Bill Amendment: IL SB0578 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0578 Detail]
Download: Illinois-2015-SB0578-Senate_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0578 Detail]
Download: Illinois-2015-SB0578-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 578
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2 | AMENDMENT NO. ______. Amend Senate Bill 578 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 10-22.6 as follows:
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6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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7 | (Text of Section before amendment by P.A. 99-456 ) | ||||||
8 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
9 | searches.
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10 | (a) To expel pupils guilty of gross disobedience or | ||||||
11 | misconduct, including gross disobedience or misconduct | ||||||
12 | perpetuated by electronic means, and
no action shall lie | ||||||
13 | against them for such expulsion. Expulsion shall
take place | ||||||
14 | only after the parents have been requested to appear at a
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15 | meeting of the board, or with a hearing officer appointed by | ||||||
16 | it, to
discuss their child's behavior. Such request shall be |
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1 | made by registered
or certified mail and shall state the time, | ||||||
2 | place and purpose of the
meeting. The board, or a hearing | ||||||
3 | officer appointed by it, at such
meeting shall state the | ||||||
4 | reasons for dismissal and the date on which the
expulsion is to | ||||||
5 | become effective. If a hearing officer is appointed by
the | ||||||
6 | board he shall report to the board a written summary of the | ||||||
7 | evidence
heard at the meeting and the board may take such | ||||||
8 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
9 | be immediately transferred to an alternative program in the | ||||||
10 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
11 | must not be denied transfer because of the expulsion, except in | ||||||
12 | cases in which such transfer is deemed to cause a threat to the | ||||||
13 | safety of students or staff in the alternative program.
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14 | (b) To suspend or by policy to authorize the superintendent | ||||||
15 | of
the district or the principal, assistant principal, or dean | ||||||
16 | of students
of any school to suspend pupils guilty of gross | ||||||
17 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
18 | gross disobedience or misconduct on the school bus
from riding | ||||||
19 | the school bus, and no action
shall lie against them for such | ||||||
20 | suspension. The board may by policy
authorize the | ||||||
21 | superintendent of the district or the principal, assistant
| ||||||
22 | principal, or dean of students of any
school to suspend pupils | ||||||
23 | guilty of such acts for a period not to exceed
10 school days. | ||||||
24 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
25 | on a school bus, the board may suspend the pupil in excess of | ||||||
26 | 10
school
days for safety reasons. Any suspension shall be |
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1 | reported immediately to the
parents or guardian of such pupil | ||||||
2 | along with a full statement of the
reasons for such suspension | ||||||
3 | and a notice of their right to a review. The school board must | ||||||
4 | be given a summary of the notice, including the reason for the | ||||||
5 | suspension and the suspension length. Upon request of the
| ||||||
6 | parents or guardian the school board or a hearing officer | ||||||
7 | appointed by
it shall review such action of the superintendent | ||||||
8 | or principal, assistant
principal, or dean of students. At such
| ||||||
9 | review the parents or guardian of the pupil may appear and | ||||||
10 | discuss the
suspension with the board or its hearing officer. | ||||||
11 | If a hearing officer
is appointed by the board he shall report | ||||||
12 | to the board a written summary
of the evidence heard at the | ||||||
13 | meeting. After its hearing or upon receipt
of the written | ||||||
14 | report of its hearing officer, the board may take such
action | ||||||
15 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
16 | 20 school days may be immediately transferred to an alternative | ||||||
17 | program in the manner provided in Article 13A or 13B of this | ||||||
18 | Code. A pupil must not be denied transfer because of the | ||||||
19 | suspension, except in cases in which such transfer is deemed to | ||||||
20 | cause a threat to the safety of students or staff in the | ||||||
21 | alternative program.
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22 | (c) The Department of Human Services
shall be invited to | ||||||
23 | send a representative to consult with the board at
such meeting | ||||||
24 | whenever there is evidence that mental illness may be the
cause | ||||||
25 | for expulsion or suspension.
| ||||||
26 | (d) The board may expel a student for a definite period of |
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1 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
2 | case basis.
A student who
is determined to have brought one of | ||||||
3 | the following objects to school, any school-sponsored activity
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4 | or event, or any activity or event that bears a reasonable | ||||||
5 | relationship to school shall be expelled for a period of not | ||||||
6 | less than
one year: | ||||||
7 | (1) A firearm. For the purposes of this Section, | ||||||
8 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
9 | by Section 921 of Title 18 of the United States Code, | ||||||
10 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
11 | Identification Card Act, or firearm as defined in Section | ||||||
12 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
13 | under this subdivision (1) may be modified by the | ||||||
14 | superintendent, and the superintendent's determination may | ||||||
15 | be modified by the board on a case-by-case basis. | ||||||
16 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
17 | regardless of its composition, a billy club, or any other | ||||||
18 | object if used or attempted to be used to cause bodily | ||||||
19 | harm, including "look alikes" of any firearm as defined in | ||||||
20 | subdivision (1) of this subsection (d). The expulsion | ||||||
21 | requirement under this subdivision (2) may be modified by | ||||||
22 | the superintendent, and the superintendent's determination | ||||||
23 | may be modified by the board on a case-by-case basis. | ||||||
24 | Expulsion
or suspension
shall be construed in a
manner | ||||||
25 | consistent with the Federal Individuals with Disabilities | ||||||
26 | Education
Act. A student who is subject to suspension or |
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1 | expulsion as provided in this
Section may be eligible for a | ||||||
2 | transfer to an alternative school program in
accordance with | ||||||
3 | Article 13A of the School Code. The provisions of this
| ||||||
4 | subsection (d) apply in all school districts,
including special | ||||||
5 | charter districts and districts organized under Article 34.
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6 | (d-5) The board may suspend or by regulation
authorize the | ||||||
7 | superintendent of the district or the principal, assistant
| ||||||
8 | principal, or dean of students of any
school to suspend a | ||||||
9 | student for a period not to exceed
10 school days or may expel | ||||||
10 | a student for a definite period of time not to
exceed 2 | ||||||
11 | calendar years, as determined on a case by case basis, if (i) | ||||||
12 | that student has been determined to have made an explicit | ||||||
13 | threat on an Internet website against a school employee, a | ||||||
14 | student, or any school-related personnel, (ii) the Internet | ||||||
15 | website through which the threat was made is a site that was | ||||||
16 | accessible within the school at the time the threat was made or | ||||||
17 | was available to third parties who worked or studied within the | ||||||
18 | school grounds at the time the threat was made, and (iii) the | ||||||
19 | threat could be reasonably interpreted as threatening to the | ||||||
20 | safety and security of the threatened individual because of his | ||||||
21 | or her duties or employment status or status as a student | ||||||
22 | inside the school. The provisions of this
subsection (d-5) | ||||||
23 | apply in all school districts,
including special charter | ||||||
24 | districts and districts organized under Article 34 of this | ||||||
25 | Code.
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26 | (e) To maintain order and security in the schools, school |
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1 | authorities may
inspect and search places and areas such as | ||||||
2 | lockers, desks, parking lots, and
other school property and | ||||||
3 | equipment owned or controlled by the school, as well
as | ||||||
4 | personal effects left in those places and areas by students, | ||||||
5 | without notice
to or the consent of the student, and without a | ||||||
6 | search warrant. As a matter of
public policy, the General | ||||||
7 | Assembly finds that students have no reasonable
expectation of | ||||||
8 | privacy in these places and areas or in their personal effects
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9 | left in these places and areas. School authorities may request | ||||||
10 | the assistance
of law enforcement officials for the purpose of | ||||||
11 | conducting inspections and
searches of lockers, desks, parking | ||||||
12 | lots, and other school property and
equipment owned or | ||||||
13 | controlled by the school for illegal drugs, weapons, or
other
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14 | illegal or dangerous substances or materials, including | ||||||
15 | searches conducted
through the use of specially trained dogs. | ||||||
16 | If a search conducted in accordance
with this Section produces | ||||||
17 | evidence that the student has violated or is
violating either | ||||||
18 | the law, local ordinance, or the school's policies or rules,
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19 | such evidence may be seized by school authorities, and | ||||||
20 | disciplinary action may
be taken. School authorities may also | ||||||
21 | turn over such evidence to law
enforcement authorities. The | ||||||
22 | provisions of this subsection (e) apply in all
school | ||||||
23 | districts, including special charter districts and districts | ||||||
24 | organized
under Article 34.
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25 | (f) Suspension or expulsion may include suspension or | ||||||
26 | expulsion from
school and all school activities and a |
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1 | prohibition from being present on school
grounds.
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2 | (g) A school district may adopt a policy providing that if | ||||||
3 | a student
is suspended or expelled for any reason from any | ||||||
4 | public or private school
in this or any other state, the | ||||||
5 | student must complete the entire term of
the suspension or | ||||||
6 | expulsion in an alternative school program under Article 13A of | ||||||
7 | this Code or an alternative learning opportunities program | ||||||
8 | under Article 13B of this Code before being admitted into the | ||||||
9 | school
district if there is no threat to the safety of students | ||||||
10 | or staff in the alternative program. This subsection (g) | ||||||
11 | applies to
all school districts, including special charter | ||||||
12 | districts and districts
organized under Article 34 of this | ||||||
13 | Code.
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14 | (i-5) The General Assembly recognizes that (i) many K-12 | ||||||
15 | students around the State are arrested in school and sent into | ||||||
16 | the justice system, often for minor offenses that do not pose a | ||||||
17 | serious threat to school safety; (ii) many schools across the | ||||||
18 | State have become overly reliant on law enforcement personnel | ||||||
19 | to handle routine school disciplinary matters; (iii) many | ||||||
20 | student behaviors that result in arrest in some schools are | ||||||
21 | addressed without involving the justice system in others; (iv) | ||||||
22 | the over-criminalization of K-12 students has had significant | ||||||
23 | negative consequences for students, families, and entire | ||||||
24 | communities; (v) these dynamics, known as the | ||||||
25 | "school-to-prison pipeline", have disproportionately affected | ||||||
26 | students of color; (vi) these practices impose substantial |
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1 | economic costs on both localities and the State overall; (vii) | ||||||
2 | the use of school-based law enforcement has not been proven | ||||||
3 | effective as a strategy to promote safe and productive schools; | ||||||
4 | and (viii) eliminating unnecessary school-based arrests and | ||||||
5 | law enforcement presence in school while promoting the use of | ||||||
6 | developmentally appropriate alternatives will protect school | ||||||
7 | safety, improve school climate, raise academic achievement, | ||||||
8 | and save taxpayer dollars. | ||||||
9 | A student may not be arrested or otherwise cited for a | ||||||
10 | criminal offense committed during school hours while on school | ||||||
11 | grounds, in school vehicles, or at school activities or | ||||||
12 | sanctioned events unless: | ||||||
13 | (1) the offense would constitute a felony, if committed | ||||||
14 | outside of the school setting, in one of the classes | ||||||
15 | defined in the Criminal Code of 2012; | ||||||
16 | (2) the offense involved an act of physical violence | ||||||
17 | against another person that resulted in a serious bodily | ||||||
18 | injury to that person, and the arrest of the student is | ||||||
19 | necessary to avoid an ongoing threat to the physical safety | ||||||
20 | of other members of the school community; | ||||||
21 | (3) the offense involved the use of a firearm; or | ||||||
22 | (4) the offense involved an act of criminal sexual | ||||||
23 | abuse. | ||||||
24 | While the option to use justice-system interventions is | ||||||
25 | available under these conditions, they shall only be used as a | ||||||
26 | last resort, when there are no other options for safely and |
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1 | appropriately handling the situation. | ||||||
2 | School employees and officials retain their authority and | ||||||
3 | discretion under law to address offenses not specified within | ||||||
4 | items (1) through (4) of this subsection (i-5) through the | ||||||
5 | school disciplinary process. Nothing in this subsection (i-5) | ||||||
6 | shall limit the rights and duties of teachers, school | ||||||
7 | administrators, other school district employees, and law | ||||||
8 | enforcement officers to report and respond to criminal conduct | ||||||
9 | by any individual who is not a student under the school | ||||||
10 | district's jurisdiction. | ||||||
11 | Because of the General Assembly's concerns related to the | ||||||
12 | over-policing of students, school districts are encouraged to | ||||||
13 | reallocate funding for school-based law enforcement personnel | ||||||
14 | in some or all of their schools to other evidence-based and | ||||||
15 | promising practices designed to promote school safety and | ||||||
16 | healthy learning environments, including, but not limited to: | ||||||
17 | restorative justice programs; increased use of school | ||||||
18 | psychologists, social workers, and other mental and behavioral | ||||||
19 | health specialists; drug and alcohol treatment services; | ||||||
20 | wraparound services for youth; and training for school staff on | ||||||
21 | conflict resolution techniques and other disciplinary | ||||||
22 | alternatives. | ||||||
23 | This subsection (i-5) shall apply to each elementary and | ||||||
24 | secondary school, charter school, special charter district, | ||||||
25 | and district organized under Article 34 of this Code. | ||||||
26 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
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1 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
2 | 97-1150, eff. 1-25-13.)
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3 | (Text of Section after amendment by P.A. 99-456 ) | ||||||
4 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
5 | searches.
| ||||||
6 | (a) To expel pupils guilty of gross disobedience or | ||||||
7 | misconduct, including gross disobedience or misconduct | ||||||
8 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
9 | of this Section, and
no action shall lie against them for such | ||||||
10 | expulsion. Expulsion shall
take place only after the parents | ||||||
11 | have been requested to appear at a
meeting of the board, or | ||||||
12 | with a hearing officer appointed by it, to
discuss their | ||||||
13 | child's behavior. Such request shall be made by registered
or | ||||||
14 | certified mail and shall state the time, place and purpose of | ||||||
15 | the
meeting. The board, or a hearing officer appointed by it, | ||||||
16 | at such
meeting shall state the reasons for dismissal and the | ||||||
17 | date on which the
expulsion is to become effective. If a | ||||||
18 | hearing officer is appointed by
the board he shall report to | ||||||
19 | the board a written summary of the evidence
heard at the | ||||||
20 | meeting and the board may take such action thereon as it
finds | ||||||
21 | appropriate. If the board acts to expel a pupil, the written | ||||||
22 | expulsion decision shall detail the specific reasons why | ||||||
23 | removing the pupil from the learning environment is in the best | ||||||
24 | interest of the school. The expulsion decision shall also | ||||||
25 | include a rationale as to the specific duration of the |
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| |||||||
1 | expulsion. An expelled pupil may be immediately transferred to | ||||||
2 | an alternative program in the manner provided in Article 13A or | ||||||
3 | 13B of this Code. A pupil must not be denied transfer because | ||||||
4 | of the expulsion, except in cases in which such transfer is | ||||||
5 | deemed to cause a threat to the safety of students or staff in | ||||||
6 | the alternative program.
| ||||||
7 | (b) To suspend or by policy to authorize the superintendent | ||||||
8 | of
the district or the principal, assistant principal, or dean | ||||||
9 | of students
of any school to suspend pupils guilty of gross | ||||||
10 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
11 | gross disobedience or misconduct on the school bus
from riding | ||||||
12 | the school bus, pursuant to subsections (b-15) and (b-20) of | ||||||
13 | this Section, and no action
shall lie against them for such | ||||||
14 | suspension. The board may by policy
authorize the | ||||||
15 | superintendent of the district or the principal, assistant
| ||||||
16 | principal, or dean of students of any
school to suspend pupils | ||||||
17 | guilty of such acts for a period not to exceed
10 school days. | ||||||
18 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
19 | on a school bus, the board may suspend the pupil in excess of | ||||||
20 | 10
school
days for safety reasons. | ||||||
21 | Any suspension shall be reported immediately to the
| ||||||
22 | parents or guardian of a pupil 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 the |
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1 | school board or a hearing officer appointed by
it shall review | ||||||
2 | such action of the superintendent or principal, assistant
| ||||||
3 | principal, or dean of students. At such
review the parents or | ||||||
4 | guardian of the pupil may appear and discuss the
suspension | ||||||
5 | with the board or its hearing officer. If a hearing officer
is | ||||||
6 | appointed by the board he shall report to the board a written | ||||||
7 | summary
of the evidence heard at the meeting. After its hearing | ||||||
8 | or upon receipt
of the written report of its hearing officer, | ||||||
9 | the board may take such
action as it finds appropriate. If a | ||||||
10 | student is suspended pursuant to this subsection (b), the board | ||||||
11 | shall, in the written suspension decision, detail the specific | ||||||
12 | act of gross disobedience or misconduct resulting in the | ||||||
13 | decision to suspend. The suspension decision shall also include | ||||||
14 | a rationale as to the specific duration of the suspension. A | ||||||
15 | pupil who is suspended in excess of 20 school days may be | ||||||
16 | immediately transferred to an alternative program in the manner | ||||||
17 | provided in Article 13A or 13B of this Code. A pupil must not | ||||||
18 | be denied transfer because of the suspension, except in cases | ||||||
19 | in which such transfer is deemed to cause a threat to the | ||||||
20 | safety of students or staff in the alternative program.
| ||||||
21 | (b-5) Among the many possible disciplinary interventions | ||||||
22 | and consequences available to school officials, school | ||||||
23 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
24 | are the most serious. School officials shall limit the number | ||||||
25 | and duration of expulsions and suspensions to the greatest | ||||||
26 | extent practicable, and it is recommended that they use them |
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1 | only for legitimate educational purposes. To ensure that | ||||||
2 | students are not excluded from school unnecessarily, it is | ||||||
3 | recommended that school officials consider forms of | ||||||
4 | non-exclusionary discipline prior to using out-of-school | ||||||
5 | suspensions or expulsions. | ||||||
6 | (b-10) Unless otherwise required by federal law or this | ||||||
7 | Code, school boards may not institute zero-tolerance policies | ||||||
8 | by which school administrators are required to suspend or expel | ||||||
9 | students for particular behaviors. | ||||||
10 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
11 | used only if the student's continuing presence in school would | ||||||
12 | pose a threat to school safety or a disruption to other | ||||||
13 | students' learning opportunities. For purposes of this | ||||||
14 | subsection (b-15), "threat to school safety or a disruption to | ||||||
15 | other students' learning opportunities" shall be determined on | ||||||
16 | a case-by-case basis by the school board or its designee. | ||||||
17 | School officials shall make all reasonable efforts to resolve | ||||||
18 | such threats, address such disruptions, and minimize the length | ||||||
19 | of suspensions to the greatest extent practicable. | ||||||
20 | (b-20) Unless otherwise required by this Code, | ||||||
21 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
22 | and disciplinary removals to alternative schools may be used | ||||||
23 | only if other appropriate and available behavioral and | ||||||
24 | disciplinary interventions have been exhausted and the | ||||||
25 | student's continuing presence in school would either (i) pose a
| ||||||
26 | threat to the safety of other students, staff, or members of
|
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| |||||||
1 | the school community or (ii) substantially disrupt, impede, or
| ||||||
2 | interfere with the operation of the school. For purposes of | ||||||
3 | this subsection (b-20), "threat to the safety of other | ||||||
4 | students, staff, or members of the school community" and | ||||||
5 | "substantially disrupt, impede, or interfere with the | ||||||
6 | operation of the school" shall be determined on a case-by-case | ||||||
7 | basis by school officials. For purposes of this subsection | ||||||
8 | (b-20), the determination of whether "appropriate and | ||||||
9 | available behavioral and disciplinary interventions have been | ||||||
10 | exhausted" shall be made by school officials. School officials | ||||||
11 | shall make all reasonable efforts to resolve such threats, | ||||||
12 | address such disruptions, and minimize the length of student | ||||||
13 | exclusions to the greatest extent practicable. Within the | ||||||
14 | suspension decision described in subsection (b) of this Section | ||||||
15 | or the expulsion decision described in subsection (a) of this | ||||||
16 | Section, it shall be documented whether other interventions | ||||||
17 | were attempted or whether it was determined that there were no | ||||||
18 | other appropriate and available interventions. | ||||||
19 | (b-25) Students who are suspended out-of-school for longer | ||||||
20 | than 4 school days shall be provided appropriate and available | ||||||
21 | support services during the period of their suspension. For | ||||||
22 | purposes of this subsection (b-25), "appropriate and available | ||||||
23 | support services" shall be determined by school authorities. | ||||||
24 | Within the suspension decision described in subsection (b) of | ||||||
25 | this Section, it shall be documented whether such services are | ||||||
26 | to be provided or whether it was determined that there are no |
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1 | such appropriate and available services. | ||||||
2 | A school district may refer students who are expelled to | ||||||
3 | appropriate and available support services. | ||||||
4 | A school district shall create a policy to facilitate the | ||||||
5 | re-engagement of students who are suspended out-of-school, | ||||||
6 | expelled, or returning from an alternative school setting. | ||||||
7 | (b-30) A school district shall create a policy by which | ||||||
8 | suspended pupils, including those pupils suspended from the | ||||||
9 | school bus who do not have alternate transportation to school, | ||||||
10 | shall have the opportunity to make up work for equivalent | ||||||
11 | academic credit. It shall be the responsibility of a pupil's | ||||||
12 | parent or guardian to notify school officials that a pupil | ||||||
13 | suspended from the school bus does not have alternate | ||||||
14 | transportation to school. | ||||||
15 | (c) The Department of Human Services
shall be invited to | ||||||
16 | send a representative to consult with the board at
such meeting | ||||||
17 | whenever there is evidence that mental illness may be the
cause | ||||||
18 | for expulsion or suspension.
| ||||||
19 | (c-5) School districts shall make reasonable efforts to | ||||||
20 | provide ongoing professional development to teachers, | ||||||
21 | administrators, school board members, school resource | ||||||
22 | officers, and staff on the adverse consequences of school | ||||||
23 | exclusion and justice-system involvement, effective classroom | ||||||
24 | management strategies, culturally responsive discipline, and | ||||||
25 | developmentally appropriate disciplinary methods that promote | ||||||
26 | positive and healthy school climates. |
| |||||||
| |||||||
1 | (d) The board may expel a student for a definite period of | ||||||
2 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
3 | case basis.
A student who
is determined to have brought one of | ||||||
4 | the following objects to school, any school-sponsored activity
| ||||||
5 | or event, or any activity or event that bears a reasonable | ||||||
6 | relationship to school shall be expelled for a period of not | ||||||
7 | less than
one year: | ||||||
8 | (1) A firearm. For the purposes of this Section, | ||||||
9 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
10 | by Section 921 of Title 18 of the United States Code, | ||||||
11 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act, or firearm as defined in Section | ||||||
13 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
14 | under this subdivision (1) may be modified by the | ||||||
15 | superintendent, and the superintendent's determination may | ||||||
16 | be modified by the board on a case-by-case basis. | ||||||
17 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
18 | regardless of its composition, a billy club, or any other | ||||||
19 | object if used or attempted to be used to cause bodily | ||||||
20 | harm, including "look alikes" of any firearm as defined in | ||||||
21 | subdivision (1) of this subsection (d). The expulsion | ||||||
22 | requirement under this subdivision (2) may be modified by | ||||||
23 | the superintendent, and the superintendent's determination | ||||||
24 | may be modified by the board on a case-by-case basis. | ||||||
25 | Expulsion
or suspension
shall be construed in a
manner | ||||||
26 | consistent with the Federal Individuals with Disabilities |
| |||||||
| |||||||
1 | Education
Act. A student who is subject to suspension or | ||||||
2 | expulsion as provided in this
Section may be eligible for a | ||||||
3 | transfer to an alternative school program in
accordance with | ||||||
4 | Article 13A of the School Code.
| ||||||
5 | (d-5) The board may suspend or by regulation
authorize the | ||||||
6 | superintendent of the district or the principal, assistant
| ||||||
7 | principal, or dean of students of any
school to suspend a | ||||||
8 | student for a period not to exceed
10 school days or may expel | ||||||
9 | a student for a definite period of time not to
exceed 2 | ||||||
10 | calendar years, as determined on a case by case basis, if (i) | ||||||
11 | that student has been determined to have made an explicit | ||||||
12 | threat on an Internet website against a school employee, a | ||||||
13 | student, or any school-related personnel, (ii) the Internet | ||||||
14 | website through which the threat was made is a site that was | ||||||
15 | accessible within the school at the time the threat was made or | ||||||
16 | was available to third parties who worked or studied within the | ||||||
17 | school grounds at the time the threat was made, and (iii) the | ||||||
18 | threat could be reasonably interpreted as threatening to the | ||||||
19 | safety and security of the threatened individual because of his | ||||||
20 | or her duties or employment status or status as a student | ||||||
21 | inside the school.
| ||||||
22 | (e) To maintain order and security in the schools, school | ||||||
23 | authorities may
inspect and search places and areas such as | ||||||
24 | lockers, desks, parking lots, and
other school property and | ||||||
25 | equipment owned or controlled by the school, as well
as | ||||||
26 | personal effects left in those places and areas by students, |
| |||||||
| |||||||
1 | without notice
to or the consent of the student, and without a | ||||||
2 | search warrant. As a matter of
public policy, the General | ||||||
3 | Assembly finds that students have no reasonable
expectation of | ||||||
4 | privacy in these places and areas or in their personal effects
| ||||||
5 | left in these places and areas. School authorities may request | ||||||
6 | the assistance
of law enforcement officials for the purpose of | ||||||
7 | conducting inspections and
searches of lockers, desks, parking | ||||||
8 | lots, and other school property and
equipment owned or | ||||||
9 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
10 | illegal or dangerous substances or materials, including | ||||||
11 | searches conducted
through the use of specially trained dogs. | ||||||
12 | If a search conducted in accordance
with this Section produces | ||||||
13 | evidence that the student has violated or is
violating either | ||||||
14 | the law, local ordinance, or the school's policies or rules,
| ||||||
15 | such evidence may be seized by school authorities, and | ||||||
16 | disciplinary action may
be taken. School authorities may also | ||||||
17 | turn over such evidence to law
enforcement authorities.
| ||||||
18 | (f) Suspension or expulsion may include suspension or | ||||||
19 | expulsion from
school and all school activities and a | ||||||
20 | prohibition from being present on school
grounds.
| ||||||
21 | (g) A school district may adopt a policy providing that if | ||||||
22 | a student
is suspended or expelled for any reason from any | ||||||
23 | public or private school
in this or any other state, the | ||||||
24 | student must complete the entire term of
the suspension or | ||||||
25 | expulsion in an alternative school program under Article 13A of | ||||||
26 | this Code or an alternative learning opportunities program |
| |||||||
| |||||||
1 | under Article 13B of this Code before being admitted into the | ||||||
2 | school
district if there is no threat to the safety of students | ||||||
3 | or staff in the alternative program.
| ||||||
4 | (h) School officials shall not advise or encourage students | ||||||
5 | to drop out voluntarily due to behavioral or academic | ||||||
6 | difficulties. | ||||||
7 | (i) A student may not be issued a monetary fine or fee as a | ||||||
8 | disciplinary consequence, though this shall not preclude | ||||||
9 | requiring a student to provide restitution for lost, stolen, or | ||||||
10 | damaged property. | ||||||
11 | (i-5) The General Assembly recognizes that (i) many K-12 | ||||||
12 | students around the State are arrested in school and sent into | ||||||
13 | the justice system, often for minor offenses that do not pose a | ||||||
14 | serious threat to school safety; (ii) many schools across the | ||||||
15 | State have become overly reliant on law enforcement personnel | ||||||
16 | to handle routine school disciplinary matters; (iii) many | ||||||
17 | student behaviors that result in arrest in some schools are | ||||||
18 | addressed without involving the justice system in others; (iv) | ||||||
19 | the over-criminalization of K-12 students has had significant | ||||||
20 | negative consequences for students, families, and entire | ||||||
21 | communities; (v) these dynamics, known as the | ||||||
22 | "school-to-prison pipeline", have disproportionately affected | ||||||
23 | students of color; (vi) these practices impose substantial | ||||||
24 | economic costs on both localities and the State overall; (vii) | ||||||
25 | the use of school-based law enforcement has not been proven | ||||||
26 | effective as a strategy to promote safe and productive schools; |
| |||||||
| |||||||
1 | and (viii) eliminating unnecessary school-based arrests and | ||||||
2 | law enforcement presence in school while promoting the use of | ||||||
3 | developmentally appropriate alternatives will protect school | ||||||
4 | safety, improve school climate, raise academic achievement, | ||||||
5 | and save taxpayer dollars. | ||||||
6 | A student may not be arrested or otherwise cited for a | ||||||
7 | criminal offense committed during school hours while on school | ||||||
8 | grounds, in school vehicles, or at school activities or | ||||||
9 | sanctioned events unless: | ||||||
10 | (1) the offense would constitute a felony, if committed | ||||||
11 | outside of the school setting, in one of the classes | ||||||
12 | defined in the Criminal Code of 2012; | ||||||
13 | (2) the offense involved an act of physical violence | ||||||
14 | against another person that resulted in a serious bodily | ||||||
15 | injury to that person, and the arrest of the student is | ||||||
16 | necessary to avoid an ongoing threat to the physical safety | ||||||
17 | of other members of the school community; | ||||||
18 | (3) the offense involved the use of a firearm; or | ||||||
19 | (4) the offense involved an act of criminal sexual | ||||||
20 | abuse. | ||||||
21 | While the option to use justice-system interventions is | ||||||
22 | available under these conditions, they shall only be used as a | ||||||
23 | last resort, when there are no other options for safely and | ||||||
24 | appropriately handling the situation. | ||||||
25 | School employees and officials retain their authority and | ||||||
26 | discretion under law to address offenses not specified within |
| |||||||
| |||||||
1 | items (1) through (4) of this subsection (i-5) through the | ||||||
2 | school disciplinary process. Nothing in this subsection (i-5) | ||||||
3 | shall limit the rights and duties of teachers, school | ||||||
4 | administrators, other school district employees, and law | ||||||
5 | enforcement officers to report and respond to criminal conduct | ||||||
6 | by any individual who is not a student under the school | ||||||
7 | district's jurisdiction. | ||||||
8 | Because of the General Assembly's concerns related to the | ||||||
9 | over-policing of students, school districts are encouraged to | ||||||
10 | reallocate funding for school-based law enforcement personnel | ||||||
11 | in some or all of their schools to other evidence-based and | ||||||
12 | promising practices designed to promote school safety and | ||||||
13 | healthy learning environments, including, but not limited to: | ||||||
14 | restorative justice programs; increased use of school | ||||||
15 | psychologists, social workers, and other mental and behavioral | ||||||
16 | health specialists; drug and alcohol treatment services; | ||||||
17 | wraparound services for youth; and training for school staff on | ||||||
18 | conflict resolution techniques and other disciplinary | ||||||
19 | alternatives. | ||||||
20 | (j) Subsections (a) through (i-5) (i) of this Section shall | ||||||
21 | apply to elementary and secondary schools, charter schools, | ||||||
22 | special charter districts, and school districts organized | ||||||
23 | under Article 34 of this Code. | ||||||
24 | (Source: P.A. 99-456, eff. 9-15-16.)
| ||||||
25 | Section 95. No acceleration or delay. Where this Act makes |
| |||||||
| |||||||
1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act.
| ||||||
7 | Section 99. Effective date. This Act takes effect August 1, | ||||||
8 | 2016.".
|