Bill Text: IL HB2663 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the School Code. Provides that early childhood programs receiving State Board of Education grants for preschool educational programs shall prohibit the expulsion of children. Provides instead that 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 and utilize a range of community resources. Sets forth provisions concerning the creation of a transition plan if there is documented evidence that all available interventions and supports recommended by a qualified professional have been exhausted; temporary removal of a child; the utilization of training, technical support, and professional development resources; and annually reporting to the State Board. Makes related changes. Amends the Child Care Act of 1969 to require the Department of Children and Family Services, in consultation with the Governor's Office of Early Childhood Development and the State Board of Education, to 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.

Spectrum: Moderate Partisan Bill (Democrat 49-15)

Status: (Passed) 2017-08-14 - Public Act . . . . . . . . . 100-0105 [HB2663 Detail]

Download: Illinois-2017-HB2663-Engrossed.html

---

HB2663 Engrossed LRB100 10114 NHT 20288 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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

HB2663 Engrossed - 2 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 3 - LRB100 10114 NHT 20288 b
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.
Section 5. The School Code is amended by changing Sections
2-3.71, 2-3.71a, and 10-22.6 as follows:

HB2663 Engrossed - 4 - LRB100 10114 NHT 20288 b
(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
Sec. 2-3.71. Grants for preschool educational programs.
(a) Preschool program.
(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
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.
(2) (Blank).
(3) Any teacher of preschool children in the program
authorized by this subsection shall hold an early childhood
teaching certificate.
(4) (Blank).
(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

HB2663 Engrossed - 5 - LRB100 10114 NHT 20288 b
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,

HB2663 Engrossed - 6 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 7 - LRB100 10114 NHT 20288 b
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.
(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.
(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

HB2663 Engrossed - 8 - LRB100 10114 NHT 20288 b
been enrolled in preschool educational programs.
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

HB2663 Engrossed - 9 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 10 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 11 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 12 - LRB100 10114 NHT 20288 b
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).
(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.)
(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
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

HB2663 Engrossed - 13 - LRB100 10114 NHT 20288 b
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.
(a) As used in this Section, "parental training" means and
includes instruction in the following:
(1) Child growth and development, including prenatal
development.
(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and
infants.
(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic
and psychological aspects of interpersonal and family
relationships.
(7) Parenting skill development.
The programs shall include activities that require

HB2663 Engrossed - 14 - LRB100 10114 NHT 20288 b
substantial participation and interaction between parent and
child.
(b) The Board shall annually award funds through a grant
approval process established by the State Board of Education,
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.
(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.
(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
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.
(e) Parents who participate in early childhood parental

HB2663 Engrossed - 15 - LRB100 10114 NHT 20288 b
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.
(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.
(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.
(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.

HB2663 Engrossed - 16 - LRB100 10114 NHT 20288 b
(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.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(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

HB2663 Engrossed - 17 - LRB100 10114 NHT 20288 b
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.
(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
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
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
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

HB2663 Engrossed - 18 - LRB100 10114 NHT 20288 b
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
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.
(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

HB2663 Engrossed - 19 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 20 - LRB100 10114 NHT 20288 b
student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this Section
or the expulsion decision described in subsection (a) of this
Section, it shall be documented whether other interventions
were attempted or whether it was determined that 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

HB2663 Engrossed - 21 - LRB100 10114 NHT 20288 b
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.
(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

HB2663 Engrossed - 22 - LRB100 10114 NHT 20288 b
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.

HB2663 Engrossed - 23 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 24 - LRB100 10114 NHT 20288 b
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

HB2663 Engrossed - 25 - LRB100 10114 NHT 20288 b
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)

HB2663 Engrossed - 26 - LRB100 10114 NHT 20288 b
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.