Bill Text: IL HB1058 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the School Code and the Juvenile Court Act of 1987. Provides that as part of the pupil discipline policy (or the uniform system of discipline for pupils in the case of Chicago), each school board shall adopt a policy of zero tolerance that, among other requirements, (1) defines criteria for reporting any act that occurs whenever or wherever students are within the jurisdiction of the school board, (2) defines acts that pose a serious threat to school safety, (3) defines petty acts of misconduct, (4) minimizes the victimization of students or staff, and (5) establishes a procedure that ensures each student has the opportunity to appeal disciplinary actions. Sets forth provisions in relation to entering into agreements with and filing reports with local law enforcement agencies and adopting a cooperative agreement with the Department of Juvenile Justice concerning no contact orders. Provides that any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the individual student and the particular circumstances of the student's misconduct. Encourages school districts to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1058 Detail]

Download: Illinois-2013-HB1058-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1058 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
105 ILCS 5/34-19 from Ch. 122, par. 34-19
705 ILCS 405/5-905
Amends the School Code and the Juvenile Court Act of 1987. Provides that as part of the pupil discipline policy (or the uniform system of discipline for pupils in the case of Chicago), each school board shall adopt a policy of zero tolerance that, among other requirements, (1) defines criteria for reporting any act that occurs whenever or wherever students are within the jurisdiction of the school board, (2) defines acts that pose a serious threat to school safety, (3) defines petty acts of misconduct, (4) minimizes the victimization of students or staff, and (5) establishes a procedure that ensures each student has the opportunity to appeal disciplinary actions. Sets forth provisions in relation to entering into agreements with and filing reports with local law enforcement agencies and adopting a cooperative agreement with the Department of Juvenile Justice concerning no contact orders. Provides that any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the individual student and the particular circumstances of the student's misconduct. Encourages school districts to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-20.14 and 34-19 as follows:
(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
Sec. 10-20.14. Student discipline policies; Parent-teacher
advisory committee.
(a) To establish and maintain a parent-teacher advisory
committee to develop with the school board policy guidelines on
pupil discipline, including school searches, to furnish a copy
of the policy to the parents or guardian of each pupil within
15 days after the beginning of the school year, or within 15
days after starting classes for a pupil who transfers into the
district during the school year, and to require that each
school informs its pupils of the contents of its policy. School
boards, along with the parent-teacher advisory committee, are
encouraged to annually review their pupil discipline policies,
the implementation of those policies, and any other factors
related to the safety of their schools, pupils, and staff.
(b) The parent-teacher advisory committee in cooperation
with local law enforcement agencies shall develop, with the
school board, policy guideline procedures to establish and

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maintain a reciprocal reporting system between the school
district and local law enforcement agencies regarding criminal
offenses committed by students.
(c) The parent-teacher advisory committee, in cooperation
with school bus personnel, shall develop, with the school
board, policy guideline procedures to establish and maintain
school bus safety procedures. These procedures shall be
incorporated into the district's pupil discipline policy.
(d) The school board, in consultation with the
parent-teacher advisory committee and other community-based
organizations, must include provisions in the student
discipline policy to address students who have demonstrated
behaviors that put them at risk for aggressive behavior,
including without limitation bullying, as defined in the
policy. These provisions must include procedures for notifying
parents or legal guardians and early intervention procedures
based upon available community-based and district resources.
(e) It is the intent of the General Assembly to promote a
safe and supportive learning environment in schools, to protect
students and staff from conduct that poses a serious threat to
school safety, and to encourage schools to use alternatives to
expulsion or referral to law enforcement agencies by addressing
disruptive behavior through restitution, civil citation, teen
court, neighborhood restorative justice, or similar programs.
The General Assembly finds that zero-tolerance policies are not
intended to be rigorously applied to petty acts of misconduct

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and misdemeanors, including, but not limited to, minor fights
or disturbances. The General Assembly finds that
zero-tolerance policies must apply equally to all students
regardless of their economic status, race, or disability.
(1) As part of the pupil discipline policy, each school
board shall adopt a policy of zero tolerance that does all
of the following:
(A) Defines criteria for reporting any act that
occurs whenever or wherever students are within the
jurisdiction of the school board.
(B) Defines acts that pose a serious threat to
school safety.
(C) Defines petty acts of misconduct.
(D) Minimizes the victimization of students or
staff, including taking all steps necessary to protect
the victim of any violent crime from any further
victimization.
(E) Establishes a procedure that ensures each
student has the opportunity to appeal disciplinary
actions, which procedure shall incorporate the
provisions of subsections (a) and (b) of Section
10-22.6 of this Code.
(F) Incorporates the provisions of subsections (d)
and (d-5) of Section 10-22.6 of this Code.
(G) Incorporates the provisions of subdivision (h)
of subsection (1) of Section 5-905 of the Juvenile

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Court Act of 1987.
(2) In addition to the reciprocal reporting system
under subsection (b) of this Section, each school board
shall enter into agreements with local law enforcement
agencies specifying guidelines for ensuring that acts that
pose a serious threat to school safety, whether committed
by a student or an adult, are reported to a law enforcement
agency. The agreements must include the role of school
resource officers, if applicable, in handling reported
incidents, circumstances in which school officials may
handle incidents without filing a report with a law
enforcement agency, and a procedure for ensuring that
school personnel properly report appropriate delinquent
acts and crimes.
Zero-tolerance policies may not require the reporting
of petty acts of misconduct and misdemeanors to a law
enforcement agency, including, but not limited to,
disorderly conduct, disrupting a school function, simple
assault or battery, affray, theft of less than $300,
trespassing, and vandalism of less than $1,000.
The school principal shall ensure that all school
personnel are properly informed as to their
responsibilities regarding crime reporting, that
appropriate delinquent acts and crimes are properly
reported, and that actions taken in cases with special
circumstances are properly taken and documented.

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(3) Each school board shall adopt a cooperative
agreement with the Department of Juvenile Justice that
establishes guidelines for ensuring that any no contact
order entered by a court is reported and enforced and that
all of the necessary steps are taken to protect the victim
of the offense. An offender who is not exempted may not
attend any school attended by the victim or a sibling of
the victim of the offense or ride on a school bus on which
the victim or a sibling of the victim is riding. The
offender shall be permitted by the school board to attend
another school within the school district in which the
offender resides, but only if the other school is not
attended by the victim or a sibling of the victim of the
offense; or the offender may be permitted by another
district school board to attend a school in that district
if the offender is unable to attend any school in the
district in which the offender resides. If the offender is
unable to attend any other school in the district in which
the offender resides and is prohibited from attending a
school in another district, the school board in the
district in which the offender resides shall take every
reasonable precaution to keep the offender separated from
the victim while on school grounds or on school
transportation. The steps to be taken by a school board to
keep the offender separated from the victim must include,
but are not limited to, in-school suspension of the

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offender and the scheduling of classes, lunch, or other
school activities of the victim and the offender so as not
to coincide. The offender, or the parents of the offender
if the offender is a juvenile, shall arrange and pay for
transportation associated with or required by the
offender's attending another school or that would be
required as a consequence of the prohibition against riding
on a school bus on which the victim or a sibling of the
victim is riding. However, the offender or the parents of
the offender may not be charged for existing modes of
transportation that can be used by the offender at no
additional cost to the district.
(4) Any disciplinary or prosecutorial action taken
against a student who violates a zero-tolerance policy must
be based on the individual student and the particular
circumstances of the student's misconduct.
(5) School districts are encouraged to use
alternatives to expulsion or referral to law enforcement
agencies unless the use of such alternatives will pose a
threat to school safety.
(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records.
(a) The board shall, subject to the limitations in this

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Article, establish by-laws, rules and regulations, which shall
have the force of ordinances, for the proper maintenance of a
uniform system of discipline for both employees and pupils, and
for the entire management of the schools, and may fix the
school age of pupils, the minimum of which in kindergartens
shall not be under 4 years, except that, based upon an
assessment of the child's readiness, children who have attended
a non-public preschool and continued their education at that
school through kindergarten, were taught in kindergarten by an
appropriately certified teacher, and will attain the age of 6
years on or before December 31 of the year of the 2009-2010
school term and each school term thereafter may attend first
grade upon commencement of such term, and in grade schools
shall not be under 6 years. It may expel, suspend or, subject
to the limitations of all policies established or adopted under
Section 14-8.05, otherwise discipline any pupil found guilty of
gross disobedience, misconduct or other violation of the
by-laws, rules and regulations, including gross disobedience
or misconduct perpetuated by electronic means. An expelled
pupil may be immediately transferred to an alternative program
in the manner provided in Article 13A or 13B of this Code. A
pupil 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. A pupil who is suspended in excess of 20 school days
may be immediately transferred to an alternative program in the

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manner provided in Article 13A or 13B of this Code. A pupil
must not be denied transfer because of the suspension, except
in cases in which such transfer is deemed to cause a threat to
the safety of students or staff in the alternative program. The
bylaws, rules and regulations of the board shall be enacted,
money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks, electronic textbooks, and
courses of instruction shall be adopted or changed only at the
regular meetings of the board and by a vote of a majority of
the full membership of the board; provided that notwithstanding
any other provision of this Article or the School Code, neither
the board or any local school council may purchase any textbook
for use in any public school of the district from any textbook
publisher that fails to furnish any computer diskettes as
required under Section 28-21. Funds appropriated for textbook
purchases must be available for electronic textbook purchases
and the technological equipment necessary to gain access to and
use electronic textbooks at the local school council's
discretion. The board shall be further encouraged to provide
opportunities for public hearing and testimony before the
adoption of bylaws, rules and regulations. Upon all
propositions requiring for their adoption at least a majority
of all the members of the board the yeas and nays shall be
taken and reported. The by-laws, rules and regulations of the
board shall not be repealed, amended or added to, except by a
vote of 2/3 of the full membership of the board. The board

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shall keep a record of all its proceedings. Such records and
all by-laws, rules and regulations, or parts thereof, may be
proved by a copy thereof certified to be such by the secretary
of the board, but if they are printed in book or pamphlet form
which are purported to be published by authority of the board
they need not be otherwise published and the book or pamphlet
shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof,
as of the dates thereof as shown in such book or pamphlet, in
all courts and places where judicial proceedings are had.
(b) It is the intent of the General Assembly to promote a
safe and supportive learning environment in schools, to protect
students and staff from conduct that poses a serious threat to
school safety, and to encourage schools to use alternatives to
expulsion or referral to law enforcement agencies by addressing
disruptive behavior through restitution, civil citation, teen
court, neighborhood restorative justice, or similar programs.
The General Assembly finds that zero-tolerance policies are not
intended to be rigorously applied to petty acts of misconduct
and misdemeanors, including, but not limited to, minor fights
or disturbances. The General Assembly finds that
zero-tolerance policies must apply equally to all students
regardless of their economic status, race, or disability.
(1) As part of the uniform system of discipline for
pupils under subsection (a) of this Section, the board
shall adopt a policy of zero tolerance that does all of the

HB1058 - 10 - LRB098 04144 NHT 34167 b
following:
(A) Defines criteria for reporting any act that
occurs whenever or wherever students are within the
jurisdiction of the board.
(B) Defines acts that pose a serious threat to
school safety.
(C) Defines petty acts of misconduct.
(D) Minimizes the victimization of students or
staff, including taking all steps necessary to protect
the victim of any violent crime from any further
victimization.
(E) Establishes a procedure that ensures each
student has the opportunity to appeal disciplinary
actions.
(F) Incorporates the provisions of subsections (d)
and (d-5) of Section 10-22.6 of this Code.
(G) Incorporates the provisions of subdivision (h)
of subsection (1) of Section 5-905 of the Juvenile
Court Act of 1987.
(2) The board shall enter into agreements with local
law enforcement agencies specifying guidelines for
ensuring that acts that pose a serious threat to school
safety, whether committed by a student or an adult, are
reported to a law enforcement agency. The agreements must
include the role of school resource officers, if
applicable, in handling reported incidents, circumstances

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in which school officials may handle incidents without
filing a report with a law enforcement agency, and a
procedure for ensuring that school personnel properly
report appropriate delinquent acts and crimes.
Zero-tolerance policies may not require the reporting
of petty acts of misconduct and misdemeanors to a law
enforcement agency, including, but not limited to,
disorderly conduct, disrupting a school function, simple
assault or battery, affray, theft of less than $300,
trespassing, and vandalism of less than $1,000.
The school principal shall ensure that all school
personnel are properly informed as to their
responsibilities regarding crime reporting, that
appropriate delinquent acts and crimes are properly
reported, and that actions taken in cases with special
circumstances are properly taken and documented.
(3) The board shall adopt a cooperative agreement with
the Department of Juvenile Justice that establishes
guidelines for ensuring that any no contact order entered
by a court is reported and enforced and that all of the
necessary steps are taken to protect the victim of the
offense. An offender who is not exempted may not attend any
school attended by the victim or a sibling of the victim of
the offense or ride on a school bus on which the victim or
a sibling of the victim is riding. The offender shall be
permitted by the board to attend another school within the

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school district, but only if the other school is not
attended by the victim or a sibling of the victim of the
offense; or the offender may be permitted by another
district school board to attend a school in that district
if the offender is unable to attend any school in the
district in which the offender resides. If the offender is
unable to attend any other school in the district in which
the offender resides and is prohibited from attending a
school in another district, the school board in the
district in which the offender resides shall take every
reasonable precaution to keep the offender separated from
the victim while on school grounds or on school
transportation. The steps to be taken by the board to keep
the offender separated from the victim must include, but
are not limited to, in-school suspension of the offender
and the scheduling of classes, lunch, or other school
activities of the victim and the offender so as not to
coincide. The offender, or the parents of the offender if
the offender is a juvenile, shall arrange and pay for
transportation associated with or required by the
offender's attending another school or that would be
required as a consequence of the prohibition against riding
on a school bus on which the victim or a sibling of the
victim is riding. However, the offender or the parents of
the offender may not be charged for existing modes of
transportation that can be used by the offender at no

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additional cost to the district.
(4) Any disciplinary or prosecutorial action taken
against a student who violates a zero-tolerance policy must
be based on the individual student and the particular
circumstances of the student's misconduct.
(5) The district is encouraged to use alternatives to
expulsion or referral to law enforcement agencies unless
the use of such alternatives will pose a threat to school
safety.
(c) Notwithstanding any other provision in this Article or
in the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,
except that the board may not delegate its authorities and
responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
7-13-12.)

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Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-905 as follows:
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. Inspection and copying of law
enforcement records maintained by law enforcement agencies
that relate to a minor who has been arrested or taken into
custody before his or her 17th birthday shall be restricted to
the following and when necessary for the discharge of their
official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff, or, when necessary for the
discharge of its official duties in connection with a
particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers;
(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been
charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;

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(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and protects
the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of minors
pursuant to orders of the juvenile court or directives from
officials of the Department of Children and Family Services
or the Department of Human Services who certify in writing
that the information will not be disclosed to any other
party except as provided under law or order of court;
(h) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law
enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the

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School Code or an agreement entered into under
paragraph (2) of subsection (b) of Section 34-19 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official

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or officials whom the school has determined to have a
legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem
it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information

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derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the
subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity; .
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District
Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(2) Information identifying victims and alleged victims of
sex offenses, shall not be disclosed or open to public
inspection under any circumstances. Nothing in this Section

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shall prohibit the victim or alleged victim of any sex offense
from voluntarily disclosing his or her identity.
(2.5) If the minor is a victim of aggravated battery,
battery, attempted first degree murder, or other non-sexual
violent offense, the identity of the victim may be disclosed to
appropriate school officials, for the purpose of preventing
foreseeable future violence involving minors, by a local law
enforcement agency pursuant to an agreement established
between the school district and a local law enforcement agency
subject to the approval by the presiding judge of the juvenile
court.
(3) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection
or disclosure to victims and witnesses of photographs contained
in the records of law enforcement agencies when the inspection
or disclosure is conducted in the presence of a law enforcement
officer for purposes of identification or apprehension of any
person in the course of any criminal investigation or
prosecution.
(5) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 17

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years of age must be maintained separate from the records of
adults and may not be open to public inspection or their
contents disclosed to the public except by order of the court
or when the institution of criminal proceedings has been
permitted under Section 5-130 or 5-805 or required under
Section 5-130 or 5-805 or such a person has been convicted of a
crime and is the subject of pre-sentence investigation or when
provided by law.
(6) Except as otherwise provided in this subsection (6),
law enforcement officers, and personnel of an independent
agency created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of law
enforcement officers, may not disclose the identity of any
minor in releasing information to the general public as to the
arrest, investigation or disposition of any case involving a
minor. Any victim or parent or legal guardian of a victim may
petition the court to disclose the name and address of the
minor and the minor's parents or legal guardian, or both. Upon
a finding by clear and convincing evidence that the disclosure
is either necessary for the victim to pursue a civil remedy
against the minor or the minor's parents or legal guardian, or
both, or to protect the victim's person or property from the
minor, then the court may order the disclosure of the
information to the victim or to the parent or legal guardian of
the victim only for the purpose of the victim pursuing a civil
remedy against the minor or the minor's parents or legal

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guardian, or both, or to protect the victim's person or
property from the minor.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
from communicating with each other by letter, memorandum,
teletype or intelligence alert bulletin or other means the
identity or other relevant information pertaining to a person
under 17 years of age. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section
except when acting in his or her official capacity and as
provided by law or order of court.
(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11;
97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; revised 9-20-12.)