Bill Text: IL SB2017 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code. Prohibits municipal ordinances that regulate truants from including a fine or fee for violations or providing for enforcement by citation. Amends the School Code. Requires a memorandum of understanding between a local law enforcement agency and a school district for any school district that uses a school resource officer; sets forth requirements for the memorandum. Provides that a student is prohibited from being issued a monetary fine or fee by any person (rather than providing that a student may not be issued a monetary fine or fee) as a disciplinary consequence. Prohibits school personnel of a school district from referring a student to any other local public entity or a local law enforcement agency for that entity or agency to issue the student a monetary fine or fee as a disciplinary consequence. Prohibits a school district from referring a truant, chronic truant, or truant minor to any other local public entity for that local public entity to issue the child's parent or guardian a fine or a fee as punishment for the child's truancy. Makes conforming and other changes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-21 - Rule 3-9(a) / Re-referred to Assignments [SB2017 Detail]
Download: Illinois-2025-SB2017-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, | ||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||||||
| 5 | changing Section 11-5-9 as follows:
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| 6 | (65 ILCS 5/11-5-9) | ||||||||||||||||||||||||||||||||
| 7 | Sec. 11-5-9. Truants. The corporate authorities of any | ||||||||||||||||||||||||||||||||
| 8 | municipality may adopt ordinances to regulate truants within | ||||||||||||||||||||||||||||||||
| 9 | its jurisdiction. These ordinances may not include a graduated | ||||||||||||||||||||||||||||||||
| 10 | fine or fee schedule for repeat violations. However, the | ||||||||||||||||||||||||||||||||
| 11 | penalty for repeat violations may include , which may not | ||||||||||||||||||||||||||||||||
| 12 | exceed $100, or community service, or both, for violators 13 | ||||||||||||||||||||||||||||||||
| 13 | years of age or older. Such an ordinance and may provide for | ||||||||||||||||||||||||||||||||
| 14 | enforcement by citation or through administrative hearings as | ||||||||||||||||||||||||||||||||
| 15 | determined by ordinance. If the violator is under 13 years of | ||||||||||||||||||||||||||||||||
| 16 | age, the parent or custodian of the violator is subject to the | ||||||||||||||||||||||||||||||||
| 17 | fine or community service, or both. As used in this Section, | ||||||||||||||||||||||||||||||||
| 18 | "truants" means persons who are within the definition of | ||||||||||||||||||||||||||||||||
| 19 | "truant" in Section 26-2a of the School Code. Local officials | ||||||||||||||||||||||||||||||||
| 20 | or authorities that enforce, prosecute, or adjudicate | ||||||||||||||||||||||||||||||||
| 21 | municipal ordinances adopted under this Section or that work | ||||||||||||||||||||||||||||||||
| 22 | with school districts to address truancy problems are | ||||||||||||||||||||||||||||||||
| 23 | designated as (i) part of the juvenile justice system, | ||||||||||||||||||||||||||||||||
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| 1 | established by the Juvenile Court Act of 1987, and (ii) | ||||||
| 2 | "juvenile authorities" within the definition set forth in | ||||||
| 3 | subsection (a)(6.5) of Section 10-6 of the Illinois School | ||||||
| 4 | Student Record Act. Because truancy is a gateway to crime and | ||||||
| 5 | one of the most powerful predictors of juvenile delinquent | ||||||
| 6 | behavior, a school district may disclose education records | ||||||
| 7 | relating to attendance to juvenile authorities if the school | ||||||
| 8 | district determines that the disclosure will enhance the | ||||||
| 9 | juvenile justice system's ability to effectively serve, prior | ||||||
| 10 | to adjudication, the student whose records are released. | ||||||
| 11 | Enforcement of a municipal ordinance adopted under this | ||||||
| 12 | Section is pre-adjudicatory because it helps minors avoid | ||||||
| 13 | adjudicatory hearings under the Juvenile Court Act of 1987. A | ||||||
| 14 | school district may make a disclosure authorized under this | ||||||
| 15 | Section only if the juvenile authority certifies in writing to | ||||||
| 16 | the school district that the information will not be | ||||||
| 17 | disclosed, without prior written consent of the parent or | ||||||
| 18 | custodian of the student, to any other individual or entity, | ||||||
| 19 | except as otherwise provided under State law. A home rule unit | ||||||
| 20 | may not regulate truants in a manner inconsistent with the | ||||||
| 21 | provisions of this Section or Sections 10-22.6 and 26-12 of | ||||||
| 22 | the School Code. This Section is a limitation under subsection | ||||||
| 23 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
| 24 | the concurrent exercise by home rule units of the powers and | ||||||
| 25 | functions exercised by the State. | ||||||
| 26 | (Source: P.A. 94-1011, eff. 7-7-06; 95-1016, eff. 6-1-09.)
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| 1 | Section 10. The School Code is amended by changing | ||||||
| 2 | Sections 10-20.68, 10-22.6, 26-12, and 27-23.7 as follows:
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| 3 | (105 ILCS 5/10-20.68) | ||||||
| 4 | Sec. 10-20.68. School resource officer. | ||||||
| 5 | (a) In this Section, "school resource officer" means a law | ||||||
| 6 | enforcement officer who has been primarily assigned to a | ||||||
| 7 | school or school district under a memorandum of understanding | ||||||
| 8 | between an agreement with a local law enforcement agency and | ||||||
| 9 | the school district. | ||||||
| 10 | (a-5) A memorandum of understanding between a local law | ||||||
| 11 | enforcement agency and a school district is required for any | ||||||
| 12 | school district that uses a school resource officer. The | ||||||
| 13 | memorandum of understanding must clearly define a school | ||||||
| 14 | resource officer's role in a school and must be in accordance | ||||||
| 15 | with Section 10-22.6. The memorandum of understanding shall | ||||||
| 16 | include provisions that: | ||||||
| 17 | (1) define the role, duties, and responsibilities of a | ||||||
| 18 | school resource officer in alignment with the school | ||||||
| 19 | district's disciplinary policies; | ||||||
| 20 | (2) specify procedures to ensure that a school | ||||||
| 21 | resource officer prioritizes alternative disciplinary | ||||||
| 22 | measures, including delayed adjudication procedures if a | ||||||
| 23 | ticket is issued; | ||||||
| 24 | (3) include training requirements for a school | ||||||
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| 1 | resource officer that focuses on alternative methods of | ||||||
| 2 | discipline and restorative practices to address student | ||||||
| 3 | behavior in a developmentally appropriate and culturally | ||||||
| 4 | sensitive manner; | ||||||
| 5 | (4) outline a process for data collection and | ||||||
| 6 | reporting on tickets or citations issued by a school | ||||||
| 7 | resource officer, disaggregated by demographic categories; | ||||||
| 8 | and | ||||||
| 9 | (5) provide for regular review and evaluation of the | ||||||
| 10 | school resource officer program, including community and | ||||||
| 11 | stakeholder input. | ||||||
| 12 | (b) Any Beginning January 1, 2021, any law enforcement | ||||||
| 13 | agency that provides a school resource officer under this | ||||||
| 14 | Section shall provide to the school district a certificate of | ||||||
| 15 | completion, or approved waiver, issued by the Illinois Law | ||||||
| 16 | Enforcement Training Standards Board under Section 10.22 of | ||||||
| 17 | the Illinois Police Training Act indicating that the subject | ||||||
| 18 | officer has completed the requisite course of instruction in | ||||||
| 19 | the applicable subject areas within one year of assignment, or | ||||||
| 20 | has prior experience and training which satisfies this | ||||||
| 21 | requirement. | ||||||
| 22 | (c) In an effort to defray the related costs, any law | ||||||
| 23 | enforcement agency that provides a school resource officer | ||||||
| 24 | should apply for grant funding through the federal Community | ||||||
| 25 | Oriented Policing Services grant program. | ||||||
| 26 | (d) The State Board of Education may adopt rules to | ||||||
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| 1 | implement this Section. | ||||||
| 2 | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
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| 3 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
| 4 | (Text of Section before amendment by P.A. 102-466) | ||||||
| 5 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
| 6 | searches. | ||||||
| 7 | (a) To expel students guilty of gross disobedience or | ||||||
| 8 | misconduct, including gross disobedience or misconduct | ||||||
| 9 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
| 10 | of this Section, and no action shall lie against them for such | ||||||
| 11 | expulsion. Expulsion shall take place only after the parents | ||||||
| 12 | have been requested to appear at a meeting of the board, or | ||||||
| 13 | with a hearing officer appointed by it, to discuss their | ||||||
| 14 | child's behavior. Such request shall be made by registered or | ||||||
| 15 | certified mail and shall state the time, place and purpose of | ||||||
| 16 | the meeting. The board, or a hearing officer appointed by it, | ||||||
| 17 | at such meeting shall state the reasons for dismissal and the | ||||||
| 18 | date on which the expulsion is to become effective. If a | ||||||
| 19 | hearing officer is appointed by the board, the hearing officer | ||||||
| 20 | shall report to the board a written summary of the evidence | ||||||
| 21 | heard at the meeting and the board may take such action thereon | ||||||
| 22 | as it finds appropriate. If the board acts to expel a student, | ||||||
| 23 | the written expulsion decision shall detail the specific | ||||||
| 24 | reasons why removing the student from the learning environment | ||||||
| 25 | is in the best interest of the school. The expulsion decision | ||||||
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| 1 | shall also include a rationale as to the specific duration of | ||||||
| 2 | the expulsion. An expelled student may be immediately | ||||||
| 3 | transferred to an alternative program in the manner provided | ||||||
| 4 | in Article 13A or 13B of this Code. A student must not be | ||||||
| 5 | denied transfer because of the expulsion, except in cases in | ||||||
| 6 | which such transfer is deemed to cause a threat to the safety | ||||||
| 7 | of students or staff in the alternative program. | ||||||
| 8 | (b) To suspend or by policy to authorize the | ||||||
| 9 | superintendent of the district or the principal, assistant | ||||||
| 10 | principal, or dean of students of any school to suspend | ||||||
| 11 | students guilty of gross disobedience or misconduct, or to | ||||||
| 12 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 13 | the school bus from riding the school bus, pursuant to | ||||||
| 14 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 15 | shall lie against them for such suspension. The board may by | ||||||
| 16 | policy authorize the superintendent of the district or the | ||||||
| 17 | principal, assistant principal, or dean of students of any | ||||||
| 18 | school to suspend students guilty of such acts for a period not | ||||||
| 19 | to exceed 10 school days. If a student is suspended due to | ||||||
| 20 | gross disobedience or misconduct on a school bus, the board | ||||||
| 21 | may suspend the student in excess of 10 school days for safety | ||||||
| 22 | reasons. | ||||||
| 23 | Any suspension shall be reported immediately to the | ||||||
| 24 | parents or guardian of a student along with a full statement of | ||||||
| 25 | the reasons for such suspension and a notice of their right to | ||||||
| 26 | a review. The school board must be given a summary of the | ||||||
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| 1 | notice, including the reason for the suspension and the | ||||||
| 2 | suspension length. Upon request of the parents or guardian, | ||||||
| 3 | the school board or a hearing officer appointed by it shall | ||||||
| 4 | review such action of the superintendent or principal, | ||||||
| 5 | assistant principal, or dean of students. At such review, the | ||||||
| 6 | parents or guardian of the student may appear and discuss the | ||||||
| 7 | suspension with the board or its hearing officer. If a hearing | ||||||
| 8 | officer is appointed by the board, he shall report to the board | ||||||
| 9 | a written summary of the evidence heard at the meeting. After | ||||||
| 10 | its hearing or upon receipt of the written report of its | ||||||
| 11 | hearing officer, the board may take such action as it finds | ||||||
| 12 | appropriate. If a student is suspended pursuant to this | ||||||
| 13 | subsection (b), the board shall, in the written suspension | ||||||
| 14 | decision, detail the specific act of gross disobedience or | ||||||
| 15 | misconduct resulting in the decision to suspend. The | ||||||
| 16 | suspension decision shall also include a rationale as to the | ||||||
| 17 | specific duration of the suspension. | ||||||
| 18 | (b-5) Among the many possible disciplinary interventions | ||||||
| 19 | and consequences available to school officials, school | ||||||
| 20 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 21 | are the most serious. School officials shall limit the number | ||||||
| 22 | and duration of expulsions and suspensions to the greatest | ||||||
| 23 | extent practicable, and it is recommended that they use them | ||||||
| 24 | only for legitimate educational purposes. To ensure that | ||||||
| 25 | students are not excluded from school unnecessarily, it is | ||||||
| 26 | recommended that school officials consider forms of | ||||||
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| 1 | non-exclusionary discipline prior to using out-of-school | ||||||
| 2 | suspensions or expulsions. | ||||||
| 3 | (b-10) Unless otherwise required by federal law or this | ||||||
| 4 | Code, school boards may not institute zero-tolerance policies | ||||||
| 5 | by which school administrators are required to suspend or | ||||||
| 6 | expel students for particular behaviors. | ||||||
| 7 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| 8 | used only if the student's continuing presence in school would | ||||||
| 9 | pose a threat to school safety or a disruption to other | ||||||
| 10 | students' learning opportunities. For purposes of this | ||||||
| 11 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 12 | other students' learning opportunities" shall be determined on | ||||||
| 13 | a case-by-case basis by the school board or its designee. | ||||||
| 14 | School officials shall make all reasonable efforts to resolve | ||||||
| 15 | such threats, address such disruptions, and minimize the | ||||||
| 16 | length of suspensions to the greatest extent practicable. | ||||||
| 17 | (b-20) Unless otherwise required by this Code, | ||||||
| 18 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 19 | and disciplinary removals to alternative schools may be used | ||||||
| 20 | only if other appropriate and available behavioral and | ||||||
| 21 | disciplinary interventions have been exhausted and the | ||||||
| 22 | student's continuing presence in school would either (i) pose | ||||||
| 23 | a threat to the safety of other students, staff, or members of | ||||||
| 24 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 25 | interfere with the operation of the school. For purposes of | ||||||
| 26 | this subsection (b-20), "threat to the safety of other | ||||||
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| 1 | students, staff, or members of the school community" and | ||||||
| 2 | "substantially disrupt, impede, or interfere with the | ||||||
| 3 | operation of the school" shall be determined on a case-by-case | ||||||
| 4 | basis by school officials. For purposes of this subsection | ||||||
| 5 | (b-20), the determination of whether "appropriate and | ||||||
| 6 | available behavioral and disciplinary interventions have been | ||||||
| 7 | exhausted" shall be made by school officials. School officials | ||||||
| 8 | shall make all reasonable efforts to resolve such threats, | ||||||
| 9 | address such disruptions, and minimize the length of student | ||||||
| 10 | exclusions to the greatest extent practicable. Within the | ||||||
| 11 | suspension decision described in subsection (b) of this | ||||||
| 12 | Section or the expulsion decision described in subsection (a) | ||||||
| 13 | of this Section, it shall be documented whether other | ||||||
| 14 | interventions were attempted or whether it was determined that | ||||||
| 15 | there were no other appropriate and available interventions. | ||||||
| 16 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 17 | than 3 school days shall be provided appropriate and available | ||||||
| 18 | support services during the period of their suspension. For | ||||||
| 19 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 20 | support services" shall be determined by school authorities. | ||||||
| 21 | Within the suspension decision described in subsection (b) of | ||||||
| 22 | this Section, it shall be documented whether such services are | ||||||
| 23 | to be provided or whether it was determined that there are no | ||||||
| 24 | such appropriate and available services. | ||||||
| 25 | A school district may refer students who are expelled to | ||||||
| 26 | appropriate and available support services. | ||||||
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| 1 | A school district shall create a policy to facilitate the | ||||||
| 2 | re-engagement of students who are suspended out-of-school, | ||||||
| 3 | expelled, or returning from an alternative school setting. In | ||||||
| 4 | consultation with stakeholders deemed appropriate by the State | ||||||
| 5 | Board of Education, the State Board of Education shall draft | ||||||
| 6 | and publish guidance for the re-engagement of students who are | ||||||
| 7 | suspended out-of-school, expelled, or returning from an | ||||||
| 8 | alternative school setting in accordance with this Section and | ||||||
| 9 | Section 13A-4 on or before July 1, 2025. | ||||||
| 10 | (b-30) A school district shall create a policy by which | ||||||
| 11 | suspended students, including those students suspended from | ||||||
| 12 | the school bus who do not have alternate transportation to | ||||||
| 13 | school, shall have the opportunity to make up work for | ||||||
| 14 | equivalent academic credit. It shall be the responsibility of | ||||||
| 15 | a student's parent or guardian to notify school officials that | ||||||
| 16 | a student suspended from the school bus does not have | ||||||
| 17 | alternate transportation to school. | ||||||
| 18 | (c) A school board must invite a representative from a | ||||||
| 19 | local mental health agency to consult with the board at the | ||||||
| 20 | meeting whenever there is evidence that mental illness may be | ||||||
| 21 | the cause of a student's expulsion or suspension. | ||||||
| 22 | (c-5) School districts shall make reasonable efforts to | ||||||
| 23 | provide ongoing professional development to all school | ||||||
| 24 | personnel, school board members, and school resource officers, | ||||||
| 25 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 26 | adverse consequences of school exclusion and justice-system | ||||||
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| 1 | involvement, effective classroom management strategies, | ||||||
| 2 | culturally responsive discipline, trauma-responsive learning | ||||||
| 3 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 4 | the appropriate and available supportive services for the | ||||||
| 5 | promotion of student attendance and engagement, and | ||||||
| 6 | developmentally appropriate disciplinary methods that promote | ||||||
| 7 | positive and healthy school climates. | ||||||
| 8 | (d) The board may expel a student for a definite period of | ||||||
| 9 | time not to exceed 2 calendar years, as determined on a | ||||||
| 10 | case-by-case basis. A student who is determined to have | ||||||
| 11 | brought one of the following objects to school, any | ||||||
| 12 | school-sponsored activity or event, or any activity or event | ||||||
| 13 | that bears a reasonable relationship to school shall be | ||||||
| 14 | expelled for a period of not less than one year: | ||||||
| 15 | (1) A firearm. For the purposes of this Section, | ||||||
| 16 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 17 | by Section 921 of Title 18 of the United States Code, | ||||||
| 18 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 19 | Identification Card Act, or firearm as defined in Section | ||||||
| 20 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
| 21 | under this subdivision (1) may be modified by the | ||||||
| 22 | superintendent, and the superintendent's determination may | ||||||
| 23 | be modified by the board on a case-by-case basis. | ||||||
| 24 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 25 | regardless of its composition, a billy club, or any other | ||||||
| 26 | object if used or attempted to be used to cause bodily | ||||||
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| 1 | harm, including "look alikes" of any firearm as defined in | ||||||
| 2 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 3 | requirement under this subdivision (2) may be modified by | ||||||
| 4 | the superintendent, and the superintendent's determination | ||||||
| 5 | may be modified by the board on a case-by-case basis. | ||||||
| 6 | Expulsion or suspension shall be construed in a manner | ||||||
| 7 | consistent with the federal Individuals with Disabilities | ||||||
| 8 | Education Act. A student who is subject to suspension or | ||||||
| 9 | expulsion as provided in this Section may be eligible for a | ||||||
| 10 | transfer to an alternative school program in accordance with | ||||||
| 11 | Article 13A of the School Code. | ||||||
| 12 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 13 | superintendent of the district or the principal, assistant | ||||||
| 14 | principal, or dean of students of any school to suspend a | ||||||
| 15 | student for a period not to exceed 10 school days or may expel | ||||||
| 16 | a student for a definite period of time not to exceed 2 | ||||||
| 17 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| 18 | that student has been determined to have made an explicit | ||||||
| 19 | threat on an Internet website against a school employee, a | ||||||
| 20 | student, or any school-related personnel, (ii) the Internet | ||||||
| 21 | website through which the threat was made is a site that was | ||||||
| 22 | accessible within the school at the time the threat was made or | ||||||
| 23 | was available to third parties who worked or studied within | ||||||
| 24 | the school grounds at the time the threat was made, and (iii) | ||||||
| 25 | the threat could be reasonably interpreted as threatening to | ||||||
| 26 | the safety and security of the threatened individual because | ||||||
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| 1 | of the individual's duties or employment status or status as a | ||||||
| 2 | student inside the school. | ||||||
| 3 | (e) To maintain order and security in the schools, school | ||||||
| 4 | authorities may inspect and search places and areas such as | ||||||
| 5 | lockers, desks, parking lots, and other school property and | ||||||
| 6 | equipment owned or controlled by the school, as well as | ||||||
| 7 | personal effects left in those places and areas by students, | ||||||
| 8 | without notice to or the consent of the student, and without a | ||||||
| 9 | search warrant. As a matter of public policy, the General | ||||||
| 10 | Assembly finds that students have no reasonable expectation of | ||||||
| 11 | privacy in these places and areas or in their personal effects | ||||||
| 12 | left in these places and areas. School authorities may request | ||||||
| 13 | the assistance of law enforcement officials for the purpose of | ||||||
| 14 | conducting inspections and searches of lockers, desks, parking | ||||||
| 15 | lots, and other school property and equipment owned or | ||||||
| 16 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 17 | illegal or dangerous substances or materials, including | ||||||
| 18 | searches conducted through the use of specially trained dogs. | ||||||
| 19 | If a search conducted in accordance with this Section produces | ||||||
| 20 | evidence that the student has violated or is violating either | ||||||
| 21 | the law, local ordinance, or the school's policies or rules, | ||||||
| 22 | such evidence may be seized by school authorities, and | ||||||
| 23 | disciplinary action may be taken. School authorities may also | ||||||
| 24 | turn over such evidence to law enforcement authorities. | ||||||
| 25 | (f) Suspension or expulsion may include suspension or | ||||||
| 26 | expulsion from school and all school activities and a | ||||||
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| 1 | prohibition from being present on school grounds. | ||||||
| 2 | (g) A school district may adopt a policy providing that if | ||||||
| 3 | a student is suspended or expelled for any reason from any | ||||||
| 4 | public or private school in this or any other state, the | ||||||
| 5 | student must complete the entire term of the suspension or | ||||||
| 6 | expulsion in an alternative school program under Article 13A | ||||||
| 7 | of this Code or an alternative learning opportunities program | ||||||
| 8 | under Article 13B of this Code before being admitted into the | ||||||
| 9 | school district if there is no threat to the safety of students | ||||||
| 10 | or staff in the alternative program. | ||||||
| 11 | (h) School officials shall not advise or encourage | ||||||
| 12 | students to drop out voluntarily due to behavioral or academic | ||||||
| 13 | difficulties. | ||||||
| 14 | (i) A student is prohibited from being may not be issued a | ||||||
| 15 | monetary fine or fee by any person as a disciplinary | ||||||
| 16 | consequence, though this does shall not preclude requiring a | ||||||
| 17 | student to provide restitution for lost, stolen, or damaged | ||||||
| 18 | property. | ||||||
| 19 | (i-5) As used in this subsection (i-5), "school personnel" | ||||||
| 20 | has the meaning given to that term in Section 27-23.7. | ||||||
| 21 | School personnel of a school district are prohibited from | ||||||
| 22 | referring a student to any other local public entity, as | ||||||
| 23 | defined in Section 1-206 of the Local Governmental and | ||||||
| 24 | Governmental Employees Tort Immunity Act, or a local law | ||||||
| 25 | enforcement agency for that entity or agency to issue the | ||||||
| 26 | student a monetary fine or fee as a disciplinary consequence. | ||||||
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| 1 | This prohibition does not prohibit school personnel from | ||||||
| 2 | referring a matter to that appropriate entity or agency for a | ||||||
| 3 | violation of local, State, or federal law if necessary to | ||||||
| 4 | prevent an imminent threat of serious physical harm to the | ||||||
| 5 | student, other students, school personnel, or other persons, | ||||||
| 6 | for the purpose of self-defense or defense of property, or if | ||||||
| 7 | otherwise required to refer such a matter to the entity or | ||||||
| 8 | agency by local, State, or federal law. | ||||||
| 9 | (j) Subsections (a) through (i-5) (i) of this Section | ||||||
| 10 | shall apply to elementary and secondary schools, charter | ||||||
| 11 | schools, special charter districts, and school districts | ||||||
| 12 | organized under Article 34 of this Code. | ||||||
| 13 | (k) The expulsion of students enrolled in programs funded | ||||||
| 14 | under Section 1C-2 of this Code is subject to the requirements | ||||||
| 15 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
| 16 | this Code. | ||||||
| 17 | (l) An in-school suspension program provided by a school | ||||||
| 18 | district for any students in kindergarten through grade 12 may | ||||||
| 19 | focus on promoting non-violent conflict resolution and | ||||||
| 20 | positive interaction with other students and school personnel. | ||||||
| 21 | A school district may employ a school social worker or a | ||||||
| 22 | licensed mental health professional to oversee an in-school | ||||||
| 23 | suspension program in kindergarten through grade 12. | ||||||
| 24 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
| 25 | 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 102-466) | ||||||
| 2 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
| 3 | searches. | ||||||
| 4 | (a) To expel students guilty of gross disobedience or | ||||||
| 5 | misconduct, including gross disobedience or misconduct | ||||||
| 6 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
| 7 | of this Section, and no action shall lie against them for such | ||||||
| 8 | expulsion. Expulsion shall take place only after the parents | ||||||
| 9 | or guardians have been requested to appear at a meeting of the | ||||||
| 10 | board, or with a hearing officer appointed by it, to discuss | ||||||
| 11 | their child's behavior. Such request shall be made by | ||||||
| 12 | registered or certified mail and shall state the time, place | ||||||
| 13 | and purpose of the meeting. The board, or a hearing officer | ||||||
| 14 | appointed by it, at such meeting shall state the reasons for | ||||||
| 15 | dismissal and the date on which the expulsion is to become | ||||||
| 16 | effective. If a hearing officer is appointed by the board, the | ||||||
| 17 | hearing officer shall report to the board a written summary of | ||||||
| 18 | the evidence heard at the meeting and the board may take such | ||||||
| 19 | action thereon as it finds appropriate. If the board acts to | ||||||
| 20 | expel a student, the written expulsion decision shall detail | ||||||
| 21 | the specific reasons why removing the student from the | ||||||
| 22 | learning environment is in the best interest of the school. | ||||||
| 23 | The expulsion decision shall also include a rationale as to | ||||||
| 24 | the specific duration of the expulsion. An expelled student | ||||||
| 25 | may be immediately transferred to an alternative program in | ||||||
| 26 | the manner provided in Article 13A or 13B of this Code. A | ||||||
| |||||||
| |||||||
| 1 | student must not be denied transfer because of the expulsion, | ||||||
| 2 | except in cases in which such transfer is deemed to cause a | ||||||
| 3 | threat to the safety of students or staff in the alternative | ||||||
| 4 | program. | ||||||
| 5 | (b) To suspend or by policy to authorize the | ||||||
| 6 | superintendent of the district or the principal, assistant | ||||||
| 7 | principal, or dean of students of any school to suspend | ||||||
| 8 | students guilty of gross disobedience or misconduct, or to | ||||||
| 9 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 10 | the school bus from riding the school bus, pursuant to | ||||||
| 11 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 12 | shall lie against them for such suspension. The board may by | ||||||
| 13 | policy authorize the superintendent of the district or the | ||||||
| 14 | principal, assistant principal, or dean of students of any | ||||||
| 15 | school to suspend students guilty of such acts for a period not | ||||||
| 16 | to exceed 10 school days. If a student is suspended due to | ||||||
| 17 | gross disobedience or misconduct on a school bus, the board | ||||||
| 18 | may suspend the student in excess of 10 school days for safety | ||||||
| 19 | reasons. | ||||||
| 20 | Any suspension shall be reported immediately to the | ||||||
| 21 | parents or guardians of a student along with a full statement | ||||||
| 22 | of the reasons for such suspension and a notice of their right | ||||||
| 23 | to a review. The school board must be given a summary of the | ||||||
| 24 | notice, including the reason for the suspension and the | ||||||
| 25 | suspension length. Upon request of the parents or guardians, | ||||||
| 26 | the school board or a hearing officer appointed by it shall | ||||||
| |||||||
| |||||||
| 1 | review such action of the superintendent or principal, | ||||||
| 2 | assistant principal, or dean of students. At such review, the | ||||||
| 3 | parents or guardians of the student may appear and discuss the | ||||||
| 4 | suspension with the board or its hearing officer. If a hearing | ||||||
| 5 | officer is appointed by the board, he shall report to the board | ||||||
| 6 | a written summary of the evidence heard at the meeting. After | ||||||
| 7 | its hearing or upon receipt of the written report of its | ||||||
| 8 | hearing officer, the board may take such action as it finds | ||||||
| 9 | appropriate. If a student is suspended pursuant to this | ||||||
| 10 | subsection (b), the board shall, in the written suspension | ||||||
| 11 | decision, detail the specific act of gross disobedience or | ||||||
| 12 | misconduct resulting in the decision to suspend. The | ||||||
| 13 | suspension decision shall also include a rationale as to the | ||||||
| 14 | specific duration of the suspension. | ||||||
| 15 | (b-5) Among the many possible disciplinary interventions | ||||||
| 16 | and consequences available to school officials, school | ||||||
| 17 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 18 | are the most serious. School officials shall limit the number | ||||||
| 19 | and duration of expulsions and suspensions to the greatest | ||||||
| 20 | extent practicable, and it is recommended that they use them | ||||||
| 21 | only for legitimate educational purposes. To ensure that | ||||||
| 22 | students are not excluded from school unnecessarily, it is | ||||||
| 23 | recommended that school officials consider forms of | ||||||
| 24 | non-exclusionary discipline prior to using out-of-school | ||||||
| 25 | suspensions or expulsions. | ||||||
| 26 | (b-10) Unless otherwise required by federal law or this | ||||||
| |||||||
| |||||||
| 1 | Code, school boards may not institute zero-tolerance policies | ||||||
| 2 | by which school administrators are required to suspend or | ||||||
| 3 | expel students for particular behaviors. | ||||||
| 4 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| 5 | used only if the student's continuing presence in school would | ||||||
| 6 | pose a threat to school safety or a disruption to other | ||||||
| 7 | students' learning opportunities. For purposes of this | ||||||
| 8 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 9 | other students' learning opportunities" shall be determined on | ||||||
| 10 | a case-by-case basis by the school board or its designee. | ||||||
| 11 | School officials shall make all reasonable efforts to resolve | ||||||
| 12 | such threats, address such disruptions, and minimize the | ||||||
| 13 | length of suspensions to the greatest extent practicable. | ||||||
| 14 | (b-20) Unless otherwise required by this Code, | ||||||
| 15 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 16 | and disciplinary removals to alternative schools may be used | ||||||
| 17 | only if other appropriate and available behavioral and | ||||||
| 18 | disciplinary interventions have been exhausted and the | ||||||
| 19 | student's continuing presence in school would either (i) pose | ||||||
| 20 | a threat to the safety of other students, staff, or members of | ||||||
| 21 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 22 | interfere with the operation of the school. For purposes of | ||||||
| 23 | this subsection (b-20), "threat to the safety of other | ||||||
| 24 | students, staff, or members of the school community" and | ||||||
| 25 | "substantially disrupt, impede, or interfere with the | ||||||
| 26 | operation of the school" shall be determined on a case-by-case | ||||||
| |||||||
| |||||||
| 1 | basis by school officials. For purposes of this subsection | ||||||
| 2 | (b-20), the determination of whether "appropriate and | ||||||
| 3 | available behavioral and disciplinary interventions have been | ||||||
| 4 | exhausted" shall be made by school officials. School officials | ||||||
| 5 | shall make all reasonable efforts to resolve such threats, | ||||||
| 6 | address such disruptions, and minimize the length of student | ||||||
| 7 | exclusions to the greatest extent practicable. Within the | ||||||
| 8 | suspension decision described in subsection (b) of this | ||||||
| 9 | Section or the expulsion decision described in subsection (a) | ||||||
| 10 | of this Section, it shall be documented whether other | ||||||
| 11 | interventions were attempted or whether it was determined that | ||||||
| 12 | there were no other appropriate and available interventions. | ||||||
| 13 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 14 | than 3 school days shall be provided appropriate and available | ||||||
| 15 | support services during the period of their suspension. For | ||||||
| 16 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 17 | support services" shall be determined by school authorities. | ||||||
| 18 | Within the suspension decision described in subsection (b) of | ||||||
| 19 | this Section, it shall be documented whether such services are | ||||||
| 20 | to be provided or whether it was determined that there are no | ||||||
| 21 | such appropriate and available services. | ||||||
| 22 | A school district may refer students who are expelled to | ||||||
| 23 | appropriate and available support services. | ||||||
| 24 | A school district shall create a policy to facilitate the | ||||||
| 25 | re-engagement of students who are suspended out-of-school, | ||||||
| 26 | expelled, or returning from an alternative school setting. In | ||||||
| |||||||
| |||||||
| 1 | consultation with stakeholders deemed appropriate by the State | ||||||
| 2 | Board of Education, the State Board of Education shall draft | ||||||
| 3 | and publish guidance for the re-engagement of students who are | ||||||
| 4 | suspended out-of-school, expelled, or returning from an | ||||||
| 5 | alternative school setting in accordance with this Section and | ||||||
| 6 | Section 13A-4 on or before July 1, 2025. | ||||||
| 7 | (b-30) A school district shall create a policy by which | ||||||
| 8 | suspended students, including those students suspended from | ||||||
| 9 | the school bus who do not have alternate transportation to | ||||||
| 10 | school, shall have the opportunity to make up work for | ||||||
| 11 | equivalent academic credit. It shall be the responsibility of | ||||||
| 12 | a student's parents or guardians to notify school officials | ||||||
| 13 | that a student suspended from the school bus does not have | ||||||
| 14 | alternate transportation to school. | ||||||
| 15 | (b-35) In all suspension review hearings conducted under | ||||||
| 16 | subsection (b) or expulsion hearings conducted under | ||||||
| 17 | subsection (a), a student may disclose any factor to be | ||||||
| 18 | considered in mitigation, including his or her status as a | ||||||
| 19 | parent, expectant parent, or victim of domestic or sexual | ||||||
| 20 | violence, as defined in Article 26A. A representative of the | ||||||
| 21 | parent's or guardian's choice, or of the student's choice if | ||||||
| 22 | emancipated, must be permitted to represent the student | ||||||
| 23 | throughout the proceedings and to address the school board or | ||||||
| 24 | its appointed hearing officer. With the approval of the | ||||||
| 25 | student's parent or guardian, or of the student if | ||||||
| 26 | emancipated, a support person must be permitted to accompany | ||||||
| |||||||
| |||||||
| 1 | the student to any disciplinary hearings or proceedings. The | ||||||
| 2 | representative or support person must comply with any rules of | ||||||
| 3 | the school district's hearing process. If the representative | ||||||
| 4 | or support person violates the rules or engages in behavior or | ||||||
| 5 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
| 6 | witness, or anyone else in attendance at the hearing, the | ||||||
| 7 | representative or support person may be prohibited from | ||||||
| 8 | further participation in the hearing or proceeding. A | ||||||
| 9 | suspension or expulsion proceeding under this subsection | ||||||
| 10 | (b-35) must be conducted independently from any ongoing | ||||||
| 11 | criminal investigation or proceeding, and an absence of | ||||||
| 12 | pending or possible criminal charges, criminal investigations, | ||||||
| 13 | or proceedings may not be a factor in school disciplinary | ||||||
| 14 | decisions. | ||||||
| 15 | (b-40) During a suspension review hearing conducted under | ||||||
| 16 | subsection (b) or an expulsion hearing conducted under | ||||||
| 17 | subsection (a) that involves allegations of sexual violence by | ||||||
| 18 | the student who is subject to discipline, neither the student | ||||||
| 19 | nor his or her representative shall directly question nor have | ||||||
| 20 | direct contact with the alleged victim. The student who is | ||||||
| 21 | subject to discipline or his or her representative may, at the | ||||||
| 22 | discretion and direction of the school board or its appointed | ||||||
| 23 | hearing officer, suggest questions to be posed by the school | ||||||
| 24 | board or its appointed hearing officer to the alleged victim. | ||||||
| 25 | (c) A school board must invite a representative from a | ||||||
| 26 | local mental health agency to consult with the board at the | ||||||
| |||||||
| |||||||
| 1 | meeting whenever there is evidence that mental illness may be | ||||||
| 2 | the cause of a student's expulsion or suspension. | ||||||
| 3 | (c-5) School districts shall make reasonable efforts to | ||||||
| 4 | provide ongoing professional development to all school | ||||||
| 5 | personnel, school board members, and school resource officers | ||||||
| 6 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 7 | adverse consequences of school exclusion and justice-system | ||||||
| 8 | involvement, effective classroom management strategies, | ||||||
| 9 | culturally responsive discipline, trauma-responsive learning | ||||||
| 10 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 11 | the appropriate and available supportive services for the | ||||||
| 12 | promotion of student attendance and engagement, and | ||||||
| 13 | developmentally appropriate disciplinary methods that promote | ||||||
| 14 | positive and healthy school climates. | ||||||
| 15 | (d) The board may expel a student for a definite period of | ||||||
| 16 | time not to exceed 2 calendar years, as determined on a | ||||||
| 17 | case-by-case basis. A student who is determined to have | ||||||
| 18 | brought one of the following objects to school, any | ||||||
| 19 | school-sponsored activity or event, or any activity or event | ||||||
| 20 | that bears a reasonable relationship to school shall be | ||||||
| 21 | expelled for a period of not less than one year: | ||||||
| 22 | (1) A firearm. For the purposes of this Section, | ||||||
| 23 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 24 | by Section 921 of Title 18 of the United States Code, | ||||||
| 25 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 26 | Identification Card Act, or firearm as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
| 2 | under this subdivision (1) may be modified by the | ||||||
| 3 | superintendent, and the superintendent's determination may | ||||||
| 4 | be modified by the board on a case-by-case basis. | ||||||
| 5 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 6 | regardless of its composition, a billy club, or any other | ||||||
| 7 | object if used or attempted to be used to cause bodily | ||||||
| 8 | harm, including "look alikes" of any firearm as defined in | ||||||
| 9 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 10 | requirement under this subdivision (2) may be modified by | ||||||
| 11 | the superintendent, and the superintendent's determination | ||||||
| 12 | may be modified by the board on a case-by-case basis. | ||||||
| 13 | Expulsion or suspension shall be construed in a manner | ||||||
| 14 | consistent with the federal Individuals with Disabilities | ||||||
| 15 | Education Act. A student who is subject to suspension or | ||||||
| 16 | expulsion as provided in this Section may be eligible for a | ||||||
| 17 | transfer to an alternative school program in accordance with | ||||||
| 18 | Article 13A of the School Code. | ||||||
| 19 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 20 | superintendent of the district or the principal, assistant | ||||||
| 21 | principal, or dean of students of any school to suspend a | ||||||
| 22 | student for a period not to exceed 10 school days or may expel | ||||||
| 23 | a student for a definite period of time not to exceed 2 | ||||||
| 24 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| 25 | that student has been determined to have made an explicit | ||||||
| 26 | threat on an Internet website against a school employee, a | ||||||
| |||||||
| |||||||
| 1 | student, or any school-related personnel, (ii) the Internet | ||||||
| 2 | website through which the threat was made is a site that was | ||||||
| 3 | accessible within the school at the time the threat was made or | ||||||
| 4 | was available to third parties who worked or studied within | ||||||
| 5 | the school grounds at the time the threat was made, and (iii) | ||||||
| 6 | the threat could be reasonably interpreted as threatening to | ||||||
| 7 | the safety and security of the threatened individual because | ||||||
| 8 | of the individual's duties or employment status or status as a | ||||||
| 9 | student inside the school. | ||||||
| 10 | (e) To maintain order and security in the schools, school | ||||||
| 11 | authorities may inspect and search places and areas such as | ||||||
| 12 | lockers, desks, parking lots, and other school property and | ||||||
| 13 | equipment owned or controlled by the school, as well as | ||||||
| 14 | personal effects left in those places and areas by students, | ||||||
| 15 | without notice to or the consent of the student, and without a | ||||||
| 16 | search warrant. As a matter of public policy, the General | ||||||
| 17 | Assembly finds that students have no reasonable expectation of | ||||||
| 18 | privacy in these places and areas or in their personal effects | ||||||
| 19 | left in these places and areas. School authorities may request | ||||||
| 20 | the assistance of law enforcement officials for the purpose of | ||||||
| 21 | conducting inspections and searches of lockers, desks, parking | ||||||
| 22 | lots, and other school property and equipment owned or | ||||||
| 23 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 24 | illegal or dangerous substances or materials, including | ||||||
| 25 | searches conducted through the use of specially trained dogs. | ||||||
| 26 | If a search conducted in accordance with this Section produces | ||||||
| |||||||
| |||||||
| 1 | evidence that the student has violated or is violating either | ||||||
| 2 | the law, local ordinance, or the school's policies or rules, | ||||||
| 3 | such evidence may be seized by school authorities, and | ||||||
| 4 | disciplinary action may be taken. School authorities may also | ||||||
| 5 | turn over such evidence to law enforcement authorities. | ||||||
| 6 | (f) Suspension or expulsion may include suspension or | ||||||
| 7 | expulsion from school and all school activities and a | ||||||
| 8 | prohibition from being present on school grounds. | ||||||
| 9 | (g) A school district may adopt a policy providing that if | ||||||
| 10 | a student is suspended or expelled for any reason from any | ||||||
| 11 | public or private school in this or any other state, the | ||||||
| 12 | student must complete the entire term of the suspension or | ||||||
| 13 | expulsion in an alternative school program under Article 13A | ||||||
| 14 | of this Code or an alternative learning opportunities program | ||||||
| 15 | under Article 13B of this Code before being admitted into the | ||||||
| 16 | school district if there is no threat to the safety of students | ||||||
| 17 | or staff in the alternative program. A school district that | ||||||
| 18 | adopts a policy under this subsection (g) must include a | ||||||
| 19 | provision allowing for consideration of any mitigating | ||||||
| 20 | factors, including, but not limited to, a student's status as | ||||||
| 21 | a parent, expectant parent, or victim of domestic or sexual | ||||||
| 22 | violence, as defined in Article 26A. | ||||||
| 23 | (h) School officials shall not advise or encourage | ||||||
| 24 | students to drop out voluntarily due to behavioral or academic | ||||||
| 25 | difficulties. | ||||||
| 26 | (i) A student is prohibited from being may not be issued a | ||||||
| |||||||
| |||||||
| 1 | monetary fine or fee by any person as a disciplinary | ||||||
| 2 | consequence, though this does shall not preclude requiring a | ||||||
| 3 | student to provide restitution for lost, stolen, or damaged | ||||||
| 4 | property. | ||||||
| 5 | (i-5) As used in this subsection (i-5), "school personnel" | ||||||
| 6 | has the meaning given to that term in Section 27-23.7. | ||||||
| 7 | School personnel of a school district are prohibited from | ||||||
| 8 | referring a student to any other local public entity, as | ||||||
| 9 | defined in Section 1-206 of the Local Governmental and | ||||||
| 10 | Governmental Employees Tort Immunity Act, or a local law | ||||||
| 11 | enforcement agency for that entity or agency to issue the | ||||||
| 12 | student a monetary fine or fee as a disciplinary consequence. | ||||||
| 13 | This prohibition does not prohibit school personnel from | ||||||
| 14 | referring a matter to that appropriate entity or agency for a | ||||||
| 15 | violation of local, State, or federal law if necessary to | ||||||
| 16 | prevent an imminent threat of serious physical harm to the | ||||||
| 17 | student, other students, school personnel, or other persons, | ||||||
| 18 | for the purpose of self-defense or defense of property, or if | ||||||
| 19 | otherwise required to refer such a matter to the entity or | ||||||
| 20 | agency by local, State, or federal law. | ||||||
| 21 | (j) Subsections (a) through (i-5) (i) of this Section | ||||||
| 22 | shall apply to elementary and secondary schools, charter | ||||||
| 23 | schools, special charter districts, and school districts | ||||||
| 24 | organized under Article 34 of this Code. | ||||||
| 25 | (k) Through June 30, 2026, the expulsion of students | ||||||
| 26 | enrolled in programs funded under Section 1C-2 of this Code is | ||||||
| |||||||
| |||||||
| 1 | subject to the requirements under paragraph (7) of subsection | ||||||
| 2 | (a) of Section 2-3.71 of this Code. | ||||||
| 3 | (k-5) On and after July 1, 2026, the expulsion of children | ||||||
| 4 | enrolled in programs funded under Section 15-25 of the | ||||||
| 5 | Department of Early Childhood Act is subject to the | ||||||
| 6 | requirements of paragraph (7) of subsection (a) of Section | ||||||
| 7 | 15-30 of the Department of Early Childhood Act. | ||||||
| 8 | (l) An in-school suspension program provided by a school | ||||||
| 9 | district for any students in kindergarten through grade 12 may | ||||||
| 10 | focus on promoting non-violent conflict resolution and | ||||||
| 11 | positive interaction with other students and school personnel. | ||||||
| 12 | A school district may employ a school social worker or a | ||||||
| 13 | licensed mental health professional to oversee an in-school | ||||||
| 14 | suspension program in kindergarten through grade 12. | ||||||
| 15 | (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; | ||||||
| 16 | 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. | ||||||
| 17 | 8-9-24; revised 9-25-24.)
| ||||||
| 18 | (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) | ||||||
| 19 | Sec. 26-12. Punitive action. | ||||||
| 20 | (a) No punitive action, including out-of-school | ||||||
| 21 | suspensions, expulsions, or court action, shall be taken | ||||||
| 22 | against truant minors for such truancy unless appropriate and | ||||||
| 23 | available supportive services and other school resources have | ||||||
| 24 | been provided to the student. Notwithstanding the provisions | ||||||
| 25 | of Section 10-22.6 of this Code, a truant minor may not be | ||||||
| |||||||
| |||||||
| 1 | expelled for nonattendance unless he or she has accrued 15 | ||||||
| 2 | consecutive days of absences without valid cause and the | ||||||
| 3 | student cannot be located by the school district or the school | ||||||
| 4 | district has located the student but cannot, after exhausting | ||||||
| 5 | all available supportive services, compel the student to | ||||||
| 6 | return to school. | ||||||
| 7 | (b) A school district is prohibited from referring may not | ||||||
| 8 | refer a truant, chronic truant, or truant minor to any other | ||||||
| 9 | local public entity, as defined under Section 1-206 of the | ||||||
| 10 | Local Governmental and Governmental Employees Tort Immunity | ||||||
| 11 | Act, for that local public entity to issue the child or the | ||||||
| 12 | child's parent or guardian a fine or a fee as punishment for | ||||||
| 13 | the child's his or her truancy. | ||||||
| 14 | (c) A school district may refer any person having custody | ||||||
| 15 | or control of a truant, chronic truant, or truant minor to any | ||||||
| 16 | other local public entity, as defined under Section 1-206 of | ||||||
| 17 | the Local Governmental and Governmental Employees Tort | ||||||
| 18 | Immunity Act, for that local public entity to issue the person | ||||||
| 19 | a fine or fee for the child's truancy only if the school | ||||||
| 20 | district's truant officer, regional office of education, or | ||||||
| 21 | intermediate service center has been notified of the truant | ||||||
| 22 | behavior and the school district, regional office of | ||||||
| 23 | education, or intermediate service center has offered all | ||||||
| 24 | appropriate and available supportive services and other school | ||||||
| 25 | resources to the child. Before a school district may refer a | ||||||
| 26 | person having custody or control of a child to a municipality, | ||||||
| |||||||
| |||||||
| 1 | as defined under Section 1-1-2 of the Illinois Municipal Code, | ||||||
| 2 | the school district must provide the following appropriate and | ||||||
| 3 | available services: | ||||||
| 4 | (1) For any child who is a homeless child, as defined | ||||||
| 5 | under Section 1-5 of the Education for Homeless Children | ||||||
| 6 | Act, a meeting between the child, the person having | ||||||
| 7 | custody or control of the child, relevant school | ||||||
| 8 | personnel, and a homeless liaison to discuss any barriers | ||||||
| 9 | to the child's attendance due to the child's transitional | ||||||
| 10 | living situation and to construct a plan that removes | ||||||
| 11 | these barriers. | ||||||
| 12 | (2) For any child with a documented disability, a | ||||||
| 13 | meeting between the child, the person having custody or | ||||||
| 14 | control of the child, and relevant school personnel to | ||||||
| 15 | review the child's current needs and address the | ||||||
| 16 | appropriateness of the child's placement and services. For | ||||||
| 17 | any child subject to Article 14 of this Code, this meeting | ||||||
| 18 | shall be an individualized education program meeting and | ||||||
| 19 | shall include relevant members of the individualized | ||||||
| 20 | education program team. For any child with a disability | ||||||
| 21 | under Section 504 of the federal Rehabilitation Act of | ||||||
| 22 | 1973 (29 U.S.C. 794), this meeting shall be a Section 504 | ||||||
| 23 | plan review and include relevant members of the Section | ||||||
| 24 | 504 plan team. | ||||||
| 25 | (3) For any child currently being evaluated by a | ||||||
| 26 | school district for a disability or for whom the school | ||||||
| |||||||
| |||||||
| 1 | has a basis of knowledge that the child is a child with a | ||||||
| 2 | disability under 20 U.S.C. 1415(k)(5), the completion of | ||||||
| 3 | the evaluation and determination of the child's | ||||||
| 4 | eligibility for special education services. | ||||||
| 5 | (d) Before a school district may refer a person having | ||||||
| 6 | custody or control of a child to a local public entity under | ||||||
| 7 | this Section, the school district must document any | ||||||
| 8 | appropriate and available supportive services offered to the | ||||||
| 9 | child. In the event a meeting under this Section does not | ||||||
| 10 | occur, a school district must have documentation that it made | ||||||
| 11 | reasonable efforts to convene the meeting at a mutually | ||||||
| 12 | convenient time and date for the school district and the | ||||||
| 13 | person having custody or control of the child and, but for the | ||||||
| 14 | conduct of that person, the meeting would have occurred. | ||||||
| 15 | (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; | ||||||
| 16 | 101-81, eff. 7-12-19.)
| ||||||
| 17 | (105 ILCS 5/27-23.7) | ||||||
| 18 | Sec. 27-23.7. Bullying prevention. | ||||||
| 19 | (a) The General Assembly finds that a safe and civil | ||||||
| 20 | school environment is necessary for students to learn and | ||||||
| 21 | achieve and that bullying causes physical, psychological, and | ||||||
| 22 | emotional harm to students and interferes with students' | ||||||
| 23 | ability to learn and participate in school activities. The | ||||||
| 24 | General Assembly further finds that bullying has been linked | ||||||
| 25 | to other forms of antisocial behavior, such as vandalism, | ||||||
| |||||||
| |||||||
| 1 | shoplifting, skipping and dropping out of school, fighting, | ||||||
| 2 | using drugs and alcohol, sexual harassment, and sexual | ||||||
| 3 | violence. Because of the negative outcomes associated with | ||||||
| 4 | bullying in schools, the General Assembly finds that school | ||||||
| 5 | districts, charter schools, and non-public, non-sectarian | ||||||
| 6 | elementary and secondary schools should educate students, | ||||||
| 7 | parents, and school district, charter school, or non-public, | ||||||
| 8 | non-sectarian elementary or secondary school personnel about | ||||||
| 9 | what behaviors constitute prohibited bullying. | ||||||
| 10 | Bullying on the basis of actual or perceived race, color, | ||||||
| 11 | religion, sex, national origin, ancestry, physical appearance, | ||||||
| 12 | socioeconomic status, academic status, pregnancy, parenting | ||||||
| 13 | status, homelessness, age, marital status, physical or mental | ||||||
| 14 | disability, military status, sexual orientation, | ||||||
| 15 | gender-related identity or expression, unfavorable discharge | ||||||
| 16 | from military service, association with a person or group with | ||||||
| 17 | one or more of the aforementioned actual or perceived | ||||||
| 18 | characteristics, or any other distinguishing characteristic is | ||||||
| 19 | prohibited in all school districts, charter schools, and | ||||||
| 20 | non-public, non-sectarian elementary and secondary schools. No | ||||||
| 21 | student shall be subjected to bullying: | ||||||
| 22 | (1) during any school-sponsored education program or | ||||||
| 23 | activity; | ||||||
| 24 | (2) while in school, on school property, on school | ||||||
| 25 | buses or other school vehicles, at designated school bus | ||||||
| 26 | stops waiting for the school bus, or at school-sponsored | ||||||
| |||||||
| |||||||
| 1 | or school-sanctioned events or activities; | ||||||
| 2 | (3) through the transmission of information from a | ||||||
| 3 | school computer, a school computer network, or other | ||||||
| 4 | similar electronic school equipment; or | ||||||
| 5 | (4) through the transmission of information from a | ||||||
| 6 | computer that is accessed at a nonschool-related location, | ||||||
| 7 | activity, function, or program or from the use of | ||||||
| 8 | technology or an electronic device that is not owned, | ||||||
| 9 | leased, or used by a school district or school if the | ||||||
| 10 | bullying causes a substantial disruption to the | ||||||
| 11 | educational process or orderly operation of a school. This | ||||||
| 12 | item (4) applies only in cases in which a school | ||||||
| 13 | administrator or teacher receives a report that bullying | ||||||
| 14 | through this means has occurred and does not require a | ||||||
| 15 | district or school to staff or monitor any | ||||||
| 16 | nonschool-related activity, function, or program. | ||||||
| 17 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
| 18 | any right to exercise free expression or the free exercise of | ||||||
| 19 | religion or religiously based views protected under the First | ||||||
| 20 | Amendment to the United States Constitution or under Section 3 | ||||||
| 21 | of Article I of the Illinois Constitution. | ||||||
| 22 | (b) In this Section: | ||||||
| 23 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
| 24 | or pervasive physical or verbal act or conduct, including | ||||||
| 25 | communications made in writing or electronically, directed | ||||||
| 26 | toward a student or students that has or can be reasonably | ||||||
| |||||||
| |||||||
| 1 | predicted to have the effect of one or more of the following: | ||||||
| 2 | (1) placing the student or students in reasonable fear | ||||||
| 3 | of harm to the student's or students' person or property; | ||||||
| 4 | (2) causing a substantially detrimental effect on the | ||||||
| 5 | student's or students' physical or mental health; | ||||||
| 6 | (3) substantially interfering with the student's or | ||||||
| 7 | students' academic performance; or | ||||||
| 8 | (4) substantially interfering with the student's or | ||||||
| 9 | students' ability to participate in or benefit from the | ||||||
| 10 | services, activities, or privileges provided by a school. | ||||||
| 11 | Bullying, as defined in this subsection (b), may take | ||||||
| 12 | various forms, including without limitation one or more of the | ||||||
| 13 | following: harassment, threats, intimidation, stalking, | ||||||
| 14 | physical violence, sexual harassment, sexual violence, theft, | ||||||
| 15 | public humiliation, destruction of property, or retaliation | ||||||
| 16 | for asserting or alleging an act of bullying. This list is | ||||||
| 17 | meant to be illustrative and non-exhaustive. | ||||||
| 18 | "Cyber-bullying" means bullying through the use of | ||||||
| 19 | technology or any electronic communication, including without | ||||||
| 20 | limitation any transfer of signs, signals, writing, images, | ||||||
| 21 | sounds, data, or intelligence of any nature transmitted in | ||||||
| 22 | whole or in part by a wire, radio, electromagnetic system, | ||||||
| 23 | photoelectronic system, or photooptical system, including | ||||||
| 24 | without limitation electronic mail, Internet communications, | ||||||
| 25 | instant messages, or facsimile communications. | ||||||
| 26 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
| |||||||
| |||||||
| 1 | in which the creator assumes the identity of another person or | ||||||
| 2 | the knowing impersonation of another person as the author of | ||||||
| 3 | posted content or messages if the creation or impersonation | ||||||
| 4 | creates any of the effects enumerated in the definition of | ||||||
| 5 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
| 6 | distribution by electronic means of a communication to more | ||||||
| 7 | than one person or the posting of material on an electronic | ||||||
| 8 | medium that may be accessed by one or more persons if the | ||||||
| 9 | distribution or posting creates any of the effects enumerated | ||||||
| 10 | in the definition of bullying in this Section. | ||||||
| 11 | "Policy on bullying" means a bullying prevention policy | ||||||
| 12 | that meets the following criteria: | ||||||
| 13 | (1) Includes the bullying definition provided in this | ||||||
| 14 | Section. | ||||||
| 15 | (2) Includes a statement that bullying is contrary to | ||||||
| 16 | State law and the policy of the school district, charter | ||||||
| 17 | school, or non-public, non-sectarian elementary or | ||||||
| 18 | secondary school and is consistent with subsection (a-5) | ||||||
| 19 | of this Section. | ||||||
| 20 | (3) Includes procedures for promptly reporting | ||||||
| 21 | bullying, including, but not limited to, identifying and | ||||||
| 22 | providing the school e-mail address (if applicable) and | ||||||
| 23 | school telephone number for the staff person or persons | ||||||
| 24 | responsible for receiving such reports and a procedure for | ||||||
| 25 | anonymous reporting; however, this shall not be construed | ||||||
| 26 | to permit formal disciplinary action solely on the basis | ||||||
| |||||||
| |||||||
| 1 | of an anonymous report. | ||||||
| 2 | (4) Consistent with federal and State laws and rules | ||||||
| 3 | governing student privacy rights, includes procedures for | ||||||
| 4 | informing parents or guardians of all students involved in | ||||||
| 5 | the alleged incident of bullying within 24 hours after the | ||||||
| 6 | school's administration is made aware of the students' | ||||||
| 7 | involvement in the incident and discussing, as | ||||||
| 8 | appropriate, the availability of social work services, | ||||||
| 9 | counseling, school psychological services, other | ||||||
| 10 | interventions, and restorative measures. The school shall | ||||||
| 11 | make diligent efforts to notify a parent or legal | ||||||
| 12 | guardian, utilizing all contact information the school has | ||||||
| 13 | available or that can be reasonably obtained by the school | ||||||
| 14 | within the 24-hour period. | ||||||
| 15 | (5) Contains procedures for promptly investigating and | ||||||
| 16 | addressing reports of bullying, including the following: | ||||||
| 17 | (A) Making all reasonable efforts to complete the | ||||||
| 18 | investigation within 10 school days after the date the | ||||||
| 19 | report of the incident of bullying was received and | ||||||
| 20 | taking into consideration additional relevant | ||||||
| 21 | information received during the course of the | ||||||
| 22 | investigation about the reported incident of bullying. | ||||||
| 23 | (B) Involving appropriate school support personnel | ||||||
| 24 | and other staff persons with knowledge, experience, | ||||||
| 25 | and training on bullying prevention, as deemed | ||||||
| 26 | appropriate, in the investigation process. | ||||||
| |||||||
| |||||||
| 1 | (C) Notifying the principal or school | ||||||
| 2 | administrator or his or her designee of the report of | ||||||
| 3 | the incident of bullying as soon as possible after the | ||||||
| 4 | report is received. | ||||||
| 5 | (D) Consistent with federal and State laws and | ||||||
| 6 | rules governing student privacy rights, providing | ||||||
| 7 | parents and guardians of the students who are parties | ||||||
| 8 | to the investigation information about the | ||||||
| 9 | investigation and an opportunity to meet with the | ||||||
| 10 | principal or school administrator or his or her | ||||||
| 11 | designee to discuss the investigation, the findings of | ||||||
| 12 | the investigation, and the actions taken to address | ||||||
| 13 | the reported incident of bullying. | ||||||
| 14 | (6) Includes the interventions that can be taken to | ||||||
| 15 | address bullying, which may include, but are not limited | ||||||
| 16 | to, school social work services, restorative measures, | ||||||
| 17 | social-emotional skill building, counseling, school | ||||||
| 18 | psychological services, and community-based services. | ||||||
| 19 | (7) Includes a statement prohibiting reprisal or | ||||||
| 20 | retaliation against any person who reports an act of | ||||||
| 21 | bullying and the consequences and appropriate remedial | ||||||
| 22 | actions for a person who engages in reprisal or | ||||||
| 23 | retaliation. | ||||||
| 24 | (8) Includes consequences and appropriate remedial | ||||||
| 25 | actions for a person found to have falsely accused another | ||||||
| 26 | of bullying as a means of retaliation or as a means of | ||||||
| |||||||
| |||||||
| 1 | bullying. | ||||||
| 2 | (9) Is based on the engagement of a range of school | ||||||
| 3 | stakeholders, including students and parents or guardians. | ||||||
| 4 | (10) Is posted on the school district's, charter | ||||||
| 5 | school's, or non-public, non-sectarian elementary or | ||||||
| 6 | secondary school's existing, publicly accessible Internet | ||||||
| 7 | website, is included in the student handbook, and, where | ||||||
| 8 | applicable, posted where other policies, rules, and | ||||||
| 9 | standards of conduct are currently posted in the school | ||||||
| 10 | and provided periodically throughout the school year to | ||||||
| 11 | students and faculty, and is distributed annually to | ||||||
| 12 | parents, guardians, students, and school personnel, | ||||||
| 13 | including new employees when hired. | ||||||
| 14 | (11) As part of the process of reviewing and | ||||||
| 15 | re-evaluating the policy under subsection (d) of this | ||||||
| 16 | Section, contains a policy evaluation process to assess | ||||||
| 17 | the outcomes and effectiveness of the policy that | ||||||
| 18 | includes, but is not limited to, factors such as the | ||||||
| 19 | frequency of victimization; student, staff, and family | ||||||
| 20 | observations of safety at a school; identification of | ||||||
| 21 | areas of a school where bullying occurs; the types of | ||||||
| 22 | bullying utilized; and bystander intervention or | ||||||
| 23 | participation. The school district, charter school, or | ||||||
| 24 | non-public, non-sectarian elementary or secondary school | ||||||
| 25 | may use relevant data and information it already collects | ||||||
| 26 | for other purposes in the policy evaluation. The | ||||||
| |||||||
| |||||||
| 1 | information developed as a result of the policy evaluation | ||||||
| 2 | must be made available on the Internet website of the | ||||||
| 3 | school district, charter school, or non-public, | ||||||
| 4 | non-sectarian elementary or secondary school. If an | ||||||
| 5 | Internet website is not available, the information must be | ||||||
| 6 | provided to school administrators, school board members, | ||||||
| 7 | school personnel, parents, guardians, and students. | ||||||
| 8 | (12) Is consistent with the policies of the school | ||||||
| 9 | board, charter school, or non-public, non-sectarian | ||||||
| 10 | elementary or secondary school. | ||||||
| 11 | (13) Requires all individual instances of bullying, as | ||||||
| 12 | well as all threats, suggestions, or instances of | ||||||
| 13 | self-harm determined to be the result of bullying, to be | ||||||
| 14 | reported to the parents or legal guardians of those | ||||||
| 15 | involved under the guidelines provided in paragraph (4) of | ||||||
| 16 | this definition. | ||||||
| 17 | "Restorative measures" means a continuum of school-based | ||||||
| 18 | alternatives to exclusionary discipline, such as suspensions | ||||||
| 19 | and expulsions, that: (i) are adapted to the particular needs | ||||||
| 20 | of the school and community, (ii) contribute to maintaining | ||||||
| 21 | school safety, (iii) protect the integrity of a positive and | ||||||
| 22 | productive learning climate, (iv) teach students the personal | ||||||
| 23 | and interpersonal skills they will need to be successful in | ||||||
| 24 | school and society, (v) serve to build and restore | ||||||
| 25 | relationships among students, families, schools, and | ||||||
| 26 | communities, (vi) reduce the likelihood of future disruption | ||||||
| |||||||
| |||||||
| 1 | by balancing accountability with an understanding of students' | ||||||
| 2 | behavioral health needs in order to keep students in school, | ||||||
| 3 | and (vii) increase student accountability if the incident of | ||||||
| 4 | bullying is based on religion, race, ethnicity, or any other | ||||||
| 5 | category that is identified in the Illinois Human Rights Act. | ||||||
| 6 | "School personnel" means persons employed by, on contract | ||||||
| 7 | with, or who volunteer in a school district, charter school, | ||||||
| 8 | or non-public, non-sectarian elementary or secondary school, | ||||||
| 9 | including without limitation school and school district | ||||||
| 10 | administrators, teachers, school social workers, school | ||||||
| 11 | counselors, school psychologists, school nurses, cafeteria | ||||||
| 12 | workers, custodians, bus drivers, school resource officers as | ||||||
| 13 | defined in Section 10-20.68, and security guards. | ||||||
| 14 | (c) (Blank). | ||||||
| 15 | (d) Each school district, charter school, and non-public, | ||||||
| 16 | non-sectarian elementary or secondary school shall create, | ||||||
| 17 | maintain, and implement a policy on bullying, which policy | ||||||
| 18 | must be filed with the State Board of Education. The policy on | ||||||
| 19 | bullying shall be based on the State Board of Education's | ||||||
| 20 | template for a model bullying prevention policy under | ||||||
| 21 | subsection (h) and shall include the criteria set forth in the | ||||||
| 22 | definition of "policy on bullying". The policy or implementing | ||||||
| 23 | procedure shall include a process to investigate whether a | ||||||
| 24 | reported act of bullying is within the permissible scope of | ||||||
| 25 | the district's or school's jurisdiction and shall require that | ||||||
| 26 | the district or school provide the victim with information | ||||||
| |||||||
| |||||||
| 1 | regarding services that are available within the district and | ||||||
| 2 | community, such as counseling, support services, and other | ||||||
| 3 | programs. School personnel available for help with a bully or | ||||||
| 4 | to make a report about bullying shall be made known to parents | ||||||
| 5 | or legal guardians, students, and school personnel. Every 2 | ||||||
| 6 | years, each school district, charter school, and non-public, | ||||||
| 7 | non-sectarian elementary or secondary school shall conduct a | ||||||
| 8 | review and re-evaluation of its policy and make any necessary | ||||||
| 9 | and appropriate revisions. No later than September 30 of the | ||||||
| 10 | subject year, the policy must be filed with the State Board of | ||||||
| 11 | Education after being updated. The State Board of Education | ||||||
| 12 | shall monitor and provide technical support for the | ||||||
| 13 | implementation of policies created under this subsection (d). | ||||||
| 14 | In monitoring the implementation of the policies, the State | ||||||
| 15 | Board of Education shall review each filed policy on bullying | ||||||
| 16 | to ensure all policies meet the requirements set forth in this | ||||||
| 17 | Section, including ensuring that each policy meets the 12 | ||||||
| 18 | criterion identified within the definition of "policy on | ||||||
| 19 | bullying" set forth in this Section. | ||||||
| 20 | If a school district, charter school, or non-public, | ||||||
| 21 | non-sectarian elementary or secondary school fails to file a | ||||||
| 22 | policy on bullying by September 30 of the subject year, the | ||||||
| 23 | State Board of Education shall provide a written request for | ||||||
| 24 | filing to the school district, charter school, or non-public, | ||||||
| 25 | non-sectarian elementary or secondary school. If a school | ||||||
| 26 | district, charter school, or non-public, non-sectarian | ||||||
| |||||||
| |||||||
| 1 | elementary or secondary school fails to file a policy on | ||||||
| 2 | bullying within 14 days of receipt of the aforementioned | ||||||
| 3 | written request, the State Board of Education shall publish | ||||||
| 4 | notice of the non-compliance on the State Board of Education's | ||||||
| 5 | website. | ||||||
| 6 | Each school district, charter school, and non-public, | ||||||
| 7 | non-sectarian elementary or secondary school may provide | ||||||
| 8 | evidence-based professional development and youth programming | ||||||
| 9 | on bullying prevention that is consistent with the provisions | ||||||
| 10 | of this Section. | ||||||
| 11 | (e) This Section shall not be interpreted to prevent a | ||||||
| 12 | victim from seeking redress under any other available civil or | ||||||
| 13 | criminal law. | ||||||
| 14 | (f) School districts, charter schools, and non-public, | ||||||
| 15 | non-sectarian elementary and secondary schools shall collect, | ||||||
| 16 | maintain, and submit to the State Board of Education | ||||||
| 17 | non-identifiable data regarding verified allegations of | ||||||
| 18 | bullying within the school district, charter school, or | ||||||
| 19 | non-public, non-sectarian elementary or secondary school. | ||||||
| 20 | School districts, charter schools, and non-public, | ||||||
| 21 | non-sectarian elementary and secondary schools must submit | ||||||
| 22 | such data in an annual report due to the State Board of | ||||||
| 23 | Education no later than August 15 of each year starting with | ||||||
| 24 | the 2024-2025 school year through the 2030-2031 school year. | ||||||
| 25 | The State Board of Education shall adopt rules for the | ||||||
| 26 | submission of data that includes, but is not limited to: (i) a | ||||||
| |||||||
| |||||||
| 1 | record of each verified allegation of bullying and action | ||||||
| 2 | taken; and (ii) whether the instance of bullying was based on | ||||||
| 3 | actual or perceived characteristics identified in subsection | ||||||
| 4 | (a) and, if so, lists the relevant characteristics. The rules | ||||||
| 5 | for the submission of data shall be consistent with federal | ||||||
| 6 | and State laws and rules governing student privacy rights, | ||||||
| 7 | including, but not limited to, the federal Family Educational | ||||||
| 8 | Rights and Privacy Act of 1974 and the Illinois School Student | ||||||
| 9 | Records Act, which shall include, without limitation, a record | ||||||
| 10 | of each complaint and action taken. The State Board of | ||||||
| 11 | Education shall adopt rules regarding the notification of | ||||||
| 12 | school districts, charter schools, and non-public, | ||||||
| 13 | non-sectarian elementary and secondary schools that fail to | ||||||
| 14 | comply with the requirements of this subsection. | ||||||
| 15 | (g) Upon the request of a parent or legal guardian of a | ||||||
| 16 | child enrolled in a school district, charter school, or | ||||||
| 17 | non-public, non-sectarian elementary or secondary school | ||||||
| 18 | within this State, the State Board of Education must provide | ||||||
| 19 | non-identifiable data on the number of bullying allegations | ||||||
| 20 | and incidents in a given year in the school district, charter | ||||||
| 21 | school, or non-public, non-sectarian elementary or secondary | ||||||
| 22 | school to the requesting parent or legal guardian. The State | ||||||
| 23 | Board of Education shall adopt rules regarding (i) the | ||||||
| 24 | handling of such data, (ii) maintaining the privacy of the | ||||||
| 25 | students and families involved, and (iii) best practices for | ||||||
| 26 | sharing numerical data with parents and legal guardians. | ||||||
| |||||||
| |||||||
| 1 | (h) By January 1, 2024, the State Board of Education shall | ||||||
| 2 | post on its Internet website a template for a model bullying | ||||||
| 3 | prevention policy. | ||||||
| 4 | (i) The Illinois Bullying and Cyberbullying Prevention | ||||||
| 5 | Fund is created as a special fund in the State treasury. Any | ||||||
| 6 | moneys appropriated to the Fund may be used, subject to | ||||||
| 7 | appropriation, by the State Board of Education for the | ||||||
| 8 | purposes of subsection (j). | ||||||
| 9 | (j) Subject to appropriation, the State Superintendent of | ||||||
| 10 | Education may provide a grant to a school district, charter | ||||||
| 11 | school, or non-public, non-sectarian elementary or secondary | ||||||
| 12 | school to support its anti-bullying programming. Grants may be | ||||||
| 13 | awarded from the Illinois Bullying and Cyberbullying | ||||||
| 14 | Prevention Fund. School districts, charter schools, and | ||||||
| 15 | non-public, non-sectarian elementary or secondary schools that | ||||||
| 16 | are not in compliance with subsection (f) are not eligible to | ||||||
| 17 | receive a grant from the Illinois Bullying and Cyberbullying | ||||||
| 18 | Prevention Fund. | ||||||
| 19 | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | ||||||
| 20 | 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff. | ||||||
| 21 | 6-9-23.)
| ||||||
| 22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 23 | changes in a statute that is represented in this Act by text | ||||||
| 24 | that is not yet or no longer in effect (for example, a Section | ||||||
| 25 | represented by multiple versions), the use of that text does | ||||||
| |||||||
| |||||||
| 1 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 2 | made by this Act or (ii) provisions derived from any other | ||||||
| 3 | Public Act. | ||||||
