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| Public Act 096-0633 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
10-22.6 as follows:
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||
searches.
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(a) To expel pupils guilty of gross disobedience or | ||||
misconduct, and
no action shall lie against them for such | ||||
expulsion. Expulsion shall
take place only after the parents | ||||
have been requested to appear at a
meeting of the board, or | ||||
with a hearing officer appointed by it, to
discuss their | ||||
child's behavior. Such request shall be made by registered
or | ||||
certified mail and shall state the time, place and purpose of | ||||
the
meeting. The board, or a hearing officer appointed by it, | ||||
at such
meeting shall state the reasons for dismissal and the | ||||
date on which the
expulsion is to become effective. If a | ||||
hearing officer is appointed by
the board he shall report to | ||||
the board a written summary of the evidence
heard at the | ||||
meeting and the board may take such action thereon as it
finds | ||||
appropriate.
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(b) To suspend or by regulation to authorize the | ||||
superintendent of
the district or the principal, assistant | ||
principal, or dean of students
of any school to suspend pupils | ||
guilty of gross disobedience or misconduct, or
to suspend | ||
pupils guilty of gross disobedience or misconduct on the school | ||
bus
from riding the school bus, and no action
shall lie against | ||
them for such suspension. The board may by regulation
authorize | ||
the superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend pupils | ||
guilty of such acts for a period not to exceed
10 school days. | ||
If a pupil is suspended due to gross disobedience or misconduct
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on a school bus, the board may suspend the pupil in excess of | ||
10
school
days for safety reasons. Any suspension shall be | ||
reported immediately to the
parents or guardian of such pupil | ||
along with a full statement of the
reasons for such suspension | ||
and a notice of their right to a review, a
copy of which shall | ||
be given to the school board. Upon request of the
parents or | ||
guardian the school board or a hearing officer appointed by
it | ||
shall review such action of the superintendent or principal, | ||
assistant
principal, or dean of students. At such
review the | ||
parents or guardian of the pupil may appear and discuss the
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suspension with the board or its hearing officer. If a hearing | ||
officer
is appointed by the board he shall report to the board | ||
a written summary
of the evidence heard at the meeting. After | ||
its hearing or upon receipt
of the written report of its | ||
hearing officer, the board may take such
action as it finds | ||
appropriate.
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(c) The Department of Human Services
shall be invited to | ||
send a representative to consult with the board at
such meeting | ||
whenever there is evidence that mental illness may be the
cause | ||
for expulsion or suspension.
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(d) The board may expel a student for a definite period of | ||
time not to
exceed 2 calendar years, as determined on a case by | ||
case basis.
A student who
is determined to have brought one of | ||
the following objects to school, any school-sponsored activity
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or event, or any activity or event that bears a reasonable | ||
relationship to school shall be expelled for a period of not | ||
less than
one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 1961. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. a | ||
weapon to school, any school-sponsored activity
or event, | ||
or
any activity or event which bears a reasonable | ||
relationship to school shall
be expelled for a period of | ||
not less than
one year, except that the expulsion period | ||
may be modified by the
superintendent, and the | ||
superintendent's determination may be modified by
the | ||
board
on a case by case basis. For the purpose of this | ||
Section, the term "weapon"
means (1)
possession,
use, | ||
control, or transfer of any gun, rifle, shotgun, weapon as
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defined by Section 921 of Title 18, United States Code, | ||
firearm as
defined in Section 1.1 of the Firearm Owners | ||
Identification Act, or use of
a weapon as defined in | ||
Section 24-1 of the Criminal Code, (2) any other
object if | ||
used or attempted to be used to cause bodily harm, | ||
including but not
limited to, knives, brass knuckles,
or
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billy clubs, or (3) "look alikes" of any weapon as defined | ||
in this
Section. | ||
Expulsion
or suspension
shall be construed in a
manner | ||
consistent with the Federal Individuals with Disabilities | ||
Education
Act. A student who is subject to suspension or | ||
expulsion as provided in this
Section may be eligible for a | ||
transfer to an alternative school program in
accordance with | ||
Article 13A of the School Code. The provisions of this
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subsection (d) apply in all school districts,
including special | ||
charter districts and districts organized under Article 34.
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(e) To maintain order and security in the schools, school | ||
authorities may
inspect and search places and areas such as | ||
lockers, desks, parking lots, and
other school property and | ||
equipment owned or controlled by the school, as well
as | ||
personal effects left in those places and areas by students, | ||
without notice
to or the consent of the student, and without a | ||
search warrant. As a matter of
public policy, the General | ||
Assembly finds that students have no reasonable
expectation of | ||
privacy in these places and areas or in their personal effects
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left in these places and areas. School authorities may request | ||
the assistance
of law enforcement officials for the purpose of | ||
conducting inspections and
searches of lockers, desks, parking | ||
lots, and other school property and
equipment owned or | ||
controlled by the school for illegal drugs, weapons, or
other
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illegal or dangerous substances or materials, including | ||
searches conducted
through the use of specially trained dogs. | ||
If a search conducted in accordance
with this Section produces | ||
evidence that the student has violated or is
violating either | ||
the law, local ordinance, or the school's policies or rules,
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such evidence may be seized by school authorities, and | ||
disciplinary action may
be taken. School authorities may also | ||
turn over such evidence to law
enforcement authorities. The | ||
provisions of this subsection (e) apply in all
school | ||
districts, including special charter districts and districts | ||
organized
under Article 34.
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(f) Suspension or expulsion may include suspension or | ||
expulsion from
school and all school activities and a | ||
prohibition from being present on school
grounds.
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(g) A school district may adopt a policy providing that if | ||
a student
is suspended or expelled for any reason from any | ||
public or private school
in this or any other state, the | ||
student must complete the entire term of
the suspension or | ||
expulsion before being admitted into the school
district. This | ||
policy may allow placement of the student in an alternative
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school program established under Article 13A of this Code, if | ||
available, for
the
remainder of the suspension or expulsion. | ||
This subsection (g) applies to
all school districts, including | ||
special charter districts and districts
organized under | ||
Article 34 of this Code.
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(Source: P.A. 92-64, eff. 7-12-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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