Bill Text: IL HB4216 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4216 Detail]

Download: Illinois-2023-HB4216-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4216

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:
50 ILCS 705/10.2
50 ILCS 705/10.25 new
50 ILCS 706/10-15
105 ILCS 5/10-20.64
105 ILCS 5/10-20.85 new
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11
105 ILCS 5/22-85
105 ILCS 5/22-88
105 ILCS 5/26A-20
105 ILCS 5/27-23.7
105 ILCS 5/34-18.57

Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Standards Board shall approve a course for school safety officers (a retired law enforcement officer who has been hired by a school district to perform security services). Sets forth training and certification requirements, including firearm certification. Provides that an applicant for employment as a school safety officer must authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a school safety officer. Amends the Law Enforcement Officer-Worn Body Camera Act. Exempts school safety officers from the Act if a school board does not require officer-worn body cameras. Amends the School Code. Provides that, beginning January 1, 2025, a school may employ a school safety officer. Requires a school safety officer applicant to provide the school district a certificate of completion or approved waiver issued by the Illinois Law Enforcement Training Standards Board. Provides that a school safety officer shall wear a uniform that clearly identifies the officer as a school safety officer. Provides that a school safety officer may detain a person when the officer has reasonable suspicion to believe that an offense, other than an ordinance violation, is being committed. Provides that a school safety officer may carry a firearm as long as the officer is certified under specified provisions of the Illinois Police Training Act. Adds references to school safety officers throughout the Code. Effective immediately.
LRB103 32061 AWJ 60995 b

A BILL FOR

HB4216LRB103 32061 AWJ 60995 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended by
5changing Section 10.2 and by adding Section 10.25 as follows:
6 (50 ILCS 705/10.2)
7 Sec. 10.2. Criminal background investigations.
8 (a) On and after March 14, 2002 (the effective date of
9Public Act 92-533), an applicant for employment as a peace
10officer or school safety officer, or for annual certification
11as a retired law enforcement officer qualified under federal
12law to carry a concealed weapon, shall authorize an
13investigation to determine if the applicant has been convicted
14of any criminal offense that disqualifies the person as a
15peace officer or school safety officer.
16 (b) No law enforcement agency may knowingly employ a
17person, or certify a retired law enforcement officer qualified
18under federal law to carry a concealed weapon, unless (i) a
19criminal background investigation of that person has been
20completed and (ii) that investigation reveals no convictions
21of or pleas of guilty to offenses specified in subsection (a)
22of Section 6.1 of this Act.
23(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;

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1102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
2 (50 ILCS 705/10.25 new)
3 Sec. 10.25. School safety officers.
4 (a) The Board shall develop a course for school safety
5officers, as defined in Section 10-20.85 of the School Code.
6 (b) The school safety officer course shall be developed
7within one year after the effective date of this amendatory
8Act of the 103rd General Assembly and shall be created in
9consultation with organizations demonstrating expertise and or
10experience in the areas of youth and adolescent developmental
11issues, educational administrative issues, prevention of child
12abuse and exploitation, youth mental health treatment, and
13juvenile advocacy.
14 Training shall include de-escalation, use of force, mental
15health awareness and response, officer wellness, reporting
16child abuse and neglect, and cultural competency. The training
17shall also include a separate firearm certification course.
18 (c) The Board shall develop a process allowing school
19boards to request a waiver of this training requirement,
20except for the firearm certification course, for an individual
21who would be assigned as a school safety officer. Applications
22for these waivers may be submitted by a school board for any
23officer whose prior training and experience may qualify for a
24waiver of the training requirement of this subsection. The
25Board may issue a waiver at its discretion, based solely on the

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1prior training and experience of an officer.
2 (d) Upon completion, the school board shall be issued a
3certificate attesting to a specific officer's completion of
4the school safety officer training and a separate
5certification for completion of the firearm certification
6course. Additionally, a letter of approval shall be issued to
7the school board for any officer who is approved for a training
8waiver under this subsection.
9 (e) The Board may adopt rules to implement this Section.
10 Section 10. The Law Enforcement Officer-Worn Body Camera
11Act is amended by changing Section 10-15 as follows:
12 (50 ILCS 706/10-15)
13 Sec. 10-15. Applicability.
14 (a) All law enforcement agencies must employ the use of
15officer-worn body cameras in accordance with the provisions of
16this Act, whether or not the agency receives or has received
17monies from the Law Enforcement Camera Grant Fund.
18 (b) Except as provided in subsection (b-5), all law
19enforcement agencies must implement the use of body cameras
20for all law enforcement officers, according to the following
21schedule:
22 (1) for municipalities and counties with populations
23 of 500,000 or more, body cameras shall be implemented by
24 January 1, 2022;

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1 (2) for municipalities and counties with populations
2 of 100,000 or more but under 500,000, body cameras shall
3 be implemented by January 1, 2023;
4 (3) for municipalities and counties with populations
5 of 50,000 or more but under 100,000, body cameras shall be
6 implemented by January 1, 2024;
7 (4) for municipalities and counties under 50,000, body
8 cameras shall be implemented by January 1, 2025; and
9 (5) for all State agencies with law enforcement
10 officers and other remaining law enforcement agencies,
11 body cameras shall be implemented by January 1, 2025.
12 (b-5) If a law enforcement agency that serves a
13municipality with a population of at least 100,000 but not
14more than 500,000 or a law enforcement agency that serves a
15county with a population of at least 100,000 but not more than
16500,000 has ordered by October 1, 2022 or purchased by that
17date officer-worn body cameras for use by the law enforcement
18agency, then the law enforcement agency may implement the use
19of body cameras for all of its law enforcement officers by no
20later than July 1, 2023. Records of purchase within this
21timeline shall be submitted to the Illinois Law Enforcement
22Training Standards Board by January 1, 2023.
23 (c) A law enforcement agency's compliance with the
24requirements under this Section shall receive preference by
25the Illinois Law Enforcement Training Standards Board in
26awarding grant funding under the Law Enforcement Camera Grant

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1Act.
2 (d) This Section does not apply to court security
3officers, State's Attorney investigators, and Attorney General
4investigators. This Section does not apply to a school safety
5officer if a school board does not require the officer to wear
6an officer-worn body camera.
7(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
8102-1104, eff. 12-6-22.)
9 Section 15. The School Code is amended by changing
10Sections 10-20.64, 10-22.6, 17-2.11, 22-85, 22-88, 26A-20,
1127-23.7, and 34-18.57 and by adding Section 10-20.85 as
12follows:
13 (105 ILCS 5/10-20.64)
14 Sec. 10-20.64. Booking stations on school grounds.
15 (a) There shall be no student booking station established
16or maintained on the grounds of any school.
17 (b) This prohibition shall be applied to student booking
18stations only, as defined in this Section. The prohibition
19does not prohibit or affect the establishment or maintenance
20of any place operated by or under the control of law
21enforcement personnel, school resource officers, school safety
22officers, or other security personnel that does not also
23qualify as a student booking station as defined in paragraph
24(2) of subsection (d) of this Section. The prohibition does

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1not affect or limit the powers afforded law enforcement
2officers to perform their duties within schools as otherwise
3prescribed by law.
4 (c) When the underlying suspected or alleged criminal act
5is an act of violence, and isolation of a student or students
6is deemed necessary to the interest of public safety, and no
7other location is adequate for secure isolation of the student
8or students, offices as described in paragraph (1) of
9subsection (d) of this Section may be employed to detain
10students for a period no longer than that required to
11alleviate that threat to public safety.
12 (d) As used in this Section, "student booking station"
13means a building, office, room, or any indefinitely
14established space or site, mobile or fixed, which operates
15concurrently as:
16 (1) predominantly or regularly a place of operation
17 for a municipal police department, county sheriff
18 department, or other law enforcement agency, or under the
19 primary control thereof; and
20 (2) a site at which students are detained in
21 connection with criminal charges or allegations against
22 those students, taken into custody, or engaged with law
23 enforcement personnel in any process that creates a law
24 enforcement record of that contact with law enforcement
25 personnel or processes.
26(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)

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1 (105 ILCS 5/10-20.85 new)
2 Sec. 10-20.85. School safety officers.
3 (a) In this Section, "school safety officer" means a
4retired law enforcement officer who has been hired by a school
5district to perform security services.
6 (b) Beginning January 1, 2025, a school district may
7employ a school safety officer with jurisdiction only on
8school grounds. Prior to beginning employment, the school
9safety officer must provide the school district a certificate
10of completion or approved waiver issued by the Illinois Law
11Enforcement Training Standards Board under Section 10.25 of
12the Illinois Police Training Act.
13 (c) A school safety officer shall wear a uniform that
14clearly identifies the officer as a school safety officer. A
15school district may issue a badge for school safety officers,
16but the badge must clearly state that the individual is a
17school safety officer and indicate the school to which the
18officer is assigned.
19 (d) A school safety officer may detain a person when the
20officer has reasonable suspicion to believe that an offense,
21other than an ordinance violation, is being committed and
22until an arrest by a law enforcement agency or administrative
23action by the school.
24 (e) A school safety officer may carry a firearm as long as
25the officer received firearm certification under Section 10.25

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1of the Illinois Police Training Act.
2 (f) A school board may require a school safety officer to
3wear an officer-worn body camera when on duty.
4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5 (Text of Section before amendment by P.A. 102-466)
6 Sec. 10-22.6. Suspension or expulsion of pupils; school
7searches.
8 (a) To expel pupils guilty of gross disobedience or
9misconduct, including gross disobedience or misconduct
10perpetuated by electronic means, pursuant to subsection (b-20)
11of this Section, and no action shall lie against them for such
12expulsion. Expulsion shall take place only after the parents
13have been requested to appear at a meeting of the board, or
14with a hearing officer appointed by it, to discuss their
15child's behavior. Such request shall be made by registered or
16certified mail and shall state the time, place and purpose of
17the meeting. The board, or a hearing officer appointed by it,
18at such meeting shall state the reasons for dismissal and the
19date on which the expulsion is to become effective. If a
20hearing officer is appointed by the board, he shall report to
21the board a written summary of the evidence heard at the
22meeting and the board may take such action thereon as it finds
23appropriate. If the board acts to expel a pupil, the written
24expulsion decision shall detail the specific reasons why
25removing the pupil from the learning environment is in the

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1best interest of the school. The expulsion decision shall also
2include a rationale as to the specific duration of the
3expulsion. An expelled pupil may be immediately transferred to
4an alternative program in the manner provided in Article 13A
5or 13B of this Code. A pupil must not be denied transfer
6because of the expulsion, except in cases in which such
7transfer is deemed to cause a threat to the safety of students
8or staff in the alternative program.
9 (b) To suspend or by policy to authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend pupils
12guilty of gross disobedience or misconduct, or to suspend
13pupils guilty of gross disobedience or misconduct on the
14school bus from riding the school bus, pursuant to subsections
15(b-15) and (b-20) of this Section, and no action shall lie
16against them for such suspension. The board may by policy
17authorize the superintendent of the district or the principal,
18assistant principal, or dean of students of any school to
19suspend pupils guilty of such acts for a period not to exceed
2010 school days. If a pupil is suspended due to gross
21disobedience or misconduct on a school bus, the board may
22suspend the pupil in excess of 10 school days for safety
23reasons.
24 Any suspension shall be reported immediately to the
25parents or guardian of a pupil along with a full statement of
26the reasons for such suspension and a notice of their right to

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1a review. The school board must be given a summary of the
2notice, including the reason for the suspension and the
3suspension length. Upon request of the parents or guardian,
4the school board or a hearing officer appointed by it shall
5review such action of the superintendent or principal,
6assistant principal, or dean of students. At such review, the
7parents or guardian of the pupil may appear and discuss the
8suspension with the board or its hearing officer. If a hearing
9officer is appointed by the board, he shall report to the board
10a written summary of the evidence heard at the meeting. After
11its hearing or upon receipt of the written report of its
12hearing officer, the board may take such action as it finds
13appropriate. If a student is suspended pursuant to this
14subsection (b), the board shall, in the written suspension
15decision, detail the specific act of gross disobedience or
16misconduct resulting in the decision to suspend. The
17suspension decision shall also include a rationale as to the
18specific duration of the suspension. A pupil who is suspended
19in excess of 20 school days may be immediately transferred to
20an alternative program in the manner provided in Article 13A
21or 13B of this Code. A pupil must not be denied transfer
22because of the suspension, except in cases in which such
23transfer is deemed to cause a threat to the safety of students
24or staff in the alternative program.
25 (b-5) Among the many possible disciplinary interventions
26and consequences available to school officials, school

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1exclusions, such as out-of-school suspensions and expulsions,
2are the most serious. School officials shall limit the number
3and duration of expulsions and suspensions to the greatest
4extent practicable, and it is recommended that they use them
5only for legitimate educational purposes. To ensure that
6students are not excluded from school unnecessarily, it is
7recommended that school officials consider forms of
8non-exclusionary discipline prior to using out-of-school
9suspensions or expulsions.
10 (b-10) Unless otherwise required by federal law or this
11Code, school boards may not institute zero-tolerance policies
12by which school administrators are required to suspend or
13expel students for particular behaviors.
14 (b-15) Out-of-school suspensions of 3 days or less may be
15used only if the student's continuing presence in school would
16pose a threat to school safety or a disruption to other
17students' learning opportunities. For purposes of this
18subsection (b-15), "threat to school safety or a disruption to
19other students' learning opportunities" shall be determined on
20a case-by-case basis by the school board or its designee.
21School officials shall make all reasonable efforts to resolve
22such threats, address such disruptions, and minimize the
23length of suspensions to the greatest extent practicable.
24 (b-20) Unless otherwise required by this Code,
25out-of-school suspensions of longer than 3 days, expulsions,
26and disciplinary removals to alternative schools may be used

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1only if other appropriate and available behavioral and
2disciplinary interventions have been exhausted and the
3student's continuing presence in school would either (i) pose
4a threat to the safety of other students, staff, or members of
5the school community or (ii) substantially disrupt, impede, or
6interfere with the operation of the school. For purposes of
7this subsection (b-20), "threat to the safety of other
8students, staff, or members of the school community" and
9"substantially disrupt, impede, or interfere with the
10operation of the school" shall be determined on a case-by-case
11basis by school officials. For purposes of this subsection
12(b-20), the determination of whether "appropriate and
13available behavioral and disciplinary interventions have been
14exhausted" shall be made by school officials. School officials
15shall make all reasonable efforts to resolve such threats,
16address such disruptions, and minimize the length of student
17exclusions to the greatest extent practicable. Within the
18suspension decision described in subsection (b) of this
19Section or the expulsion decision described in subsection (a)
20of this Section, it shall be documented whether other
21interventions were attempted or whether it was determined that
22there were no other appropriate and available interventions.
23 (b-25) Students who are suspended out-of-school for longer
24than 4 school days shall be provided appropriate and available
25support services during the period of their suspension. For
26purposes of this subsection (b-25), "appropriate and available

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1support services" shall be determined by school authorities.
2Within the suspension decision described in subsection (b) of
3this Section, it shall be documented whether such services are
4to be provided or whether it was determined that there are no
5such appropriate and available services.
6 A school district may refer students who are expelled to
7appropriate and available support services.
8 A school district shall create a policy to facilitate the
9re-engagement of students who are suspended out-of-school,
10expelled, or returning from an alternative school setting.
11 (b-30) A school district shall create a policy by which
12suspended pupils, including those pupils suspended from the
13school bus who do not have alternate transportation to school,
14shall have the opportunity to make up work for equivalent
15academic credit. It shall be the responsibility of a pupil's
16parent or guardian to notify school officials that a pupil
17suspended from the school bus does not have alternate
18transportation to school.
19 (c) A school board must invite a representative from a
20local mental health agency to consult with the board at the
21meeting whenever there is evidence that mental illness may be
22the cause of a student's expulsion or suspension.
23 (c-5) School districts shall make reasonable efforts to
24provide ongoing professional development to teachers,
25administrators, school board members, school resource
26officers, school safety officers, and staff on the adverse

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1consequences of school exclusion and justice-system
2involvement, effective classroom management strategies,
3culturally responsive discipline, the appropriate and
4available supportive services for the promotion of student
5attendance and engagement, and developmentally appropriate
6disciplinary methods that promote positive and healthy school
7climates.
8 (d) The board may expel a student for a definite period of
9time not to exceed 2 calendar years, as determined on a
10case-by-case basis. A student who is determined to have
11brought one of the following objects to school, any
12school-sponsored activity or event, or any activity or event
13that bears a reasonable relationship to school shall be
14expelled for a period of not less than one year:
15 (1) A firearm. For the purposes of this Section,
16 "firearm" means any gun, rifle, shotgun, weapon as defined
17 by Section 921 of Title 18 of the United States Code,
18 firearm as defined in Section 1.1 of the Firearm Owners
19 Identification Card Act, or firearm as defined in Section
20 24-1 of the Criminal Code of 2012. The expulsion period
21 under this subdivision (1) may be modified by the
22 superintendent, and the superintendent's determination may
23 be modified by the board on a case-by-case basis.
24 (2) A knife, brass knuckles or other knuckle weapon
25 regardless of its composition, a billy club, or any other
26 object if used or attempted to be used to cause bodily

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1 harm, including "look alikes" of any firearm as defined in
2 subdivision (1) of this subsection (d). The expulsion
3 requirement under this subdivision (2) may be modified by
4 the superintendent, and the superintendent's determination
5 may be modified by the board on a case-by-case basis.
6Expulsion or suspension shall be construed in a manner
7consistent with the federal Individuals with Disabilities
8Education Act. A student who is subject to suspension or
9expulsion as provided in this Section may be eligible for a
10transfer to an alternative school program in accordance with
11Article 13A of the School Code.
12 (d-5) The board may suspend or by regulation authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend a
15student for a period not to exceed 10 school days or may expel
16a student for a definite period of time not to exceed 2
17calendar years, as determined on a case-by-case basis, if (i)
18that student has been determined to have made an explicit
19threat on an Internet website against a school employee, a
20student, or any school-related personnel, (ii) the Internet
21website through which the threat was made is a site that was
22accessible within the school at the time the threat was made or
23was available to third parties who worked or studied within
24the school grounds at the time the threat was made, and (iii)
25the threat could be reasonably interpreted as threatening to
26the safety and security of the threatened individual because

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1of his or her duties or employment status or status as a
2student inside the school.
3 (e) To maintain order and security in the schools, school
4authorities may inspect and search places and areas such as
5lockers, desks, parking lots, and other school property and
6equipment owned or controlled by the school, as well as
7personal effects left in those places and areas by students,
8without notice to or the consent of the student, and without a
9search warrant. As a matter of public policy, the General
10Assembly finds that students have no reasonable expectation of
11privacy in these places and areas or in their personal effects
12left in these places and areas. School authorities may request
13the assistance of law enforcement officials for the purpose of
14conducting inspections and searches of lockers, desks, parking
15lots, and other school property and equipment owned or
16controlled by the school for illegal drugs, weapons, or other
17illegal or dangerous substances or materials, including
18searches conducted through the use of specially trained dogs.
19If a search conducted in accordance with this Section produces
20evidence that the student has violated or is violating either
21the law, local ordinance, or the school's policies or rules,
22such evidence may be seized by school authorities, and
23disciplinary action may be taken. School authorities may also
24turn over such evidence to law enforcement authorities.
25 (f) Suspension or expulsion may include suspension or
26expulsion from school and all school activities and a

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1prohibition from being present on school grounds.
2 (g) A school district may adopt a policy providing that if
3a student is suspended or expelled for any reason from any
4public or private school in this or any other state, the
5student must complete the entire term of the suspension or
6expulsion in an alternative school program under Article 13A
7of this Code or an alternative learning opportunities program
8under Article 13B of this Code before being admitted into the
9school district if there is no threat to the safety of students
10or staff in the alternative program.
11 (h) School officials shall not advise or encourage
12students to drop out voluntarily due to behavioral or academic
13difficulties.
14 (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen,
17or damaged property.
18 (j) Subsections (a) through (i) of this Section shall
19apply to elementary and secondary schools, charter schools,
20special charter districts, and school districts organized
21under Article 34 of this Code.
22 (k) The expulsion of children enrolled in programs funded
23under Section 1C-2 of this Code is subject to the requirements
24under paragraph (7) of subsection (a) of Section 2-3.71 of
25this Code.
26 (l) Beginning with the 2018-2019 school year, an in-school

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1suspension program provided by a school district for any
2students in kindergarten through grade 12 may focus on
3promoting non-violent conflict resolution and positive
4interaction with other students and school personnel. A school
5district may employ a school social worker or a licensed
6mental health professional to oversee an in-school suspension
7program in kindergarten through grade 12.
8(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
9102-813, eff. 5-13-22.)
10 (Text of Section after amendment by P.A. 102-466)
11 Sec. 10-22.6. Suspension or expulsion of pupils; school
12searches.
13 (a) To expel pupils guilty of gross disobedience or
14misconduct, including gross disobedience or misconduct
15perpetuated by electronic means, pursuant to subsection (b-20)
16of this Section, and no action shall lie against them for such
17expulsion. Expulsion shall take place only after the parents
18or guardians have been requested to appear at a meeting of the
19board, or with a hearing officer appointed by it, to discuss
20their child's behavior. Such request shall be made by
21registered or certified mail and shall state the time, place
22and purpose of the meeting. The board, or a hearing officer
23appointed by it, at such meeting shall state the reasons for
24dismissal and the date on which the expulsion is to become
25effective. If a hearing officer is appointed by the board, he

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1shall report to the board a written summary of the evidence
2heard at the meeting and the board may take such action thereon
3as it finds appropriate. If the board acts to expel a pupil,
4the written expulsion decision shall detail the specific
5reasons why removing the pupil from the learning environment
6is in the best interest of the school. The expulsion decision
7shall also include a rationale as to the specific duration of
8the expulsion. An expelled pupil may be immediately
9transferred to an alternative program in the manner provided
10in Article 13A or 13B of this Code. A pupil must not be denied
11transfer because of the expulsion, except in cases in which
12such transfer is deemed to cause a threat to the safety of
13students or staff in the alternative program.
14 (b) To suspend or by policy to authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend pupils
17guilty of gross disobedience or misconduct, or to suspend
18pupils guilty of gross disobedience or misconduct on the
19school bus from riding the school bus, pursuant to subsections
20(b-15) and (b-20) of this Section, and no action shall lie
21against them for such suspension. The board may by policy
22authorize the superintendent of the district or the principal,
23assistant principal, or dean of students of any school to
24suspend pupils guilty of such acts for a period not to exceed
2510 school days. If a pupil is suspended due to gross
26disobedience or misconduct on a school bus, the board may

HB4216- 20 -LRB103 32061 AWJ 60995 b
1suspend the pupil in excess of 10 school days for safety
2reasons.
3 Any suspension shall be reported immediately to the
4parents or guardians of a pupil along with a full statement of
5the reasons for such suspension and a notice of their right to
6a review. The school board must be given a summary of the
7notice, including the reason for the suspension and the
8suspension length. Upon request of the parents or guardians,
9the school board or a hearing officer appointed by it shall
10review such action of the superintendent or principal,
11assistant principal, or dean of students. At such review, the
12parents or guardians of the pupil may appear and discuss the
13suspension with the board or its hearing officer. If a hearing
14officer is appointed by the board, he shall report to the board
15a written summary of the evidence heard at the meeting. After
16its hearing or upon receipt of the written report of its
17hearing officer, the board may take such action as it finds
18appropriate. If a student is suspended pursuant to this
19subsection (b), the board shall, in the written suspension
20decision, detail the specific act of gross disobedience or
21misconduct resulting in the decision to suspend. The
22suspension decision shall also include a rationale as to the
23specific duration of the suspension. A pupil who is suspended
24in excess of 20 school days may be immediately transferred to
25an alternative program in the manner provided in Article 13A
26or 13B of this Code. A pupil must not be denied transfer

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1because of the suspension, except in cases in which such
2transfer is deemed to cause a threat to the safety of students
3or staff in the alternative program.
4 (b-5) Among the many possible disciplinary interventions
5and consequences available to school officials, school
6exclusions, such as out-of-school suspensions and expulsions,
7are the most serious. School officials shall limit the number
8and duration of expulsions and suspensions to the greatest
9extent practicable, and it is recommended that they use them
10only for legitimate educational purposes. To ensure that
11students are not excluded from school unnecessarily, it is
12recommended that school officials consider forms of
13non-exclusionary discipline prior to using out-of-school
14suspensions or expulsions.
15 (b-10) Unless otherwise required by federal law or this
16Code, school boards may not institute zero-tolerance policies
17by which school administrators are required to suspend or
18expel students for particular behaviors.
19 (b-15) Out-of-school suspensions of 3 days or less may be
20used only if the student's continuing presence in school would
21pose a threat to school safety or a disruption to other
22students' learning opportunities. For purposes of this
23subsection (b-15), "threat to school safety or a disruption to
24other students' learning opportunities" shall be determined on
25a case-by-case basis by the school board or its designee.
26School officials shall make all reasonable efforts to resolve

HB4216- 22 -LRB103 32061 AWJ 60995 b
1such threats, address such disruptions, and minimize the
2length of suspensions to the greatest extent practicable.
3 (b-20) Unless otherwise required by this Code,
4out-of-school suspensions of longer than 3 days, expulsions,
5and disciplinary removals to alternative schools may be used
6only if other appropriate and available behavioral and
7disciplinary interventions have been exhausted and the
8student's continuing presence in school would either (i) pose
9a threat to the safety of other students, staff, or members of
10the school community or (ii) substantially disrupt, impede, or
11interfere with the operation of the school. For purposes of
12this subsection (b-20), "threat to the safety of other
13students, staff, or members of the school community" and
14"substantially disrupt, impede, or interfere with the
15operation of the school" shall be determined on a case-by-case
16basis by school officials. For purposes of this subsection
17(b-20), the determination of whether "appropriate and
18available behavioral and disciplinary interventions have been
19exhausted" shall be made by school officials. School officials
20shall make all reasonable efforts to resolve such threats,
21address such disruptions, and minimize the length of student
22exclusions to the greatest extent practicable. Within the
23suspension decision described in subsection (b) of this
24Section or the expulsion decision described in subsection (a)
25of this Section, it shall be documented whether other
26interventions were attempted or whether it was determined that

HB4216- 23 -LRB103 32061 AWJ 60995 b
1there were no other appropriate and available interventions.
2 (b-25) Students who are suspended out-of-school for longer
3than 4 school days shall be provided appropriate and available
4support services during the period of their suspension. For
5purposes of this subsection (b-25), "appropriate and available
6support services" shall be determined by school authorities.
7Within the suspension decision described in subsection (b) of
8this Section, it shall be documented whether such services are
9to be provided or whether it was determined that there are no
10such appropriate and available services.
11 A school district may refer students who are expelled to
12appropriate and available support services.
13 A school district shall create a policy to facilitate the
14re-engagement of students who are suspended out-of-school,
15expelled, or returning from an alternative school setting.
16 (b-30) A school district shall create a policy by which
17suspended pupils, including those pupils suspended from the
18school bus who do not have alternate transportation to school,
19shall have the opportunity to make up work for equivalent
20academic credit. It shall be the responsibility of a pupil's
21parents or guardians to notify school officials that a pupil
22suspended from the school bus does not have alternate
23transportation to school.
24 (b-35) In all suspension review hearings conducted under
25subsection (b) or expulsion hearings conducted under
26subsection (a), a student may disclose any factor to be

HB4216- 24 -LRB103 32061 AWJ 60995 b
1considered in mitigation, including his or her status as a
2parent, expectant parent, or victim of domestic or sexual
3violence, as defined in Article 26A. A representative of the
4parent's or guardian's choice, or of the student's choice if
5emancipated, must be permitted to represent the student
6throughout the proceedings and to address the school board or
7its appointed hearing officer. With the approval of the
8student's parent or guardian, or of the student if
9emancipated, a support person must be permitted to accompany
10the student to any disciplinary hearings or proceedings. The
11representative or support person must comply with any rules of
12the school district's hearing process. If the representative
13or support person violates the rules or engages in behavior or
14advocacy that harasses, abuses, or intimidates either party, a
15witness, or anyone else in attendance at the hearing, the
16representative or support person may be prohibited from
17further participation in the hearing or proceeding. A
18suspension or expulsion proceeding under this subsection
19(b-35) must be conducted independently from any ongoing
20criminal investigation or proceeding, and an absence of
21pending or possible criminal charges, criminal investigations,
22or proceedings may not be a factor in school disciplinary
23decisions.
24 (b-40) During a suspension review hearing conducted under
25subsection (b) or an expulsion hearing conducted under
26subsection (a) that involves allegations of sexual violence by

HB4216- 25 -LRB103 32061 AWJ 60995 b
1the student who is subject to discipline, neither the student
2nor his or her representative shall directly question nor have
3direct contact with the alleged victim. The student who is
4subject to discipline or his or her representative may, at the
5discretion and direction of the school board or its appointed
6hearing officer, suggest questions to be posed by the school
7board or its appointed hearing officer to the alleged victim.
8 (c) A school board must invite a representative from a
9local mental health agency to consult with the board at the
10meeting whenever there is evidence that mental illness may be
11the cause of a student's expulsion or suspension.
12 (c-5) School districts shall make reasonable efforts to
13provide ongoing professional development to teachers,
14administrators, school board members, school resource
15officers, school safety officers, and staff on the adverse
16consequences of school exclusion and justice-system
17involvement, effective classroom management strategies,
18culturally responsive discipline, the appropriate and
19available supportive services for the promotion of student
20attendance and engagement, and developmentally appropriate
21disciplinary methods that promote positive and healthy school
22climates.
23 (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case basis. A student who is determined to have
26brought one of the following objects to school, any

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1school-sponsored activity or event, or any activity or event
2that bears a reasonable relationship to school shall be
3expelled for a period of not less than one year:
4 (1) A firearm. For the purposes of this Section,
5 "firearm" means any gun, rifle, shotgun, weapon as defined
6 by Section 921 of Title 18 of the United States Code,
7 firearm as defined in Section 1.1 of the Firearm Owners
8 Identification Card Act, or firearm as defined in Section
9 24-1 of the Criminal Code of 2012. The expulsion period
10 under this subdivision (1) may be modified by the
11 superintendent, and the superintendent's determination may
12 be modified by the board on a case-by-case basis.
13 (2) A knife, brass knuckles or other knuckle weapon
14 regardless of its composition, a billy club, or any other
15 object if used or attempted to be used to cause bodily
16 harm, including "look alikes" of any firearm as defined in
17 subdivision (1) of this subsection (d). The expulsion
18 requirement under this subdivision (2) may be modified by
19 the superintendent, and the superintendent's determination
20 may be modified by the board on a case-by-case basis.
21Expulsion or suspension shall be construed in a manner
22consistent with the federal Individuals with Disabilities
23Education Act. A student who is subject to suspension or
24expulsion as provided in this Section may be eligible for a
25transfer to an alternative school program in accordance with
26Article 13A of the School Code.

HB4216- 27 -LRB103 32061 AWJ 60995 b
1 (d-5) The board may suspend or by regulation authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend a
4student for a period not to exceed 10 school days or may expel
5a student for a definite period of time not to exceed 2
6calendar years, as determined on a case-by-case basis, if (i)
7that student has been determined to have made an explicit
8threat on an Internet website against a school employee, a
9student, or any school-related personnel, (ii) the Internet
10website through which the threat was made is a site that was
11accessible within the school at the time the threat was made or
12was available to third parties who worked or studied within
13the school grounds at the time the threat was made, and (iii)
14the threat could be reasonably interpreted as threatening to
15the safety and security of the threatened individual because
16of his or her duties or employment status or status as a
17student inside the school.
18 (e) To maintain order and security in the schools, school
19authorities may inspect and search places and areas such as
20lockers, desks, parking lots, and other school property and
21equipment owned or controlled by the school, as well as
22personal effects left in those places and areas by students,
23without notice to or the consent of the student, and without a
24search warrant. As a matter of public policy, the General
25Assembly finds that students have no reasonable expectation of
26privacy in these places and areas or in their personal effects

HB4216- 28 -LRB103 32061 AWJ 60995 b
1left in these places and areas. School authorities may request
2the assistance of law enforcement officials for the purpose of
3conducting inspections and searches of lockers, desks, parking
4lots, and other school property and equipment owned or
5controlled by the school for illegal drugs, weapons, or other
6illegal or dangerous substances or materials, including
7searches conducted through the use of specially trained dogs.
8If a search conducted in accordance with this Section produces
9evidence that the student has violated or is violating either
10the law, local ordinance, or the school's policies or rules,
11such evidence may be seized by school authorities, and
12disciplinary action may be taken. School authorities may also
13turn over such evidence to law enforcement authorities.
14 (f) Suspension or expulsion may include suspension or
15expulsion from school and all school activities and a
16prohibition from being present on school grounds.
17 (g) A school district may adopt a policy providing that if
18a student is suspended or expelled for any reason from any
19public or private school in this or any other state, the
20student must complete the entire term of the suspension or
21expulsion in an alternative school program under Article 13A
22of this Code or an alternative learning opportunities program
23under Article 13B of this Code before being admitted into the
24school district if there is no threat to the safety of students
25or staff in the alternative program. A school district that
26adopts a policy under this subsection (g) must include a

HB4216- 29 -LRB103 32061 AWJ 60995 b
1provision allowing for consideration of any mitigating
2factors, including, but not limited to, a student's status as
3a parent, expectant parent, or victim of domestic or sexual
4violence, as defined in Article 26A.
5 (h) School officials shall not advise or encourage
6students to drop out voluntarily due to behavioral or academic
7difficulties.
8 (i) A student may not be issued a monetary fine or fee as a
9disciplinary consequence, though this shall not preclude
10requiring a student to provide restitution for lost, stolen,
11or damaged property.
12 (j) Subsections (a) through (i) of this Section shall
13apply to elementary and secondary schools, charter schools,
14special charter districts, and school districts organized
15under Article 34 of this Code.
16 (k) The expulsion of children enrolled in programs funded
17under Section 1C-2 of this Code is subject to the requirements
18under paragraph (7) of subsection (a) of Section 2-3.71 of
19this Code.
20 (l) Beginning with the 2018-2019 school year, an in-school
21suspension program provided by a school district for any
22students in kindergarten through grade 12 may focus on
23promoting non-violent conflict resolution and positive
24interaction with other students and school personnel. A school
25district may employ a school social worker or a licensed
26mental health professional to oversee an in-school suspension

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1program in kindergarten through grade 12.
2(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
3102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
4 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
5 Sec. 17-2.11. School board power to levy a tax or to borrow
6money and issue bonds for fire prevention, safety, energy
7conservation, accessibility, school security, and specified
8repair purposes.
9 (a) Whenever, as a result of any lawful order of any
10agency, other than a school board, having authority to enforce
11any school building code applicable to any facility that
12houses students, or any law or regulation for the protection
13and safety of the environment, pursuant to the Environmental
14Protection Act, any school district having a population of
15less than 500,000 inhabitants is required to alter or
16reconstruct any school building or permanent, fixed equipment;
17the district may, by proper resolution, levy a tax for the
18purpose of making such alteration or reconstruction, based on
19a survey report by an architect or engineer licensed in this
20State, upon all of the taxable property of the district at the
21value as assessed by the Department of Revenue and at a rate
22not to exceed 0.05% per year for a period sufficient to finance
23such alteration or reconstruction, upon the following
24conditions:
25 (1) When there are not sufficient funds available in

HB4216- 31 -LRB103 32061 AWJ 60995 b
1 the operations and maintenance fund of the school
2 district, the school facility occupation tax fund of the
3 district, or the fire prevention and safety fund of the
4 district, as determined by the district on the basis of
5 rules adopted by the State Board of Education, to make
6 such alteration or reconstruction or to purchase and
7 install such permanent, fixed equipment so ordered or
8 determined as necessary. Appropriate school district
9 records must be made available to the State Superintendent
10 of Education, upon request, to confirm this insufficiency.
11 (2) When a certified estimate of an architect or
12 engineer licensed in this State stating the estimated
13 amount necessary to make the alteration or reconstruction
14 or to purchase and install the equipment so ordered has
15 been secured by the school district, and the estimate has
16 been approved by the regional superintendent of schools
17 having jurisdiction over the district and the State
18 Superintendent of Education. Approval must not be granted
19 for any work that has already started without the prior
20 express authorization of the State Superintendent of
21 Education. If the estimate is not approved or is denied
22 approval by the regional superintendent of schools within
23 3 months after the date on which it is submitted to him or
24 her, the school board of the district may submit the
25 estimate directly to the State Superintendent of Education
26 for approval or denial.

HB4216- 32 -LRB103 32061 AWJ 60995 b
1 In the case of an emergency situation, where the estimated
2cost to effectuate emergency repairs is less than the amount
3specified in Section 10-20.21 of this Code, the school
4district may proceed with such repairs prior to approval by
5the State Superintendent of Education, but shall comply with
6the provisions of subdivision (2) of this subsection (a) as
7soon thereafter as may be as well as Section 10-20.21 of this
8Code. If the estimated cost to effectuate emergency repairs is
9greater than the amount specified in Section 10-20.21 of this
10Code, then the school district shall proceed in conformity
11with Section 10-20.21 of this Code and with rules established
12by the State Board of Education to address such situations.
13The rules adopted by the State Board of Education to deal with
14these situations shall stipulate that emergency situations
15must be expedited and given priority consideration. For
16purposes of this paragraph, an emergency is a situation that
17presents an imminent and continuing threat to the health and
18safety of students or other occupants of a facility, requires
19complete or partial evacuation of a building or part of a
20building, or consumes one or more of the 5 emergency days built
21into the adopted calendar of the school or schools or would
22otherwise be expected to cause such school or schools to fall
23short of the minimum school calendar requirements.
24 (b) Whenever any such district determines that it is
25necessary for energy conservation purposes that any school
26building or permanent, fixed equipment should be altered or

HB4216- 33 -LRB103 32061 AWJ 60995 b
1reconstructed and that such alterations or reconstruction will
2be made with funds not necessary for the completion of
3approved and recommended projects contained in any safety
4survey report or amendments thereto authorized by Section
52-3.12 of this Act; the district may levy a tax or issue bonds
6as provided in subsection (a) of this Section.
7 (c) Whenever any such district determines that it is
8necessary for accessibility purposes and to comply with the
9school building code that any school building or equipment
10should be altered or reconstructed and that such alterations
11or reconstruction will be made with funds not necessary for
12the completion of approved and recommended projects contained
13in any safety survey report or amendments thereto authorized
14under Section 2-3.12 of this Act, the district may levy a tax
15or issue bonds as provided in subsection (a) of this Section.
16 (d) Whenever any such district determines that it is
17necessary for school security purposes and the related
18protection and safety of pupils and school personnel that any
19school building or property should be altered or reconstructed
20or that security systems and equipment (including but not
21limited to intercom, early detection and warning, access
22control and television monitoring systems) should be purchased
23and installed, and that such alterations, reconstruction or
24purchase and installation of equipment will be made with funds
25not necessary for the completion of approved and recommended
26projects contained in any safety survey report or amendment

HB4216- 34 -LRB103 32061 AWJ 60995 b
1thereto authorized by Section 2-3.12 of this Act and will
2deter and prevent unauthorized entry or activities upon school
3property by unknown or dangerous persons, assure early
4detection and advance warning of any such actual or attempted
5unauthorized entry or activities and help assure the continued
6safety of pupils and school staff if any such unauthorized
7entry or activity is attempted or occurs; the district may
8levy a tax or issue bonds as provided in subsection (a) of this
9Section.
10 If such a school district determines that it is necessary
11for school security purposes and the related protection and
12safety of pupils and school staff to hire a school resource
13officer or that personnel costs for school counselors, mental
14health experts, school safety officers, or school resource
15officers are necessary and the district determines that it
16does not need funds for any of the other purposes set forth in
17this Section, then the district may levy a tax or issue bonds
18as provided in subsection (a).
19 (e) If a school district does not need funds for other fire
20prevention and safety projects, including the completion of
21approved and recommended projects contained in any safety
22survey report or amendments thereto authorized by Section
232-3.12 of this Act, and it is determined after a public hearing
24(which is preceded by at least one published notice (i)
25occurring at least 7 days prior to the hearing in a newspaper
26of general circulation within the school district and (ii)

HB4216- 35 -LRB103 32061 AWJ 60995 b
1setting forth the time, date, place, and general subject
2matter of the hearing) that there is a substantial, immediate,
3and otherwise unavoidable threat to the health, safety, or
4welfare of pupils due to disrepair of school sidewalks,
5playgrounds, parking lots, or school bus turnarounds and
6repairs must be made; then the district may levy a tax or issue
7bonds as provided in subsection (a) of this Section.
8 (f) For purposes of this Section a school district may
9replace a school building or build additions to replace
10portions of a building when it is determined that the
11effectuation of the recommendations for the existing building
12will cost more than the replacement costs. Such determination
13shall be based on a comparison of estimated costs made by an
14architect or engineer licensed in the State of Illinois. The
15new building or addition shall be equivalent in area (square
16feet) and comparable in purpose and grades served and may be on
17the same site or another site. Such replacement may only be
18done upon order of the regional superintendent of schools and
19the approval of the State Superintendent of Education.
20 (g) The filing of a certified copy of the resolution
21levying the tax when accompanied by the certificates of the
22regional superintendent of schools and State Superintendent of
23Education shall be the authority of the county clerk to extend
24such tax.
25 (h) The county clerk of the county in which any school
26district levying a tax under the authority of this Section is

HB4216- 36 -LRB103 32061 AWJ 60995 b
1located, in reducing raised levies, shall not consider any
2such tax as a part of the general levy for school purposes and
3shall not include the same in the limitation of any other tax
4rate which may be extended.
5 Such tax shall be levied and collected in like manner as
6all other taxes of school districts, subject to the provisions
7contained in this Section.
8 (i) The tax rate limit specified in this Section may be
9increased to .10% upon the approval of a proposition to effect
10such increase by a majority of the electors voting on that
11proposition at a regular scheduled election. Such proposition
12may be initiated by resolution of the school board and shall be
13certified by the secretary to the proper election authorities
14for submission in accordance with the general election law.
15 (j) When taxes are levied by any school district for fire
16prevention, safety, energy conservation, and school security
17purposes as specified in this Section, and the purposes for
18which the taxes have been levied are accomplished and paid in
19full, and there remain funds on hand in the Fire Prevention and
20Safety Fund from the proceeds of the taxes levied, including
21interest earnings thereon, the school board by resolution
22shall use such excess and other board restricted funds,
23excluding bond proceeds and earnings from such proceeds, as
24follows:
25 (1) for other authorized fire prevention, safety,
26 energy conservation, required safety inspections, school

HB4216- 37 -LRB103 32061 AWJ 60995 b
1 security purposes, sampling for lead in drinking water in
2 schools, and for repair and mitigation due to lead levels
3 in the drinking water supply; or
4 (2) for transfer to the Operations and Maintenance
5 Fund for the purpose of abating an equal amount of
6 operations and maintenance purposes taxes.
7Notwithstanding subdivision (2) of this subsection (j) and
8subsection (k) of this Section, through June 30, 2021, the
9school board may, by proper resolution following a public
10hearing set by the school board or the president of the school
11board (that is preceded (i) by at least one published notice
12over the name of the clerk or secretary of the board, occurring
13at least 7 days and not more than 30 days prior to the hearing,
14in a newspaper of general circulation within the school
15district and (ii) by posted notice over the name of the clerk
16or secretary of the board, at least 48 hours before the
17hearing, at the principal office of the school board or at the
18building where the hearing is to be held if a principal office
19does not exist, with both notices setting forth the time,
20date, place, and subject matter of the hearing), transfer
21surplus life safety taxes and interest earnings thereon to the
22Operations and Maintenance Fund for building repair work.
23 (k) If any transfer is made to the Operation and
24Maintenance Fund, the secretary of the school board shall
25within 30 days notify the county clerk of the amount of that
26transfer and direct the clerk to abate the taxes to be extended

HB4216- 38 -LRB103 32061 AWJ 60995 b
1for the purposes of operations and maintenance authorized
2under Section 17-2 of this Act by an amount equal to such
3transfer.
4 (l) If the proceeds from the tax levy authorized by this
5Section are insufficient to complete the work approved under
6this Section, the school board is authorized to sell bonds
7without referendum under the provisions of this Section in an
8amount that, when added to the proceeds of the tax levy
9authorized by this Section, will allow completion of the
10approved work.
11 (m) Any bonds issued pursuant to this Section shall bear
12interest at a rate not to exceed the maximum rate authorized by
13law at the time of the making of the contract, shall mature
14within 20 years from date, and shall be signed by the president
15of the school board and the treasurer of the school district.
16 (n) In order to authorize and issue such bonds, the school
17board shall adopt a resolution fixing the amount of bonds, the
18date thereof, the maturities thereof, rates of interest
19thereof, place of payment and denomination, which shall be in
20denominations of not less than $100 and not more than $5,000,
21and provide for the levy and collection of a direct annual tax
22upon all the taxable property in the school district
23sufficient to pay the principal and interest on such bonds to
24maturity. Upon the filing in the office of the county clerk of
25the county in which the school district is located of a
26certified copy of the resolution, it is the duty of the county

HB4216- 39 -LRB103 32061 AWJ 60995 b
1clerk to extend the tax therefor in addition to and in excess
2of all other taxes heretofore or hereafter authorized to be
3levied by such school district.
4 (o) After the time such bonds are issued as provided for by
5this Section, if additional alterations or reconstructions are
6required to be made because of surveys conducted by an
7architect or engineer licensed in the State of Illinois, the
8district may levy a tax at a rate not to exceed .05% per year
9upon all the taxable property of the district or issue
10additional bonds, whichever action shall be the most feasible.
11 (p) This Section is cumulative and constitutes complete
12authority for the issuance of bonds as provided in this
13Section notwithstanding any other statute or law to the
14contrary.
15 (q) With respect to instruments for the payment of money
16issued under this Section either before, on, or after the
17effective date of Public Act 86-004 (June 6, 1989), it is, and
18always has been, the intention of the General Assembly (i)
19that the Omnibus Bond Acts are, and always have been,
20supplementary grants of power to issue instruments in
21accordance with the Omnibus Bond Acts, regardless of any
22provision of this Act that may appear to be or to have been
23more restrictive than those Acts, (ii) that the provisions of
24this Section are not a limitation on the supplementary
25authority granted by the Omnibus Bond Acts, and (iii) that
26instruments issued under this Section within the supplementary

HB4216- 40 -LRB103 32061 AWJ 60995 b
1authority granted by the Omnibus Bond Acts are not invalid
2because of any provision of this Act that may appear to be or
3to have been more restrictive than those Acts.
4 (r) When the purposes for which the bonds are issued have
5been accomplished and paid for in full and there remain funds
6on hand from the proceeds of the bond sale and interest
7earnings therefrom, the board shall, by resolution, use such
8excess funds in accordance with the provisions of Section
910-22.14 of this Act.
10 (s) Whenever any tax is levied or bonds issued for fire
11prevention, safety, energy conservation, and school security
12purposes, such proceeds shall be deposited and accounted for
13separately within the Fire Prevention and Safety Fund.
14(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19;
15101-643, eff. 6-18-20.)
16 (105 ILCS 5/22-85)
17 Sec. 22-85. Sexual abuse at schools.
18 (a) The General Assembly finds that:
19 (1) investigation of a child regarding an incident of
20 sexual abuse can induce significant trauma for the child;
21 (2) it is desirable to prevent multiple interviews of
22 a child at a school; and
23 (3) it is important to recognize the role of
24 Children's Advocacy Centers in conducting developmentally
25 appropriate investigations.

HB4216- 41 -LRB103 32061 AWJ 60995 b
1 (b) In this Section:
2 "Alleged incident of sexual abuse" is limited to an
3incident of sexual abuse of a child that is alleged to have
4been perpetrated by school personnel, including a school
5vendor or volunteer, that occurred (i) on school grounds or
6during a school activity or (ii) outside of school grounds or
7not during a school activity.
8 "Appropriate law enforcement agency" means a law
9enforcement agency whose employees have been involved, in some
10capacity, with an investigation of a particular alleged
11incident of sexual abuse.
12 (c) If a mandated reporter within a school has knowledge
13of an alleged incident of sexual abuse, the reporter must call
14the Department of Children and Family Services' hotline
15established under Section 7.6 of the Abused and Neglected
16Child Reporting Act immediately after obtaining the minimal
17information necessary to make a report, including the names of
18the affected parties and the allegations. The State Board of
19Education must make available materials detailing the
20information that is necessary to enable notification to the
21Department of Children and Family Services of an alleged
22incident of sexual abuse. Each school must ensure that
23mandated reporters review the State Board of Education's
24materials and materials developed by the Department of
25Children and Family Services and distributed in the school
26building under Section 7 of the Abused and Neglected Child

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1Reporting Act at least once annually.
2 (d) For schools in a county with an accredited Children's
3Advocacy Center, every alleged incident of sexual abuse that
4is reported to the Department of Children and Family Services'
5hotline or a law enforcement agency and is subsequently
6accepted for investigation must be referred by the entity that
7received the report to the local Children's Advocacy Center
8pursuant to that county's multidisciplinary team's protocol
9under the Children's Advocacy Center Act for investigating
10child sexual abuse allegations.
11 (e) A county's local Children's Advocacy Center must, at a
12minimum, do both of the following regarding a referred case of
13an alleged incident of sexual abuse:
14 (1) Coordinate the investigation of the alleged
15 incident, as governed by the local Children's Advocacy
16 Center's existing multidisciplinary team protocol and
17 according to National Children's Alliance accreditation
18 standards.
19 (2) Facilitate communication between the
20 multidisciplinary team investigating the alleged incident
21 of sexual abuse and, if applicable, the referring school's
22 (i) Title IX officer, or his or her designee, (ii) school
23 resource officer, or (iii) personnel, or (iv) school
24 safety officer leading the school's investigation into the
25 alleged incident of sexual abuse. If a school uses a
26 designated entity to investigate a sexual abuse

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1 allegation, the multidisciplinary team may correspond only
2 with that entity and any reference in this Section to
3 "school" refers to that designated entity. This
4 facilitation of communication must, at a minimum, ensure
5 that all applicable parties have each other's contact
6 information and must share the county's local Children's
7 Advocacy Center's protocol regarding the process of
8 approving the viewing of a forensic interview, as defined
9 under Section 2.5 of the Children's Advocacy Center Act,
10 by school personnel and a contact person for questions
11 relating to the protocol.
12 (f) After an alleged incident of sexual abuse is accepted
13for investigation by the Department of Children and Family
14Services or a law enforcement agency and while the criminal
15and child abuse investigations related to that alleged
16incident are being conducted by the local multidisciplinary
17team, the school relevant to the alleged incident of sexual
18abuse must comply with both of the following:
19 (1) It may not interview the alleged victim regarding
20 details of the alleged incident of sexual abuse until
21 after the completion of the forensic interview of that
22 victim is conducted at a Children's Advocacy Center. This
23 paragraph does not prohibit a school from requesting
24 information from the alleged victim or his or her parent
25 or guardian to ensure the safety and well-being of the
26 alleged victim at school during an investigation.

HB4216- 44 -LRB103 32061 AWJ 60995 b
1 (2) If asked by a law enforcement agency or an
2 investigator of the Department of Children and Family
3 Services who is conducting the investigation, it must
4 inform those individuals of any evidence the school has
5 gathered pertaining to an alleged incident of sexual
6 abuse, as permissible by federal or State law.
7 (g) After completion of a forensic interview, the
8multidisciplinary team must notify the school relevant to the
9alleged incident of sexual abuse of its completion. If, for
10any reason, a multidisciplinary team determines it will not
11conduct a forensic interview in a specific investigation, the
12multidisciplinary team must notify the school as soon as the
13determination is made. If a forensic interview has not been
14conducted within 15 calendar days after opening an
15investigation, the school may notify the multidisciplinary
16team that it intends to interview the alleged victim. No later
17than 10 calendar days after this notification, the
18multidisciplinary team may conduct the forensic interview and,
19if the multidisciplinary team does not conduct the interview,
20the school may proceed with its interview.
21 (h) To the greatest extent possible considering student
22safety and Title IX compliance, school personnel may view the
23electronic recordings of a forensic interview of an alleged
24victim of an incident of sexual abuse. As a means to avoid
25additional interviews of an alleged victim, school personnel
26must be granted viewing access to the electronic recording of

HB4216- 45 -LRB103 32061 AWJ 60995 b
1a forensic interview conducted at an accredited Children's
2Advocacy Center for an alleged incident of sexual abuse only
3if the school receives (i) approval from the multidisciplinary
4team investigating the case and (ii) informed consent by a
5child over the age of 13 or the child's parent or guardian.
6Each county's local Children's Advocacy Center and
7multidisciplinary team must establish an internal protocol
8regarding the process of approving the viewing of the forensic
9interview, and this process and the contact person must be
10shared with the school contact at the time of the initial
11facilitation. Whenever possible, the school's viewing of the
12electronic recording of a forensic interview should be
13conducted in lieu of the need for additional interviews.
14 (i) For an alleged incident of sexual abuse that has been
15accepted for investigation by a multidisciplinary team, if,
16during the course of its internal investigation and at any
17point during or after the multidisciplinary team's
18investigation, the school determines that it needs to
19interview the alleged victim to successfully complete its
20investigation and the victim is under 18 years of age, a child
21advocate must be made available to the student and may be
22present during the school's interview. A child advocate may be
23a school social worker, a school or equally qualified
24psychologist, or a person in a position the State Board of
25Education has identified as an appropriate advocate for the
26student during a school's investigation into an alleged

HB4216- 46 -LRB103 32061 AWJ 60995 b
1incident of sexual abuse.
2 (j) The Department of Children and Family Services must
3notify the relevant school when an agency investigation of an
4alleged incident of sexual abuse is complete. The notification
5must include information on the outcome of that investigation.
6 (k) The appropriate law enforcement agency must notify the
7relevant school when an agency investigation of an alleged
8incident of sexual abuse is complete or has been suspended.
9The notification must include information on the outcome of
10that investigation.
11 (l) This Section applies to all schools operating under
12this Code, including, but not limited to, public schools
13located in cities having a population of more than 500,000, a
14school operated pursuant to an agreement with a public school
15district, alternative schools operated by third parties, an
16alternative learning opportunities program, a public school
17administered by a local public agency or the Department of
18Human Services, charter schools operating under the authority
19of Article 27A, and non-public schools recognized by the State
20Board of Education.
21(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
22 (105 ILCS 5/22-88)
23 Sec. 22-88. Parental notification of law enforcement
24detainment and questioning on school grounds.
25 (a) In this Section, "school grounds" means the real

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1property comprising an active and operational elementary or
2secondary school during the regular hours in which school is
3in session and when students are present.
4 (b) Before detaining and questioning a student on school
5grounds who is under 18 years of age and who is suspected of
6committing a criminal act, a law enforcement officer, a school
7resource officer, school safety officer, or other school
8security personnel must do all of the following:
9 (1) Ensure that notification or attempted notification
10 of the student's parent or guardian is made.
11 (2) Document the time and manner in which the
12 notification or attempted notification under paragraph (1)
13 occurred.
14 (3) Make reasonable efforts to ensure that the
15 student's parent or guardian is present during the
16 questioning or, if the parent or guardian is not present,
17 ensure that school personnel, including, but not limited
18 to, a school social worker, a school psychologist, a
19 school nurse, a school counselor, or any other mental
20 health professional, are present during the questioning.
21 (4) If practicable, make reasonable efforts to ensure
22 that a law enforcement officer trained in promoting safe
23 interactions and communications with youth is present
24 during the questioning. An officer who received training
25 in youth investigations approved or certified by his or
26 her law enforcement agency or under Section 10.22 of the

HB4216- 48 -LRB103 32061 AWJ 60995 b
1 Police Training Act or a juvenile police officer, as
2 defined under Section 1-3 of the Juvenile Court Act of
3 1987, satisfies the requirement under this paragraph.
4 (c) This Section does not limit the authority of a law
5enforcement officer to make an arrest on school grounds. This
6Section does not apply to circumstances that would cause a
7reasonable person to believe that urgent and immediate action
8is necessary to do any of the following:
9 (1) Prevent bodily harm or injury to the student or
10 any other person.
11 (2) Apprehend an armed or fleeing suspect.
12 (3) Prevent the destruction of evidence.
13 (4) Address an emergency or other dangerous situation.
14(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21;
15102-558, eff. 8-20-21.)
16 (105 ILCS 5/26A-20)
17 (This Section may contain text from a Public Act with a
18delayed effective date)
19 Sec. 26A-20. Review and revision of policies and
20procedures.
21 (a) No later than July 1, 2024 and every 2 years
22thereafter, each school district must review all existing
23policies and procedures and must revise any existing policies
24and procedures that may act as a barrier to the immediate
25enrollment and re-enrollment, attendance, graduation, and

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1success in school of any student who is a student parent,
2expectant student parent, or victim of domestic or sexual
3violence or any policies or procedures that may compromise a
4criminal investigation relating to domestic or sexual violence
5or may re-victimize students. A school district must adopt new
6policies and procedures, as needed, to implement this Section
7and to ensure that immediate and effective steps are taken to
8respond to students who are student parents, expectant
9parents, or victims of domestic or sexual violence.
10 (b) A school district's policy must be consistent with the
11model policy and procedures adopted by the State Board of
12Education and under Public Act 101-531.
13 (c) A school district's policy on the procedures that a
14student or his or her parent or guardian may follow if he or
15she chooses to report an incident of alleged domestic or
16sexual violence must, at a minimum, include all of the
17following:
18 (1) The name and contact information for domestic or
19 sexual violence and parenting resource personnel, the
20 Title IX coordinator, school and school district resource
21 officers, safety officers, or security, and a
22 community-based domestic or sexual violence organization.
23 (2) The name, title, and contact information for
24 confidential resources and a description of what
25 confidential reporting means.
26 (3) An option for the student or the student's parent

HB4216- 50 -LRB103 32061 AWJ 60995 b
1 or guardian to electronically, anonymously, and
2 confidentially report the incident.
3 (4) An option for reports by third parties and
4 bystanders.
5 (5) Information regarding the various individuals,
6 departments, or organizations to whom a student may report
7 an incident of domestic or sexual violence, specifying for
8 each individual or entity (i) the extent of the
9 individual's or entity's reporting obligation to the
10 school's or school district's administration, Title IX
11 coordinator, or other personnel or entity, (ii) the
12 individual's or entity's ability to protect the student's
13 privacy, and (iii) the extent of the individual's or
14 entity's ability to have confidential communications with
15 the student or his or her parent or guardian.
16 (6) The adoption of a complaint resolution procedure
17 as provided in Section 26A-25.
18 (d) A school district must post its revised policies and
19procedures on its website, distribute them at the beginning of
20each school year to each student, and make copies available to
21each student and his or her parent or guardian for inspection
22and copying at no cost to the student or parent or guardian at
23each school within a school district.
24(Source: P.A. 102-466, eff. 7-1-25.)
25 (105 ILCS 5/27-23.7)

HB4216- 51 -LRB103 32061 AWJ 60995 b
1 Sec. 27-23.7. Bullying prevention.
2 (a) The General Assembly finds that a safe and civil
3school environment is necessary for students to learn and
4achieve and that bullying causes physical, psychological, and
5emotional harm to students and interferes with students'
6ability to learn and participate in school activities. The
7General Assembly further finds that bullying has been linked
8to other forms of antisocial behavior, such as vandalism,
9shoplifting, skipping and dropping out of school, fighting,
10using drugs and alcohol, sexual harassment, and sexual
11violence. Because of the negative outcomes associated with
12bullying in schools, the General Assembly finds that school
13districts, charter schools, and non-public, non-sectarian
14elementary and secondary schools should educate students,
15parents, and school district, charter school, or non-public,
16non-sectarian elementary or secondary school personnel about
17what behaviors constitute prohibited bullying.
18 Bullying on the basis of actual or perceived race, color,
19religion, sex, national origin, ancestry, age, marital status,
20physical or mental disability, military status, sexual
21orientation, gender-related identity or expression,
22unfavorable discharge from military service, association with
23a person or group with one or more of the aforementioned actual
24or perceived characteristics, or any other distinguishing
25characteristic is prohibited in all school districts, charter
26schools, and non-public, non-sectarian elementary and

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1secondary schools. No student shall be subjected to bullying:
2 (1) during any school-sponsored education program or
3 activity;
4 (2) while in school, on school property, on school
5 buses or other school vehicles, at designated school bus
6 stops waiting for the school bus, or at school-sponsored
7 or school-sanctioned events or activities;
8 (3) through the transmission of information from a
9 school computer, a school computer network, or other
10 similar electronic school equipment; or
11 (4) through the transmission of information from a
12 computer that is accessed at a nonschool-related location,
13 activity, function, or program or from the use of
14 technology or an electronic device that is not owned,
15 leased, or used by a school district or school if the
16 bullying causes a substantial disruption to the
17 educational process or orderly operation of a school. This
18 item (4) applies only in cases in which a school
19 administrator or teacher receives a report that bullying
20 through this means has occurred and does not require a
21 district or school to staff or monitor any
22 nonschool-related activity, function, or program.
23 (a-5) Nothing in this Section is intended to infringe upon
24any right to exercise free expression or the free exercise of
25religion or religiously based views protected under the First
26Amendment to the United States Constitution or under Section 3

HB4216- 53 -LRB103 32061 AWJ 60995 b
1of Article I of the Illinois Constitution.
2 (b) In this Section:
3 "Bullying" includes "cyber-bullying" and means any severe
4or pervasive physical or verbal act or conduct, including
5communications made in writing or electronically, directed
6toward a student or students that has or can be reasonably
7predicted to have the effect of one or more of the following:
8 (1) placing the student or students in reasonable fear
9 of harm to the student's or students' person or property;
10 (2) causing a substantially detrimental effect on the
11 student's or students' physical or mental health;
12 (3) substantially interfering with the student's or
13 students' academic performance; or
14 (4) substantially interfering with the student's or
15 students' ability to participate in or benefit from the
16 services, activities, or privileges provided by a school.
17 Bullying, as defined in this subsection (b), may take
18various forms, including without limitation one or more of the
19following: harassment, threats, intimidation, stalking,
20physical violence, sexual harassment, sexual violence, theft,
21public humiliation, destruction of property, or retaliation
22for asserting or alleging an act of bullying. This list is
23meant to be illustrative and non-exhaustive.
24 "Cyber-bullying" means bullying through the use of
25technology or any electronic communication, including without
26limitation any transfer of signs, signals, writing, images,

HB4216- 54 -LRB103 32061 AWJ 60995 b
1sounds, data, or intelligence of any nature transmitted in
2whole or in part by a wire, radio, electromagnetic system,
3photoelectronic system, or photooptical system, including
4without limitation electronic mail, Internet communications,
5instant messages, or facsimile communications.
6"Cyber-bullying" includes the creation of a webpage or weblog
7in which the creator assumes the identity of another person or
8the knowing impersonation of another person as the author of
9posted content or messages if the creation or impersonation
10creates any of the effects enumerated in the definition of
11bullying in this Section. "Cyber-bullying" also includes the
12distribution by electronic means of a communication to more
13than one person or the posting of material on an electronic
14medium that may be accessed by one or more persons if the
15distribution or posting creates any of the effects enumerated
16in the definition of bullying in this Section.
17 "Policy on bullying" means a bullying prevention policy
18that meets the following criteria:
19 (1) Includes the bullying definition provided in this
20 Section.
21 (2) Includes a statement that bullying is contrary to
22 State law and the policy of the school district, charter
23 school, or non-public, non-sectarian elementary or
24 secondary school and is consistent with subsection (a-5)
25 of this Section.
26 (3) Includes procedures for promptly reporting

HB4216- 55 -LRB103 32061 AWJ 60995 b
1 bullying, including, but not limited to, identifying and
2 providing the school e-mail address (if applicable) and
3 school telephone number for the staff person or persons
4 responsible for receiving such reports and a procedure for
5 anonymous reporting; however, this shall not be construed
6 to permit formal disciplinary action solely on the basis
7 of an anonymous report.
8 (4) Consistent with federal and State laws and rules
9 governing student privacy rights, includes procedures for
10 promptly informing parents or guardians of all students
11 involved in the alleged incident of bullying and
12 discussing, as appropriate, the availability of social
13 work services, counseling, school psychological services,
14 other interventions, and restorative measures.
15 (5) Contains procedures for promptly investigating and
16 addressing reports of bullying, including the following:
17 (A) Making all reasonable efforts to complete the
18 investigation within 10 school days after the date the
19 report of the incident of bullying was received and
20 taking into consideration additional relevant
21 information received during the course of the
22 investigation about the reported incident of bullying.
23 (B) Involving appropriate school support personnel
24 and other staff persons with knowledge, experience,
25 and training on bullying prevention, as deemed
26 appropriate, in the investigation process.

HB4216- 56 -LRB103 32061 AWJ 60995 b
1 (C) Notifying the principal or school
2 administrator or his or her designee of the report of
3 the incident of bullying as soon as possible after the
4 report is received.
5 (D) Consistent with federal and State laws and
6 rules governing student privacy rights, providing
7 parents and guardians of the students who are parties
8 to the investigation information about the
9 investigation and an opportunity to meet with the
10 principal or school administrator or his or her
11 designee to discuss the investigation, the findings of
12 the investigation, and the actions taken to address
13 the reported incident of bullying.
14 (6) Includes the interventions that can be taken to
15 address bullying, which may include, but are not limited
16 to, school social work services, restorative measures,
17 social-emotional skill building, counseling, school
18 psychological services, and community-based services.
19 (7) Includes a statement prohibiting reprisal or
20 retaliation against any person who reports an act of
21 bullying and the consequences and appropriate remedial
22 actions for a person who engages in reprisal or
23 retaliation.
24 (8) Includes consequences and appropriate remedial
25 actions for a person found to have falsely accused another
26 of bullying as a means of retaliation or as a means of

HB4216- 57 -LRB103 32061 AWJ 60995 b
1 bullying.
2 (9) Is based on the engagement of a range of school
3 stakeholders, including students and parents or guardians.
4 (10) Is posted on the school district's, charter
5 school's, or non-public, non-sectarian elementary or
6 secondary school's existing Internet website, is included
7 in the student handbook, and, where applicable, posted
8 where other policies, rules, and standards of conduct are
9 currently posted in the school and provided periodically
10 throughout the school year to students and faculty, and is
11 distributed annually to parents, guardians, students, and
12 school personnel, including new employees when hired.
13 (11) As part of the process of reviewing and
14 re-evaluating the policy under subsection (d) of this
15 Section, contains a policy evaluation process to assess
16 the outcomes and effectiveness of the policy that
17 includes, but is not limited to, factors such as the
18 frequency of victimization; student, staff, and family
19 observations of safety at a school; identification of
20 areas of a school where bullying occurs; the types of
21 bullying utilized; and bystander intervention or
22 participation. The school district, charter school, or
23 non-public, non-sectarian elementary or secondary school
24 may use relevant data and information it already collects
25 for other purposes in the policy evaluation. The
26 information developed as a result of the policy evaluation

HB4216- 58 -LRB103 32061 AWJ 60995 b
1 must be made available on the Internet website of the
2 school district, charter school, or non-public,
3 non-sectarian elementary or secondary school. If an
4 Internet website is not available, the information must be
5 provided to school administrators, school board members,
6 school personnel, parents, guardians, and students.
7 (12) Is consistent with the policies of the school
8 board, charter school, or non-public, non-sectarian
9 elementary or secondary school.
10 "Restorative measures" means a continuum of school-based
11alternatives to exclusionary discipline, such as suspensions
12and expulsions, that: (i) are adapted to the particular needs
13of the school and community, (ii) contribute to maintaining
14school safety, (iii) protect the integrity of a positive and
15productive learning climate, (iv) teach students the personal
16and interpersonal skills they will need to be successful in
17school and society, (v) serve to build and restore
18relationships among students, families, schools, and
19communities, (vi) reduce the likelihood of future disruption
20by balancing accountability with an understanding of students'
21behavioral health needs in order to keep students in school,
22and (vii) increase student accountability if the incident of
23bullying is based on religion, race, ethnicity, or any other
24category that is identified in the Illinois Human Rights Act.
25 "School personnel" means persons employed by, on contract
26with, or who volunteer in a school district, charter school,

HB4216- 59 -LRB103 32061 AWJ 60995 b
1or non-public, non-sectarian elementary or secondary school,
2including without limitation school and school district
3administrators, teachers, school social workers, school
4counselors, school psychologists, school nurses, cafeteria
5workers, custodians, bus drivers, school resource officers,
6school safety officers, and security guards.
7 (c) (Blank).
8 (d) Each school district, charter school, and non-public,
9non-sectarian elementary or secondary school shall create,
10maintain, and implement a policy on bullying, which policy
11must be filed with the State Board of Education. The policy or
12implementing procedure shall include a process to investigate
13whether a reported act of bullying is within the permissible
14scope of the district's or school's jurisdiction and shall
15require that the district or school provide the victim with
16information regarding services that are available within the
17district and community, such as counseling, support services,
18and other programs. School personnel available for help with a
19bully or to make a report about bullying shall be made known to
20parents or legal guardians, students, and school personnel.
21Every 2 years, each school district, charter school, and
22non-public, non-sectarian elementary or secondary school shall
23conduct a review and re-evaluation of its policy and make any
24necessary and appropriate revisions. No later than September
2530 of the subject year, the policy must be filed with the State
26Board of Education after being updated. The State Board of

HB4216- 60 -LRB103 32061 AWJ 60995 b
1Education shall monitor and provide technical support for the
2implementation of policies created under this subsection (d).
3In monitoring the implementation of the policies, the State
4Board of Education shall review each filed policy on bullying
5to ensure all policies meet the requirements set forth in this
6Section, including ensuring that each policy meets the 12
7criterion identified within the definition of "policy on
8bullying" set forth in this Section.
9 If a school district, charter school, or non-public,
10non-sectarian elementary or secondary school fails to file a
11policy on bullying by September 30 of the subject year, the
12State Board of Education shall provide a written request for
13filing to the school district, charter school, or non-public,
14non-sectarian elementary or secondary school. If a school
15district, charter school, or non-public, non-sectarian
16elementary or secondary school fails to file a policy on
17bullying within 14 days of receipt of the aforementioned
18written request, the State Board of Education shall publish
19notice of the non-compliance on the State Board of Education's
20website.
21 (e) This Section shall not be interpreted to prevent a
22victim from seeking redress under any other available civil or
23criminal law.
24(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
25102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)

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1 (105 ILCS 5/34-18.57)
2 Sec. 34-18.57. Booking stations on school grounds.
3 (a) There shall be no student booking station established
4or maintained on the grounds of any school.
5 (b) This prohibition shall be applied to student booking
6stations only, as defined in this Section. The prohibition
7does not prohibit or affect the establishment or maintenance
8of any place operated by or under the control of law
9enforcement personnel, school resource officers, school safety
10officers, or other security personnel that does not also
11qualify as a student booking station as defined in paragraph
12(2) of subsection (d) of this Section. The prohibition does
13not affect or limit the powers afforded law enforcement
14officers to perform their duties within schools as otherwise
15prescribed by law.
16 (c) When the underlying suspected or alleged criminal act
17is an act of violence, and isolation of a student or students
18is deemed necessary to the interest of public safety, and no
19other location is adequate for secure isolation of the student
20or students, offices as described in paragraph (1) of
21subsection (d) of this Section may be employed to detain
22students for a period no longer than that required to
23alleviate that threat to public safety.
24 (d) As used in this Section, "student booking station"
25means a building, office, room, or any indefinitely
26established space or site, mobile or fixed, which operates

HB4216- 62 -LRB103 32061 AWJ 60995 b
1concurrently as:
2 (1) predominantly or regularly a place of operation
3 for a municipal police department, county sheriff
4 department, or other law enforcement agency, or under the
5 primary control thereof; and
6 (2) a site at which students are detained in
7 connection with criminal charges or allegations against
8 those students, taken into custody, or engaged with law
9 enforcement personnel in any process that creates a law
10 enforcement record of that contact with law enforcement
11 personnel or processes.
12(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
13 Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
20 Section 99. Effective date. This Act takes effect upon
21becoming law.
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