Bill Text: IL HB5145 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the School Code. Provides that, beginning with the 2018-2019 school year, a student in kindergarten may not receive an out-of-school suspension of 3 days or less for the student's disruption to other students' learning opportunities and may not receive an out-of-school suspension of longer than 3 days for substantially disrupting, impeding, or interfering with the operation of a school. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5145 Detail]
Download: Illinois-2017-HB5145-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 10-22.6 as follows:
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6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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7 | Sec. 10-22.6. Suspension or expulsion of pupils; school | |||||||||||||||||||
8 | searches.
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9 | (a) To expel pupils guilty of gross disobedience or | |||||||||||||||||||
10 | misconduct, including gross disobedience or misconduct | |||||||||||||||||||
11 | perpetuated by electronic means, pursuant to subsection (b-20) | |||||||||||||||||||
12 | of this Section, and
no action shall lie against them for such | |||||||||||||||||||
13 | expulsion. Expulsion shall
take place only after the parents | |||||||||||||||||||
14 | have been requested to appear at a
meeting of the board, or | |||||||||||||||||||
15 | with a hearing officer appointed by it, to
discuss their | |||||||||||||||||||
16 | child's behavior. Such request shall be made by registered
or | |||||||||||||||||||
17 | certified mail and shall state the time, place and purpose of | |||||||||||||||||||
18 | the
meeting. The board, or a hearing officer appointed by it, | |||||||||||||||||||
19 | at such
meeting shall state the reasons for dismissal and the | |||||||||||||||||||
20 | date on which the
expulsion is to become effective. If a | |||||||||||||||||||
21 | hearing officer is appointed by
the board , he shall report to | |||||||||||||||||||
22 | the board a written summary of the evidence
heard at the | |||||||||||||||||||
23 | meeting and the board may take such action thereon as it
finds |
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1 | appropriate. If the board acts to expel a pupil, the written | ||||||
2 | expulsion decision shall detail the specific reasons why | ||||||
3 | removing the pupil from the learning environment is in the best | ||||||
4 | interest of the school. The expulsion decision shall also | ||||||
5 | include a rationale as to the specific duration of the | ||||||
6 | expulsion. An expelled pupil may be immediately transferred to | ||||||
7 | an alternative program in the manner provided in Article 13A or | ||||||
8 | 13B of this Code. A pupil must not be denied transfer because | ||||||
9 | of the expulsion, except in cases in which such transfer is | ||||||
10 | deemed to cause a threat to the safety of students or staff in | ||||||
11 | the alternative program.
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12 | (b) To suspend or by policy to authorize the superintendent | ||||||
13 | of
the district or the principal, assistant principal, or dean | ||||||
14 | of students
of any school to suspend pupils guilty of gross | ||||||
15 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
16 | gross disobedience or misconduct on the school bus
from riding | ||||||
17 | the school bus, pursuant to subsections (b-15) and (b-20) of | ||||||
18 | this Section, and no action
shall lie against them for such | ||||||
19 | suspension. The board may by policy
authorize the | ||||||
20 | superintendent of the district or the principal, assistant
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21 | principal, or dean of students of any
school to suspend pupils | ||||||
22 | guilty of such acts for a period not to exceed
10 school days. | ||||||
23 | If a pupil is suspended due to gross disobedience or misconduct
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24 | on a school bus, the board may suspend the pupil in excess of | ||||||
25 | 10
school
days for safety reasons. | ||||||
26 | Any suspension shall be reported immediately to the
parents |
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1 | or guardian of a pupil along with a full statement of the
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2 | reasons for such suspension and a notice of their right to a | ||||||
3 | review. The school board must be given a summary of the notice, | ||||||
4 | including the reason for the suspension and the suspension | ||||||
5 | length. Upon request of the
parents or guardian , the school | ||||||
6 | board or a hearing officer appointed by
it shall review such | ||||||
7 | action of the superintendent or principal, assistant
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8 | principal, or dean of students. At such
review , the parents or | ||||||
9 | guardian of the pupil may appear and discuss the
suspension | ||||||
10 | with the board or its hearing officer. If a hearing officer
is | ||||||
11 | appointed by the board , he shall report to the board a written | ||||||
12 | summary
of the evidence heard at the meeting. After its hearing | ||||||
13 | or upon receipt
of the written report of its hearing officer, | ||||||
14 | the board may take such
action as it finds appropriate. If a | ||||||
15 | student is suspended pursuant to this subsection (b), the board | ||||||
16 | shall, in the written suspension decision, detail the specific | ||||||
17 | act of gross disobedience or misconduct resulting in the | ||||||
18 | decision to suspend. The suspension decision shall also include | ||||||
19 | a rationale as to the specific duration of the suspension. A | ||||||
20 | pupil who is suspended in excess of 20 school days may be | ||||||
21 | immediately transferred to an alternative program in the manner | ||||||
22 | provided in Article 13A or 13B of this Code. A pupil must not | ||||||
23 | be denied transfer because of the suspension, except in cases | ||||||
24 | in which such transfer is deemed to cause a threat to the | ||||||
25 | safety of students or staff in the alternative program.
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26 | (b-5) Among the many possible disciplinary interventions |
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1 | and consequences available to school officials, school | ||||||
2 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
3 | are the most serious. School officials shall limit the number | ||||||
4 | and duration of expulsions and suspensions to the greatest | ||||||
5 | extent practicable, and it is recommended that they use them | ||||||
6 | only for legitimate educational purposes. To ensure that | ||||||
7 | students are not excluded from school unnecessarily, it is | ||||||
8 | recommended that school officials consider forms of | ||||||
9 | non-exclusionary discipline prior to using out-of-school | ||||||
10 | suspensions or expulsions. | ||||||
11 | (b-10) Unless otherwise required by federal law or this | ||||||
12 | Code, school boards may not institute zero-tolerance policies | ||||||
13 | by which school administrators are required to suspend or expel | ||||||
14 | students for particular behaviors. | ||||||
15 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
16 | used only if the student's continuing presence in school would | ||||||
17 | pose a threat to school safety or , except for a student in | ||||||
18 | kindergarten beginning with the 2018-2019 school year, a | ||||||
19 | disruption to other students' learning opportunities. | ||||||
20 | Beginning with the 2018-2019 school year, a student in | ||||||
21 | kindergarten may not receive an out-of-school suspension under | ||||||
22 | this subsection (b-15) for the student's disruption to other | ||||||
23 | students' learning opportunities. For purposes of this | ||||||
24 | subsection (b-15), "threat to school safety or a disruption to | ||||||
25 | other students' learning opportunities" shall be determined on | ||||||
26 | a case-by-case basis by the school board or its designee. |
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1 | School officials shall make all reasonable efforts to resolve | ||||||
2 | such threats, address such disruptions, and minimize the length | ||||||
3 | of suspensions to the greatest extent practicable. | ||||||
4 | (b-20) Unless otherwise required by this Code, | ||||||
5 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
6 | and disciplinary removals to alternative schools may be used | ||||||
7 | only if other appropriate and available behavioral and | ||||||
8 | disciplinary interventions have been exhausted and the | ||||||
9 | student's continuing presence in school would either (i) pose a
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10 | threat to the safety of other students, staff, or members of
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11 | the school community or (ii) except for the suspension of a | ||||||
12 | student in kindergarten beginning with the 2018-2019 school | ||||||
13 | year, substantially disrupt, impede, or
interfere with the | ||||||
14 | operation of the school. Beginning with the 2018-2019 school | ||||||
15 | year, a student in kindergarten may not receive an | ||||||
16 | out-of-school suspension under this subsection (b-20) for | ||||||
17 | substantially disrupting, impeding, or
interfering with the | ||||||
18 | operation of the school. For purposes of this subsection | ||||||
19 | (b-20), "threat to the safety of other students, staff, or | ||||||
20 | members of the school community" and "substantially disrupt, | ||||||
21 | impede, or interfere with the operation of the school" shall be | ||||||
22 | determined on a case-by-case basis by school officials. For | ||||||
23 | purposes of this subsection (b-20), the determination of | ||||||
24 | whether "appropriate and available behavioral and disciplinary | ||||||
25 | interventions have been exhausted" shall be made by school | ||||||
26 | officials. School officials shall make all reasonable efforts |
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1 | to resolve such threats, address such disruptions, and minimize | ||||||
2 | the length of student exclusions to the greatest extent | ||||||
3 | practicable. Within the suspension decision described in | ||||||
4 | subsection (b) of this Section or the expulsion decision | ||||||
5 | described in subsection (a) of this Section, it shall be | ||||||
6 | documented whether other interventions were attempted or | ||||||
7 | whether it was determined that there were no other appropriate | ||||||
8 | and available interventions. | ||||||
9 | (b-25) Students who are suspended out-of-school for longer | ||||||
10 | than 4 school days shall be provided appropriate and available | ||||||
11 | support services during the period of their suspension. For | ||||||
12 | purposes of this subsection (b-25), "appropriate and available | ||||||
13 | support services" shall be determined by school authorities. | ||||||
14 | Within the suspension decision described in subsection (b) of | ||||||
15 | this Section, it shall be documented whether such services are | ||||||
16 | to be provided or whether it was determined that there are no | ||||||
17 | such appropriate and available services. | ||||||
18 | A school district may refer students who are expelled to | ||||||
19 | appropriate and available support services. | ||||||
20 | A school district shall create a policy to facilitate the | ||||||
21 | re-engagement of students who are suspended out-of-school, | ||||||
22 | expelled, or returning from an alternative school setting. | ||||||
23 | (b-30) A school district shall create a policy by which | ||||||
24 | suspended pupils, including those pupils suspended from the | ||||||
25 | school bus who do not have alternate transportation to school, | ||||||
26 | shall have the opportunity to make up work for equivalent |
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1 | academic credit. It shall be the responsibility of a pupil's | ||||||
2 | parent or guardian to notify school officials that a pupil | ||||||
3 | suspended from the school bus does not have alternate | ||||||
4 | transportation to school. | ||||||
5 | (c) The Department of Human Services
shall be invited to | ||||||
6 | send a representative to consult with the board at
such meeting | ||||||
7 | whenever there is evidence that mental illness may be the
cause | ||||||
8 | for expulsion or suspension.
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9 | (c-5) School districts shall make reasonable efforts to | ||||||
10 | provide ongoing professional development to teachers, | ||||||
11 | administrators, school board members, school resource | ||||||
12 | officers, and staff on the adverse consequences of school | ||||||
13 | exclusion and justice-system involvement, effective classroom | ||||||
14 | management strategies, culturally responsive discipline, and | ||||||
15 | developmentally appropriate disciplinary methods that promote | ||||||
16 | positive and healthy school climates. | ||||||
17 | (d) The board may expel a student for a definite period of | ||||||
18 | time not to
exceed 2 calendar years, as determined on a | ||||||
19 | case-by-case case by case basis.
A student who
is determined to | ||||||
20 | have brought one of the following objects to school, any | ||||||
21 | school-sponsored activity
or event, or any activity or event | ||||||
22 | that bears a reasonable relationship to school shall be | ||||||
23 | expelled for a period of not less than
one year: | ||||||
24 | (1) A firearm. For the purposes of this Section, | ||||||
25 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
26 | by Section 921 of Title 18 of the United States Code, |
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1 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
2 | Identification Card Act, or firearm as defined in Section | ||||||
3 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
4 | under this subdivision (1) may be modified by the | ||||||
5 | superintendent, and the superintendent's determination may | ||||||
6 | be modified by the board on a case-by-case basis. | ||||||
7 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
8 | regardless of its composition, a billy club, or any other | ||||||
9 | object if used or attempted to be used to cause bodily | ||||||
10 | harm, including "look alikes" of any firearm as defined in | ||||||
11 | subdivision (1) of this subsection (d). The expulsion | ||||||
12 | requirement under this subdivision (2) may be modified by | ||||||
13 | the superintendent, and the superintendent's determination | ||||||
14 | may be modified by the board on a case-by-case basis. | ||||||
15 | Expulsion
or suspension
shall be construed in a
manner | ||||||
16 | consistent with the Federal Individuals with Disabilities | ||||||
17 | Education
Act. A student who is subject to suspension or | ||||||
18 | expulsion as provided in this
Section may be eligible for a | ||||||
19 | transfer to an alternative school program in
accordance with | ||||||
20 | Article 13A of the School Code.
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21 | (d-5) The board may suspend or by regulation
authorize the | ||||||
22 | superintendent of the district or the principal, assistant
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23 | principal, or dean of students of any
school to suspend a | ||||||
24 | student for a period not to exceed
10 school days or may expel | ||||||
25 | a student for a definite period of time not to
exceed 2 | ||||||
26 | calendar years, as determined on a case-by-case case by case |
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1 | basis, if (i) that student has been determined to have made an | ||||||
2 | explicit threat on an Internet website against a school | ||||||
3 | employee, a student, or any school-related personnel, (ii) the | ||||||
4 | Internet website through which the threat was made is a site | ||||||
5 | that was accessible within the school at the time the threat | ||||||
6 | was made or was available to third parties who worked or | ||||||
7 | studied within the school grounds at the time the threat was | ||||||
8 | made, and (iii) the threat could be reasonably interpreted as | ||||||
9 | threatening to the safety and security of the threatened | ||||||
10 | individual because of his or her duties or employment status or | ||||||
11 | status as a student inside the school.
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12 | (e) To maintain order and security in the schools, school | ||||||
13 | authorities may
inspect and search places and areas such as | ||||||
14 | lockers, desks, parking lots, and
other school property and | ||||||
15 | equipment owned or controlled by the school, as well
as | ||||||
16 | personal effects left in those places and areas by students, | ||||||
17 | without notice
to or the consent of the student, and without a | ||||||
18 | search warrant. As a matter of
public policy, the General | ||||||
19 | Assembly finds that students have no reasonable
expectation of | ||||||
20 | privacy in these places and areas or in their personal effects
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21 | left in these places and areas. School authorities may request | ||||||
22 | the assistance
of law enforcement officials for the purpose of | ||||||
23 | conducting inspections and
searches of lockers, desks, parking | ||||||
24 | lots, and other school property and
equipment owned or | ||||||
25 | controlled by the school for illegal drugs, weapons, or
other
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26 | illegal or dangerous substances or materials, including |
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1 | searches conducted
through the use of specially trained dogs. | ||||||
2 | If a search conducted in accordance
with this Section produces | ||||||
3 | evidence that the student has violated or is
violating either | ||||||
4 | the law, local ordinance, or the school's policies or rules,
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5 | such evidence may be seized by school authorities, and | ||||||
6 | disciplinary action may
be taken. School authorities may also | ||||||
7 | turn over such evidence to law
enforcement authorities.
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8 | (f) Suspension or expulsion may include suspension or | ||||||
9 | expulsion from
school and all school activities and a | ||||||
10 | prohibition from being present on school
grounds.
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11 | (g) A school district may adopt a policy providing that if | ||||||
12 | a student
is suspended or expelled for any reason from any | ||||||
13 | public or private school
in this or any other state, the | ||||||
14 | student must complete the entire term of
the suspension or | ||||||
15 | expulsion in an alternative school program under Article 13A of | ||||||
16 | this Code or an alternative learning opportunities program | ||||||
17 | under Article 13B of this Code before being admitted into the | ||||||
18 | school
district if there is no threat to the safety of students | ||||||
19 | or staff in the alternative program.
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20 | (h) School officials shall not advise or encourage students | ||||||
21 | to drop out voluntarily due to behavioral or academic | ||||||
22 | difficulties. | ||||||
23 | (i) A student may not be issued a monetary fine or fee as a | ||||||
24 | disciplinary consequence, though this shall not preclude | ||||||
25 | requiring a student to provide restitution for lost, stolen, or | ||||||
26 | damaged property. |
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1 | (j) Subsections (a) through (i) of this Section shall apply | ||||||
2 | to elementary and secondary schools, charter schools, special | ||||||
3 | charter districts, and school districts organized under | ||||||
4 | Article 34 of this Code. | ||||||
5 | (k) The expulsion of children enrolled in programs funded | ||||||
6 | under Section 1C-2 of this Code is subject to the requirements | ||||||
7 | under paragraph (7) of subsection (a) of Section 2-3.71 of this | ||||||
8 | Code. | ||||||
9 | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | ||||||
10 | revised 1-22-18.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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