Bill Amendment: IL SB1400 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-STUDENT DISCIPLINE
Status: 2024-05-24 - Passed Both Houses [SB1400 Detail]
Download: Illinois-2023-SB1400-Senate_Amendment_003.html
Bill Title: SCH CD-STUDENT DISCIPLINE
Status: 2024-05-24 - Passed Both Houses [SB1400 Detail]
Download: Illinois-2023-SB1400-Senate_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 1400 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1400 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 | ||||||
5 | Sections 10-20.14 and 10-22.6 as follows:
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6 | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) | ||||||
7 | Sec. 10-20.14. Student discipline policies; parent-teacher | ||||||
8 | advisory committee. | ||||||
9 | (a) To establish and maintain a parent-teacher advisory | ||||||
10 | committee to develop with the school board or governing body | ||||||
11 | of a charter school policy guidelines on student pupil | ||||||
12 | discipline, including school searches and bullying prevention | ||||||
13 | as set forth in Section 27-23.7 of this Code. School | ||||||
14 | authorities shall furnish a copy of the policy to the parents | ||||||
15 | or guardian of each student pupil within 15 days after the | ||||||
16 | beginning of the school year, or within 15 days after starting |
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1 | classes for a student pupil who transfers into the district | ||||||
2 | during the school year, and the school board or governing body | ||||||
3 | of a charter school shall require that a school inform its | ||||||
4 | students pupils of the contents of the policy. School boards | ||||||
5 | and the governing bodies of charter schools, along with the | ||||||
6 | parent-teacher advisory committee, must annually review their | ||||||
7 | student pupil discipline policies and , the implementation of | ||||||
8 | those policies , and any other factors related to the safety of | ||||||
9 | their schools, students pupils , and school personnel staff . | ||||||
10 | (a-5) On or before September 15, 2016, each elementary and | ||||||
11 | secondary school and charter school shall, at a minimum, adopt | ||||||
12 | student pupil discipline policies that fulfill the | ||||||
13 | requirements set forth in this Section, subsections (a) and | ||||||
14 | (b) of Section 10-22.6 of this Code, Section 34-19 of this Code | ||||||
15 | if applicable, and federal and State laws that provide special | ||||||
16 | requirements for the discipline of students with disabilities. | ||||||
17 | (b) The parent-teacher advisory committee in cooperation | ||||||
18 | with local law enforcement agencies shall develop, with the | ||||||
19 | school board, policy guideline procedures to establish and | ||||||
20 | maintain a reciprocal reporting system between the school | ||||||
21 | district and local law enforcement agencies regarding criminal | ||||||
22 | offenses committed by students. School districts are | ||||||
23 | encouraged to create memoranda of understanding with local law | ||||||
24 | enforcement agencies that clearly define law enforcement's | ||||||
25 | role in schools, in accordance with Section 10-22.6 of this | ||||||
26 | Code. In consultation with stakeholders deemed appropriate by |
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1 | the State Board of Education, the State Board of Education | ||||||
2 | shall draft and publish guidance for the development of | ||||||
3 | reciprocal reporting systems in accordance with this Section | ||||||
4 | on or before July 1, 2025. | ||||||
5 | (c) The parent-teacher advisory committee, in cooperation | ||||||
6 | with school bus personnel, shall develop, with the school | ||||||
7 | board, policy guideline procedures to establish and maintain | ||||||
8 | school bus safety procedures. These procedures shall be | ||||||
9 | incorporated into the district's student pupil discipline | ||||||
10 | policy. In consultation with stakeholders deemed appropriate | ||||||
11 | by the State Board of Education, the State Board of Education | ||||||
12 | shall draft and publish guidance for school bus safety | ||||||
13 | procedures in accordance with this Section on or before July | ||||||
14 | 1, 2025. | ||||||
15 | (d) As used in this subsection (d), "evidence-based | ||||||
16 | intervention" means intervention that has demonstrated a | ||||||
17 | statistically significant effect on improving student outcomes | ||||||
18 | as documented in peer-reviewed scholarly journals. | ||||||
19 | The school board, in consultation with the parent-teacher | ||||||
20 | advisory committee and other community-based organizations, | ||||||
21 | must include provisions in the student discipline policy to | ||||||
22 | address students who have demonstrated behaviors that put them | ||||||
23 | at risk for aggressive behavior, including without limitation | ||||||
24 | bullying, as defined in the policy. These provisions must | ||||||
25 | include procedures for notifying parents or legal guardians | ||||||
26 | and early intervention procedures based upon available |
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1 | community-based and district resources. | ||||||
2 | In consultation with behavioral health experts, the State | ||||||
3 | Board of Education shall draft and publish guidance for | ||||||
4 | evidence-based intervention procedures, including examples, in | ||||||
5 | accordance with this Section on or before July 1, 2025. | ||||||
6 | (Source: P.A. 99-456, eff. 9-15-16 .)
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7 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
8 | (Text of Section before amendment by P.A. 102-466 ) | ||||||
9 | Sec. 10-22.6. Suspension or expulsion of students pupils ; | ||||||
10 | school searches. | ||||||
11 | (a) To expel students pupils guilty of gross disobedience | ||||||
12 | or misconduct, including gross disobedience or misconduct | ||||||
13 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
14 | of this Section, and no action shall lie against them for such | ||||||
15 | expulsion. Expulsion shall take place only after the parents | ||||||
16 | have been requested to appear at a meeting of the board, or | ||||||
17 | with a hearing officer appointed by it, to discuss their | ||||||
18 | child's behavior. Such request shall be made by registered or | ||||||
19 | certified mail and shall state the time, place and purpose of | ||||||
20 | the meeting. The board, or a hearing officer appointed by it, | ||||||
21 | at such meeting shall state the reasons for dismissal and the | ||||||
22 | date on which the expulsion is to become effective. If a | ||||||
23 | hearing officer is appointed by the board, the hearing officer | ||||||
24 | he shall report to the board a written summary of the evidence | ||||||
25 | heard at the meeting and the board may take such action thereon |
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1 | as it finds appropriate. If the board acts to expel a student | ||||||
2 | pupil , the written expulsion decision shall detail the | ||||||
3 | specific reasons why removing the student pupil from the | ||||||
4 | learning environment is in the best interest of the school. | ||||||
5 | The expulsion decision shall also include a rationale as to | ||||||
6 | the specific duration of the expulsion. An expelled student | ||||||
7 | pupil may be immediately transferred to an alternative program | ||||||
8 | in the manner provided in Article 13A or 13B of this Code. A | ||||||
9 | student pupil must not be denied transfer because of the | ||||||
10 | expulsion, except in cases in which such transfer is deemed to | ||||||
11 | cause a threat to the safety of students or staff in the | ||||||
12 | alternative program. | ||||||
13 | (b) To suspend or by policy to authorize the | ||||||
14 | superintendent of the district or the principal, assistant | ||||||
15 | principal, or dean of students of any school to suspend | ||||||
16 | students pupils guilty of gross disobedience or misconduct, or | ||||||
17 | to suspend students pupils guilty of gross disobedience or | ||||||
18 | misconduct on the school bus from riding the school bus, | ||||||
19 | pursuant to subsections (b-15) and (b-20) of this Section, and | ||||||
20 | no action shall lie against them for such suspension. The | ||||||
21 | board may by policy authorize the superintendent of the | ||||||
22 | district or the principal, assistant principal, or dean of | ||||||
23 | students of any school to suspend students pupils guilty of | ||||||
24 | such acts for a period not to exceed 10 school days. If a | ||||||
25 | student pupil is suspended due to gross disobedience or | ||||||
26 | misconduct on a school bus, the board may suspend the student |
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1 | pupil in excess of 10 school days for safety reasons. | ||||||
2 | Any suspension shall be reported immediately to the | ||||||
3 | parents or guardian of a student pupil along with a full | ||||||
4 | statement of the reasons for such suspension and a notice of | ||||||
5 | their right to a review. The school board must be given a | ||||||
6 | summary of the notice, including the reason for the suspension | ||||||
7 | and the suspension length. Upon request of the parents or | ||||||
8 | guardian, the school board or a hearing officer appointed by | ||||||
9 | it shall review such action of the superintendent or | ||||||
10 | principal, assistant principal, or dean of students. At such | ||||||
11 | review, the parents or guardian of the student pupil may | ||||||
12 | appear and discuss the suspension with the board or its | ||||||
13 | hearing officer. If a hearing officer is appointed by the | ||||||
14 | board, he shall report to the board a written summary of the | ||||||
15 | evidence heard at the meeting. After its hearing or upon | ||||||
16 | receipt of the written report of its hearing officer, the | ||||||
17 | board may take such action as it finds appropriate. If a | ||||||
18 | student is suspended pursuant to this subsection (b), the | ||||||
19 | board shall, in the written suspension decision, detail the | ||||||
20 | specific act of gross disobedience or misconduct resulting in | ||||||
21 | the decision to suspend. The suspension decision shall also | ||||||
22 | include a rationale as to the specific duration of the | ||||||
23 | suspension. A pupil who is suspended in excess of 20 school | ||||||
24 | days may be immediately transferred to an alternative program | ||||||
25 | in the manner provided in Article 13A or 13B of this Code. A | ||||||
26 | pupil must not be denied transfer because of the suspension, |
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1 | except in cases in which such transfer is deemed to cause a | ||||||
2 | threat to the safety of students or staff in the alternative | ||||||
3 | program. | ||||||
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 4 school days shall be provided appropriate and | ||||||
4 | available support services during the period of their | ||||||
5 | suspension. For purposes of this subsection (b-25), | ||||||
6 | "appropriate and available support services" shall be | ||||||
7 | determined by school authorities. Within the suspension | ||||||
8 | decision described in subsection (b) of this Section, it shall | ||||||
9 | be documented whether such services are to be provided or | ||||||
10 | whether it was determined that there are no such appropriate | ||||||
11 | and available services. | ||||||
12 | A school district may refer students who are expelled to | ||||||
13 | appropriate and available support services. | ||||||
14 | A school district shall create a policy to facilitate the | ||||||
15 | re-engagement of students who are suspended out-of-school, | ||||||
16 | expelled, or returning from an alternative school setting. In | ||||||
17 | consultation with stakeholders deemed appropriate by the State | ||||||
18 | Board of Education, the State Board of Education shall draft | ||||||
19 | and publish guidance for the re-engagement of students who are | ||||||
20 | suspended out-of-school, expelled, or returning from an | ||||||
21 | alternative school setting in accordance with this Section and | ||||||
22 | Section 13A-4 on or before July 1, 2025. | ||||||
23 | (b-30) A school district shall create a policy by which | ||||||
24 | suspended students pupils , including those students pupils | ||||||
25 | suspended from the school bus who do not have alternate | ||||||
26 | transportation to school, shall have the opportunity to make |
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1 | up work for equivalent academic credit. It shall be the | ||||||
2 | responsibility of a student's pupil's parent or guardian to | ||||||
3 | notify school officials that a student pupil suspended from | ||||||
4 | the school bus does not have alternate transportation to | ||||||
5 | school. | ||||||
6 | (c) A school board must invite a representative from a | ||||||
7 | local mental health agency to consult with the board at the | ||||||
8 | meeting whenever there is evidence that mental illness may be | ||||||
9 | the cause of a student's expulsion or suspension. | ||||||
10 | (c-5) School districts shall make reasonable efforts to | ||||||
11 | provide ongoing professional development to all school | ||||||
12 | personnel teachers, administrators , school board members, and | ||||||
13 | school resource officers, and staff on the requirements of | ||||||
14 | this Section and Section 10-20.14, the adverse consequences of | ||||||
15 | school exclusion and justice-system involvement, effective | ||||||
16 | classroom management strategies, culturally responsive | ||||||
17 | discipline, trauma-responsive learning environments, as | ||||||
18 | defined in subsection (b) of Section 3-11, the appropriate and | ||||||
19 | available supportive services for the promotion of student | ||||||
20 | attendance and engagement, and developmentally appropriate | ||||||
21 | disciplinary methods that promote positive and healthy school | ||||||
22 | climates. | ||||||
23 | (d) The board may expel a student for a definite period of | ||||||
24 | time not to exceed 2 calendar years, as determined on a | ||||||
25 | case-by-case basis. A student who is determined to have | ||||||
26 | brought one of the following objects to school, any |
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1 | school-sponsored activity or event, or any activity or event | ||||||
2 | that bears a reasonable relationship to school shall be | ||||||
3 | expelled for a period of not less than one year: | ||||||
4 | (1) A firearm. For the purposes of this Section, | ||||||
5 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
6 | by Section 921 of Title 18 of the United States Code, | ||||||
7 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
8 | Identification Card Act, or firearm as defined in Section | ||||||
9 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
10 | under this subdivision (1) may be modified by the | ||||||
11 | superintendent, and the superintendent's determination may | ||||||
12 | be modified by the board on a case-by-case basis. | ||||||
13 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
14 | regardless of its composition, a billy club, or any other | ||||||
15 | object if used or attempted to be used to cause bodily | ||||||
16 | harm, including "look alikes" of any firearm as defined in | ||||||
17 | subdivision (1) of this subsection (d). The expulsion | ||||||
18 | requirement under this subdivision (2) may be modified by | ||||||
19 | the superintendent, and the superintendent's determination | ||||||
20 | may be modified by the board on a case-by-case basis. | ||||||
21 | Expulsion or suspension shall be construed in a manner | ||||||
22 | consistent with the federal Individuals with Disabilities | ||||||
23 | Education Act. A student who is subject to suspension or | ||||||
24 | expulsion as provided in this Section may be eligible for a | ||||||
25 | transfer to an alternative school program in accordance with | ||||||
26 | Article 13A of the School Code. |
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1 | (d-5) The board may suspend or by regulation authorize the | ||||||
2 | superintendent of the district or the principal, assistant | ||||||
3 | principal, or dean of students of any school to suspend a | ||||||
4 | student for a period not to exceed 10 school days or may expel | ||||||
5 | a student for a definite period of time not to exceed 2 | ||||||
6 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
7 | that student has been determined to have made an explicit | ||||||
8 | threat on an Internet website against a school employee, a | ||||||
9 | student, or any school-related personnel, (ii) the Internet | ||||||
10 | website through which the threat was made is a site that was | ||||||
11 | accessible within the school at the time the threat was made or | ||||||
12 | was available to third parties who worked or studied within | ||||||
13 | the school grounds at the time the threat was made, and (iii) | ||||||
14 | the threat could be reasonably interpreted as threatening to | ||||||
15 | the safety and security of the threatened individual because | ||||||
16 | of the individual's his or her duties or employment status or | ||||||
17 | status as a student inside the school. | ||||||
18 | (e) To maintain order and security in the schools, school | ||||||
19 | authorities may inspect and search places and areas such as | ||||||
20 | lockers, desks, parking lots, and other school property and | ||||||
21 | equipment owned or controlled by the school, as well as | ||||||
22 | personal effects left in those places and areas by students, | ||||||
23 | without notice to or the consent of the student, and without a | ||||||
24 | search warrant. As a matter of public policy, the General | ||||||
25 | Assembly finds that students have no reasonable expectation of | ||||||
26 | privacy in these places and areas or in their personal effects |
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1 | left in these places and areas. School authorities may request | ||||||
2 | the assistance of law enforcement officials for the purpose of | ||||||
3 | conducting inspections and searches of lockers, desks, parking | ||||||
4 | lots, and other school property and equipment owned or | ||||||
5 | controlled by the school for illegal drugs, weapons, or other | ||||||
6 | illegal or dangerous substances or materials, including | ||||||
7 | searches conducted through the use of specially trained dogs. | ||||||
8 | If a search conducted in accordance with this Section produces | ||||||
9 | evidence that the student has violated or is violating either | ||||||
10 | the law, local ordinance, or the school's policies or rules, | ||||||
11 | such evidence may be seized by school authorities, and | ||||||
12 | disciplinary action may be taken. School authorities may also | ||||||
13 | turn over such evidence to law enforcement authorities. | ||||||
14 | (f) Suspension or expulsion may include suspension or | ||||||
15 | expulsion from school and all school activities and a | ||||||
16 | prohibition from being present on school grounds. | ||||||
17 | (g) A school district may adopt a policy providing that if | ||||||
18 | a student is suspended or expelled for any reason from any | ||||||
19 | public or private school in this or any other state, the | ||||||
20 | student must complete the entire term of the suspension or | ||||||
21 | expulsion in an alternative school program under Article 13A | ||||||
22 | of this Code or an alternative learning opportunities program | ||||||
23 | under Article 13B of this Code before being admitted into the | ||||||
24 | school district if there is no threat to the safety of students | ||||||
25 | or staff in the alternative program. | ||||||
26 | (h) School officials shall not advise or encourage |
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1 | students to drop out voluntarily due to behavioral or academic | ||||||
2 | difficulties. | ||||||
3 | (i) A student may not be issued a monetary fine or fee as a | ||||||
4 | disciplinary consequence, though this shall not preclude | ||||||
5 | requiring a student to provide restitution for lost, stolen, | ||||||
6 | or damaged property. | ||||||
7 | (j) Subsections (a) through (i) of this Section shall | ||||||
8 | apply to elementary and secondary schools, charter schools, | ||||||
9 | special charter districts, and school districts organized | ||||||
10 | under Article 34 of this Code. | ||||||
11 | (k) The expulsion of students children enrolled in | ||||||
12 | programs funded under Section 1C-2 of this Code is subject to | ||||||
13 | the requirements under paragraph (7) of subsection (a) of | ||||||
14 | Section 2-3.71 of this Code. | ||||||
15 | (l) An Beginning with the 2018-2019 school year, an | ||||||
16 | in-school suspension program provided by a school district for | ||||||
17 | any students in kindergarten through grade 12 may focus on | ||||||
18 | promoting non-violent conflict resolution and positive | ||||||
19 | interaction with other students and school personnel. A school | ||||||
20 | district may employ a school social worker or a licensed | ||||||
21 | mental health professional to oversee an in-school suspension | ||||||
22 | program in kindergarten through grade 12. | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | ||||||
24 | 102-813, eff. 5-13-22.)
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25 | (Text of Section after amendment by P.A. 102-466 ) |
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1 | Sec. 10-22.6. Suspension or expulsion of students pupils ; | ||||||
2 | school searches. | ||||||
3 | (a) To expel students pupils guilty of gross disobedience | ||||||
4 | or misconduct, including gross disobedience or misconduct | ||||||
5 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
6 | of this Section, and no action shall lie against them for such | ||||||
7 | expulsion. Expulsion shall take place only after the parents | ||||||
8 | or guardians have been requested to appear at a meeting of the | ||||||
9 | board, or with a hearing officer appointed by it, to discuss | ||||||
10 | their child's behavior. Such request shall be made by | ||||||
11 | registered or certified mail and shall state the time, place | ||||||
12 | and purpose of the meeting. The board, or a hearing officer | ||||||
13 | appointed by it, at such meeting shall state the reasons for | ||||||
14 | dismissal and the date on which the expulsion is to become | ||||||
15 | effective. If a hearing officer is appointed by the board, the | ||||||
16 | hearing officer he shall report to the board a written summary | ||||||
17 | of the evidence heard at the meeting and the board may take | ||||||
18 | such action thereon as it finds appropriate. If the board acts | ||||||
19 | to expel a student pupil , the written expulsion decision shall | ||||||
20 | detail the specific reasons why removing the student pupil | ||||||
21 | from the learning environment is in the best interest of the | ||||||
22 | school. The expulsion decision shall also include a rationale | ||||||
23 | as to the specific duration of the expulsion. An expelled | ||||||
24 | student pupil may be immediately transferred to an alternative | ||||||
25 | program in the manner provided in Article 13A or 13B of this | ||||||
26 | Code. A student pupil must not be denied transfer because of |
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1 | the expulsion, except in cases in which such transfer is | ||||||
2 | deemed to cause a threat to the safety of students or staff in | ||||||
3 | the alternative program. | ||||||
4 | (b) To suspend or by policy to authorize the | ||||||
5 | superintendent of the district or the principal, assistant | ||||||
6 | principal, or dean of students of any school to suspend | ||||||
7 | students pupils guilty of gross disobedience or misconduct, or | ||||||
8 | to suspend students pupils guilty of gross disobedience or | ||||||
9 | misconduct on the school bus from riding the school bus, | ||||||
10 | pursuant to subsections (b-15) and (b-20) of this Section, and | ||||||
11 | no action shall lie against them for such suspension. The | ||||||
12 | board may by policy authorize the superintendent of the | ||||||
13 | district or the principal, assistant principal, or dean of | ||||||
14 | students of any school to suspend students pupils guilty of | ||||||
15 | such acts for a period not to exceed 10 school days. If a | ||||||
16 | student pupil is suspended due to gross disobedience or | ||||||
17 | misconduct on a school bus, the board may suspend the student | ||||||
18 | pupil in excess of 10 school days for safety reasons. | ||||||
19 | Any suspension shall be reported immediately to the | ||||||
20 | parents or guardians of a student pupil along with a full | ||||||
21 | statement of the reasons for such suspension and a notice of | ||||||
22 | their right to a review. The school board must be given a | ||||||
23 | summary of the notice, including the reason for the suspension | ||||||
24 | and the suspension length. Upon request of the parents or | ||||||
25 | guardians, the school board or a hearing officer appointed by | ||||||
26 | it shall review such action of the superintendent or |
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1 | principal, assistant principal, or dean of students. At such | ||||||
2 | review, the parents or guardians of the student pupil may | ||||||
3 | appear and discuss the suspension with the board or its | ||||||
4 | hearing officer. If a hearing officer is appointed by the | ||||||
5 | board, he shall report to the board a written summary of the | ||||||
6 | evidence heard at the meeting. After its hearing or upon | ||||||
7 | receipt of the written report of its hearing officer, the | ||||||
8 | board may take such action as it finds appropriate. If a | ||||||
9 | student is suspended pursuant to this subsection (b), the | ||||||
10 | board shall, in the written suspension decision, detail the | ||||||
11 | specific act of gross disobedience or misconduct resulting in | ||||||
12 | the decision to suspend. The suspension decision shall also | ||||||
13 | include a rationale as to the specific duration of the | ||||||
14 | suspension. A pupil who is suspended in excess of 20 school | ||||||
15 | days may be immediately transferred to an alternative program | ||||||
16 | in the manner provided in Article 13A or 13B of this Code. A | ||||||
17 | pupil must not be denied transfer because of the suspension, | ||||||
18 | except in cases in which such transfer is deemed to cause a | ||||||
19 | threat to the safety of students or staff in the alternative | ||||||
20 | 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 | ||||||
9 | expel 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 | ||||||
19 | length 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 | ||||||
26 | a 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 | ||||||
15 | Section or the expulsion decision described in subsection (a) | ||||||
16 | of this Section, it shall be documented whether other | ||||||
17 | interventions were attempted or whether it was determined that | ||||||
18 | there were no other appropriate and available interventions. | ||||||
19 | (b-25) Students who are suspended out-of-school for longer | ||||||
20 | than 3 4 school days shall be provided appropriate and | ||||||
21 | available support services during the period of their | ||||||
22 | suspension. For purposes of this subsection (b-25), | ||||||
23 | "appropriate and available support services" shall be | ||||||
24 | determined by school authorities. Within the suspension | ||||||
25 | decision described in subsection (b) of this Section, it shall | ||||||
26 | be documented whether such services are to be provided or |
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| |||||||
1 | whether it was determined that there are no such appropriate | ||||||
2 | and available services. | ||||||
3 | A school district may refer students who are expelled to | ||||||
4 | appropriate and available support services. | ||||||
5 | A school district shall create a policy to facilitate the | ||||||
6 | re-engagement of students who are suspended out-of-school, | ||||||
7 | expelled, or returning from an alternative school setting. In | ||||||
8 | consultation with stakeholders deemed appropriate by the State | ||||||
9 | Board of Education, the State Board of Education shall draft | ||||||
10 | and publish guidance for the re-engagement of students who are | ||||||
11 | suspended out-of-school, expelled, or returning from an | ||||||
12 | alternative school setting in accordance with this Section and | ||||||
13 | Section 13A-4 on or before July 1, 2025. | ||||||
14 | (b-30) A school district shall create a policy by which | ||||||
15 | suspended students pupils , including those students pupils | ||||||
16 | suspended from the school bus who do not have alternate | ||||||
17 | transportation to school, shall have the opportunity to make | ||||||
18 | up work for equivalent academic credit. It shall be the | ||||||
19 | responsibility of a student's pupil's parents or guardians to | ||||||
20 | notify school officials that a student pupil suspended from | ||||||
21 | the school bus does not have alternate transportation to | ||||||
22 | school. | ||||||
23 | (b-35) In all suspension review hearings conducted under | ||||||
24 | subsection (b) or expulsion hearings conducted under | ||||||
25 | subsection (a), a student may disclose any factor to be | ||||||
26 | considered in mitigation, including his or her status as a |
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1 | parent, expectant parent, or victim of domestic or sexual | ||||||
2 | violence, as defined in Article 26A. A representative of the | ||||||
3 | parent's or guardian's choice, or of the student's choice if | ||||||
4 | emancipated, must be permitted to represent the student | ||||||
5 | throughout the proceedings and to address the school board or | ||||||
6 | its appointed hearing officer. With the approval of the | ||||||
7 | student's parent or guardian, or of the student if | ||||||
8 | emancipated, a support person must be permitted to accompany | ||||||
9 | the student to any disciplinary hearings or proceedings. The | ||||||
10 | representative or support person must comply with any rules of | ||||||
11 | the school district's hearing process. If the representative | ||||||
12 | or support person violates the rules or engages in behavior or | ||||||
13 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
14 | witness, or anyone else in attendance at the hearing, the | ||||||
15 | representative or support person may be prohibited from | ||||||
16 | further participation in the hearing or proceeding. A | ||||||
17 | suspension or expulsion proceeding under this subsection | ||||||
18 | (b-35) must be conducted independently from any ongoing | ||||||
19 | criminal investigation or proceeding, and an absence of | ||||||
20 | pending or possible criminal charges, criminal investigations, | ||||||
21 | or proceedings may not be a factor in school disciplinary | ||||||
22 | decisions. | ||||||
23 | (b-40) During a suspension review hearing conducted under | ||||||
24 | subsection (b) or an expulsion hearing conducted under | ||||||
25 | subsection (a) that involves allegations of sexual violence by | ||||||
26 | the student who is subject to discipline, neither the student |
| |||||||
| |||||||
1 | nor his or her representative shall directly question nor have | ||||||
2 | direct contact with the alleged victim. The student who is | ||||||
3 | subject to discipline or his or her representative may, at the | ||||||
4 | discretion and direction of the school board or its appointed | ||||||
5 | hearing officer, suggest questions to be posed by the school | ||||||
6 | board or its appointed hearing officer to the alleged victim. | ||||||
7 | (c) A school board must invite a representative from a | ||||||
8 | local mental health agency to consult with the board at the | ||||||
9 | meeting whenever there is evidence that mental illness may be | ||||||
10 | the cause of a student's expulsion or suspension. | ||||||
11 | (c-5) School districts shall make reasonable efforts to | ||||||
12 | provide ongoing professional development to all school | ||||||
13 | personnel teachers, administrators , school board members, and | ||||||
14 | school resource officers , and staff on the requirements of | ||||||
15 | this Section and Section 10-20.14, the adverse consequences of | ||||||
16 | school exclusion and justice-system involvement, effective | ||||||
17 | classroom management strategies, culturally responsive | ||||||
18 | discipline, trauma-responsive learning environments, as | ||||||
19 | defined in subsection (b) of Section 3-11, the appropriate and | ||||||
20 | available supportive services for the promotion of student | ||||||
21 | attendance and engagement, and developmentally appropriate | ||||||
22 | disciplinary methods that promote positive and healthy school | ||||||
23 | climates. | ||||||
24 | (d) The board may expel a student for a definite period of | ||||||
25 | time not to exceed 2 calendar years, as determined on a | ||||||
26 | case-by-case basis. A student who is determined to have |
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| |||||||
1 | brought one of the following objects to school, any | ||||||
2 | school-sponsored activity or event, or any activity or event | ||||||
3 | that bears a reasonable relationship to school shall be | ||||||
4 | expelled for a period of not less than one year: | ||||||
5 | (1) A firearm. For the purposes of this Section, | ||||||
6 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
7 | by Section 921 of Title 18 of the United States Code, | ||||||
8 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
9 | Identification Card Act, or firearm as defined in Section | ||||||
10 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
11 | under this subdivision (1) may be modified by the | ||||||
12 | superintendent, and the superintendent's determination may | ||||||
13 | be modified by the board on a case-by-case basis. | ||||||
14 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
15 | regardless of its composition, a billy club, or any other | ||||||
16 | object if used or attempted to be used to cause bodily | ||||||
17 | harm, including "look alikes" of any firearm as defined in | ||||||
18 | subdivision (1) of this subsection (d). The expulsion | ||||||
19 | requirement under this subdivision (2) may be modified by | ||||||
20 | the superintendent, and the superintendent's determination | ||||||
21 | may be modified by the board on a case-by-case basis. | ||||||
22 | Expulsion or suspension shall be construed in a manner | ||||||
23 | consistent with the federal Individuals with Disabilities | ||||||
24 | Education Act. A student who is subject to suspension or | ||||||
25 | expulsion as provided in this Section may be eligible for a | ||||||
26 | transfer to an alternative school program in accordance with |
| |||||||
| |||||||
1 | Article 13A of the School Code. | ||||||
2 | (d-5) The board may suspend or by regulation authorize the | ||||||
3 | superintendent of the district or the principal, assistant | ||||||
4 | principal, or dean of students of any school to suspend a | ||||||
5 | student for a period not to exceed 10 school days or may expel | ||||||
6 | a student for a definite period of time not to exceed 2 | ||||||
7 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
8 | that student has been determined to have made an explicit | ||||||
9 | threat on an Internet website against a school employee, a | ||||||
10 | student, or any school-related personnel, (ii) the Internet | ||||||
11 | website through which the threat was made is a site that was | ||||||
12 | accessible within the school at the time the threat was made or | ||||||
13 | was available to third parties who worked or studied within | ||||||
14 | the school grounds at the time the threat was made, and (iii) | ||||||
15 | the threat could be reasonably interpreted as threatening to | ||||||
16 | the safety and security of the threatened individual because | ||||||
17 | of the individual's his or her duties or employment status or | ||||||
18 | status as a student inside the school. | ||||||
19 | (e) To maintain order and security in the schools, school | ||||||
20 | authorities may inspect and search places and areas such as | ||||||
21 | lockers, desks, parking lots, and other school property and | ||||||
22 | equipment owned or controlled by the school, as well as | ||||||
23 | personal effects left in those places and areas by students, | ||||||
24 | without notice to or the consent of the student, and without a | ||||||
25 | search warrant. As a matter of public policy, the General | ||||||
26 | Assembly finds that students have no reasonable expectation of |
| |||||||
| |||||||
1 | privacy in these places and areas or in their personal effects | ||||||
2 | left in these places and areas. School authorities may request | ||||||
3 | the assistance of law enforcement officials for the purpose of | ||||||
4 | conducting inspections and searches of lockers, desks, parking | ||||||
5 | lots, and other school property and equipment owned or | ||||||
6 | controlled by the school for illegal drugs, weapons, or other | ||||||
7 | illegal or dangerous substances or materials, including | ||||||
8 | searches conducted through the use of specially trained dogs. | ||||||
9 | If a search conducted in accordance with this Section produces | ||||||
10 | evidence that the student has violated or is violating either | ||||||
11 | the law, local ordinance, or the school's policies or rules, | ||||||
12 | such evidence may be seized by school authorities, and | ||||||
13 | disciplinary action may be taken. School authorities may also | ||||||
14 | turn over such evidence to law enforcement authorities. | ||||||
15 | (f) Suspension or expulsion may include suspension or | ||||||
16 | expulsion from school and all school activities and a | ||||||
17 | prohibition from being present on school grounds. | ||||||
18 | (g) A school district may adopt a policy providing that if | ||||||
19 | a student is suspended or expelled for any reason from any | ||||||
20 | public or private school in this or any other state, the | ||||||
21 | student must complete the entire term of the suspension or | ||||||
22 | expulsion in an alternative school program under Article 13A | ||||||
23 | of this Code or an alternative learning opportunities program | ||||||
24 | under Article 13B of this Code before being admitted into the | ||||||
25 | school district if there is no threat to the safety of students | ||||||
26 | or staff in the alternative program. A school district that |
| |||||||
| |||||||
1 | adopts a policy under this subsection (g) must include a | ||||||
2 | provision allowing for consideration of any mitigating | ||||||
3 | factors, including, but not limited to, a student's status as | ||||||
4 | a parent, expectant parent, or victim of domestic or sexual | ||||||
5 | violence, as defined in Article 26A. | ||||||
6 | (h) School officials shall not advise or encourage | ||||||
7 | students to drop out voluntarily due to behavioral or academic | ||||||
8 | difficulties. | ||||||
9 | (i) A student may not be issued a monetary fine or fee as a | ||||||
10 | disciplinary consequence, though this shall not preclude | ||||||
11 | requiring a student to provide restitution for lost, stolen, | ||||||
12 | or damaged property. | ||||||
13 | (j) Subsections (a) through (i) of this Section shall | ||||||
14 | apply to elementary and secondary schools, charter schools, | ||||||
15 | special charter districts, and school districts organized | ||||||
16 | under Article 34 of this Code. | ||||||
17 | (k) The expulsion of students children enrolled in | ||||||
18 | programs funded under Section 1C-2 of this Code is subject to | ||||||
19 | the requirements under paragraph (7) of subsection (a) of | ||||||
20 | Section 2-3.71 of this Code. | ||||||
21 | (l) An Beginning with the 2018-2019 school year, an | ||||||
22 | in-school suspension program provided by a school district for | ||||||
23 | any students in kindergarten through grade 12 may focus on | ||||||
24 | promoting non-violent conflict resolution and positive | ||||||
25 | interaction with other students and school personnel. A school | ||||||
26 | district may employ a school social worker or a licensed |
| |||||||
| |||||||
1 | mental health professional to oversee an in-school suspension | ||||||
2 | program in kindergarten through grade 12. | ||||||
3 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
4 | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
5 | Section 95. No acceleration or delay. Where this Act makes | ||||||
6 | changes in a statute that is represented in this Act by text | ||||||
7 | that is not yet or no longer in effect (for example, a Section | ||||||
8 | represented by multiple versions), the use of that text does | ||||||
9 | not accelerate or delay the taking effect of (i) the changes | ||||||
10 | made by this Act or (ii) provisions derived from any other | ||||||
11 | Public Act.
|