Bill Text: IL HB5985 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the School Code. With respect to the suspension or expulsion of pupils, provides that if a firearm generally used for hunting purposes is found to be in a student's vehicle and the student has not faced prior disciplinary action for bringing a weapon to school, then the school board may not expel the student (rather than requiring expulsion for a period of not less than one year). Provides that the school board may suspend the student for no more than 3 days instead. Provides that these provisions do not apply to a handgun as defined in the Firearm Concealed Carry Act or any firearm located outside of the student's vehicle on school property.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5985 Detail]

Download: Illinois-2015-HB5985-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5985 Introduced , by Rep. Reginald Phillips SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. With respect to the suspension or expulsion of pupils, provides that if a firearm generally used for hunting purposes is found to be in a student's vehicle and the student has not faced prior disciplinary action for bringing a weapon to school, then the school board may not expel the student (rather than requiring expulsion for a period of not less than one year). Provides that the school board may suspend the student for no more than 3 days instead. Provides that these provisions do not apply to a handgun as defined in the Firearm Concealed Carry Act or any firearm located outside of the student's vehicle on school property.
LRB099 19657 NHT 44054 b
A BILL FOR
HB5985 LRB099 19657 NHT 44054 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
10-22.6 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 99-456)
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, 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

HB5985 - 2 - LRB099 19657 NHT 44054 b
action thereon as it finds appropriate. 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, 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 such 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 guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent

HB5985 - 3 - LRB099 19657 NHT 44054 b
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. 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.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(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) Except as otherwise provided in this subsection

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(d), a 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.
If a firearm generally used for hunting purposes is found
to be in a student's vehicle and the student has not faced
prior disciplinary action under this subsection (d), then the
board may not expel the student. Instead, the board may suspend
the student for no more than 3 days. This paragraph does not
apply to a handgun as defined in the Firearm Concealed Carry
Act or any firearm located outside of the student's vehicle on
school property.
Expulsion or suspension shall be construed in a manner

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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. The provisions of this
subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
(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. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this

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Code.
(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. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.

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(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. This subsection (g)
applies to all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 99-456)
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

HB5985 - 8 - LRB099 19657 NHT 44054 b
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the best
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

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gross disobedience or misconduct on the school bus from riding
the school bus, pursuant to subsections (b-15) and (b-20) of
this Section, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
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

HB5985 - 10 - LRB099 19657 NHT 44054 b
shall, in the written suspension decision, detail the specific
act of gross disobedience or misconduct resulting in the
decision to suspend. The suspension decision shall also include
a rationale as to the specific duration of the suspension. A
pupil who is suspended in excess of 20 school days may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the suspension, except in cases
in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
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

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used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the length
of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials

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shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this Section
or the expulsion decision described in subsection (a) of this
Section, it shall be documented whether other interventions
were attempted or whether it was determined that there were no
other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
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

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academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, and
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) Except as otherwise provided in this subsection
(d), a A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined

HB5985 - 14 - LRB099 19657 NHT 44054 b
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.
If a firearm generally used for hunting purposes is found
to be in a student's vehicle and the student has not faced
prior disciplinary action under this subsection (d), then the
board may not expel the student. Instead, the board may suspend
the student for no more than 3 days. This paragraph does not
apply to a handgun as defined in the Firearm Concealed Carry
Act or any firearm located outside of the student's vehicle on
school property.
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

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expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case by case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within the
school grounds at the time the threat was made, and (iii) the
threat could be reasonably interpreted as threatening to the
safety and security of the threatened individual because of his
or her duties or employment status or status as a student
inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
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

HB5985 - 16 - LRB099 19657 NHT 44054 b
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
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

HB5985 - 17 - LRB099 19657 NHT 44054 b
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.
(Source: P.A. 99-456, eff. 9-15-16.)
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.