Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1519 Latest Draft

Bill / Engrossed Version Filed 04/09/2025

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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.

 

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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, 10-20.68, 10-22.6,
24  and 26-12 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) Beginning with the 2027-2028 school year, the State
13  Board of Education shall require that each school district
14  annually report, in a manner and method determined by the
15  State Board, the number of students in kindergarten through
16  grade 12 who were referred to a law enforcement agency or
17  official and the number of instances of referrals to law
18  enforcement that students in grades kindergarten through 12
19  received.
20  (c) The data reported under subsection (b) shall be
21  disaggregated by race and ethnicity, sex, grade level, whether
22  a student is an English learner, and disability.
23  (d) On or before January 31, 2029 and on or before January
24  31 of each subsequent year, the State Board of Education,
25  through the State Superintendent of Education, shall prepare a
26  report on student referrals to law enforcement in all school

 

 

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1  districts in this State, including State-authorized charter
2  schools. This report shall include data from all public
3  schools within school districts, including district-authorized
4  charter schools. This report must be posted on the Internet
5  website of the State Board of Education. The report shall
6  include data reported under subsection (b) and shall be
7  disaggregated according to subsection (c).
8  (105 ILCS 5/10-20.14)    (from Ch. 122, par. 10-20.14)
9  Sec. 10-20.14. Student discipline policies; parent-teacher
10  advisory committee.
11  (a) To establish and maintain a parent-teacher advisory
12  committee to develop with the school board or governing body
13  of a charter school policy guidelines on student discipline,
14  including school searches and bullying prevention as set forth
15  in Section 27-23.7 of this Code. School authorities shall
16  furnish a copy of the policy to the parents or guardian of each
17  student within 15 days after the beginning of the school year,
18  or within 15 days after starting classes for a student who
19  transfers into the district during the school year, and the
20  school board or governing body of a charter school shall
21  require that a school inform its students of the contents of
22  the policy. School boards and the governing bodies of charter
23  schools, along with the parent-teacher advisory committee,
24  must annually review their student discipline policies and the
25  implementation of those policies and any other factors related

 

 

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1  to the safety of their schools, students, and school
2  personnel.
3  (a-5) On or before September 15, 2016, each elementary and
4  secondary school and charter school shall, at a minimum, adopt
5  student discipline policies that fulfill the requirements set
6  forth in this Section, subsections (a) and (b) of Section
7  10-22.6 of this Code, Section 34-19 of this Code if
8  applicable, and federal and State laws that provide special
9  requirements for the discipline of students with disabilities.
10  (b) The parent-teacher advisory committee in cooperation
11  with local law enforcement agencies shall develop, with the
12  school board, policy guideline procedures to establish and
13  maintain a reciprocal reporting system between the school
14  district and local law enforcement agencies regarding criminal
15  and civil offenses committed by students. School districts are
16  encouraged to create memoranda of understanding with local law
17  enforcement agencies that clearly define law enforcement's
18  role in schools, in accordance with Sections 2-3.206 and
19  Section 10-22.6 of this Code. In consultation with
20  stakeholders deemed appropriate by the State Board of
21  Education, the State Board of Education shall draft and
22  publish guidance for the development of reciprocal reporting
23  systems in accordance with this Section on or before July 1,
24  2025.
25  (c) The parent-teacher advisory committee, in cooperation
26  with school bus personnel, shall develop, with the school

 

 

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1  board, policy guideline procedures to establish and maintain
2  school bus safety procedures. These procedures shall be
3  incorporated into the district's student discipline policy. In
4  consultation with stakeholders deemed appropriate by the State
5  Board of Education, the State Board of Education shall draft
6  and publish guidance for school bus safety procedures in
7  accordance with this Section on or before July 1, 2025.
8  (d) As used in this subsection (d), "evidence-based
9  intervention" means intervention that has demonstrated a
10  statistically significant effect on improving student outcomes
11  as documented in peer-reviewed scholarly journals.
12  The school board, in consultation with the parent-teacher
13  advisory committee and other community-based organizations,
14  must include provisions in the student discipline policy to
15  address students who have demonstrated behaviors that put them
16  at risk for aggressive behavior, including without limitation
17  bullying, as defined in the policy. These provisions must
18  include procedures for notifying parents or legal guardians
19  and intervention procedures based upon available
20  community-based and district resources.
21  In consultation with behavioral health experts, the State
22  Board of Education shall draft and publish guidance for
23  evidence-based intervention procedures, including examples, in
24  accordance with this Section on or before July 1, 2025.
25  (Source: P.A. 103-896, eff. 8-9-24.)

 

 

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1  (105 ILCS 5/10-20.68)
2  Sec. 10-20.68. School resource officer.
3  (a) In this Section, "school resource officer" means a law
4  enforcement officer who has been primarily assigned to a
5  school or school district under a memorandum of understanding
6  between an agreement with a local law enforcement agency and a
7  school district.
8  (a-5) Beginning July 1, 2026, a memorandum of
9  understanding between a local law enforcement agency and a
10  school district is required for any school district that uses
11  a school resource officer. The memorandum of understanding
12  shall include provisions that:
13  (1) define the role, duties, and responsibilities of a
14  school resource officer;
15  (2) specify procedures to ensure that a school
16  resource officer has been trained or has received a waiver
17  for training, as provided in Section 10.22 of the Illinois
18  Police Training Act, including specific training on
19  working with students with disabilities to ensure
20  appropriate and effective interactions that support their
21  educational and behavioral needs;
22  (3) specify that a school resource officer is
23  prohibited from issuing tickets or citations on school
24  property in accordance with subsection (i) of Section
25  10-22.6;
26  (4) outline a process for data collection and

 

 

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1  reporting in accordance with Section 2-3.206; and
2  (5) provide for regular review and evaluation of the
3  school resource officer program, including community and
4  stakeholder input.
5  (b) Any Beginning January 1, 2021, any law enforcement
6  agency that provides a school resource officer under this
7  Section shall provide to the school district a certificate of
8  completion, or approved waiver, issued by the Illinois Law
9  Enforcement Training Standards Board under Section 10.22 of
10  the Illinois Police Training Act indicating that the subject
11  officer has completed the requisite course of instruction in
12  the applicable subject areas within one year of assignment, or
13  has prior experience and training which satisfies this
14  requirement.
15  (c) In an effort to defray the related costs, any law
16  enforcement agency that provides a school resource officer
17  should apply for grant funding through the federal Community
18  Oriented Policing Services grant program.
19  (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
20  (105 ILCS 5/10-22.6)    (from Ch. 122, par. 10-22.6)
21  (Text of Section before amendment by P.A. 102-466)
22  Sec. 10-22.6. Suspension or expulsion of students; school
23  searches.
24  (a) To expel students guilty of gross disobedience or
25  misconduct, including gross disobedience or misconduct

 

 

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1  perpetuated by electronic means, pursuant to subsection (b-20)
2  of this Section, and no action shall lie against them for such
3  expulsion. Expulsion shall take place only after the parents
4  have been requested to appear at a meeting of the board, or
5  with a hearing officer appointed by it, to discuss their
6  child's behavior. Such request shall be made by registered or
7  certified mail and shall state the time, place and purpose of
8  the meeting. The board, or a hearing officer appointed by it,
9  at such meeting shall state the reasons for dismissal and the
10  date on which the expulsion is to become effective. If a
11  hearing officer is appointed by the board, the hearing officer
12  shall report to the board a written summary of the evidence
13  heard at the meeting and the board may take such action thereon
14  as it finds appropriate. If the board acts to expel a student,
15  the written expulsion decision shall detail the specific
16  reasons why removing the student from the learning environment
17  is in the best interest of the school. The expulsion decision
18  shall also include a rationale as to the specific duration of
19  the expulsion. An expelled student may be immediately
20  transferred to an alternative program in the manner provided
21  in Article 13A or 13B of this Code. A student must not be
22  denied transfer because of the expulsion, except in cases in
23  which such transfer is deemed to cause a threat to the safety
24  of students or staff in the alternative program.
25  (b) To suspend or by policy to authorize the
26  superintendent of the district or the principal, assistant

 

 

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1  principal, or dean of students of any school to suspend
2  students guilty of gross disobedience or misconduct, or to
3  suspend students guilty of gross disobedience or misconduct on
4  the school bus from riding the school bus, pursuant to
5  subsections (b-15) and (b-20) of this Section, and no action
6  shall lie against them for such suspension. The board may by
7  policy authorize the superintendent of the district or the
8  principal, assistant principal, or dean of students of any
9  school to suspend students guilty of such acts for a period not
10  to exceed 10 school days. If a student is suspended due to
11  gross disobedience or misconduct on a school bus, the board
12  may suspend the student in excess of 10 school days for safety
13  reasons.
14  Any suspension shall be reported immediately to the
15  parents or guardian of a student along with a full statement of
16  the reasons for such suspension and a notice of their right to
17  a review. The school board must be given a summary of the
18  notice, including the reason for the suspension and the
19  suspension length. Upon request of the parents or guardian,
20  the school board or a hearing officer appointed by it shall
21  review such action of the superintendent or principal,
22  assistant principal, or dean of students. At such review, the
23  parents or guardian of the student may appear and discuss the
24  suspension with the board or its hearing officer. If a hearing
25  officer is appointed by the board, he shall report to the board
26  a written summary of the evidence heard at the meeting. After

 

 

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1  its hearing or upon receipt of the written report of its
2  hearing officer, the board may take such action as it finds
3  appropriate. If a student is suspended pursuant to this
4  subsection (b), the board shall, in the written suspension
5  decision, detail the specific act of gross disobedience or
6  misconduct resulting in the decision to suspend. The
7  suspension decision shall also include a rationale as to the
8  specific duration of the suspension.
9  (b-5) Among the many possible disciplinary interventions
10  and consequences available to school officials, school
11  exclusions, such as out-of-school suspensions and expulsions,
12  are the most serious. School officials shall limit the number
13  and duration of expulsions and suspensions to the greatest
14  extent practicable, and it is recommended that they use them
15  only for legitimate educational purposes. To ensure that
16  students are not excluded from school unnecessarily, it is
17  recommended that school officials consider forms of
18  non-exclusionary discipline prior to using out-of-school
19  suspensions or expulsions.
20  (b-10) Unless otherwise required by federal law or this
21  Code, school boards may not institute zero-tolerance policies
22  by which school administrators are required to suspend or
23  expel students for particular behaviors.
24  (b-15) Out-of-school suspensions of 3 days or less may be
25  used only if the student's continuing presence in school would
26  pose a threat to school safety or a disruption to other

 

 

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1  students' learning opportunities. For purposes of this
2  subsection (b-15), "threat to school safety or a disruption to
3  other students' learning opportunities" shall be determined on
4  a case-by-case basis by the school board or its designee.
5  School officials shall make all reasonable efforts to resolve
6  such threats, address such disruptions, and minimize the
7  length of suspensions to the greatest extent practicable.
8  (b-20) Unless otherwise required by this Code,
9  out-of-school suspensions of longer than 3 days, expulsions,
10  and disciplinary removals to alternative schools may be used
11  only if other appropriate and available behavioral and
12  disciplinary interventions have been exhausted and the
13  student's continuing presence in school would either (i) pose
14  a threat to the safety of other students, staff, or members of
15  the school community or (ii) substantially disrupt, impede, or
16  interfere with the operation of the school. For purposes of
17  this subsection (b-20), "threat to the safety of other
18  students, staff, or members of the school community" and
19  "substantially disrupt, impede, or interfere with the
20  operation of the school" shall be determined on a case-by-case
21  basis by school officials. For purposes of this subsection
22  (b-20), the determination of whether "appropriate and
23  available behavioral and disciplinary interventions have been
24  exhausted" shall be made by school officials. School officials
25  shall make all reasonable efforts to resolve such threats,
26  address such disruptions, and minimize the length of student

 

 

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1  exclusions to the greatest extent practicable. Within the
2  suspension decision described in subsection (b) of this
3  Section or the expulsion decision described in subsection (a)
4  of this Section, it shall be documented whether other
5  interventions were attempted or whether it was determined that
6  there were no other appropriate and available interventions.
7  (b-25) Students who are suspended out-of-school for longer
8  than 3 school days shall be provided appropriate and available
9  support services during the period of their suspension. For
10  purposes of this subsection (b-25), "appropriate and available
11  support services" shall be determined by school authorities.
12  Within the suspension decision described in subsection (b) of
13  this Section, it shall be documented whether such services are
14  to be provided or whether it was determined that there are no
15  such appropriate and available services.
16  A school district may refer students who are expelled to
17  appropriate and available support services.
18  A school district shall create a policy to facilitate the
19  re-engagement of students who are suspended out-of-school,
20  expelled, or returning from an alternative school setting. In
21  consultation with stakeholders deemed appropriate by the State
22  Board of Education, the State Board of Education shall draft
23  and publish guidance for the re-engagement of students who are
24  suspended out-of-school, expelled, or returning from an
25  alternative school setting in accordance with this Section and
26  Section 13A-4 on or before July 1, 2025.

 

 

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1  (b-30) A school district shall create a policy by which
2  suspended students, including those students suspended from
3  the school bus who do not have alternate transportation to
4  school, shall have the opportunity to make up work for
5  equivalent academic credit. It shall be the responsibility of
6  a student's parent or guardian to notify school officials that
7  a student suspended from the school bus does not have
8  alternate transportation to school.
9  (c) A school board must invite a representative from a
10  local mental health agency to consult with the board at the
11  meeting whenever there is evidence that mental illness may be
12  the cause of a student's expulsion or suspension.
13  (c-5) School districts shall make reasonable efforts to
14  provide ongoing professional development to all school
15  personnel, school board members, and school resource officers,
16  on the requirements of this Section and Section 10-20.14, the
17  adverse consequences of school exclusion and justice-system
18  involvement, effective classroom management strategies,
19  culturally responsive discipline, trauma-responsive learning
20  environments, as defined in subsection (b) of Section 3-11,
21  the appropriate and available supportive services for the
22  promotion of student attendance and engagement, and
23  developmentally appropriate disciplinary methods that promote
24  positive and healthy school climates.
25  (d) The board may expel a student for a definite period of
26  time not to exceed 2 calendar years, as determined on a

 

 

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1  case-by-case basis. A student who is determined to have
2  brought one of the following objects to school, any
3  school-sponsored activity or event, or any activity or event
4  that bears a reasonable relationship to school shall be
5  expelled for a period of not less than one year:
6  (1) A firearm. For the purposes of this Section,
7  "firearm" means any gun, rifle, shotgun, weapon as defined
8  by Section 921 of Title 18 of the United States Code,
9  firearm as defined in Section 1.1 of the Firearm Owners
10  Identification Card Act, or firearm as defined in Section
11  24-1 of the Criminal Code of 2012. The expulsion period
12  under this subdivision (1) may be modified by the
13  superintendent, and the superintendent's determination may
14  be modified by the board on a case-by-case basis.
15  (2) A knife, brass knuckles or other knuckle weapon
16  regardless of its composition, a billy club, or any other
17  object if used or attempted to be used to cause bodily
18  harm, including "look alikes" of any firearm as defined in
19  subdivision (1) of this subsection (d). The expulsion
20  requirement under this subdivision (2) may be modified by
21  the superintendent, and the superintendent's determination
22  may be modified by the board on a case-by-case basis.
23  Expulsion or suspension shall be construed in a manner
24  consistent with the federal Individuals with Disabilities
25  Education Act. A student who is subject to suspension or
26  expulsion as provided in this Section may be eligible for a

 

 

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1  transfer to an alternative school program in accordance with
2  Article 13A of the School Code.
3  (d-5) The board may suspend or by regulation authorize the
4  superintendent of the district or the principal, assistant
5  principal, or dean of students of any school to suspend a
6  student for a period not to exceed 10 school days or may expel
7  a student for a definite period of time not to exceed 2
8  calendar years, as determined on a case-by-case basis, if (i)
9  that student has been determined to have made an explicit
10  threat on an Internet website against a school employee, a
11  student, or any school-related personnel, (ii) the Internet
12  website through which the threat was made is a site that was
13  accessible within the school at the time the threat was made or
14  was available to third parties who worked or studied within
15  the school grounds at the time the threat was made, and (iii)
16  the threat could be reasonably interpreted as threatening to
17  the safety and security of the threatened individual because
18  of the individual's duties or employment status or status as a
19  student inside the school.
20  (e) To maintain order and security in the schools, school
21  authorities may inspect and search places and areas such as
22  lockers, desks, parking lots, and other school property and
23  equipment owned or controlled by the school, as well as
24  personal effects left in those places and areas by students,
25  without notice to or the consent of the student, and without a
26  search warrant. As a matter of public policy, the General

 

 

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1  Assembly finds that students have no reasonable expectation of
2  privacy in these places and areas or in their personal effects
3  left in these places and areas. School authorities may request
4  the assistance of law enforcement officials for the purpose of
5  conducting inspections and searches of lockers, desks, parking
6  lots, and other school property and equipment owned or
7  controlled by the school for illegal drugs, weapons, or other
8  illegal or dangerous substances or materials, including
9  searches conducted through the use of specially trained dogs.
10  If a search conducted in accordance with this Section produces
11  evidence that the student has violated or is violating either
12  the law, local ordinance, or the school's policies or rules,
13  such evidence may be seized by school authorities, and
14  disciplinary action may be taken. School authorities may also
15  turn over such evidence to law enforcement authorities.
16  (f) Suspension or expulsion may include suspension or
17  expulsion from school and all school activities and a
18  prohibition from being present on school grounds.
19  (g) A school district may adopt a policy providing that if
20  a student is suspended or expelled for any reason from any
21  public or private school in this or any other state, the
22  student must complete the entire term of the suspension or
23  expulsion in an alternative school program under Article 13A
24  of this Code or an alternative learning opportunities program
25  under Article 13B of this Code before being admitted into the
26  school district if there is no threat to the safety of students

 

 

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1  or staff in the alternative program.
2  (h) School officials shall not advise or encourage
3  students to drop out voluntarily due to behavioral or academic
4  difficulties.
5  (i) In this subsection (i), "municipal code violation"
6  means the violation of a rule or regulation established by a
7  local government authority, authorized by Section 1-2-1 of the
8  Illinois Municipal Code.
9  A student must may not be issued a monetary fine, or fee,
10  ticket, or citation as a school-based disciplinary consequence
11  or for a municipal code violation on school grounds during
12  school hours or while taking school transportation by any
13  person as a disciplinary consequence, though this shall not
14  preclude requiring a student to provide restitution for lost,
15  stolen, or damaged property.
16  This subsection (i) does not modify school disciplinary
17  responses under this Section or Section 10-20.14 of this Code
18  that existed before the effective date of this amendatory Act
19  of the 104th General Assembly or responses to alleged
20  delinquent or criminal conduct set forth in this Code, Article
21  V of the Juvenile Court Act of 1987, or the Criminal Code of
22  2012. This subsection (i) does not apply to violations of
23  traffic, boating, or fish and game laws.
24  (j) Subsections (a) through (i) of this Section shall
25  apply to elementary and secondary schools, charter schools,
26  special charter districts, and school districts organized

 

 

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1  under Article 34 of this Code.
2  (k) The expulsion of students enrolled in programs funded
3  under Section 1C-2 of this Code is subject to the requirements
4  under paragraph (7) of subsection (a) of Section 2-3.71 of
5  this Code.
6  (l) An in-school suspension program provided by a school
7  district for any students in kindergarten through grade 12 may
8  focus on promoting non-violent conflict resolution and
9  positive interaction with other students and school personnel.
10  A school district may employ a school social worker or a
11  licensed mental health professional to oversee an in-school
12  suspension program in kindergarten through grade 12.
13  (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
14  103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
15  (Text of Section after amendment by P.A. 102-466)
16  Sec. 10-22.6. Suspension or expulsion of students; school
17  searches.
18  (a) To expel students guilty of gross disobedience or
19  misconduct, including gross disobedience or misconduct
20  perpetuated by electronic means, pursuant to subsection (b-20)
21  of this Section, and no action shall lie against them for such
22  expulsion. Expulsion shall take place only after the parents
23  or guardians have been requested to appear at a meeting of the
24  board, or with a hearing officer appointed by it, to discuss
25  their child's behavior. Such request shall be made by

 

 

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1  registered or certified mail and shall state the time, place
2  and purpose of the meeting. The board, or a hearing officer
3  appointed by it, at such meeting shall state the reasons for
4  dismissal and the date on which the expulsion is to become
5  effective. If a hearing officer is appointed by the board, the
6  hearing officer shall report to the board a written summary of
7  the evidence heard at the meeting and the board may take such
8  action thereon as it finds appropriate. If the board acts to
9  expel a student, the written expulsion decision shall detail
10  the specific reasons why removing the student from the
11  learning environment is in the best interest of the school.
12  The expulsion decision shall also include a rationale as to
13  the specific duration of the expulsion. An expelled student
14  may be immediately transferred to an alternative program in
15  the manner provided in Article 13A or 13B of this Code. A
16  student must not be denied transfer because of the expulsion,
17  except in cases in which such transfer is deemed to cause a
18  threat to the safety of students or staff in the alternative
19  program.
20  (b) To suspend or by policy to authorize the
21  superintendent of the district or the principal, assistant
22  principal, or dean of students of any school to suspend
23  students guilty of gross disobedience or misconduct, or to
24  suspend students guilty of gross disobedience or misconduct on
25  the school bus from riding the school bus, pursuant to
26  subsections (b-15) and (b-20) of this Section, and no action

 

 

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1  shall lie against them for such suspension. The board may by
2  policy authorize the superintendent of the district or the
3  principal, assistant principal, or dean of students of any
4  school to suspend students guilty of such acts for a period not
5  to exceed 10 school days. If a student is suspended due to
6  gross disobedience or misconduct on a school bus, the board
7  may suspend the student in excess of 10 school days for safety
8  reasons.
9  Any suspension shall be reported immediately to the
10  parents or guardians of a student along with a full statement
11  of the reasons for such suspension and a notice of their right
12  to a review. The school board must be given a summary of the
13  notice, including the reason for the suspension and the
14  suspension length. Upon request of the parents or guardians,
15  the school board or a hearing officer appointed by it shall
16  review such action of the superintendent or principal,
17  assistant principal, or dean of students. At such review, the
18  parents or guardians of the student may appear and discuss the
19  suspension with the board or its hearing officer. If a hearing
20  officer is appointed by the board, he shall report to the board
21  a written summary of the evidence heard at the meeting. After
22  its hearing or upon receipt of the written report of its
23  hearing officer, the board may take such action as it finds
24  appropriate. If a student is suspended pursuant to this
25  subsection (b), the board shall, in the written suspension
26  decision, detail the specific act of gross disobedience or

 

 

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1  misconduct resulting in the decision to suspend. The
2  suspension decision shall also include a rationale as to the
3  specific duration of the suspension.
4  (b-5) Among the many possible disciplinary interventions
5  and consequences available to school officials, school
6  exclusions, such as out-of-school suspensions and expulsions,
7  are the most serious. School officials shall limit the number
8  and duration of expulsions and suspensions to the greatest
9  extent practicable, and it is recommended that they use them
10  only for legitimate educational purposes. To ensure that
11  students are not excluded from school unnecessarily, it is
12  recommended that school officials consider forms of
13  non-exclusionary discipline prior to using out-of-school
14  suspensions or expulsions.
15  (b-10) Unless otherwise required by federal law or this
16  Code, school boards may not institute zero-tolerance policies
17  by which school administrators are required to suspend or
18  expel students for particular behaviors.
19  (b-15) Out-of-school suspensions of 3 days or less may be
20  used only if the student's continuing presence in school would
21  pose a threat to school safety or a disruption to other
22  students' learning opportunities. For purposes of this
23  subsection (b-15), "threat to school safety or a disruption to
24  other students' learning opportunities" shall be determined on
25  a case-by-case basis by the school board or its designee.
26  School officials shall make all reasonable efforts to resolve

 

 

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1  such threats, address such disruptions, and minimize the
2  length of suspensions to the greatest extent practicable.
3  (b-20) Unless otherwise required by this Code,
4  out-of-school suspensions of longer than 3 days, expulsions,
5  and disciplinary removals to alternative schools may be used
6  only if other appropriate and available behavioral and
7  disciplinary interventions have been exhausted and the
8  student's continuing presence in school would either (i) pose
9  a threat to the safety of other students, staff, or members of
10  the school community or (ii) substantially disrupt, impede, or
11  interfere with the operation of the school. For purposes of
12  this subsection (b-20), "threat to the safety of other
13  students, staff, or members of the school community" and
14  "substantially disrupt, impede, or interfere with the
15  operation of the school" shall be determined on a case-by-case
16  basis by school officials. For purposes of this subsection
17  (b-20), the determination of whether "appropriate and
18  available behavioral and disciplinary interventions have been
19  exhausted" shall be made by school officials. School officials
20  shall make all reasonable efforts to resolve such threats,
21  address such disruptions, and minimize the length of student
22  exclusions to the greatest extent practicable. Within the
23  suspension decision described in subsection (b) of this
24  Section or the expulsion decision described in subsection (a)
25  of this Section, it shall be documented whether other
26  interventions were attempted or whether it was determined that

 

 

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1  there were no other appropriate and available interventions.
2  (b-25) Students who are suspended out-of-school for longer
3  than 3 school days shall be provided appropriate and available
4  support services during the period of their suspension. For
5  purposes of this subsection (b-25), "appropriate and available
6  support services" shall be determined by school authorities.
7  Within the suspension decision described in subsection (b) of
8  this Section, it shall be documented whether such services are
9  to be provided or whether it was determined that there are no
10  such appropriate and available services.
11  A school district may refer students who are expelled to
12  appropriate and available support services.
13  A school district shall create a policy to facilitate the
14  re-engagement of students who are suspended out-of-school,
15  expelled, or returning from an alternative school setting. In
16  consultation with stakeholders deemed appropriate by the State
17  Board of Education, the State Board of Education shall draft
18  and publish guidance for the re-engagement of students who are
19  suspended out-of-school, expelled, or returning from an
20  alternative school setting in accordance with this Section and
21  Section 13A-4 on or before July 1, 2025.
22  (b-30) A school district shall create a policy by which
23  suspended students, including those students suspended from
24  the school bus who do not have alternate transportation to
25  school, shall have the opportunity to make up work for
26  equivalent academic credit. It shall be the responsibility of

 

 

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1  a student's parents or guardians to notify school officials
2  that a student suspended from the school bus does not have
3  alternate transportation to school.
4  (b-35) In all suspension review hearings conducted under
5  subsection (b) or expulsion hearings conducted under
6  subsection (a), a student may disclose any factor to be
7  considered in mitigation, including his or her status as a
8  parent, expectant parent, or victim of domestic or sexual
9  violence, as defined in Article 26A. A representative of the
10  parent's or guardian's choice, or of the student's choice if
11  emancipated, must be permitted to represent the student
12  throughout the proceedings and to address the school board or
13  its appointed hearing officer. With the approval of the
14  student's parent or guardian, or of the student if
15  emancipated, a support person must be permitted to accompany
16  the student to any disciplinary hearings or proceedings. The
17  representative or support person must comply with any rules of
18  the school district's hearing process. If the representative
19  or support person violates the rules or engages in behavior or
20  advocacy that harasses, abuses, or intimidates either party, a
21  witness, or anyone else in attendance at the hearing, the
22  representative or support person may be prohibited from
23  further participation in the hearing or proceeding. A
24  suspension or expulsion proceeding under this subsection
25  (b-35) must be conducted independently from any ongoing
26  criminal investigation or proceeding, and an absence of

 

 

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1  pending or possible criminal charges, criminal investigations,
2  or proceedings may not be a factor in school disciplinary
3  decisions.
4  (b-40) During a suspension review hearing conducted under
5  subsection (b) or an expulsion hearing conducted under
6  subsection (a) that involves allegations of sexual violence by
7  the student who is subject to discipline, neither the student
8  nor his or her representative shall directly question nor have
9  direct contact with the alleged victim. The student who is
10  subject to discipline or his or her representative may, at the
11  discretion and direction of the school board or its appointed
12  hearing officer, suggest questions to be posed by the school
13  board or its appointed hearing officer to the alleged victim.
14  (c) A school board must invite a representative from a
15  local mental health agency to consult with the board at the
16  meeting whenever there is evidence that mental illness may be
17  the cause of a student's expulsion or suspension.
18  (c-5) School districts shall make reasonable efforts to
19  provide ongoing professional development to all school
20  personnel, school board members, and school resource officers
21  on the requirements of this Section and Section 10-20.14, the
22  adverse consequences of school exclusion and justice-system
23  involvement, effective classroom management strategies,
24  culturally responsive discipline, trauma-responsive learning
25  environments, as defined in subsection (b) of Section 3-11,
26  the appropriate and available supportive services for the

 

 

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1  promotion of student attendance and engagement, and
2  developmentally appropriate disciplinary methods that promote
3  positive and healthy school climates.
4  (d) The board may expel a student for a definite period of
5  time not to exceed 2 calendar years, as determined on a
6  case-by-case basis. A student who is determined to have
7  brought one of the following objects to school, any
8  school-sponsored activity or event, or any activity or event
9  that bears a reasonable relationship to school shall be
10  expelled for a period of not less than one year:
11  (1) A firearm. For the purposes of this Section,
12  "firearm" means any gun, rifle, shotgun, weapon as defined
13  by Section 921 of Title 18 of the United States Code,
14  firearm as defined in Section 1.1 of the Firearm Owners
15  Identification Card Act, or firearm as defined in Section
16  24-1 of the Criminal Code of 2012. The expulsion period
17  under this subdivision (1) may be modified by the
18  superintendent, and the superintendent's determination may
19  be modified by the board on a case-by-case basis.
20  (2) A knife, brass knuckles or other knuckle weapon
21  regardless of its composition, a billy club, or any other
22  object if used or attempted to be used to cause bodily
23  harm, including "look alikes" of any firearm as defined in
24  subdivision (1) of this subsection (d). The expulsion
25  requirement under this subdivision (2) may be modified by
26  the superintendent, and the superintendent's determination

 

 

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1  may be modified by the board on a case-by-case basis.
2  Expulsion or suspension shall be construed in a manner
3  consistent with the federal Individuals with Disabilities
4  Education Act. A student who is subject to suspension or
5  expulsion as provided in this Section may be eligible for a
6  transfer to an alternative school program in accordance with
7  Article 13A of the School Code.
8  (d-5) The board may suspend or by regulation authorize the
9  superintendent of the district or the principal, assistant
10  principal, or dean of students of any school to suspend a
11  student for a period not to exceed 10 school days or may expel
12  a student for a definite period of time not to exceed 2
13  calendar years, as determined on a case-by-case basis, if (i)
14  that student has been determined to have made an explicit
15  threat on an Internet website against a school employee, a
16  student, or any school-related personnel, (ii) the Internet
17  website through which the threat was made is a site that was
18  accessible within the school at the time the threat was made or
19  was available to third parties who worked or studied within
20  the school grounds at the time the threat was made, and (iii)
21  the threat could be reasonably interpreted as threatening to
22  the safety and security of the threatened individual because
23  of the individual's duties or employment status or status as a
24  student inside the school.
25  (e) To maintain order and security in the schools, school
26  authorities may inspect and search places and areas such as

 

 

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1  lockers, desks, parking lots, and other school property and
2  equipment owned or controlled by the school, as well as
3  personal effects left in those places and areas by students,
4  without notice to or the consent of the student, and without a
5  search warrant. As a matter of public policy, the General
6  Assembly finds that students have no reasonable expectation of
7  privacy in these places and areas or in their personal effects
8  left in these places and areas. School authorities may request
9  the assistance of law enforcement officials for the purpose of
10  conducting inspections and searches of lockers, desks, parking
11  lots, and other school property and equipment owned or
12  controlled by the school for illegal drugs, weapons, or other
13  illegal or dangerous substances or materials, including
14  searches conducted through the use of specially trained dogs.
15  If a search conducted in accordance with this Section produces
16  evidence that the student has violated or is violating either
17  the law, local ordinance, or the school's policies or rules,
18  such evidence may be seized by school authorities, and
19  disciplinary action may be taken. School authorities may also
20  turn over such evidence to law enforcement authorities.
21  (f) Suspension or expulsion may include suspension or
22  expulsion from school and all school activities and a
23  prohibition from being present on school grounds.
24  (g) A school district may adopt a policy providing that if
25  a student is suspended or expelled for any reason from any
26  public or private school in this or any other state, the

 

 

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1  student must complete the entire term of the suspension or
2  expulsion in an alternative school program under Article 13A
3  of this Code or an alternative learning opportunities program
4  under Article 13B of this Code before being admitted into the
5  school district if there is no threat to the safety of students
6  or staff in the alternative program. A school district that
7  adopts a policy under this subsection (g) must include a
8  provision allowing for consideration of any mitigating
9  factors, including, but not limited to, a student's status as
10  a parent, expectant parent, or victim of domestic or sexual
11  violence, as defined in Article 26A.
12  (h) School officials shall not advise or encourage
13  students to drop out voluntarily due to behavioral or academic
14  difficulties.
15  (i) In this subsection (i), "municipal code violation"
16  means the violation of a rule or regulation established by a
17  local government authority, authorized by Section 1-2-1 of the
18  Illinois Municipal Code.
19  A student must may not be issued a monetary fine, or fee,
20  ticket, or citation as a school-based disciplinary consequence
21  or for a municipal code violation on school grounds during
22  school hours or while taking school transportation by any
23  person as a disciplinary consequence, though this shall not
24  preclude requiring a student to provide restitution for lost,
25  stolen, or damaged property.
26  This subsection (i) does not modify school disciplinary

 

 

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1  responses under this Section or Section 10-20.14 of this Code
2  that existed before the effective date of this amendatory Act
3  of the 104th General Assembly or responses to alleged
4  delinquent or criminal conduct set forth in this Code, Article
5  V of the Juvenile Court Act of 1987, or the Criminal Code of
6  2012. This subsection (i) does not apply to violations of
7  traffic, boating, or fish and game laws.
8  (j) Subsections (a) through (i) of this Section shall
9  apply to elementary and secondary schools, charter schools,
10  special charter districts, and school districts organized
11  under Article 34 of this Code.
12  (k) Through June 30, 2026, the expulsion of students
13  enrolled in programs funded under Section 1C-2 of this Code is
14  subject to the requirements under paragraph (7) of subsection
15  (a) of Section 2-3.71 of this Code.
16  (k-5) On and after July 1, 2026, the expulsion of children
17  enrolled in programs funded under Section 15-25 of the
18  Department of Early Childhood Act is subject to the
19  requirements of paragraph (7) of subsection (a) of Section
20  15-30 of the Department of Early Childhood Act.
21  (l) An in-school suspension program provided by a school
22  district for any students in kindergarten through grade 12 may
23  focus on promoting non-violent conflict resolution and
24  positive interaction with other students and school personnel.
25  A school district may employ a school social worker or a
26  licensed mental health professional to oversee an in-school

 

 

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1  suspension program in kindergarten through grade 12.
2  (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
3  102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
4  8-9-24; revised 9-25-24.)
5  (105 ILCS 5/26-12)    (from Ch. 122, par. 26-12)
6  Sec. 26-12. Punitive action.
7  (a) No punitive action, including out-of-school
8  suspensions, expulsions, or court action, shall be taken
9  against truant minors for such truancy unless appropriate and
10  available supportive services and other school resources have
11  been provided to the student. Notwithstanding the provisions
12  of Section 10-22.6 of this Code, a truant minor may not be
13  expelled for nonattendance unless he or she has accrued 15
14  consecutive days of absences without valid cause and the
15  student cannot be located by the school district or the school
16  district has located the student but cannot, after exhausting
17  all available supportive services, compel the student to
18  return to school.
19  (b) School personnel A school district may not refer a
20  truant, chronic truant, or truant minor to any other local
21  public entity, as defined under Section 1-206 of the Local
22  Governmental and Governmental Employees Tort Immunity Act,
23  school resource officer, as defined in Section 10-20.68 of
24  this Code, or peace officer, as defined in Section 2-13 of the
25  Criminal Code of 2012, for that local public entity, school

 

 

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1  resource officer, or peace officer to issue the child a fine or
2  a fee as punishment for his or her truancy.
3  (c) A school district may refer any person having custody
4  or control of a truant, chronic truant, or truant minor to any
5  other local public entity, as defined under Section 1-206 of
6  the Local Governmental and Governmental Employees Tort
7  Immunity Act, for that local public entity to issue the person
8  a fine or fee for the child's truancy only if the school
9  district's truant officer, regional office of education, or
10  intermediate service center has been notified of the truant
11  behavior and the school district, regional office of
12  education, or intermediate service center has offered all
13  appropriate and available supportive services and other school
14  resources to the child. Before a school district may refer a
15  person having custody or control of a child to a municipality,
16  as defined under Section 1-1-2 of the Illinois Municipal Code,
17  the school district must provide the following appropriate and
18  available services:
19  (1) For any child who is a homeless child, as defined
20  under Section 1-5 of the Education for Homeless Children
21  Act, a meeting between the child, the person having
22  custody or control of the child, relevant school
23  personnel, and a homeless liaison to discuss any barriers
24  to the child's attendance due to the child's transitional
25  living situation and to construct a plan that removes
26  these barriers.

 

 

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1  (2) For any child with a documented disability, a
2  meeting between the child, the person having custody or
3  control of the child, and relevant school personnel to
4  review the child's current needs and address the
5  appropriateness of the child's placement and services. For
6  any child subject to Article 14 of this Code, this meeting
7  shall be an individualized education program meeting and
8  shall include relevant members of the individualized
9  education program team. For any child with a disability
10  under Section 504 of the federal Rehabilitation Act of
11  1973 (29 U.S.C. 794), this meeting shall be a Section 504
12  plan review and include relevant members of the Section
13  504 plan team.
14  (3) For any child currently being evaluated by a
15  school district for a disability or for whom the school
16  has a basis of knowledge that the child is a child with a
17  disability under 20 U.S.C. 1415(k)(5), the completion of
18  the evaluation and determination of the child's
19  eligibility for special education services.
20  (d) Before a school district may refer a person having
21  custody or control of a child to a local public entity under
22  this Section, the school district must document any
23  appropriate and available supportive services offered to the
24  child. In the event a meeting under this Section does not
25  occur, a school district must have documentation that it made
26  reasonable efforts to convene the meeting at a mutually

 

 

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1  convenient time and date for the school district and the
2  person having custody or control of the child and, but for the
3  conduct of that person, the meeting would have occurred.
4  (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
5  101-81, eff. 7-12-19.)
6  Section 95. No acceleration or delay. Where this Act makes
7  changes in a statute that is represented in this Act by text
8  that is not yet or no longer in effect (for example, a Section
9  represented by multiple versions), the use of that text does
10  not accelerate or delay the taking effect of (i) the changes
11  made by this Act or (ii) provisions derived from any other
12  Public Act.
13  Section 99. Effective date. This Act takes effect upon
14  becoming law.

 

 

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