Bill Text: IL SB0704 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code. Provides that the State Board of Education is, subject to appropriation, authorized to award competitive grants under a Safe Schools and Healthy Learning Environments Program. Provides that under the program, selected school districts must reallocate funding for school-based law enforcement personnel in some or all of their schools to other evidence-based and promising practices designed to promote school safety and healthy learning environments, including, but not limited to, restorative justice programs; increased use of school psychologists, social workers, and other mental and behavioral health specialists; drug and alcohol treatment services; wraparound services for youth; and training for school staff on conflict resolution techniques and other disciplinary alternatives. Provides that the program shall match the amount that is reallocated from school-based law enforcement personnel to alternative methods of addressing student behavior on a dollar-for-dollar basis. Prohibits grant funds from being used to increase the use of school-based security personnel. Provides for an annual report to update progress on the Program. Prohibits arrest or being otherwise cited for a criminal offense committed during school hours while on school grounds, in school vehicles, or at school activities or sanctioned events except in certain circumstances.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2017-04-27 - Added as Chief Co-Sponsor Sen. Mattie Hunter [SB0704 Detail]

Download: Illinois-2017-SB0704-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0704

Introduced 1/30/2017, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.170 new
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6

Amends the School Code. Provides that the State Board of Education is, subject to appropriation, authorized to award competitive grants under a Safe Schools and Healthy Learning Environments Program. Provides that under the program, selected school districts must reallocate funding for school-based law enforcement personnel in some or all of their schools to other evidence-based and promising practices designed to promote school safety and healthy learning environments, including, but not limited to, restorative justice programs; increased use of school psychologists, social workers, and other mental and behavioral health specialists; drug and alcohol treatment services; wraparound services for youth; and training for school staff on conflict resolution techniques and other disciplinary alternatives. Provides that the program shall match the amount that is reallocated from school-based law enforcement personnel to alternative methods of addressing student behavior on a dollar-for-dollar basis. Prohibits grant funds from being used to increase the use of school-based security personnel. Provides for an annual report to update progress on the Program. Prohibits arrest or being otherwise cited for a criminal offense committed during school hours while on school grounds, in school vehicles, or at school activities or sanctioned events except in certain circumstances.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
510-22.6 and by adding Section 2-3.170 as follows:
6 (105 ILCS 5/2-3.170 new)
7 Sec. 2-3.170. Safe Schools and Healthy Learning
8Environments Program.
9 (a) The General Assembly recognizes that (i) many K-12
10students around the State are arrested in school and sent into
11the justice system, often for minor offenses that do not pose a
12serious threat to school safety; (ii) many schools across the
13State have become overly reliant on law enforcement personnel
14to handle routine school disciplinary matters; (iii) many
15student behaviors that result in arrest in some schools are
16addressed without involving the justice system in others; (iv)
17the over-criminalization of K-12 students has had significant
18negative consequences for students, families, and entire
19communities; (v) these dynamics, known as the
20"school-to-prison pipeline", have disproportionately affected
21students of color; (vi) these practices impose substantial
22economic costs on both localities and the State overall; (vii)
23the use of school-based law enforcement has not been proven

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1effective as a strategy to promote safe and productive schools;
2and (viii) eliminating unnecessary school-based arrests and
3law enforcement presence in school while promoting the use of
4developmentally appropriate alternatives will protect school
5safety, improve school climate, raise academic achievement,
6and save taxpayer dollars.
7 (b) The State Board of Education, subject to appropriation,
8is authorized to award competitive grants under a Safe Schools
9and Healthy Learning Environments Program. Under this program,
10selected school districts must reallocate funding for
11school-based law enforcement personnel in some or all of their
12schools to other evidence-based and promising practices
13designed to promote school safety and healthy learning
14environments, including, but not limited to, restorative
15justice programs; increased use of school psychologists,
16social workers, and other mental and behavioral health
17specialists; drug and alcohol treatment services; wraparound
18services for youth; and training for school staff on conflict
19resolution techniques and other disciplinary alternatives. To
20apply for a grant under the program, school districts shall
21submit applications that outline their plans for reallocating
22their funds, including the total amount of funds to be
23reallocated. Subject to the availability of funds, for grant
24recipients, the Safe Schools and Healthy Learning Environments
25Program shall match the amount that is reallocated from
26school-based law enforcement personnel to alternative methods

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1of addressing student behavior on a dollar-for-dollar basis.
2 Grant funds shall be used only to fund alternatives to
3school-based arrests and law enforcement presence in schools.
4Grant funds shall not be used to increase the use of
5school-based security personnel. Grant funds may be used to
6transition from school-based law enforcement personnel to
7alternative patrol structures. Nothing in this Section shall
8prohibit school districts from involving law enforcement
9personnel when necessary and allowed by law.
10 (c) The State Board of Education shall annually disseminate
11a request for applications to this program and funds shall be
12distributed annually. The criteria to be considered by the
13State Board of Education in awarding funds shall be (i) the
14demonstrated need for the funds, as indicated by past use of
15school-based arrests; the substantial presence of school-based
16law enforcement personnel; and the targeted schools being
17located in historically under-resourced communities and (ii)
18the degree to which the proposal fulfills the goals of this
19Section.
20 (d) The State Superintendent of Education, in cooperation
21with the school districts participating in the program, shall
22submit an annual report to the General Assembly on the results
23of the program, including the progress being made in reducing
24both unnecessary school-based arrests and the over-reliance on
25school-based law enforcement to address school disciplinary
26matters, and the effects of the program on school safety and

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

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1include a rationale as to the specific duration of the
2expulsion. An expelled pupil may be immediately transferred to
3an alternative program in the manner provided in Article 13A or
413B of this Code. A pupil must not be denied transfer because
5of the expulsion, except in cases in which such transfer is
6deemed to cause a threat to the safety of students or staff in
7the alternative program.
8 (b) To suspend or by policy to authorize the superintendent
9of the district or the principal, assistant principal, or dean
10of students of any school to suspend pupils guilty of gross
11disobedience or misconduct, or to suspend pupils guilty of
12gross disobedience or misconduct on the school bus from riding
13the school bus, pursuant to subsections (b-15) and (b-20) of
14this Section, and no action shall lie against them for such
15suspension. The board may by policy authorize the
16superintendent of the district or the principal, assistant
17principal, or dean of students of any school to suspend pupils
18guilty of such acts for a period not to exceed 10 school days.
19If a pupil is suspended due to gross disobedience or misconduct
20on a school bus, the board may suspend the pupil in excess of
2110 school days for safety reasons.
22 Any suspension shall be reported immediately to the
23parents or guardian of a pupil along with a full statement of
24the reasons for such suspension and a notice of their right to
25a review. The school board must be given a summary of the
26notice, including the reason for the suspension and the

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

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

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

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1to be provided or whether it was determined that there are no
2such appropriate and available services.
3 A school district may refer students who are expelled to
4appropriate and available support services.
5 A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8 (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parent or guardian to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16 (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such meeting
18whenever there is evidence that mental illness may be the cause
19for expulsion or suspension.
20 (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, and
26developmentally appropriate disciplinary methods that promote

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

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1consistent with the Federal Individuals with Disabilities
2Education Act. A student who is subject to suspension or
3expulsion as provided in this Section may be eligible for a
4transfer to an alternative school program in accordance with
5Article 13A of the School Code.
6 (d-5) The board may suspend or by regulation authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend a
9student for a period not to exceed 10 school days or may expel
10a student for a definite period of time not to exceed 2
11calendar years, as determined on a case by case basis, if (i)
12that student has been determined to have made an explicit
13threat on an Internet website against a school employee, a
14student, or any school-related personnel, (ii) the Internet
15website through which the threat was made is a site that was
16accessible within the school at the time the threat was made or
17was available to third parties who worked or studied within the
18school grounds at the time the threat was made, and (iii) the
19threat could be reasonably interpreted as threatening to the
20safety and security of the threatened individual because of his
21or her duties or employment status or status as a student
22inside the school.
23 (e) To maintain order and security in the schools, school
24authorities may inspect and search places and areas such as
25lockers, desks, parking lots, and other school property and
26equipment owned or controlled by the school, as well as

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1personal effects left in those places and areas by students,
2without notice to or the consent of the student, and without a
3search warrant. As a matter of public policy, the General
4Assembly finds that students have no reasonable expectation of
5privacy in these places and areas or in their personal effects
6left in these places and areas. School authorities may request
7the assistance of law enforcement officials for the purpose of
8conducting inspections and searches of lockers, desks, parking
9lots, and other school property and equipment owned or
10controlled by the school for illegal drugs, weapons, or other
11illegal or dangerous substances or materials, including
12searches conducted through the use of specially trained dogs.
13If a search conducted in accordance with this Section produces
14evidence that the student has violated or is violating either
15the law, local ordinance, or the school's policies or rules,
16such evidence may be seized by school authorities, and
17disciplinary action may be taken. School authorities may also
18turn over such evidence to law enforcement authorities.
19 (f) Suspension or expulsion may include suspension or
20expulsion from school and all school activities and a
21prohibition from being present on school grounds.
22 (g) A school district may adopt a policy providing that if
23a student is suspended or expelled for any reason from any
24public or private school in this or any other state, the
25student must complete the entire term of the suspension or
26expulsion in an alternative school program under Article 13A of

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1this Code or an alternative learning opportunities program
2under Article 13B of this Code before being admitted into the
3school district if there is no threat to the safety of students
4or staff in the alternative program.
5 (h) School officials shall not advise or encourage students
6to drop out voluntarily due to behavioral or academic
7difficulties.
8 (i) A student may not be issued a monetary fine or fee as a
9disciplinary consequence, though this shall not preclude
10requiring a student to provide restitution for lost, stolen, or
11damaged property.
12 (i-5) A student may not be arrested or otherwise cited for
13a criminal offense committed during school hours while on
14school grounds, in school vehicles, or at school activities or
15sanctioned events unless:
16 (1) the offense would constitute a felony, if committed
17 outside of the school setting, in one of the classes
18 defined in the Criminal Code of 2012;
19 (2) the offense involved an act of physical violence
20 against another person or resulted in a serious bodily
21 injury to that person, and the arrest of the student is
22 necessary to avoid an ongoing threat to the physical safety
23 of other members of the school community;
24 (3) the offense involved the use of a firearm; or
25 (4) the offense involved an act of criminal sexual
26 abuse.

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1 While the option to use justice-system interventions is
2available under these conditions, they shall only be used as a
3last resort, when there are no other options for safely and
4appropriately handling the situation.
5 School employees and officials retain their authority and
6discretion under law to address offenses not specified within
7items (1) through (4) of this subsection (i-5) through the
8school disciplinary process. Nothing in this subsection (i-5)
9shall limit the rights and duties of teachers, school
10administrators, other school district employees, and law
11enforcement officers from reporting and responding to criminal
12conduct by any individual who is not a student under the school
13district's jurisdiction.
14 (j) Subsections (a) through (i-5) (i) of this Section shall
15apply to elementary and secondary schools, charter schools,
16special charter districts, and school districts organized
17under Article 34 of this Code.
18(Source: P.A. 99-456, eff. 9-15-16.)
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