Bill Text: IL HB2724 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2724 Detail]

Download: Illinois-2023-HB2724-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2724 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. Provides that when a student is suspended for more than 4 days, "appropriate and available support services" must include an option for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and because of the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
LRB103 28535 RJT 54916 b
A BILL FOR
HB2724 LRB103 28535 RJT 54916 b
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 Section
10-22.6 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
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 and been notified of the nature of the
hearing and the option of retaining legal counsel. 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

HB2724 - 2 - LRB103 28535 RJT 54916 b
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 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. The day after the suspension period is over,
the pupil may return to school. If a pupil is suspended due to

HB2724 - 3 - LRB103 28535 RJT 54916 b
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. For a pupil suspended due to gross disobedience or
misconduct on a school bus, a written decision about whether
the student is permitted to use a school bus shall be made
within 15 days of the incident that led to the student being
suspended.
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. Schools shall offer written demonstration of
remediation efforts excluding out of school suspensions,
including, but not limited to, attempts at peer meditation,
in-school suspension, a shorter period of a 3 to 5 day
suspension, and any previous parent or legal guardian
communications. Schools shall also use data to track whether
significant disproportionality based on race and ethnicity is
occurring both in the State and the district with respect to
the incidence, duration, and type of disciplinary removals
from placement, including suspensions and expulsions. If it is
determined that significant disproportionality is occurring,
the school shall provide that determination for annual review
and, if appropriate, revision of the policies, practices, and
procedures used in disciplinary removals to ensure that the
policies, practices, and procedures comply with the district's
equity requirements. The school board must be given a summary

HB2724 - 4 - LRB103 28535 RJT 54916 b
of the notice, including the reason for the suspension, and
the suspension length, and other evidence-based alternatives
to suspension. 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

HB2724 - 5 - LRB103 28535 RJT 54916 b
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
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

HB2724 - 6 - LRB103 28535 RJT 54916 b
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
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

HB2724 - 7 - LRB103 28535 RJT 54916 b
support services" shall be determined by school authorities,
but shall include an option for automatically placing the
student in an e-learning program or distance learning program
through written materials if (1) the removal is for more than 5
consecutive school days; or (2) the child has been subjected
to a series of removals that constitute a pattern, because the
series of removals total more than 10 school days in a school
year, because the child's behavior is substantially similar to
the child's behavior in previous incidents that resulted in
the series of removals, and because of the effects of
additional factors such as the length of each removal, the
total amount of time the child has been removed, and the
proximity of the removals to one another. Within the
suspension decision described in subsection (b) of this
Section, it shall be documented whether such services are to
be provided or whether it was determined that there are no such
appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(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

HB2724 - 8 - LRB103 28535 RJT 54916 b
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) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to 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, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,

HB2724 - 9 - LRB103 28535 RJT 54916 b
"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.
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

HB2724 - 10 - LRB103 28535 RJT 54916 b
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

HB2724 - 11 - LRB103 28535 RJT 54916 b
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

HB2724 - 12 - LRB103 28535 RJT 54916 b
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.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
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

HB2724 - 13 - LRB103 28535 RJT 54916 b
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior and been notified of the nature of the
hearing and the option of retaining legal counsel. 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 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

HB2724 - 14 - LRB103 28535 RJT 54916 b
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. The day after the suspension period is over,
the pupil may return to school. 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. For a pupil suspended due to gross disobedience or
misconduct on a school bus, a written decision about whether
the student is permitted to use a school bus shall be made
within 15 days of the incident that led to the student being
suspended.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. Schools shall offer written demonstration of
remediation efforts excluding out of school suspensions,
including, but not limited to, attempts at peer meditation,
in-school suspension, a shorter period of a 3 to 5 day

HB2724 - 15 - LRB103 28535 RJT 54916 b
suspension, and any previous parent or legal guardian
communications. Schools shall also use data to track whether
significant disproportionality based on race and ethnicity is
occurring both in the State and the district with respect to
the incidence, duration, and type of disciplinary removals
from placement, including suspensions and expulsions. If it is
determined that significant disproportionality is occurring,
the school shall provide that determination for annual review
and, if appropriate, revision of the policies, practices, and
procedures used in disciplinary removals to ensure that the
policies, practices, and procedures comply with the district's
equity requirements. The school board must be given a summary
of the notice, including the reason for the suspension, and
the suspension length, and other evidence-based alternatives
to suspension. Upon request of the parents or guardians, the
school board or a hearing officer appointed by it shall review
such action of the superintendent or principal, assistant
principal, or dean of students. At such review, the parents or
guardians of the 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

HB2724 - 16 - LRB103 28535 RJT 54916 b
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
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

HB2724 - 17 - LRB103 28535 RJT 54916 b
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
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

HB2724 - 18 - LRB103 28535 RJT 54916 b
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,
but shall include an option for automatically placing the
student in an e-learning program or distance learning program
through written materials if (1) the removal is for more than 5
consecutive school days; or (2) the child has been subjected
to a series of removals that constitute a pattern, because the
series of removals total more than 10 school days in a school
year, because the child's behavior is substantially similar to
the child's behavior in previous incidents that resulted in
the series of removals, and because of the effects of
additional factors such as the length of each removal, the
total amount of time the child has been removed, and the
proximity of the removals to one another. Within the
suspension decision described in subsection (b) of this

HB2724 - 19 - LRB103 28535 RJT 54916 b
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
parents or guardians to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be
considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the

HB2724 - 20 - LRB103 28535 RJT 54916 b
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.

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(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to 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, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section

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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.
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

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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

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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. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a

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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.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

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not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.