school counselor, school psychologist, school |
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606 | 606 | | 21 nurse, paraprofessional, speech-language pathologist, |
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607 | 607 | | 22 cafeteria worker, custodian, bus driver, school resource |
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608 | 608 | | 23 officer, or security guard. |
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609 | 609 | | 24 School personnel may not issue A student may not be issued |
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610 | 610 | | 25 a monetary fine, or fee, ticket, or citation for a municipal |
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611 | 611 | | 26 code violation as a disciplinary consequence, though this |
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612 | 612 | | |
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613 | 613 | | |
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614 | 614 | | |
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615 | 615 | | |
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616 | 616 | | |
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622 | 622 | | 1 shall not preclude requiring a student to provide restitution |
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623 | 623 | | 2 for lost, stolen, or damaged property. This subsection (i) |
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624 | 624 | | 3 does not modify school disciplinary responses under this |
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625 | 625 | | 4 Section or Section 10-20.14 of this Code that existed before |
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626 | 626 | | 5 the effective date of this amendatory Act of the 104th General |
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627 | 627 | | 6 Assembly or responses to alleged delinquent or criminal |
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628 | 628 | | 7 conduct set forth in this Code, Article V of the Juvenile Court |
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629 | 629 | | 8 Act of 1987, or the Criminal Code of 2012. |
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630 | 630 | | 9 (j) Subsections (a) through (i) of this Section shall |
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631 | 631 | | 10 apply to elementary and secondary schools, charter schools, |
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632 | 632 | | 11 special charter districts, and school districts organized |
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633 | 633 | | 12 under Article 34 of this Code. |
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634 | 634 | | 13 (k) The expulsion of students enrolled in programs funded |
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635 | 635 | | 14 under Section 1C-2 of this Code is subject to the requirements |
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636 | 636 | | 15 under paragraph (7) of subsection (a) of Section 2-3.71 of |
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637 | 637 | | 16 this Code. |
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638 | 638 | | 17 (l) An in-school suspension program provided by a school |
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639 | 639 | | 18 district for any students in kindergarten through grade 12 may |
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640 | 640 | | 19 focus on promoting non-violent conflict resolution and |
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641 | 641 | | 20 positive interaction with other students and school personnel. |
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642 | 642 | | 21 A school district may employ a school social worker or a |
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643 | 643 | | 22 licensed mental health professional to oversee an in-school |
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644 | 644 | | 23 suspension program in kindergarten through grade 12. |
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645 | 645 | | 24 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; |
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646 | 646 | | 25 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.) |
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647 | 647 | | |
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648 | 648 | | |
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650 | 650 | | |
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656 | 656 | | HB2502 - 18 - LRB104 06246 LNS 16281 b |
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657 | 657 | | 1 (Text of Section after amendment by P.A. 102-466) |
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658 | 658 | | 2 Sec. 10-22.6. Suspension or expulsion of students; school |
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659 | 659 | | 3 searches. |
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660 | 660 | | 4 (a) To expel students guilty of gross disobedience or |
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661 | 661 | | 5 misconduct, including gross disobedience or misconduct |
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662 | 662 | | 6 perpetuated by electronic means, pursuant to subsection (b-20) |
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663 | 663 | | 7 of this Section, and no action shall lie against them for such |
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664 | 664 | | 8 expulsion. Expulsion shall take place only after the parents |
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665 | 665 | | 9 or guardians have been requested to appear at a meeting of the |
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666 | 666 | | 10 board, or with a hearing officer appointed by it, to discuss |
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667 | 667 | | 11 their child's behavior. Such request shall be made by |
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668 | 668 | | 12 registered or certified mail and shall state the time, place |
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669 | 669 | | 13 and purpose of the meeting. The board, or a hearing officer |
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670 | 670 | | 14 appointed by it, at such meeting shall state the reasons for |
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671 | 671 | | 15 dismissal and the date on which the expulsion is to become |
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672 | 672 | | 16 effective. If a hearing officer is appointed by the board, the |
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673 | 673 | | 17 hearing officer shall report to the board a written summary of |
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674 | 674 | | 18 the evidence heard at the meeting and the board may take such |
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675 | 675 | | 19 action thereon as it finds appropriate. If the board acts to |
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676 | 676 | | 20 expel a student, the written expulsion decision shall detail |
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677 | 677 | | 21 the specific reasons why removing the student from the |
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678 | 678 | | 22 learning environment is in the best interest of the school. |
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679 | 679 | | 23 The expulsion decision shall also include a rationale as to |
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680 | 680 | | 24 the specific duration of the expulsion. An expelled student |
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681 | 681 | | 25 may be immediately transferred to an alternative program in |
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682 | 682 | | 26 the manner provided in Article 13A or 13B of this Code. A |
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683 | 683 | | |
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684 | 684 | | |
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685 | 685 | | |
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686 | 686 | | |
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687 | 687 | | |
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688 | 688 | | HB2502 - 18 - LRB104 06246 LNS 16281 b |
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689 | 689 | | |
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690 | 690 | | |
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691 | 691 | | HB2502- 19 -LRB104 06246 LNS 16281 b HB2502 - 19 - LRB104 06246 LNS 16281 b |
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692 | 692 | | HB2502 - 19 - LRB104 06246 LNS 16281 b |
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693 | 693 | | 1 student must not be denied transfer because of the expulsion, |
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694 | 694 | | 2 except in cases in which such transfer is deemed to cause a |
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695 | 695 | | 3 threat to the safety of students or staff in the alternative |
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696 | 696 | | 4 program. |
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697 | 697 | | 5 (b) To suspend or by policy to authorize the |
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698 | 698 | | 6 superintendent of the district or the principal, assistant |
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699 | 699 | | 7 principal, or dean of students of any school to suspend |
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700 | 700 | | 8 students guilty of gross disobedience or misconduct, or to |
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701 | 701 | | 9 suspend students guilty of gross disobedience or misconduct on |
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702 | 702 | | 10 the school bus from riding the school bus, pursuant to |
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703 | 703 | | 11 subsections (b-15) and (b-20) of this Section, and no action |
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704 | 704 | | 12 shall lie against them for such suspension. The board may by |
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705 | 705 | | 13 policy authorize the superintendent of the district or the |
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706 | 706 | | 14 principal, assistant principal, or dean of students of any |
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707 | 707 | | 15 school to suspend students guilty of such acts for a period not |
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708 | 708 | | 16 to exceed 10 school days. If a student is suspended due to |
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709 | 709 | | 17 gross disobedience or misconduct on a school bus, the board |
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710 | 710 | | 18 may suspend the student in excess of 10 school days for safety |
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711 | 711 | | 19 reasons. |
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712 | 712 | | 20 Any suspension shall be reported immediately to the |
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713 | 713 | | 21 parents or guardians of a student along with a full statement |
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714 | 714 | | 22 of the reasons for such suspension and a notice of their right |
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715 | 715 | | 23 to a review. The school board must be given a summary of the |
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716 | 716 | | 24 notice, including the reason for the suspension and the |
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717 | 717 | | 25 suspension length. Upon request of the parents or guardians, |
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718 | 718 | | 26 the school board or a hearing officer appointed by it shall |
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719 | 719 | | |
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720 | 720 | | |
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721 | 721 | | |
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722 | 722 | | |
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723 | 723 | | |
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724 | 724 | | HB2502 - 19 - LRB104 06246 LNS 16281 b |
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725 | 725 | | |
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726 | 726 | | |
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727 | 727 | | HB2502- 20 -LRB104 06246 LNS 16281 b HB2502 - 20 - LRB104 06246 LNS 16281 b |
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728 | 728 | | HB2502 - 20 - LRB104 06246 LNS 16281 b |
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729 | 729 | | 1 review such action of the superintendent or principal, |
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730 | 730 | | 2 assistant principal, or dean of students. At such review, the |
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731 | 731 | | 3 parents or guardians of the student may appear and discuss the |
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732 | 732 | | 4 suspension with the board or its hearing officer. If a hearing |
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733 | 733 | | 5 officer is appointed by the board, he shall report to the board |
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734 | 734 | | 6 a written summary of the evidence heard at the meeting. After |
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735 | 735 | | 7 its hearing or upon receipt of the written report of its |
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736 | 736 | | 8 hearing officer, the board may take such action as it finds |
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737 | 737 | | 9 appropriate. If a student is suspended pursuant to this |
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738 | 738 | | 10 subsection (b), the board shall, in the written suspension |
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739 | 739 | | 11 decision, detail the specific act of gross disobedience or |
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740 | 740 | | 12 misconduct resulting in the decision to suspend. The |
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741 | 741 | | 13 suspension decision shall also include a rationale as to the |
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742 | 742 | | 14 specific duration of the suspension. |
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743 | 743 | | 15 (b-5) Among the many possible disciplinary interventions |
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744 | 744 | | 16 and consequences available to school officials, school |
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745 | 745 | | 17 exclusions, such as out-of-school suspensions and expulsions, |
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746 | 746 | | 18 are the most serious. School officials shall limit the number |
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747 | 747 | | 19 and duration of expulsions and suspensions to the greatest |
---|
748 | 748 | | 20 extent practicable, and it is recommended that they use them |
---|
749 | 749 | | 21 only for legitimate educational purposes. To ensure that |
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750 | 750 | | 22 students are not excluded from school unnecessarily, it is |
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751 | 751 | | 23 recommended that school officials consider forms of |
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752 | 752 | | 24 non-exclusionary discipline prior to using out-of-school |
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753 | 753 | | 25 suspensions or expulsions. |
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754 | 754 | | 26 (b-10) Unless otherwise required by federal law or this |
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755 | 755 | | |
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756 | 756 | | |
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757 | 757 | | |
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758 | 758 | | |
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759 | 759 | | |
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760 | 760 | | HB2502 - 20 - LRB104 06246 LNS 16281 b |
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761 | 761 | | |
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762 | 762 | | |
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763 | 763 | | HB2502- 21 -LRB104 06246 LNS 16281 b HB2502 - 21 - LRB104 06246 LNS 16281 b |
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764 | 764 | | HB2502 - 21 - LRB104 06246 LNS 16281 b |
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765 | 765 | | 1 Code, school boards may not institute zero-tolerance policies |
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766 | 766 | | 2 by which school administrators are required to suspend or |
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767 | 767 | | 3 expel students for particular behaviors. |
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768 | 768 | | 4 (b-15) Out-of-school suspensions of 3 days or less may be |
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769 | 769 | | 5 used only if the student's continuing presence in school would |
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770 | 770 | | 6 pose a threat to school safety or a disruption to other |
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771 | 771 | | 7 students' learning opportunities. For purposes of this |
---|
772 | 772 | | 8 subsection (b-15), "threat to school safety or a disruption to |
---|
773 | 773 | | 9 other students' learning opportunities" shall be determined on |
---|
774 | 774 | | 10 a case-by-case basis by the school board or its designee. |
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775 | 775 | | 11 School officials shall make all reasonable efforts to resolve |
---|
776 | 776 | | 12 such threats, address such disruptions, and minimize the |
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777 | 777 | | 13 length of suspensions to the greatest extent practicable. |
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778 | 778 | | 14 (b-20) Unless otherwise required by this Code, |
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779 | 779 | | 15 out-of-school suspensions of longer than 3 days, expulsions, |
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780 | 780 | | 16 and disciplinary removals to alternative schools may be used |
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781 | 781 | | 17 only if other appropriate and available behavioral and |
---|
782 | 782 | | 18 disciplinary interventions have been exhausted and the |
---|
783 | 783 | | 19 student's continuing presence in school would either (i) pose |
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784 | 784 | | 20 a threat to the safety of other students, staff, or members of |
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785 | 785 | | 21 the school community or (ii) substantially disrupt, impede, or |
---|
786 | 786 | | 22 interfere with the operation of the school. For purposes of |
---|
787 | 787 | | 23 this subsection (b-20), "threat to the safety of other |
---|
788 | 788 | | 24 students, staff, or members of the school community" and |
---|
789 | 789 | | 25 "substantially disrupt, impede, or interfere with the |
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790 | 790 | | 26 operation of the school" shall be determined on a case-by-case |
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791 | 791 | | |
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792 | 792 | | |
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793 | 793 | | |
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794 | 794 | | |
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795 | 795 | | |
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796 | 796 | | HB2502 - 21 - LRB104 06246 LNS 16281 b |
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797 | 797 | | |
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798 | 798 | | |
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799 | 799 | | HB2502- 22 -LRB104 06246 LNS 16281 b HB2502 - 22 - LRB104 06246 LNS 16281 b |
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800 | 800 | | HB2502 - 22 - LRB104 06246 LNS 16281 b |
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801 | 801 | | 1 basis by school officials. For purposes of this subsection |
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802 | 802 | | 2 (b-20), the determination of whether "appropriate and |
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803 | 803 | | 3 available behavioral and disciplinary interventions have been |
---|
804 | 804 | | 4 exhausted" shall be made by school officials. School officials |
---|
805 | 805 | | 5 shall make all reasonable efforts to resolve such threats, |
---|
806 | 806 | | 6 address such disruptions, and minimize the length of student |
---|
807 | 807 | | 7 exclusions to the greatest extent practicable. Within the |
---|
808 | 808 | | 8 suspension decision described in subsection (b) of this |
---|
809 | 809 | | 9 Section or the expulsion decision described in subsection (a) |
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810 | 810 | | 10 of this Section, it shall be documented whether other |
---|
811 | 811 | | 11 interventions were attempted or whether it was determined that |
---|
812 | 812 | | 12 there were no other appropriate and available interventions. |
---|
813 | 813 | | 13 (b-25) Students who are suspended out-of-school for longer |
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814 | 814 | | 14 than 3 school days shall be provided appropriate and available |
---|
815 | 815 | | 15 support services during the period of their suspension. For |
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816 | 816 | | 16 purposes of this subsection (b-25), "appropriate and available |
---|
817 | 817 | | 17 support services" shall be determined by school authorities. |
---|
818 | 818 | | 18 Within the suspension decision described in subsection (b) of |
---|
819 | 819 | | 19 this Section, it shall be documented whether such services are |
---|
820 | 820 | | 20 to be provided or whether it was determined that there are no |
---|
821 | 821 | | 21 such appropriate and available services. |
---|
822 | 822 | | 22 A school district may refer students who are expelled to |
---|
823 | 823 | | 23 appropriate and available support services. |
---|
824 | 824 | | 24 A school district shall create a policy to facilitate the |
---|
825 | 825 | | 25 re-engagement of students who are suspended out-of-school, |
---|
826 | 826 | | 26 expelled, or returning from an alternative school setting. In |
---|
827 | 827 | | |
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828 | 828 | | |
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829 | 829 | | |
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830 | 830 | | |
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831 | 831 | | |
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832 | 832 | | HB2502 - 22 - LRB104 06246 LNS 16281 b |
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833 | 833 | | |
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834 | 834 | | |
---|
835 | 835 | | HB2502- 23 -LRB104 06246 LNS 16281 b HB2502 - 23 - LRB104 06246 LNS 16281 b |
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836 | 836 | | HB2502 - 23 - LRB104 06246 LNS 16281 b |
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837 | 837 | | 1 consultation with stakeholders deemed appropriate by the State |
---|
838 | 838 | | 2 Board of Education, the State Board of Education shall draft |
---|
839 | 839 | | 3 and publish guidance for the re-engagement of students who are |
---|
840 | 840 | | 4 suspended out-of-school, expelled, or returning from an |
---|
841 | 841 | | 5 alternative school setting in accordance with this Section and |
---|
842 | 842 | | 6 Section 13A-4 on or before July 1, 2025. |
---|
843 | 843 | | 7 (b-30) A school district shall create a policy by which |
---|
844 | 844 | | 8 suspended students, including those students suspended from |
---|
845 | 845 | | 9 the school bus who do not have alternate transportation to |
---|
846 | 846 | | 10 school, shall have the opportunity to make up work for |
---|
847 | 847 | | 11 equivalent academic credit. It shall be the responsibility of |
---|
848 | 848 | | 12 a student's parents or guardians to notify school officials |
---|
849 | 849 | | 13 that a student suspended from the school bus does not have |
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850 | 850 | | 14 alternate transportation to school. |
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851 | 851 | | 15 (b-35) In all suspension review hearings conducted under |
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852 | 852 | | 16 subsection (b) or expulsion hearings conducted under |
---|
853 | 853 | | 17 subsection (a), a student may disclose any factor to be |
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854 | 854 | | 18 considered in mitigation, including his or her status as a |
---|
855 | 855 | | 19 parent, expectant parent, or victim of domestic or sexual |
---|
856 | 856 | | 20 violence, as defined in Article 26A. A representative of the |
---|
857 | 857 | | 21 parent's or guardian's choice, or of the student's choice if |
---|
858 | 858 | | 22 emancipated, must be permitted to represent the student |
---|
859 | 859 | | 23 throughout the proceedings and to address the school board or |
---|
860 | 860 | | 24 its appointed hearing officer. With the approval of the |
---|
861 | 861 | | 25 student's parent or guardian, or of the student if |
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862 | 862 | | 26 emancipated, a support person must be permitted to accompany |
---|
863 | 863 | | |
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864 | 864 | | |
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865 | 865 | | |
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866 | 866 | | |
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867 | 867 | | |
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868 | 868 | | HB2502 - 23 - LRB104 06246 LNS 16281 b |
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869 | 869 | | |
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870 | 870 | | |
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871 | 871 | | HB2502- 24 -LRB104 06246 LNS 16281 b HB2502 - 24 - LRB104 06246 LNS 16281 b |
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872 | 872 | | HB2502 - 24 - LRB104 06246 LNS 16281 b |
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873 | 873 | | 1 the student to any disciplinary hearings or proceedings. The |
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874 | 874 | | 2 representative or support person must comply with any rules of |
---|
875 | 875 | | 3 the school district's hearing process. If the representative |
---|
876 | 876 | | 4 or support person violates the rules or engages in behavior or |
---|
877 | 877 | | 5 advocacy that harasses, abuses, or intimidates either party, a |
---|
878 | 878 | | 6 witness, or anyone else in attendance at the hearing, the |
---|
879 | 879 | | 7 representative or support person may be prohibited from |
---|
880 | 880 | | 8 further participation in the hearing or proceeding. A |
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881 | 881 | | 9 suspension or expulsion proceeding under this subsection |
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882 | 882 | | 10 (b-35) must be conducted independently from any ongoing |
---|
883 | 883 | | 11 criminal investigation or proceeding, and an absence of |
---|
884 | 884 | | 12 pending or possible criminal charges, criminal investigations, |
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885 | 885 | | 13 or proceedings may not be a factor in school disciplinary |
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886 | 886 | | 14 decisions. |
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887 | 887 | | 15 (b-40) During a suspension review hearing conducted under |
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888 | 888 | | 16 subsection (b) or an expulsion hearing conducted under |
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889 | 889 | | 17 subsection (a) that involves allegations of sexual violence by |
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890 | 890 | | 18 the student who is subject to discipline, neither the student |
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891 | 891 | | 19 nor his or her representative shall directly question nor have |
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892 | 892 | | 20 direct contact with the alleged victim. The student who is |
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893 | 893 | | 21 subject to discipline or his or her representative may, at the |
---|
894 | 894 | | 22 discretion and direction of the school board or its appointed |
---|
895 | 895 | | 23 hearing officer, suggest questions to be posed by the school |
---|
896 | 896 | | 24 board or its appointed hearing officer to the alleged victim. |
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897 | 897 | | 25 (c) A school board must invite a representative from a |
---|
898 | 898 | | 26 local mental health agency to consult with the board at the |
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899 | 899 | | |
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900 | 900 | | |
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901 | 901 | | |
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902 | 902 | | |
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903 | 903 | | |
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904 | 904 | | HB2502 - 24 - LRB104 06246 LNS 16281 b |
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905 | 905 | | |
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906 | 906 | | |
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907 | 907 | | HB2502- 25 -LRB104 06246 LNS 16281 b HB2502 - 25 - LRB104 06246 LNS 16281 b |
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908 | 908 | | HB2502 - 25 - LRB104 06246 LNS 16281 b |
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909 | 909 | | 1 meeting whenever there is evidence that mental illness may be |
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910 | 910 | | 2 the cause of a student's expulsion or suspension. |
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911 | 911 | | 3 (c-5) School districts shall make reasonable efforts to |
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912 | 912 | | 4 provide ongoing professional development to all school |
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913 | 913 | | 5 personnel, school board members, and school resource officers |
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914 | 914 | | 6 on the requirements of this Section and Section 10-20.14, the |
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915 | 915 | | 7 adverse consequences of school exclusion and justice-system |
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916 | 916 | | 8 involvement, effective classroom management strategies, |
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917 | 917 | | 9 culturally responsive discipline, trauma-responsive learning |
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918 | 918 | | 10 environments, as defined in subsection (b) of Section 3-11, |
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919 | 919 | | 11 the appropriate and available supportive services for the |
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920 | 920 | | 12 promotion of student attendance and engagement, and |
---|
921 | 921 | | 13 developmentally appropriate disciplinary methods that promote |
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922 | 922 | | 14 positive and healthy school climates. |
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923 | 923 | | 15 (d) The board may expel a student for a definite period of |
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924 | 924 | | 16 time not to exceed 2 calendar years, as determined on a |
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925 | 925 | | 17 case-by-case basis. A student who is determined to have |
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926 | 926 | | 18 brought one of the following objects to school, any |
---|
927 | 927 | | 19 school-sponsored activity or event, or any activity or event |
---|
928 | 928 | | 20 that bears a reasonable relationship to school shall be |
---|
929 | 929 | | 21 expelled for a period of not less than one year: |
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930 | 930 | | 22 (1) A firearm. For the purposes of this Section, |
---|
931 | 931 | | 23 "firearm" means any gun, rifle, shotgun, weapon as defined |
---|
932 | 932 | | 24 by Section 921 of Title 18 of the United States Code, |
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933 | 933 | | 25 firearm as defined in Section 1.1 of the Firearm Owners |
---|
934 | 934 | | 26 Identification Card Act, or firearm as defined in Section |
---|
935 | 935 | | |
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936 | 936 | | |
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937 | 937 | | |
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938 | 938 | | |
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939 | 939 | | |
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940 | 940 | | HB2502 - 25 - LRB104 06246 LNS 16281 b |
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941 | 941 | | |
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942 | 942 | | |
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943 | 943 | | HB2502- 26 -LRB104 06246 LNS 16281 b HB2502 - 26 - LRB104 06246 LNS 16281 b |
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944 | 944 | | HB2502 - 26 - LRB104 06246 LNS 16281 b |
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945 | 945 | | 1 24-1 of the Criminal Code of 2012. The expulsion period |
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946 | 946 | | 2 under this subdivision (1) may be modified by the |
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947 | 947 | | 3 superintendent, and the superintendent's determination may |
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948 | 948 | | 4 be modified by the board on a case-by-case basis. |
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949 | 949 | | 5 (2) A knife, brass knuckles or other knuckle weapon |
---|
950 | 950 | | 6 regardless of its composition, a billy club, or any other |
---|
951 | 951 | | 7 object if used or attempted to be used to cause bodily |
---|
952 | 952 | | 8 harm, including "look alikes" of any firearm as defined in |
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953 | 953 | | 9 subdivision (1) of this subsection (d). The expulsion |
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954 | 954 | | 10 requirement under this subdivision (2) may be modified by |
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955 | 955 | | 11 the superintendent, and the superintendent's determination |
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956 | 956 | | 12 may be modified by the board on a case-by-case basis. |
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957 | 957 | | 13 Expulsion or suspension shall be construed in a manner |
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958 | 958 | | 14 consistent with the federal Individuals with Disabilities |
---|
959 | 959 | | 15 Education Act. A student who is subject to suspension or |
---|
960 | 960 | | 16 expulsion as provided in this Section may be eligible for a |
---|
961 | 961 | | 17 transfer to an alternative school program in accordance with |
---|
962 | 962 | | 18 Article 13A of the School Code. |
---|
963 | 963 | | 19 (d-5) The board may suspend or by regulation authorize the |
---|
964 | 964 | | 20 superintendent of the district or the principal, assistant |
---|
965 | 965 | | 21 principal, or dean of students of any school to suspend a |
---|
966 | 966 | | 22 student for a period not to exceed 10 school days or may expel |
---|
967 | 967 | | 23 a student for a definite period of time not to exceed 2 |
---|
968 | 968 | | 24 calendar years, as determined on a case-by-case basis, if (i) |
---|
969 | 969 | | 25 that student has been determined to have made an explicit |
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970 | 970 | | 26 threat on an Internet website against a school employee, a |
---|
971 | 971 | | |
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972 | 972 | | |
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973 | 973 | | |
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974 | 974 | | |
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975 | 975 | | |
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976 | 976 | | HB2502 - 26 - LRB104 06246 LNS 16281 b |
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977 | 977 | | |
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978 | 978 | | |
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979 | 979 | | HB2502- 27 -LRB104 06246 LNS 16281 b HB2502 - 27 - LRB104 06246 LNS 16281 b |
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980 | 980 | | HB2502 - 27 - LRB104 06246 LNS 16281 b |
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981 | 981 | | 1 student, or any school-related personnel, (ii) the Internet |
---|
982 | 982 | | 2 website through which the threat was made is a site that was |
---|
983 | 983 | | 3 accessible within the school at the time the threat was made or |
---|
984 | 984 | | 4 was available to third parties who worked or studied within |
---|
985 | 985 | | 5 the school grounds at the time the threat was made, and (iii) |
---|
986 | 986 | | 6 the threat could be reasonably interpreted as threatening to |
---|
987 | 987 | | 7 the safety and security of the threatened individual because |
---|
988 | 988 | | 8 of the individual's duties or employment status or status as a |
---|
989 | 989 | | 9 student inside the school. |
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990 | 990 | | 10 (e) To maintain order and security in the schools, school |
---|
991 | 991 | | 11 authorities may inspect and search places and areas such as |
---|
992 | 992 | | 12 lockers, desks, parking lots, and other school property and |
---|
993 | 993 | | 13 equipment owned or controlled by the school, as well as |
---|
994 | 994 | | 14 personal effects left in those places and areas by students, |
---|
995 | 995 | | 15 without notice to or the consent of the student, and without a |
---|
996 | 996 | | 16 search warrant. As a matter of public policy, the General |
---|
997 | 997 | | 17 Assembly finds that students have no reasonable expectation of |
---|
998 | 998 | | 18 privacy in these places and areas or in their personal effects |
---|
999 | 999 | | 19 left in these places and areas. School authorities may request |
---|
1000 | 1000 | | 20 the assistance of law enforcement officials for the purpose of |
---|
1001 | 1001 | | 21 conducting inspections and searches of lockers, desks, parking |
---|
1002 | 1002 | | 22 lots, and other school property and equipment owned or |
---|
1003 | 1003 | | 23 controlled by the school for illegal drugs, weapons, or other |
---|
1004 | 1004 | | 24 illegal or dangerous substances or materials, including |
---|
1005 | 1005 | | 25 searches conducted through the use of specially trained dogs. |
---|
1006 | 1006 | | 26 If a search conducted in accordance with this Section produces |
---|
1007 | 1007 | | |
---|
1008 | 1008 | | |
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1009 | 1009 | | |
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1010 | 1010 | | |
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1011 | 1011 | | |
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1012 | 1012 | | HB2502 - 27 - LRB104 06246 LNS 16281 b |
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1013 | 1013 | | |
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1014 | 1014 | | |
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1015 | 1015 | | HB2502- 28 -LRB104 06246 LNS 16281 b HB2502 - 28 - LRB104 06246 LNS 16281 b |
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1016 | 1016 | | HB2502 - 28 - LRB104 06246 LNS 16281 b |
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1017 | 1017 | | 1 evidence that the student has violated or is violating either |
---|
1018 | 1018 | | 2 the law, local ordinance, or the school's policies or rules, |
---|
1019 | 1019 | | 3 such evidence may be seized by school authorities, and |
---|
1020 | 1020 | | 4 disciplinary action may be taken. School authorities may also |
---|
1021 | 1021 | | 5 turn over such evidence to law enforcement authorities. |
---|
1022 | 1022 | | 6 (f) Suspension or expulsion may include suspension or |
---|
1023 | 1023 | | 7 expulsion from school and all school activities and a |
---|
1024 | 1024 | | 8 prohibition from being present on school grounds. |
---|
1025 | 1025 | | 9 (g) A school district may adopt a policy providing that if |
---|
1026 | 1026 | | 10 a student is suspended or expelled for any reason from any |
---|
1027 | 1027 | | 11 public or private school in this or any other state, the |
---|
1028 | 1028 | | 12 student must complete the entire term of the suspension or |
---|
1029 | 1029 | | 13 expulsion in an alternative school program under Article 13A |
---|
1030 | 1030 | | 14 of this Code or an alternative learning opportunities program |
---|
1031 | 1031 | | 15 under Article 13B of this Code before being admitted into the |
---|
1032 | 1032 | | 16 school district if there is no threat to the safety of students |
---|
1033 | 1033 | | 17 or staff in the alternative program. A school district that |
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1034 | 1034 | | 18 adopts a policy under this subsection (g) must include a |
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1035 | 1035 | | 19 provision allowing for consideration of any mitigating |
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1036 | 1036 | | 20 factors, including, but not limited to, a student's status as |
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1037 | 1037 | | 21 a parent, expectant parent, or victim of domestic or sexual |
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1038 | 1038 | | 22 violence, as defined in Article 26A. |
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1039 | 1039 | | 23 (h) School officials shall not advise or encourage |
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1040 | 1040 | | 24 students to drop out voluntarily due to behavioral or academic |
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1041 | 1041 | | 25 difficulties. |
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1042 | 1042 | | 26 (i) In this subsection (i): |
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1043 | 1043 | | |
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1044 | 1044 | | |
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1045 | 1045 | | |
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1046 | 1046 | | |
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1047 | 1047 | | |
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1048 | 1048 | | HB2502 - 28 - LRB104 06246 LNS 16281 b |
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1049 | 1049 | | |
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1050 | 1050 | | |
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1051 | 1051 | | HB2502- 29 -LRB104 06246 LNS 16281 b HB2502 - 29 - LRB104 06246 LNS 16281 b |
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1052 | 1052 | | HB2502 - 29 - LRB104 06246 LNS 16281 b |
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1053 | 1053 | | 1 "Municipal code violation" means the violation of a rule |
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1054 | 1054 | | 2 or regulation established by a local government authority, |
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1055 | 1055 | | 3 authorized by Section 1-2-1 of the Illinois Municipal Code. |
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1056 | 1056 | | 4 "School personnel" means a person who is employed by, who |
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1057 | 1057 | | 5 is on contract with, or who volunteers in a school district or |
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1058 | 1058 | | 6 charter school, including, but not limited to, a school |
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1059 | 1059 | | 7 administrator, school district administrator, teacher, school |
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1060 | 1060 | | 8 social worker, school counselor, school psychologist, school |
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1061 | 1061 | | 9 nurse, paraprofessional, speech-language pathologist, |
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1062 | 1062 | | 10 cafeteria worker, custodian, bus driver, school resource |
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1063 | 1063 | | 11 officer, or security guard. |
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1064 | 1064 | | 12 School personnel may not issue A student may not be issued |
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1065 | 1065 | | 13 a monetary fine, or fee, ticket, or citation for a municipal |
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1066 | 1066 | | 14 code violation as a disciplinary consequence, though this |
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1067 | 1067 | | 15 shall not preclude requiring a student to provide restitution |
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1068 | 1068 | | 16 for lost, stolen, or damaged property. This subsection (i) |
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1069 | 1069 | | 17 does not modify school disciplinary responses under this |
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1070 | 1070 | | 18 Section or Section 10-20.14 of this Code that existed before |
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1071 | 1071 | | 19 the effective date of this amendatory Act of the 104th General |
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1072 | 1072 | | 20 Assembly or responses to alleged delinquent or criminal |
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1073 | 1073 | | 21 conduct set forth in this Code, Article V of the Juvenile Court |
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1074 | 1074 | | 22 Act of 1987, or the Criminal Code of 2012. |
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1075 | 1075 | | 23 (j) Subsections (a) through (i) of this Section shall |
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1076 | 1076 | | 24 apply to elementary and secondary schools, charter schools, |
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1077 | 1077 | | 25 special charter districts, and school districts organized |
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1078 | 1078 | | 26 under Article 34 of this Code. |
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1079 | 1079 | | |
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1080 | 1080 | | |
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1081 | 1081 | | |
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1082 | 1082 | | |
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1083 | 1083 | | |
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1084 | 1084 | | HB2502 - 29 - LRB104 06246 LNS 16281 b |
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1085 | 1085 | | |
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1086 | 1086 | | |
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1087 | 1087 | | HB2502- 30 -LRB104 06246 LNS 16281 b HB2502 - 30 - LRB104 06246 LNS 16281 b |
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1088 | 1088 | | HB2502 - 30 - LRB104 06246 LNS 16281 b |
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1089 | 1089 | | 1 (k) Through June 30, 2026, the expulsion of students |
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1090 | 1090 | | 2 enrolled in programs funded under Section 1C-2 of this Code is |
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1091 | 1091 | | 3 subject to the requirements under paragraph (7) of subsection |
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1092 | 1092 | | 4 (a) of Section 2-3.71 of this Code. |
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1093 | 1093 | | 5 (k-5) On and after July 1, 2026, the expulsion of children |
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1094 | 1094 | | 6 enrolled in programs funded under Section 15-25 of the |
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1095 | 1095 | | 7 Department of Early Childhood Act is subject to the |
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1096 | 1096 | | 8 requirements of paragraph (7) of subsection (a) of Section |
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1097 | 1097 | | 9 15-30 of the Department of Early Childhood Act. |
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1098 | 1098 | | 10 (l) An in-school suspension program provided by a school |
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1099 | 1099 | | 11 district for any students in kindergarten through grade 12 may |
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1100 | 1100 | | 12 focus on promoting non-violent conflict resolution and |
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1101 | 1101 | | 13 positive interaction with other students and school personnel. |
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1102 | 1102 | | 14 A school district may employ a school social worker or a |
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1103 | 1103 | | 15 licensed mental health professional to oversee an in-school |
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1104 | 1104 | | 16 suspension program in kindergarten through grade 12. |
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1105 | 1105 | | 17 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; |
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1106 | 1106 | | 18 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. |
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1107 | 1107 | | 19 8-9-24; revised 9-25-24.) |
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1108 | 1108 | | 20 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) |
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1109 | 1109 | | 21 Sec. 26-12. Punitive action. |
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1110 | 1110 | | 22 (a) No punitive action, including out-of-school |
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1111 | 1111 | | 23 suspensions, expulsions, or court action, shall be taken |
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1112 | 1112 | | 24 against truant minors for such truancy unless appropriate and |
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1113 | 1113 | | 25 available supportive services and other school resources have |
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1114 | 1114 | | |
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1115 | 1115 | | |
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1116 | 1116 | | |
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1117 | 1117 | | |
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1118 | 1118 | | |
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1119 | 1119 | | HB2502 - 30 - LRB104 06246 LNS 16281 b |
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1120 | 1120 | | |
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1121 | 1121 | | |
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1122 | 1122 | | HB2502- 31 -LRB104 06246 LNS 16281 b HB2502 - 31 - LRB104 06246 LNS 16281 b |
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1123 | 1123 | | HB2502 - 31 - LRB104 06246 LNS 16281 b |
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1124 | 1124 | | 1 been provided to the student. Notwithstanding the provisions |
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1125 | 1125 | | 2 of Section 10-22.6 of this Code, a truant minor may not be |
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1126 | 1126 | | 3 expelled for nonattendance unless he or she has accrued 15 |
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1127 | 1127 | | 4 consecutive days of absences without valid cause and the |
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1128 | 1128 | | 5 student cannot be located by the school district or the school |
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1129 | 1129 | | 6 district has located the student but cannot, after exhausting |
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1130 | 1130 | | 7 all available supportive services, compel the student to |
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1131 | 1131 | | 8 return to school. |
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1132 | 1132 | | 9 (b) School personnel A school district may not refer a |
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1133 | 1133 | | 10 truant, chronic truant, or truant minor to any other local |
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1134 | 1134 | | 11 public entity, as defined under Section 1-206 of the Local |
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1135 | 1135 | | 12 Governmental and Governmental Employees Tort Immunity Act, |
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1136 | 1136 | | 13 school resource officer, as defined in Section 10-20.68 of |
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1137 | 1137 | | 14 this Code, or peace officer, as defined in Section 2-13 of the |
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1138 | 1138 | | 15 Criminal Code of 2012, for that local public entity, school |
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1139 | 1139 | | 16 resource officer, or peace officer to issue the child a fine or |
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1140 | 1140 | | 17 a fee as punishment for his or her truancy. |
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1141 | 1141 | | 18 (c) A school district may refer any person having custody |
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1142 | 1142 | | 19 or control of a truant, chronic truant, or truant minor to any |
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1143 | 1143 | | 20 other local public entity, as defined under Section 1-206 of |
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1144 | 1144 | | 21 the Local Governmental and Governmental Employees Tort |
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1145 | 1145 | | 22 Immunity Act, for that local public entity to issue the person |
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1146 | 1146 | | 23 a fine or fee for the child's truancy only if the school |
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1147 | 1147 | | 24 district's truant officer, regional office of education, or |
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1148 | 1148 | | 25 intermediate service center has been notified of the truant |
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1149 | 1149 | | 26 behavior and the school district, regional office of |
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1150 | 1150 | | |
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1151 | 1151 | | |
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1152 | 1152 | | |
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1153 | 1153 | | |
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1154 | 1154 | | |
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1155 | 1155 | | HB2502 - 31 - LRB104 06246 LNS 16281 b |
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1156 | 1156 | | |
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1157 | 1157 | | |
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1158 | 1158 | | HB2502- 32 -LRB104 06246 LNS 16281 b HB2502 - 32 - LRB104 06246 LNS 16281 b |
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1159 | 1159 | | HB2502 - 32 - LRB104 06246 LNS 16281 b |
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1160 | 1160 | | 1 education, or intermediate service center has offered all |
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1161 | 1161 | | 2 appropriate and available supportive services and other school |
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1162 | 1162 | | 3 resources to the child. Before a school district may refer a |
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1163 | 1163 | | 4 person having custody or control of a child to a municipality, |
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1164 | 1164 | | 5 as defined under Section 1-1-2 of the Illinois Municipal Code, |
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1165 | 1165 | | 6 the school district must provide the following appropriate and |
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1166 | 1166 | | 7 available services: |
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1167 | 1167 | | 8 (1) For any child who is a homeless child, as defined |
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1168 | 1168 | | 9 under Section 1-5 of the Education for Homeless Children |
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1169 | 1169 | | 10 Act, a meeting between the child, the person having |
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1170 | 1170 | | 11 custody or control of the child, relevant school |
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1171 | 1171 | | 12 personnel, and a homeless liaison to discuss any barriers |
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1172 | 1172 | | 13 to the child's attendance due to the child's transitional |
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1173 | 1173 | | 14 living situation and to construct a plan that removes |
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1174 | 1174 | | 15 these barriers. |
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1175 | 1175 | | 16 (2) For any child with a documented disability, a |
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1176 | 1176 | | 17 meeting between the child, the person having custody or |
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1177 | 1177 | | 18 control of the child, and relevant school personnel to |
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1178 | 1178 | | 19 review the child's current needs and address the |
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1179 | 1179 | | 20 appropriateness of the child's placement and services. For |
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1180 | 1180 | | 21 any child subject to Article 14 of this Code, this meeting |
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1181 | 1181 | | 22 shall be an individualized education program meeting and |
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1182 | 1182 | | 23 shall include relevant members of the individualized |
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1183 | 1183 | | 24 education program team. For any child with a disability |
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1184 | 1184 | | 25 under Section 504 of the federal Rehabilitation Act of |
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1185 | 1185 | | 26 1973 (29 U.S.C. 794), this meeting shall be a Section 504 |
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1186 | 1186 | | |
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1187 | 1187 | | |
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1188 | 1188 | | |
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1189 | 1189 | | |
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1190 | 1190 | | |
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1191 | 1191 | | HB2502 - 32 - LRB104 06246 LNS 16281 b |
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1192 | 1192 | | |
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1193 | 1193 | | |
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1194 | 1194 | | HB2502- 33 -LRB104 06246 LNS 16281 b HB2502 - 33 - LRB104 06246 LNS 16281 b |
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1195 | 1195 | | HB2502 - 33 - LRB104 06246 LNS 16281 b |
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1196 | 1196 | | 1 plan review and include relevant members of the Section |
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1197 | 1197 | | 2 504 plan team. |
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1198 | 1198 | | 3 (3) For any child currently being evaluated by a |
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1199 | 1199 | | 4 school district for a disability or for whom the school |
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1200 | 1200 | | 5 has a basis of knowledge that the child is a child with a |
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1201 | 1201 | | 6 disability under 20 U.S.C. 1415(k)(5), the completion of |
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1202 | 1202 | | 7 the evaluation and determination of the child's |
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1203 | 1203 | | 8 eligibility for special education services. |
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1204 | 1204 | | 9 (d) Before a school district may refer a person having |
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1205 | 1205 | | 10 custody or control of a child to a local public entity under |
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1206 | 1206 | | 11 this Section, the school district must document any |
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1207 | 1207 | | 12 appropriate and available supportive services offered to the |
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1208 | 1208 | | 13 child. In the event a meeting under this Section does not |
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1209 | 1209 | | 14 occur, a school district must have documentation that it made |
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1210 | 1210 | | 15 reasonable efforts to convene the meeting at a mutually |
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1211 | 1211 | | 16 convenient time and date for the school district and the |
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1212 | 1212 | | 17 person having custody or control of the child and, but for the |
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1213 | 1213 | | 18 conduct of that person, the meeting would have occurred. |
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1214 | 1214 | | 19 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; |
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1215 | 1215 | | 20 101-81, eff. 7-12-19.) |
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1216 | 1216 | | 21 Section 95. No acceleration or delay. Where this Act makes |
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1217 | 1217 | | 22 changes in a statute that is represented in this Act by text |
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1218 | 1218 | | 23 that is not yet or no longer in effect (for example, a Section |
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1219 | 1219 | | 24 represented by multiple versions), the use of that text does |
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1220 | 1220 | | 25 not accelerate or delay the taking effect of (i) the changes |
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1221 | 1221 | | |
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1222 | 1222 | | |
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1223 | 1223 | | |
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1224 | 1224 | | |
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1225 | 1225 | | |
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1226 | 1226 | | HB2502 - 33 - LRB104 06246 LNS 16281 b |
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1227 | 1227 | | |
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1228 | 1228 | | |
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1229 | 1229 | | HB2502- 34 -LRB104 06246 LNS 16281 b HB2502 - 34 - LRB104 06246 LNS 16281 b |
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1230 | 1230 | | HB2502 - 34 - LRB104 06246 LNS 16281 b |
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1231 | 1231 | | 1 made by this Act or (ii) provisions derived from any other |
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1232 | 1232 | | 2 Public Act. |
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1233 | 1233 | | |
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1234 | 1234 | | |
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1235 | 1235 | | |
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1236 | 1236 | | |
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1237 | 1237 | | |
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1238 | 1238 | | HB2502 - 34 - LRB104 06246 LNS 16281 b |
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