104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1519 Introduced 2/4/2025, by Sen. Karina Villa 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 06247 LNS 16282 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1519 Introduced 2/4/2025, by Sen. Karina Villa 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 06247 LNS 16282 b LRB104 06247 LNS 16282 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1519 Introduced 2/4/2025, by Sen. Karina Villa 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
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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Findings and intent.
5 (a) The General Assembly finds the following:
6 (1) Public Act 99-456 prohibited schools from issuing
7 monetary fines or fees as a disciplinary consequence.
8 (2) Public Act 100-810 prohibited schools from
9 referring truant minors to local public entities for the
10 purpose of issuing fines or fees as punishment for truancy
11 and required schools to document the provision of all
12 appropriate and available supportive services before
13 referring an individual having custody of a truant minor
14 to a local public entity.
15 (3) Thousands of students have been referred to
16 municipalities for behaviors occurring on school grounds,
17 during school-related events, or while taking school
18 transportation.
19 (4) Municipal tickets, citations, and ordinance
20 violations disproportionately impact students of color and
21 students with disabilities.
22 (5) Municipal fines and fees associated with municipal
23 tickets, citations, and ordinance violations create
24 financial hardship for minors and their families.
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1519 Introduced 2/4/2025, by Sen. Karina Villa 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
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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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1 (6) Municipal proceedings do not provide minors with
2 sufficient due process, confidentiality, or record
3 expungement protections.
4 (7) In accordance with federal law and regulations,
5 Illinois schools provide data to the Civil Rights Data
6 Collection required by the Office for Civil Rights of the
7 U.S. Department of Education, including data on referrals
8 to law enforcement, and which disaggregates referrals
9 resulting in arrests, but does not disaggregate referrals
10 resulting in a municipal ticket, citation, or ordinance
11 violation.
12 (b) It is the intent of the General Assembly to learn more
13 about the prevalence of student referrals to law enforcement,
14 particularly those resulting in municipal tickets, citations,
15 and ordinance violations for behaviors occurring on school
16 grounds, during school-related events, or while taking school
17 transportation. It is not the intent of the General Assembly
18 to modify current school disciplinary responses provided in
19 the School Code or responses to alleged delinquent or criminal
20 conduct as set forth in the School Code, the Juvenile Court Act
21 of 1987, or the Criminal Code of 2012.
22 Section 5. The School Code is amended by adding Section
23 2-3.206 and by changing Sections 10-20.14, 10-22.6, and 26-12
24 as follows:
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1 (105 ILCS 5/2-3.206 new)
2 Sec. 2-3.206. Law enforcement referral report.
3 (a) As used in this Section, "referral to law enforcement"
4 means an action by which a student is reported to a law
5 enforcement agency or official, including a school police
6 unit, for an incident that occurred on school grounds, during
7 school-related events or activities (whether in-person or
8 virtual), or while taking school transportation, regardless of
9 whether official action is taken. "Referral to law
10 enforcement" includes citations, tickets, court referrals, and
11 school-related arrests.
12 (b) The State Board of Education shall require that each
13 school district annually report, in a manner and method
14 determined by the State Board, the number of students in
15 kindergarten through grade 12 who were referred to a law
16 enforcement agency or official and the number of instances of
17 referrals to law enforcement that students in grades
18 kindergarten through 12 received.
19 (c) The data reported under subsection (b) shall be
20 disaggregated by the result of the referral, such as a
21 citation, ticket, court referral, or school-related arrest,
22 incident type, race and ethnicity, sex, age, grade level,
23 whether a student is an English learner, and disability.
24 (d) On or before January 31, 2027 and on or before January
25 31 of each subsequent year, the State Board of Education,
26 through the State Superintendent of Education, shall prepare a
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1 report on student referrals to law enforcement in all school
2 districts in this State, including State-authorized charter
3 schools. This report shall include data from all public
4 schools within school districts, including district-authorized
5 charter schools. This report must be posted on the Internet
6 website of the State Board of Education. The report shall
7 include data reported under subsection (b) and shall be
8 disaggregated according to subsection (c).
9 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
10 Sec. 10-20.14. Student discipline policies; parent-teacher
11 advisory committee.
12 (a) To establish and maintain a parent-teacher advisory
13 committee to develop with the school board or governing body
14 of a charter school policy guidelines on student discipline,
15 including school searches and bullying prevention as set forth
16 in Section 27-23.7 of this Code. School authorities shall
17 furnish a copy of the policy to the parents or guardian of each
18 student within 15 days after the beginning of the school year,
19 or within 15 days after starting classes for a student who
20 transfers into the district during the school year, and the
21 school board or governing body of a charter school shall
22 require that a school inform its students of the contents of
23 the policy. School boards and the governing bodies of charter
24 schools, along with the parent-teacher advisory committee,
25 must annually review their student discipline policies and the
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1 implementation of those policies and any other factors related
2 to the safety of their schools, students, and school
3 personnel.
4 (a-5) On or before September 15, 2016, each elementary and
5 secondary school and charter school shall, at a minimum, adopt
6 student discipline policies that fulfill the requirements set
7 forth in this Section, subsections (a) and (b) of Section
8 10-22.6 of this Code, Section 34-19 of this Code if
9 applicable, and federal and State laws that provide special
10 requirements for the discipline of students with disabilities.
11 (b) The parent-teacher advisory committee in cooperation
12 with local law enforcement agencies shall develop, with the
13 school board, policy guideline procedures to establish and
14 maintain a reciprocal reporting system between the school
15 district and local law enforcement agencies regarding criminal
16 and civil offenses committed by students. School districts are
17 encouraged to create memoranda of understanding with local law
18 enforcement agencies that clearly define law enforcement's
19 role in schools, in accordance with Sections 2-3.206 and
20 Section 10-22.6 of this Code. In consultation with
21 stakeholders deemed appropriate by the State Board of
22 Education, the State Board of Education shall draft and
23 publish guidance for the development of reciprocal reporting
24 systems in accordance with this Section on or before July 1,
25 2025.
26 (c) The parent-teacher advisory committee, in cooperation
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1 with school bus personnel, shall develop, with the school
2 board, policy guideline procedures to establish and maintain
3 school bus safety procedures. These procedures shall be
4 incorporated into the district's student discipline policy. In
5 consultation with stakeholders deemed appropriate by the State
6 Board of Education, the State Board of Education shall draft
7 and publish guidance for school bus safety procedures in
8 accordance with this Section on or before July 1, 2025.
9 (d) As used in this subsection (d), "evidence-based
10 intervention" means intervention that has demonstrated a
11 statistically significant effect on improving student outcomes
12 as documented in peer-reviewed scholarly journals.
13 The school board, in consultation with the parent-teacher
14 advisory committee and other community-based organizations,
15 must include provisions in the student discipline policy to
16 address students who have demonstrated behaviors that put them
17 at risk for aggressive behavior, including without limitation
18 bullying, as defined in the policy. These provisions must
19 include procedures for notifying parents or legal guardians
20 and intervention procedures based upon available
21 community-based and district resources.
22 In consultation with behavioral health experts, the State
23 Board of Education shall draft and publish guidance for
24 evidence-based intervention procedures, including examples, in
25 accordance with this Section on or before July 1, 2025.
26 (Source: P.A. 103-896, eff. 8-9-24.)
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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
2 (Text of Section before amendment by P.A. 102-466)
3 Sec. 10-22.6. Suspension or expulsion of students; school
4 searches.
5 (a) To expel students guilty of gross disobedience or
6 misconduct, including gross disobedience or misconduct
7 perpetuated by electronic means, pursuant to subsection (b-20)
8 of this Section, and no action shall lie against them for such
9 expulsion. Expulsion shall take place only after the parents
10 have been requested to appear at a meeting of the board, or
11 with a hearing officer appointed by it, to discuss their
12 child's behavior. Such request shall be made by registered or
13 certified mail and shall state the time, place and purpose of
14 the meeting. The board, or a hearing officer appointed by it,
15 at such meeting shall state the reasons for dismissal and the
16 date on which the expulsion is to become effective. If a
17 hearing officer is appointed by the board, the hearing officer
18 shall report to the board a written summary of the evidence
19 heard at the meeting and the board may take such action thereon
20 as it finds appropriate. If the board acts to expel a student,
21 the written expulsion decision shall detail the specific
22 reasons why removing the student from the learning environment
23 is in the best interest of the school. The expulsion decision
24 shall also include a rationale as to the specific duration of
25 the expulsion. An expelled student may be immediately
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1 transferred to an alternative program in the manner provided
2 in Article 13A or 13B of this Code. A student must not be
3 denied transfer because of the expulsion, except in cases in
4 which such transfer is deemed to cause a threat to the safety
5 of students or staff in the alternative program.
6 (b) To suspend or by policy to authorize the
7 superintendent of the district or the principal, assistant
8 principal, or dean of students of any school to suspend
9 students guilty of gross disobedience or misconduct, or to
10 suspend students guilty of gross disobedience or misconduct on
11 the school bus from riding the school bus, pursuant to
12 subsections (b-15) and (b-20) of this Section, and no action
13 shall lie against them for such suspension. The board may by
14 policy authorize the superintendent of the district or the
15 principal, assistant principal, or dean of students of any
16 school to suspend students guilty of such acts for a period not
17 to exceed 10 school days. If a student is suspended due to
18 gross disobedience or misconduct on a school bus, the board
19 may suspend the student in excess of 10 school days for safety
20 reasons.
21 Any suspension shall be reported immediately to the
22 parents or guardian of a student along with a full statement of
23 the reasons for such suspension and a notice of their right to
24 a review. The school board must be given a summary of the
25 notice, including the reason for the suspension and the
26 suspension length. Upon request of the parents or guardian,
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1 the school board or a hearing officer appointed by it shall
2 review such action of the superintendent or principal,
3 assistant principal, or dean of students. At such review, the
4 parents or guardian of the student may appear and discuss the
5 suspension with the board or its hearing officer. If a hearing
6 officer is appointed by the board, he shall report to the board
7 a written summary of the evidence heard at the meeting. After
8 its hearing or upon receipt of the written report of its
9 hearing officer, the board may take such action as it finds
10 appropriate. If a student is suspended pursuant to this
11 subsection (b), the board shall, in the written suspension
12 decision, detail the specific act of gross disobedience or
13 misconduct resulting in the decision to suspend. The
14 suspension decision shall also include a rationale as to the
15 specific duration of the suspension.
16 (b-5) Among the many possible disciplinary interventions
17 and consequences available to school officials, school
18 exclusions, such as out-of-school suspensions and expulsions,
19 are the most serious. School officials shall limit the number
20 and duration of expulsions and suspensions to the greatest
21 extent practicable, and it is recommended that they use them
22 only for legitimate educational purposes. To ensure that
23 students are not excluded from school unnecessarily, it is
24 recommended that school officials consider forms of
25 non-exclusionary discipline prior to using out-of-school
26 suspensions or expulsions.
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1 (b-10) Unless otherwise required by federal law or this
2 Code, school boards may not institute zero-tolerance policies
3 by which school administrators are required to suspend or
4 expel students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be
6 used only if the student's continuing presence in school would
7 pose a threat to school safety or a disruption to other
8 students' learning opportunities. For purposes of this
9 subsection (b-15), "threat to school safety or a disruption to
10 other students' learning opportunities" shall be determined on
11 a case-by-case basis by the school board or its designee.
12 School officials shall make all reasonable efforts to resolve
13 such threats, address such disruptions, and minimize the
14 length of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code,
16 out-of-school suspensions of longer than 3 days, expulsions,
17 and disciplinary removals to alternative schools may be used
18 only if other appropriate and available behavioral and
19 disciplinary interventions have been exhausted and the
20 student's continuing presence in school would either (i) pose
21 a threat to the safety of other students, staff, or members of
22 the school community or (ii) substantially disrupt, impede, or
23 interfere with the operation of the school. For purposes of
24 this subsection (b-20), "threat to the safety of other
25 students, staff, or members of the school community" and
26 "substantially disrupt, impede, or interfere with the
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1 operation of the school" shall be determined on a case-by-case
2 basis by school officials. For purposes of this subsection
3 (b-20), the determination of whether "appropriate and
4 available behavioral and disciplinary interventions have been
5 exhausted" shall be made by school officials. School officials
6 shall make all reasonable efforts to resolve such threats,
7 address such disruptions, and minimize the length of student
8 exclusions to the greatest extent practicable. Within the
9 suspension decision described in subsection (b) of this
10 Section or the expulsion decision described in subsection (a)
11 of this Section, it shall be documented whether other
12 interventions were attempted or whether it was determined that
13 there were no other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer
15 than 3 school days shall be provided appropriate and available
16 support services during the period of their suspension. For
17 purposes of this subsection (b-25), "appropriate and available
18 support services" shall be determined by school authorities.
19 Within the suspension decision described in subsection (b) of
20 this Section, it shall be documented whether such services are
21 to be provided or whether it was determined that there are no
22 such appropriate and available services.
23 A school district may refer students who are expelled to
24 appropriate and available support services.
25 A school district shall create a policy to facilitate the
26 re-engagement of students who are suspended out-of-school,
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1 expelled, or returning from an alternative school setting. In
2 consultation with stakeholders deemed appropriate by the State
3 Board of Education, the State Board of Education shall draft
4 and publish guidance for the re-engagement of students who are
5 suspended out-of-school, expelled, or returning from an
6 alternative school setting in accordance with this Section and
7 Section 13A-4 on or before July 1, 2025.
8 (b-30) A school district shall create a policy by which
9 suspended students, including those students suspended from
10 the school bus who do not have alternate transportation to
11 school, shall have the opportunity to make up work for
12 equivalent academic credit. It shall be the responsibility of
13 a student's parent or guardian to notify school officials that
14 a student suspended from the school bus does not have
15 alternate transportation to school.
16 (c) A school board must invite a representative from a
17 local mental health agency to consult with the board at the
18 meeting whenever there is evidence that mental illness may be
19 the cause of a student's expulsion or suspension.
20 (c-5) School districts shall make reasonable efforts to
21 provide ongoing professional development to all school
22 personnel, school board members, and school resource officers,
23 on the requirements of this Section and Section 10-20.14, the
24 adverse consequences of school exclusion and justice-system
25 involvement, effective classroom management strategies,
26 culturally responsive discipline, trauma-responsive learning
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1 environments, as defined in subsection (b) of Section 3-11,
2 the appropriate and available supportive services for the
3 promotion of student attendance and engagement, and
4 developmentally appropriate disciplinary methods that promote
5 positive and healthy school climates.
6 (d) The board may expel a student for a definite period of
7 time not to exceed 2 calendar years, as determined on a
8 case-by-case basis. A student who is determined to have
9 brought one of the following objects to school, any
10 school-sponsored activity or event, or any activity or event
11 that bears a reasonable relationship to school shall be
12 expelled for a period of not less than one year:
13 (1) A firearm. For the purposes of this Section,
14 "firearm" means any gun, rifle, shotgun, weapon as defined
15 by Section 921 of Title 18 of the United States Code,
16 firearm as defined in Section 1.1 of the Firearm Owners
17 Identification Card Act, or firearm as defined in Section
18 24-1 of the Criminal Code of 2012. The expulsion period
19 under this subdivision (1) may be modified by the
20 superintendent, and the superintendent's determination may
21 be modified by the board on a case-by-case basis.
22 (2) A knife, brass knuckles or other knuckle weapon
23 regardless of its composition, a billy club, or any other
24 object if used or attempted to be used to cause bodily
25 harm, including "look alikes" of any firearm as defined in
26 subdivision (1) of this subsection (d). The expulsion
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1 requirement under this subdivision (2) may be modified by
2 the superintendent, and the superintendent's determination
3 may be modified by the board on a case-by-case basis.
4 Expulsion or suspension shall be construed in a manner
5 consistent with the federal Individuals with Disabilities
6 Education Act. A student who is subject to suspension or
7 expulsion as provided in this Section may be eligible for a
8 transfer to an alternative school program in accordance with
9 Article 13A of the School Code.
10 (d-5) The board may suspend or by regulation authorize the
11 superintendent of the district or the principal, assistant
12 principal, or dean of students of any school to suspend a
13 student for a period not to exceed 10 school days or may expel
14 a student for a definite period of time not to exceed 2
15 calendar years, as determined on a case-by-case basis, if (i)
16 that student has been determined to have made an explicit
17 threat on an Internet website against a school employee, a
18 student, or any school-related personnel, (ii) the Internet
19 website through which the threat was made is a site that was
20 accessible within the school at the time the threat was made or
21 was available to third parties who worked or studied within
22 the school grounds at the time the threat was made, and (iii)
23 the threat could be reasonably interpreted as threatening to
24 the safety and security of the threatened individual because
25 of the individual's duties or employment status or status as a
26 student inside the school.
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1 (e) To maintain order and security in the schools, school
2 authorities may inspect and search places and areas such as
3 lockers, desks, parking lots, and other school property and
4 equipment owned or controlled by the school, as well as
5 personal effects left in those places and areas by students,
6 without notice to or the consent of the student, and without a
7 search warrant. As a matter of public policy, the General
8 Assembly finds that students have no reasonable expectation of
9 privacy in these places and areas or in their personal effects
10 left in these places and areas. School authorities may request
11 the assistance of law enforcement officials for the purpose of
12 conducting inspections and searches of lockers, desks, parking
13 lots, and other school property and equipment owned or
14 controlled by the school for illegal drugs, weapons, or other
15 illegal or dangerous substances or materials, including
16 searches conducted through the use of specially trained dogs.
17 If a search conducted in accordance with this Section produces
18 evidence that the student has violated or is violating either
19 the law, local ordinance, or the school's policies or rules,
20 such evidence may be seized by school authorities, and
21 disciplinary action may be taken. School authorities may also
22 turn over such evidence to law enforcement authorities.
23 (f) Suspension or expulsion may include suspension or
24 expulsion from school and all school activities and a
25 prohibition from being present on school grounds.
26 (g) A school district may adopt a policy providing that if
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1 a student is suspended or expelled for any reason from any
2 public or private school in this or any other state, the
3 student must complete the entire term of the suspension or
4 expulsion in an alternative school program under Article 13A
5 of this Code or an alternative learning opportunities program
6 under Article 13B of this Code before being admitted into the
7 school district if there is no threat to the safety of students
8 or staff in the alternative program.
9 (h) School officials shall not advise or encourage
10 students to drop out voluntarily due to behavioral or academic
11 difficulties.
12 (i) In this subsection (i):
13 "Municipal code violation" means the violation of a rule
14 or regulation established by a local government authority,
15 authorized by Section 1-2-1 of the Illinois Municipal Code.
16 "School personnel" means a person who is employed by, who
17 is on contract with, or who volunteers in a school district or
18 charter school, including, but not limited to, a school
19 administrator, school district administrator, teacher, school
20 social worker, school counselor, school psychologist, school
21 nurse, paraprofessional, speech-language pathologist,
22 cafeteria worker, custodian, bus driver, school resource
23 officer, or security guard.
24 School personnel may not issue A student may not be issued
25 a monetary fine, or fee, ticket, or citation for a municipal
26 code violation as a disciplinary consequence, though this
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1 shall not preclude requiring a student to provide restitution
2 for lost, stolen, or damaged property. This subsection (i)
3 does not modify school disciplinary responses under this
4 Section or Section 10-20.14 of this Code that existed before
5 the effective date of this amendatory Act of the 104th General
6 Assembly or responses to alleged delinquent or criminal
7 conduct set forth in this Code, Article V of the Juvenile Court
8 Act of 1987, or the Criminal Code of 2012.
9 (j) Subsections (a) through (i) of this Section shall
10 apply to elementary and secondary schools, charter schools,
11 special charter districts, and school districts organized
12 under Article 34 of this Code.
13 (k) The expulsion of students enrolled in programs funded
14 under Section 1C-2 of this Code is subject to the requirements
15 under paragraph (7) of subsection (a) of Section 2-3.71 of
16 this Code.
17 (l) An in-school suspension program provided by a school
18 district for any students in kindergarten through grade 12 may
19 focus on promoting non-violent conflict resolution and
20 positive interaction with other students and school personnel.
21 A school district may employ a school social worker or a
22 licensed mental health professional to oversee an in-school
23 suspension program in kindergarten through grade 12.
24 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
25 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
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1 (Text of Section after amendment by P.A. 102-466)
2 Sec. 10-22.6. Suspension or expulsion of students; school
3 searches.
4 (a) To expel students guilty of gross disobedience or
5 misconduct, including gross disobedience or misconduct
6 perpetuated by electronic means, pursuant to subsection (b-20)
7 of this Section, and no action shall lie against them for such
8 expulsion. Expulsion shall take place only after the parents
9 or guardians have been requested to appear at a meeting of the
10 board, or with a hearing officer appointed by it, to discuss
11 their child's behavior. Such request shall be made by
12 registered or certified mail and shall state the time, place
13 and purpose of the meeting. The board, or a hearing officer
14 appointed by it, at such meeting shall state the reasons for
15 dismissal and the date on which the expulsion is to become
16 effective. If a hearing officer is appointed by the board, the
17 hearing officer shall report to the board a written summary of
18 the evidence heard at the meeting and the board may take such
19 action thereon as it finds appropriate. If the board acts to
20 expel a student, the written expulsion decision shall detail
21 the specific reasons why removing the student from the
22 learning environment is in the best interest of the school.
23 The expulsion decision shall also include a rationale as to
24 the specific duration of the expulsion. An expelled student
25 may be immediately transferred to an alternative program in
26 the manner provided in Article 13A or 13B of this Code. A
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1 student must not be denied transfer because of the expulsion,
2 except in cases in which such transfer is deemed to cause a
3 threat to the safety of students or staff in the alternative
4 program.
5 (b) To suspend or by policy to authorize the
6 superintendent of the district or the principal, assistant
7 principal, or dean of students of any school to suspend
8 students guilty of gross disobedience or misconduct, or to
9 suspend students guilty of gross disobedience or misconduct on
10 the school bus from riding the school bus, pursuant to
11 subsections (b-15) and (b-20) of this Section, and no action
12 shall lie against them for such suspension. The board may by
13 policy authorize the superintendent of the district or the
14 principal, assistant principal, or dean of students of any
15 school to suspend students guilty of such acts for a period not
16 to exceed 10 school days. If a student is suspended due to
17 gross disobedience or misconduct on a school bus, the board
18 may suspend the student in excess of 10 school days for safety
19 reasons.
20 Any suspension shall be reported immediately to the
21 parents or guardians of a student along with a full statement
22 of the reasons for such suspension and a notice of their right
23 to a review. The school board must be given a summary of the
24 notice, including the reason for the suspension and the
25 suspension length. Upon request of the parents or guardians,
26 the school board or a hearing officer appointed by it shall
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1 review such action of the superintendent or principal,
2 assistant principal, or dean of students. At such review, the
3 parents or guardians of the student may appear and discuss the
4 suspension with the board or its hearing officer. If a hearing
5 officer is appointed by the board, he shall report to the board
6 a written summary of the evidence heard at the meeting. After
7 its hearing or upon receipt of the written report of its
8 hearing officer, the board may take such action as it finds
9 appropriate. If a student is suspended pursuant to this
10 subsection (b), the board shall, in the written suspension
11 decision, detail the specific act of gross disobedience or
12 misconduct resulting in the decision to suspend. The
13 suspension decision shall also include a rationale as to the
14 specific duration of the suspension.
15 (b-5) Among the many possible disciplinary interventions
16 and consequences available to school officials, school
17 exclusions, such as out-of-school suspensions and expulsions,
18 are the most serious. School officials shall limit the number
19 and duration of expulsions and suspensions to the greatest
20 extent practicable, and it is recommended that they use them
21 only for legitimate educational purposes. To ensure that
22 students are not excluded from school unnecessarily, it is
23 recommended that school officials consider forms of
24 non-exclusionary discipline prior to using out-of-school
25 suspensions or expulsions.
26 (b-10) Unless otherwise required by federal law or this
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1 Code, school boards may not institute zero-tolerance policies
2 by which school administrators are required to suspend or
3 expel students for particular behaviors.
4 (b-15) Out-of-school suspensions of 3 days or less may be
5 used only if the student's continuing presence in school would
6 pose a threat to school safety or a disruption to other
7 students' learning opportunities. For purposes of this
8 subsection (b-15), "threat to school safety or a disruption to
9 other students' learning opportunities" shall be determined on
10 a case-by-case basis by the school board or its designee.
11 School officials shall make all reasonable efforts to resolve
12 such threats, address such disruptions, and minimize the
13 length of suspensions to the greatest extent practicable.
14 (b-20) Unless otherwise required by this Code,
15 out-of-school suspensions of longer than 3 days, expulsions,
16 and disciplinary removals to alternative schools may be used
17 only if other appropriate and available behavioral and
18 disciplinary interventions have been exhausted and the
19 student's continuing presence in school would either (i) pose
20 a threat to the safety of other students, staff, or members of
21 the school community or (ii) substantially disrupt, impede, or
22 interfere with the operation of the school. For purposes of
23 this subsection (b-20), "threat to the safety of other
24 students, staff, or members of the school community" and
25 "substantially disrupt, impede, or interfere with the
26 operation of the school" shall be determined on a case-by-case
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1 basis by school officials. For purposes of this subsection
2 (b-20), the determination of whether "appropriate and
3 available behavioral and disciplinary interventions have been
4 exhausted" shall be made by school officials. School officials
5 shall make all reasonable efforts to resolve such threats,
6 address such disruptions, and minimize the length of student
7 exclusions to the greatest extent practicable. Within the
8 suspension decision described in subsection (b) of this
9 Section or the expulsion decision described in subsection (a)
10 of this Section, it shall be documented whether other
11 interventions were attempted or whether it was determined that
12 there were no other appropriate and available interventions.
13 (b-25) Students who are suspended out-of-school for longer
14 than 3 school days shall be provided appropriate and available
15 support services during the period of their suspension. For
16 purposes of this subsection (b-25), "appropriate and available
17 support services" shall be determined by school authorities.
18 Within the suspension decision described in subsection (b) of
19 this Section, it shall be documented whether such services are
20 to be provided or whether it was determined that there are no
21 such appropriate and available services.
22 A school district may refer students who are expelled to
23 appropriate and available support services.
24 A school district shall create a policy to facilitate the
25 re-engagement of students who are suspended out-of-school,
26 expelled, or returning from an alternative school setting. In
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1 consultation with stakeholders deemed appropriate by the State
2 Board of Education, the State Board of Education shall draft
3 and publish guidance for the re-engagement of students who are
4 suspended out-of-school, expelled, or returning from an
5 alternative school setting in accordance with this Section and
6 Section 13A-4 on or before July 1, 2025.
7 (b-30) A school district shall create a policy by which
8 suspended students, including those students suspended from
9 the school bus who do not have alternate transportation to
10 school, shall have the opportunity to make up work for
11 equivalent academic credit. It shall be the responsibility of
12 a student's parents or guardians to notify school officials
13 that a student suspended from the school bus does not have
14 alternate transportation to school.
15 (b-35) In all suspension review hearings conducted under
16 subsection (b) or expulsion hearings conducted under
17 subsection (a), a student may disclose any factor to be
18 considered in mitigation, including his or her status as a
19 parent, expectant parent, or victim of domestic or sexual
20 violence, as defined in Article 26A. A representative of the
21 parent's or guardian's choice, or of the student's choice if
22 emancipated, must be permitted to represent the student
23 throughout the proceedings and to address the school board or
24 its appointed hearing officer. With the approval of the
25 student's parent or guardian, or of the student if
26 emancipated, a support person must be permitted to accompany
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1 the student to any disciplinary hearings or proceedings. The
2 representative or support person must comply with any rules of
3 the school district's hearing process. If the representative
4 or support person violates the rules or engages in behavior or
5 advocacy that harasses, abuses, or intimidates either party, a
6 witness, or anyone else in attendance at the hearing, the
7 representative or support person may be prohibited from
8 further participation in the hearing or proceeding. A
9 suspension or expulsion proceeding under this subsection
10 (b-35) must be conducted independently from any ongoing
11 criminal investigation or proceeding, and an absence of
12 pending or possible criminal charges, criminal investigations,
13 or proceedings may not be a factor in school disciplinary
14 decisions.
15 (b-40) During a suspension review hearing conducted under
16 subsection (b) or an expulsion hearing conducted under
17 subsection (a) that involves allegations of sexual violence by
18 the student who is subject to discipline, neither the student
19 nor his or her representative shall directly question nor have
20 direct contact with the alleged victim. The student who is
21 subject to discipline or his or her representative may, at the
22 discretion and direction of the school board or its appointed
23 hearing officer, suggest questions to be posed by the school
24 board or its appointed hearing officer to the alleged victim.
25 (c) A school board must invite a representative from a
26 local mental health agency to consult with the board at the
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1 meeting whenever there is evidence that mental illness may be
2 the cause of a student's expulsion or suspension.
3 (c-5) School districts shall make reasonable efforts to
4 provide ongoing professional development to all school
5 personnel, school board members, and school resource officers
6 on the requirements of this Section and Section 10-20.14, the
7 adverse consequences of school exclusion and justice-system
8 involvement, effective classroom management strategies,
9 culturally responsive discipline, trauma-responsive learning
10 environments, as defined in subsection (b) of Section 3-11,
11 the appropriate and available supportive services for the
12 promotion of student attendance and engagement, and
13 developmentally appropriate disciplinary methods that promote
14 positive and healthy school climates.
15 (d) The board may expel a student for a definite period of
16 time not to exceed 2 calendar years, as determined on a
17 case-by-case basis. A student who is determined to have
18 brought one of the following objects to school, any
19 school-sponsored activity or event, or any activity or event
20 that bears a reasonable relationship to school shall be
21 expelled for a period of not less than one year:
22 (1) A firearm. For the purposes of this Section,
23 "firearm" means any gun, rifle, shotgun, weapon as defined
24 by Section 921 of Title 18 of the United States Code,
25 firearm as defined in Section 1.1 of the Firearm Owners
26 Identification Card Act, or firearm as defined in Section
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1 24-1 of the Criminal Code of 2012. The expulsion period
2 under this subdivision (1) may be modified by the
3 superintendent, and the superintendent's determination may
4 be modified by the board on a case-by-case basis.
5 (2) A knife, brass knuckles or other knuckle weapon
6 regardless of its composition, a billy club, or any other
7 object if used or attempted to be used to cause bodily
8 harm, including "look alikes" of any firearm as defined in
9 subdivision (1) of this subsection (d). The expulsion
10 requirement under this subdivision (2) may be modified by
11 the superintendent, and the superintendent's determination
12 may be modified by the board on a case-by-case basis.
13 Expulsion or suspension shall be construed in a manner
14 consistent with the federal Individuals with Disabilities
15 Education Act. A student who is subject to suspension or
16 expulsion as provided in this Section may be eligible for a
17 transfer to an alternative school program in accordance with
18 Article 13A of the School Code.
19 (d-5) The board may suspend or by regulation authorize the
20 superintendent of the district or the principal, assistant
21 principal, or dean of students of any school to suspend a
22 student for a period not to exceed 10 school days or may expel
23 a student for a definite period of time not to exceed 2
24 calendar years, as determined on a case-by-case basis, if (i)
25 that student has been determined to have made an explicit
26 threat on an Internet website against a school employee, a
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1 student, or any school-related personnel, (ii) the Internet
2 website through which the threat was made is a site that was
3 accessible within the school at the time the threat was made or
4 was available to third parties who worked or studied within
5 the school grounds at the time the threat was made, and (iii)
6 the threat could be reasonably interpreted as threatening to
7 the safety and security of the threatened individual because
8 of the individual's duties or employment status or status as a
9 student inside the school.
10 (e) To maintain order and security in the schools, school
11 authorities may inspect and search places and areas such as
12 lockers, desks, parking lots, and other school property and
13 equipment owned or controlled by the school, as well as
14 personal effects left in those places and areas by students,
15 without notice to or the consent of the student, and without a
16 search warrant. As a matter of public policy, the General
17 Assembly finds that students have no reasonable expectation of
18 privacy in these places and areas or in their personal effects
19 left in these places and areas. School authorities may request
20 the assistance of law enforcement officials for the purpose of
21 conducting inspections and searches of lockers, desks, parking
22 lots, and other school property and equipment owned or
23 controlled by the school for illegal drugs, weapons, or other
24 illegal or dangerous substances or materials, including
25 searches conducted through the use of specially trained dogs.
26 If a search conducted in accordance with this Section produces
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1 evidence that the student has violated or is violating either
2 the law, local ordinance, or the school's policies or rules,
3 such evidence may be seized by school authorities, and
4 disciplinary action may be taken. School authorities may also
5 turn over such evidence to law enforcement authorities.
6 (f) Suspension or expulsion may include suspension or
7 expulsion from school and all school activities and a
8 prohibition from being present on school grounds.
9 (g) A school district may adopt a policy providing that if
10 a student is suspended or expelled for any reason from any
11 public or private school in this or any other state, the
12 student must complete the entire term of the suspension or
13 expulsion in an alternative school program under Article 13A
14 of this Code or an alternative learning opportunities program
15 under Article 13B of this Code before being admitted into the
16 school district if there is no threat to the safety of students
17 or staff in the alternative program. A school district that
18 adopts a policy under this subsection (g) must include a
19 provision allowing for consideration of any mitigating
20 factors, including, but not limited to, a student's status as
21 a parent, expectant parent, or victim of domestic or sexual
22 violence, as defined in Article 26A.
23 (h) School officials shall not advise or encourage
24 students to drop out voluntarily due to behavioral or academic
25 difficulties.
26 (i) In this subsection (i):
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1 "Municipal code violation" means the violation of a rule
2 or regulation established by a local government authority,
3 authorized by Section 1-2-1 of the Illinois Municipal Code.
4 "School personnel" means a person who is employed by, who
5 is on contract with, or who volunteers in a school district or
6 charter school, including, but not limited to, a school
7 administrator, school district administrator, teacher, school
8 social worker, school counselor, school psychologist, school
9 nurse, paraprofessional, speech-language pathologist,
10 cafeteria worker, custodian, bus driver, school resource
11 officer, or security guard.
12 School personnel may not issue A student may not be issued
13 a monetary fine, or fee, ticket, or citation for a municipal
14 code violation as a disciplinary consequence, though this
15 shall not preclude requiring a student to provide restitution
16 for lost, stolen, or damaged property. This subsection (i)
17 does not modify school disciplinary responses under this
18 Section or Section 10-20.14 of this Code that existed before
19 the effective date of this amendatory Act of the 104th General
20 Assembly or responses to alleged delinquent or criminal
21 conduct set forth in this Code, Article V of the Juvenile Court
22 Act of 1987, or the Criminal Code of 2012.
23 (j) Subsections (a) through (i) of this Section shall
24 apply to elementary and secondary schools, charter schools,
25 special charter districts, and school districts organized
26 under Article 34 of this Code.
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1 (k) Through June 30, 2026, the expulsion of students
2 enrolled in programs funded under Section 1C-2 of this Code is
3 subject to the requirements under paragraph (7) of subsection
4 (a) of Section 2-3.71 of this Code.
5 (k-5) On and after July 1, 2026, the expulsion of children
6 enrolled in programs funded under Section 15-25 of the
7 Department of Early Childhood Act is subject to the
8 requirements of paragraph (7) of subsection (a) of Section
9 15-30 of the Department of Early Childhood Act.
10 (l) An in-school suspension program provided by a school
11 district for any students in kindergarten through grade 12 may
12 focus on promoting non-violent conflict resolution and
13 positive interaction with other students and school personnel.
14 A school district may employ a school social worker or a
15 licensed mental health professional to oversee an in-school
16 suspension program in kindergarten through grade 12.
17 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
18 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
19 8-9-24; revised 9-25-24.)
20 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
21 Sec. 26-12. Punitive action.
22 (a) No punitive action, including out-of-school
23 suspensions, expulsions, or court action, shall be taken
24 against truant minors for such truancy unless appropriate and
25 available supportive services and other school resources have
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1 been provided to the student. Notwithstanding the provisions
2 of Section 10-22.6 of this Code, a truant minor may not be
3 expelled for nonattendance unless he or she has accrued 15
4 consecutive days of absences without valid cause and the
5 student cannot be located by the school district or the school
6 district has located the student but cannot, after exhausting
7 all available supportive services, compel the student to
8 return to school.
9 (b) School personnel A school district may not refer a
10 truant, chronic truant, or truant minor to any other local
11 public entity, as defined under Section 1-206 of the Local
12 Governmental and Governmental Employees Tort Immunity Act,
13 school resource officer, as defined in Section 10-20.68 of
14 this Code, or peace officer, as defined in Section 2-13 of the
15 Criminal Code of 2012, for that local public entity, school
16 resource officer, or peace officer to issue the child a fine or
17 a fee as punishment for his or her truancy.
18 (c) A school district may refer any person having custody
19 or control of a truant, chronic truant, or truant minor to any
20 other local public entity, as defined under Section 1-206 of
21 the Local Governmental and Governmental Employees Tort
22 Immunity Act, for that local public entity to issue the person
23 a fine or fee for the child's truancy only if the school
24 district's truant officer, regional office of education, or
25 intermediate service center has been notified of the truant
26 behavior and the school district, regional office of
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1 education, or intermediate service center has offered all
2 appropriate and available supportive services and other school
3 resources to the child. Before a school district may refer a
4 person having custody or control of a child to a municipality,
5 as defined under Section 1-1-2 of the Illinois Municipal Code,
6 the school district must provide the following appropriate and
7 available services:
8 (1) For any child who is a homeless child, as defined
9 under Section 1-5 of the Education for Homeless Children
10 Act, a meeting between the child, the person having
11 custody or control of the child, relevant school
12 personnel, and a homeless liaison to discuss any barriers
13 to the child's attendance due to the child's transitional
14 living situation and to construct a plan that removes
15 these barriers.
16 (2) For any child with a documented disability, a
17 meeting between the child, the person having custody or
18 control of the child, and relevant school personnel to
19 review the child's current needs and address the
20 appropriateness of the child's placement and services. For
21 any child subject to Article 14 of this Code, this meeting
22 shall be an individualized education program meeting and
23 shall include relevant members of the individualized
24 education program team. For any child with a disability
25 under Section 504 of the federal Rehabilitation Act of
26 1973 (29 U.S.C. 794), this meeting shall be a Section 504
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1 plan review and include relevant members of the Section
2 504 plan team.
3 (3) For any child currently being evaluated by a
4 school district for a disability or for whom the school
5 has a basis of knowledge that the child is a child with a
6 disability under 20 U.S.C. 1415(k)(5), the completion of
7 the evaluation and determination of the child's
8 eligibility for special education services.
9 (d) Before a school district may refer a person having
10 custody or control of a child to a local public entity under
11 this Section, the school district must document any
12 appropriate and available supportive services offered to the
13 child. In the event a meeting under this Section does not
14 occur, a school district must have documentation that it made
15 reasonable efforts to convene the meeting at a mutually
16 convenient time and date for the school district and the
17 person having custody or control of the child and, but for the
18 conduct of that person, the meeting would have occurred.
19 (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
20 101-81, eff. 7-12-19.)
21 Section 95. No acceleration or delay. Where this Act makes
22 changes in a statute that is represented in this Act by text
23 that is not yet or no longer in effect (for example, a Section
24 represented by multiple versions), the use of that text does
25 not accelerate or delay the taking effect of (i) the changes
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1 made by this Act or (ii) provisions derived from any other
2 Public Act.
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