Bill Amendment: IL SB0939 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2026-05-15 - Added Alternate Co-Sponsor Rep. Dan Ugaste [SB0939 Detail]

Download: Illinois-2025-SB0939-Senate_Amendment_001.html

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Sen. Steve McClure

Filed: 4/14/2026

 

 

 

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AMENDMENT TO SENATE BILL 939
AMENDMENT NO. ______. Amend Senate Bill 939 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
10-22.6 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of students; school
searches.
(a) To expel students guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by

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

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

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

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

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

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

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

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

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may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of the individual's duties or employment status or status as a
student inside the school.
(d-10) A student who is determined to have initiated a
sexual assault or an attempted sexual assault, at a school, a

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school-sponsored activity or event, or an activity or event
that bears a reasonable relationship to school, against a
student victim and without the student victim's consent shall
be expelled for a period of not less than one year.
A student who is determined to have initiated sexual
conduct, at a school, a school-sponsored activity or event, or
an activity or event that bears a reasonable relationship to
school, against a student victim, without the student victim's
consent shall be expelled for a period of not less than 6
months.
(1) A student initiates sexual conduct if the student
uses force or a threat of force to make the student victim
perform a nonconsensual sexual act.
(2) A student initiates a sexual assault if the
student uses force or threat of force and commits an act of
sexual penetration on the student victim.
(3) A student initiates an attempted sexual assault
if, with the intent to commit a sexual assault under
paragraph (2), the student commits an act that constitutes
a substantial step toward the commission of a sexual
assault under paragraph (2).
(4) An act is committed without the student victim's
consent if the student victim does not freely agree to
participate in the sexual act or is unable to give knowing
consent because the student victim is unconscious, asleep,
or unaware that the act is occurring; if the student

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victim is impaired by intoxication or drugs; or if the
student victim lacks capacity to consent due to a
disability.
(5) In determining whether or not a student has
initiated sexual conduct, sexual assault, or attempted
sexual assault, or whether to modify an expulsion under
this subsection, the hearing officer, superintendent, and
board shall consider whether the student was unable to
understand the nature of the student's conduct because of
age or disability.
(6) The expulsion requirement in this subsection
(d-10) may be modified by the superintendent, and the
superintendent's determination may be modified by the
board on a case-by-case basis. In reviewing whether to
modify an expulsion under this subsection, the hearing
officer, superintendent, and board shall consider whether
the student was unable to understand the nature of the
student's conduct because of age or disability. Expulsion
under this subsection (d-10) shall be construed in a
manner consistent with the federal Individuals with
Disabilities Education Act and Title IX of the federal
Education Amendments of 1972.
(7) Expulsion under this subsection (d-10) shall
comply with the expulsion procedures set forth in
subsection (a).
(8) A student who is subject to expulsion as provided

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in this subsection (d-10) may be eligible for a transfer
to an alternative school program in accordance with
Article 13A of this Code.
As used in this subsection (d-10), "sexual conduct" and
"sexual penetration" have the meanings given to those terms in
Section 11-0.1 of the Criminal Code of 2012.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and

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disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) In this subsection (i), "municipal code violation"
means the violation of a rule or regulation established by a
local government authority, authorized by Section 1-2-1 of the
Illinois Municipal Code.

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A student must not be issued a monetary fine, fee, ticket,
or citation as a school-based disciplinary consequence or for
a municipal code violation on school grounds during school
hours or while taking school transportation by any person,
though this shall not preclude requiring a student to provide
restitution for lost, stolen, or damaged property.
This subsection (i) does not modify school disciplinary
responses under this Section or Section 10-20.14 of this Code
that existed before the effective date of this amendatory Act
of the 104th General Assembly or responses to alleged
delinquent or criminal conduct set forth in this Code, Article
V of the Juvenile Court Act of 1987, or the Criminal Code of
2012. This subsection (i) does not apply to violations of
traffic, boating, or fish and game laws.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) Through June 30, 2026, the expulsion of students
enrolled in programs funded under Section 1C-2 of this Code is
subject to the requirements under paragraph (7) of subsection
(a) of Section 2-3.71 of this Code.
(k-5) On and after July 1, 2026, the expulsion of children
enrolled in programs funded under Section 15-25 of the
Department of Early Childhood Act is subject to the
requirements of paragraph (7) of subsection (a) of Section

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15-30 of the Department of Early Childhood Act.
(l) An in-school suspension program provided by a school
district for any students in kindergarten through grade 12 may
focus on promoting non-violent conflict resolution and
positive interaction with other students and school personnel.
A school district may employ a school social worker or a
licensed mental health professional to oversee an in-school
suspension program in kindergarten through grade 12.
(Source: P.A. 103-594, eff. 6-25-24; 103-896, eff. 8-9-24;
104-417, eff. 8-15-25; 104-430, eff. 8-20-25.)
Section 99. Effective date. This Act takes effect upon
becoming law.".