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

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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

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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
HB4216 LRB103 32061 AWJ 60995 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
changing Section 10.2 and by adding Section 10.25 as follows:
(50 ILCS 705/10.2)
Sec. 10.2. Criminal background investigations.
(a) On and after March 14, 2002 (the effective date of
Public Act 92-533), an applicant for employment as a peace
officer or school safety officer, or for annual certification
as a retired law enforcement officer qualified under federal
law to carry a concealed weapon, shall authorize an
investigation to determine if the applicant has been convicted
of any criminal offense that disqualifies the person as a
peace officer or school safety officer.
(b) No law enforcement agency may knowingly employ a
person, or certify a retired law enforcement officer qualified
under federal law to carry a concealed weapon, unless (i) a
criminal background investigation of that person has been
completed and (ii) that investigation reveals no convictions
of or pleas of guilty to offenses specified in subsection (a)
of Section 6.1 of this Act.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;

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

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

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

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Act.
(d) This Section does not apply to court security
officers, State's Attorney investigators, and Attorney General
investigators. This Section does not apply to a school safety
officer if a school board does not require the officer to wear
an officer-worn body camera.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-1104, eff. 12-6-22.)
Section 15. The School Code is amended by changing
Sections 10-20.64, 10-22.6, 17-2.11, 22-85, 22-88, 26A-20,
27-23.7, and 34-18.57 and by adding Section 10-20.85 as
follows:
(105 ILCS 5/10-20.64)
Sec. 10-20.64. Booking stations on school grounds.
(a) There shall be no student booking station established
or maintained on the grounds of any school.
(b) This prohibition shall be applied to student booking
stations only, as defined in this Section. The prohibition
does not prohibit or affect the establishment or maintenance
of any place operated by or under the control of law
enforcement personnel, school resource officers, school safety
officers, or other security personnel that does not also
qualify as a student booking station as defined in paragraph
(2) of subsection (d) of this Section. The prohibition does

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

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(105 ILCS 5/10-20.85 new)
Sec. 10-20.85. School safety officers.
(a) In this Section, "school safety officer" means a
retired law enforcement officer who has been hired by a school
district to perform security services.
(b) Beginning January 1, 2025, a school district may
employ a school safety officer with jurisdiction only on
school grounds. Prior to beginning employment, the school
safety officer must provide the school district a certificate
of completion or approved waiver issued by the Illinois Law
Enforcement Training Standards Board under Section 10.25 of
the Illinois Police Training Act.
(c) A school safety officer shall wear a uniform that
clearly identifies the officer as a school safety officer. A
school district may issue a badge for school safety officers,
but the badge must clearly state that the individual is a
school safety officer and indicate the school to which the
officer is assigned.
(d) 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 and
until an arrest by a law enforcement agency or administrative
action by the school.
(e) A school safety officer may carry a firearm as long as
the officer received firearm certification under Section 10.25

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

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

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

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

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

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

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

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

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

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

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

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

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suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardians,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer

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

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

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there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parents or guardians to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be

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considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by

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

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

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

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

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

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

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

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

HB4216 - 33 - LRB103 32061 AWJ 60995 b
reconstructed and that such alterations or reconstruction will
be made with funds not necessary for the completion of
approved and recommended projects contained in any safety
survey report or amendments thereto authorized by Section
2-3.12 of this Act; the district may levy a tax or issue bonds
as provided in subsection (a) of this Section.
(c) Whenever any such district determines that it is
necessary for accessibility purposes and to comply with the
school building code that any school building or equipment
should be altered or reconstructed and that such alterations
or reconstruction will be made with funds not necessary for
the completion of approved and recommended projects contained
in any safety survey report or amendments thereto authorized
under Section 2-3.12 of this Act, the district may levy a tax
or issue bonds as provided in subsection (a) of this Section.
(d) Whenever any such district determines that it is
necessary for school security purposes and the related
protection and safety of pupils and school personnel that any
school building or property should be altered or reconstructed
or that security systems and equipment (including but not
limited to intercom, early detection and warning, access
control and television monitoring systems) should be purchased
and installed, and that such alterations, reconstruction or
purchase and installation of equipment will be made with funds
not necessary for the completion of approved and recommended
projects contained in any safety survey report or amendment

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

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

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

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

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

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

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

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

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

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

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

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a forensic interview conducted at an accredited Children's
Advocacy Center for an alleged incident of sexual abuse only
if the school receives (i) approval from the multidisciplinary
team investigating the case and (ii) informed consent by a
child over the age of 13 or the child's parent or guardian.
Each county's local Children's Advocacy Center and
multidisciplinary team must establish an internal protocol
regarding the process of approving the viewing of the forensic
interview, and this process and the contact person must be
shared with the school contact at the time of the initial
facilitation. Whenever possible, the school's viewing of the
electronic recording of a forensic interview should be
conducted in lieu of the need for additional interviews.
(i) For an alleged incident of sexual abuse that has been
accepted for investigation by a multidisciplinary team, if,
during the course of its internal investigation and at any
point during or after the multidisciplinary team's
investigation, the school determines that it needs to
interview the alleged victim to successfully complete its
investigation and the victim is under 18 years of age, a child
advocate must be made available to the student and may be
present during the school's interview. A child advocate may be
a school social worker, a school or equally qualified
psychologist, or a person in a position the State Board of
Education has identified as an appropriate advocate for the
student during a school's investigation into an alleged

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

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

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

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

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

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Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'
ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with
bullying in schools, the General Assembly finds that school
districts, charter schools, and non-public, non-sectarian
elementary and secondary schools should educate students,
parents, and school district, charter school, or non-public,
non-sectarian elementary or secondary school personnel about
what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability, military status, sexual
orientation, gender-related identity or expression,
unfavorable discharge from military service, association with
a person or group with one or more of the aforementioned actual
or perceived characteristics, or any other distinguishing
characteristic is prohibited in all school districts, charter
schools, and non-public, non-sectarian elementary and

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

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

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sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including
without limitation electronic mail, Internet communications,
instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog
in which the creator assumes the identity of another person or
the knowing impersonation of another person as the author of
posted content or messages if the creation or impersonation
creates any of the effects enumerated in the definition of
bullying in this Section. "Cyber-bullying" also includes the
distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this
Section.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5)
of this Section.
(3) Includes procedures for promptly reporting

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

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(C) Notifying the principal or school
administrator or his or her designee of the report of
the incident of bullying as soon as possible after the
report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing
parents and guardians of the students who are parties
to the investigation information about the
investigation and an opportunity to meet with the
principal or school administrator or his or her
designee to discuss the investigation, the findings of
the investigation, and the actions taken to address
the reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited
to, school social work services, restorative measures,
social-emotional skill building, counseling, school
psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of
bullying and the consequences and appropriate remedial
actions for a person who engages in reprisal or
retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another
of bullying as a means of retaliation or as a means of

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bullying.
(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or
secondary school's existing Internet website, is included
in the student handbook, and, where applicable, posted
where other policies, rules, and standards of conduct are
currently posted in the school and provided periodically
throughout the school year to students and faculty, and is
distributed annually to parents, guardians, students, and
school personnel, including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess
the outcomes and effectiveness of the policy that
includes, but is not limited to, factors such as the
frequency of victimization; student, staff, and family
observations of safety at a school; identification of
areas of a school where bullying occurs; the types of
bullying utilized; and bystander intervention or
participation. The school district, charter school, or
non-public, non-sectarian elementary or secondary school
may use relevant data and information it already collects
for other purposes in the policy evaluation. The
information developed as a result of the policy evaluation

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

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

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

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

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