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| Public Act 100-0105
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| HB2663 Enrolled | LRB100 10114 NHT 20288 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Findings and purposes. |
(a) The General Assembly finds all of the following: |
(1) Research suggests that school expulsion and |
suspension practices are associated with negative |
educational, health, and developmental outcomes for |
children. |
(2) Recent studies have shown that the expulsion of |
children in early care and educational settings is |
occurring at alarmingly high rates, particularly among |
certain racial and gender groups. A nationwide study on |
preschool expulsion found that preschoolers were expelled |
at more than 3 times the rate of kindergarten through |
twelfth grade students. |
(3) Recent data from the U.S. Department of Education |
indicate that there are significant disparities within |
this trend. African American boys make up 19% of preschool |
enrollment but 45% of preschoolers suspended more than |
once. Other research shows that while Hispanic and African |
American boys combined represent 46% of all boys in |
preschool, these children represent 55% of preschool boys |
suspended. Boys make up 79% of preschoolers suspended once |
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and 82% of preschoolers suspended multiple times. African |
American girls also represent 54% of female children |
receiving one or more out-of-school suspensions, but only |
20% of female preschool enrollment overall. |
(4) A study completed in 2005 analyzing expulsion rates |
among states indicated that while this State reported the |
sixth-lowest expulsion rate of the 40 states surveyed, |
pre-kindergartners were expelled at a rate 3 times that of |
their older peers. A study conducted in 2002 in Chicago |
showed a high rate of expulsion, particularly in |
infant-toddler programs, with over 40% of child care |
programs asking a child to leave because of |
social-emotional and behavioral problems, with the most |
challenging behaviors being biting, hitting, and |
aggressive behavior. |
(5) This State has recently improved expulsion and |
suspension practices in grades kindergarten through 12 via |
Public Act 99-456, and the federal government has imposed |
new expulsion and suspension policy requirements on some |
federally funded early childhood programs. These |
protections are important, but inconsistent and |
incomplete, as they do not cover all children in Illinois |
early learning programs. |
(6) Access to infant and early childhood mental health |
consultants and positive behavior intervention and support |
have been shown to reduce or prevent expulsion and |
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suspension in early care and education programs. Early |
childhood professionals also need training, technical |
assistance, and professional development support to ensure |
they are able to respond to the social-emotional needs of |
young children and to ensure successful student |
participation in programs. |
(7) Nationally and in this State, insufficient data |
collection hinders the ability to gauge the prevalence of |
expulsion or suspension of children from a range of early |
learning programs prior to formal school entry. |
(b) The purposes of this Act are to: |
(1) ensure that the goals of any disciplinary action by |
State-funded or State-licensed early childhood programs |
shall always include the well-being of all children, |
including those experiencing difficulties as well as |
others in the classroom, and prohibit the behavior-related |
removal of young children from early care and education |
settings without prior documentation, intervention, and |
planned transitions; |
(2) ensure that early childhood professionals have the |
resources needed to support children's social and |
emotional health and to address challenging behaviors; and |
(3) develop systems to track expulsion and suspension.
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Section 5. The School Code is amended by changing Sections |
2-3.71, 2-3.71a, and 10-22.6 as follows:
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(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
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Sec. 2-3.71. Grants for preschool educational programs. |
(a) Preschool program.
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(1) The State Board of Education shall implement and |
administer
a grant program under the provisions of this |
subsection which shall
consist of grants to public school |
districts and other eligible entities, as defined by the |
State Board of Education, to conduct voluntary
preschool
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educational programs for children ages 3 to 5 which include |
a parent
education component. A public school district |
which receives grants under
this subsection may |
subcontract with other entities that are eligible to |
conduct a preschool educational
program. These grants must |
be used to supplement, not supplant, funds received from |
any other source.
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(2) (Blank).
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(3) Any teacher of preschool children in the program |
authorized by this
subsection shall hold an early childhood |
teaching certificate.
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(4) (Blank).
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(4.5) The State Board of Education shall provide the |
primary source of
funding through appropriations for the |
program.
Such funds shall be distributed to achieve a goal |
of "Preschool for All Children" for the benefit
of all |
children whose families choose to participate in the |
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program. Based on available appropriations, newly funded |
programs shall be selected through a process giving first |
priority to qualified programs serving primarily at-risk |
children and second priority to qualified programs serving |
primarily children with a family income of less than 4 |
times the poverty guidelines updated periodically in the |
Federal Register by the U.S. Department of Health and Human |
Services under the authority of 42 U.S.C. 9902(2). For |
purposes of this paragraph (4.5), at-risk children are |
those who because of their home and community environment |
are subject
to such language, cultural, economic and like |
disadvantages to cause them to have
been determined as a |
result of screening procedures to be at risk of
academic |
failure. Such screening procedures shall be based on |
criteria
established by the State Board of Education. |
Except as otherwise provided in this paragraph (4.5), |
grantees under the program must enter into a memorandum of |
understanding with the appropriate local Head Start |
agency. This memorandum must be entered into no later than |
3 months after the award of a grantee's grant under the |
program, except that, in the case of the 2009-2010 program |
year, the memorandum must be entered into no later than the |
deadline set by the State Board of Education for |
applications to participate in the program in fiscal year |
2011, and must address collaboration between the grantee's |
program and the local Head Start agency on certain issues, |
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which shall include without limitation the following: |
(A) educational activities, curricular objectives, |
and instruction; |
(B) public information dissemination and access to |
programs for families contacting programs; |
(C) service areas; |
(D) selection priorities for eligible children to |
be served by programs; |
(E) maximizing the impact of federal and State |
funding to benefit young children; |
(F) staff training, including opportunities for |
joint staff training; |
(G) technical assistance; |
(H) communication and parent outreach for smooth |
transitions to kindergarten; |
(I) provision and use of facilities, |
transportation, and other program elements; |
(J) facilitating each program's fulfillment of its |
statutory and regulatory requirements; |
(K) improving local planning and collaboration; |
and |
(L) providing comprehensive services for the |
neediest Illinois children and families. |
If the appropriate local Head Start agency is unable or |
unwilling to enter into a memorandum of understanding as |
required under this paragraph (4.5), the memorandum of |
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understanding requirement shall not apply and the grantee |
under the program must notify the State Board of Education |
in writing of the Head Start agency's inability or |
unwillingness. The State Board of Education shall compile |
all such written notices and make them available to the |
public.
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(5) The State Board of Education shall develop and |
provide
evaluation tools, including tests, that school |
districts and other eligible entities may use to
evaluate |
children for school readiness prior to age 5. The State |
Board of
Education shall require school districts and other |
eligible entities
to obtain consent from the parents
or |
guardians of children before any evaluations are |
conducted. The State
Board of Education shall encourage |
local school districts and other eligible entities to |
evaluate the
population of preschool children in their |
communities and provide preschool
programs, pursuant to |
this subsection, where appropriate.
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(6) The State Board of Education shall report to the |
General Assembly by November 1, 2018 2010
and every
2 3 |
years thereafter on the results and progress of
students |
who were enrolled in preschool educational programs, |
including an
assessment of which programs have been most |
successful in promoting
academic excellence and |
alleviating academic failure. The State Board of
Education |
shall assess the academic progress of all students who have |
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been
enrolled in preschool educational programs.
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On or before November 1 of each fiscal year in which |
the General Assembly provides funding for new programs |
under paragraph (4.5) of this Section, the State Board of |
Education shall report to the General Assembly on what |
percentage of new funding was provided to programs serving |
primarily at-risk children, what percentage of new funding |
was provided to programs serving primarily children with a |
family income of less than 4 times the federal poverty |
level, and what percentage of new funding was provided to |
other programs. |
(7) Due to evidence that expulsion practices in the |
preschool years are linked to poor child outcomes and are |
employed inconsistently across racial and gender groups, |
early childhood programs receiving State funds under this |
subsection (a) shall prohibit expulsions. Planned |
transitions to settings that are able to better meet a |
child's needs are not considered expulsion under this |
paragraph (7). |
(A) When persistent and serious challenging |
behaviors emerge, the early childhood program shall |
document steps taken to ensure that the child can |
participate safely in the program; including |
observations of initial and ongoing challenging |
behaviors, strategies for remediation and intervention |
plans to address the behaviors, and communication with |
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the parent or legal guardian, including participation |
of the parent or legal guardian in planning and |
decision-making. |
(B) The early childhood program shall, with |
parental or legal guardian consent as required, |
utilize a range of community resources, if available |
and deemed necessary, including, but not limited to, |
developmental screenings, referrals to programs and |
services administered by a local educational agency or |
early intervention agency under Parts B and C of the |
federal Individual with Disabilities Education Act, |
and consultation with infant and early childhood |
mental health consultants and the child's health care |
provider. The program shall document attempts to |
engage these resources, including parent or legal |
guardian participation and consent attempted and |
obtained. Communication with the parent or legal |
guardian shall take place in a culturally and |
linguistically competent manner. |
(C) If there is documented evidence that all |
available interventions and supports recommended by a |
qualified professional have been exhausted and the |
program determines in its professional judgment that |
transitioning a child to another program is necessary |
for the well-being of the child or his or her peers and |
staff, with parent or legal guardian permission, both |
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the current and pending programs shall create a |
transition plan designed to ensure continuity of |
services and the comprehensive development of the |
child. Communication with families shall occur in a |
culturally and linguistically competent manner. |
(D) Nothing in this paragraph (7) shall preclude a |
parent's or legal guardian's right to voluntarily |
withdraw his or her child from an early childhood |
program. Early childhood programs shall request and |
keep on file, when received, a written statement from |
the parent or legal guardian stating the reason for his |
or her decision to withdraw his or her child. |
(E) In the case of the determination of a serious |
safety threat to a child or others or in the case of |
behaviors listed in subsection (d) of Section 10-22.6 |
of this Code, the temporary removal of a child from |
attendance in group settings may be used. Temporary |
removal of a child from attendance in a group setting |
shall trigger the process detailed in subparagraphs |
(A), (B), and (C) of this paragraph (7), with the child |
placed back in a group setting as quickly as possible. |
(F) Early childhood programs may utilize and the |
State Board of Education, the Department of Human |
Services, and the Department of Children and Family |
Services shall recommend training, technical support, |
and professional development resources to improve the |
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ability of teachers, administrators, program |
directors, and other staff to promote social-emotional |
development and behavioral health, to address |
challenging behaviors, and to understand trauma and |
trauma-informed care, cultural competence, family |
engagement with diverse populations, the impact of |
implicit bias on adult behavior, and the use of |
reflective practice techniques. Support shall include |
the availability of resources to contract with infant |
and early childhood mental health consultants. |
(G) Beginning on July 1, 2018, early childhood |
programs shall annually report to the State Board of |
Education, and, beginning in fiscal year 2020, the |
State Board of Education shall make available on a |
biennial basis, in an existing report, all of the |
following data for children from birth to age 5 who are |
served by the program: |
(i) Total number served over the course of the |
program year and the total number of children who |
left the program during the program year. |
(ii) Number of planned transitions to another |
program due to children's behavior, by children's |
race, gender, disability, language, class/group |
size, teacher-child ratio, and length of program |
day. |
(iii) Number of temporary removals of a child |
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from attendance in group settings due to a serious |
safety threat under subparagraph (E) of this |
paragraph (7), by children's race, gender, |
disability, language, class/group size, |
teacher-child ratio, and length of program day. |
(iv) Hours of infant and early childhood |
mental health consultant contact with program |
leaders, staff, and families over the program |
year. |
(H) Changes to services for children with an |
individualized education program or individual family |
service plan shall be construed in a manner consistent |
with the federal Individuals with Disabilities |
Education Act. |
The State Board of Education, in consultation with the |
Governor's Office of Early Childhood Development and the |
Department of Children and Family Services, shall adopt |
rules to administer this paragraph (7). |
(b) (Blank).
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(Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09; |
96-944, eff. 6-25-10; 96-948, eff. 6-25-10.)
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(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
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Sec. 2-3.71a. Grants for early childhood parental training |
programs. The State Board of Education shall implement and |
administer a grant
program consisting of
grants to public |
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school districts and other eligible entities, as defined by the |
State Board of Education, to conduct early childhood parental |
training programs for the parents of
children in the period of |
life from
birth to kindergarten. A public
school district that |
receives
grants under this Section may contract with
other |
eligible entities to conduct an early childhood parental |
training program.
These grants must be used to supplement, not |
supplant, funds received from any other source. A school board |
or other eligible entity
shall employ appropriately qualified |
personnel for its early
childhood parental training program, |
including but not limited to certified
teachers, counselors, |
psychiatrists, psychologists and social workers.
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(a) As used in this Section, "parental training" means and |
includes
instruction in the following:
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(1) Child growth and development, including prenatal |
development.
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(2) Childbirth and child care.
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(3) Family structure, function and management.
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(4) Prenatal and postnatal care for mothers and |
infants.
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(5) Prevention of child abuse.
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(6) The physical, mental, emotional, social, economic |
and psychological
aspects of interpersonal and family |
relationships.
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(7) Parenting skill development.
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The programs shall include activities that require |
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substantial
participation and interaction between parent and |
child.
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(b) The Board shall annually award funds through a grant |
approval process established by the State Board of Education,
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providing that an annual appropriation is made for this purpose |
from State,
federal or private funds. Nothing in this Section |
shall preclude school
districts from applying for or accepting |
private funds to establish and
implement programs.
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(c) The State Board of Education shall assist those |
districts and other eligible entities offering
early childhood |
parental training programs, upon request, in developing |
instructional
materials, training teachers and staff, and |
establishing appropriate time
allotments for each of the areas |
included in such instruction.
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(d) School districts and other eligible entities may offer |
early childhood parental training courses during that
period of |
the day which is not part of the regular school day. Residents
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of the community may enroll in such courses. The school board |
or other eligible entity may
establish fees and collect such |
charges as may be necessary for attendance
at such courses in |
an amount not to exceed the per capita cost of the
operation |
thereof, except that the board or other eligible entity may |
waive all or part of such
charges if it determines that the |
parent is indigent or that the
educational needs of the parent |
require his or her attendance at such courses.
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(e) Parents who participate in early childhood parental |
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training
programs under this Section may be eligible for |
reasonable reimbursement
of any incidental transportation and |
child care expenses from the school
district receiving funds |
pursuant to this Section.
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(f) Districts and other eligible entities receiving
grants |
pursuant to this Section shall
coordinate programs created |
under this
Section with other preschool educational programs, |
including "at-risk"
preschool programs, special and vocational |
education, and related
services provided by other governmental |
agencies and not-for-profit agencies.
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(g) The State Board of Education shall report to the |
General Assembly
by July 1, 1991, on the results of the |
programs funded pursuant to this
Section and whether a need |
continues
for such programs.
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(h) After July 1, 2006, any parental training services |
funded pursuant to this Section on the effective date of this |
amendatory Act of the 94th General Assembly shall continue to |
be funded pursuant to this Section, subject to appropriation |
and the meeting of program standards. Any additional parental |
training services must be funded, subject to appropriation, |
through preschool education grants pursuant to subdivision (4) |
of subsection (a) of Section 2-3.71 of this Code for families |
with children ages 3 to 5 and through prevention initiative |
grants pursuant to subsection (b) of Section 2-3.89 of this |
Code for expecting families and those with children from birth |
to 3 years of age.
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(i) Early childhood programs under this Section are subject |
to the requirements under paragraph (7) of subsection (a) of |
Section 2-3.71 of this Code. |
(Source: P.A. 94-506, eff. 8-8-05.)
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school |
searches.
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(a) To expel pupils 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 |
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 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 he 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 pupil, the written |
expulsion decision shall detail the specific reasons why |
removing the pupil from the learning environment is in the best |
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interest of the school. The expulsion decision shall also |
include a rationale as to the specific duration of the |
expulsion. 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.
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(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 pupils guilty of gross |
disobedience or misconduct, or
to suspend pupils 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
shall lie against them for such |
suspension. The board may by policy
authorize the |
superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend pupils |
guilty of such acts for a period not to exceed
10 school days. |
If a pupil is suspended due to gross disobedience or misconduct
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on a school bus, the board may suspend the pupil in excess of |
10
school
days for safety reasons. |
Any suspension shall be reported immediately to the
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parents or guardian of a pupil 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 |
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notice, including the reason for the suspension and the |
suspension length. Upon request of the
parents or guardian the |
school board or a hearing officer appointed by
it shall review |
such action of the superintendent or principal, assistant
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principal, or dean of students. At such
review the parents or |
guardian of the pupil 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 misconduct resulting in the |
decision to suspend. The suspension decision shall also include |
a rationale as to the specific duration of the suspension. A |
pupil who is suspended in excess of 20 school days 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 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.
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(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 |
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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 |
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 |
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student's continuing presence in school would either (i) pose a
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threat to the safety of other students, staff, or members of
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the school community or (ii) substantially disrupt, impede, or
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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 there were no |
other appropriate and available interventions. |
(b-25) Students who are suspended out-of-school for longer |
than 4 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 |
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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. |
(b-30) A school district shall create a policy by which |
suspended pupils, including those pupils 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 a pupil's |
parent or guardian to notify school officials that a pupil |
suspended from the school bus does not have alternate |
transportation to school. |
(c) The Department of Human Services
shall be invited to |
send a representative to consult with the board at
such meeting |
whenever there is evidence that mental illness may be the
cause |
for expulsion or suspension.
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(c-5) School districts shall make reasonable efforts to |
provide ongoing professional development to teachers, |
administrators, school board members, school resource |
officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom |
management strategies, culturally responsive discipline, and |
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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 |
may be modified by the board on a case-by-case basis. |
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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 his |
or her duties or employment status or status as a student |
inside the school.
|
(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 |
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.
|
(h) School officials shall not advise or encourage students |
to drop out voluntarily due to behavioral or academic |
difficulties. |
(i) A student may not be issued a monetary fine or fee as a |
disciplinary consequence, though this shall not preclude |
requiring a student to provide restitution for lost, stolen, or |
damaged property. |
(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) The expulsion of children 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. |
(Source: P.A. 99-456, eff. 9-15-16.)
|
Section 10. The Child Care Act of 1969 is amended by adding |
Section 5.10 as follows:
|
(225 ILCS 10/5.10 new) |
|
Sec. 5.10. Child care limitation on expulsions. Consistent |
with the purposes of this amendatory Act of the 100th General |
Assembly and the requirements therein under paragraph (7) of |
subsection (a) of Section 2-3.71 of the School Code, the |
Department, in consultation with the Governor's Office of Early |
Childhood Development and the State Board of Education, shall |
adopt rules prohibiting the use of expulsion due to a child's |
persistent and serious challenging behaviors in licensed day |
care centers, day care homes, and group day care homes. The |
rulemaking shall address, at a minimum, requirements for |
licensees to establish intervention and transition policies, |
notify parents of policies, document intervention steps, and |
collect and report data on children transitioning out of the |
program.
|
