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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0098 Introduced 1/17/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 |
| Amends the School Code. In provisions concerning a school board's suspension or expulsion of pupils, provides that a student who is determined to have committed sexual violence, sexual assault, or sexual activity with an individual without the individual's consent at a school, a school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year. Effective immediately. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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1 | | AN ACT concerning education. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The School Code is amended by changing Section |
5 | | 10-22.6 as follows: |
6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) |
7 | | (Text of Section before amendment by P.A. 102-466 ) |
8 | | Sec. 10-22.6. Suspension or expulsion of students; school |
9 | | searches. |
10 | | (a) To expel students guilty of gross disobedience or |
11 | | misconduct, including gross disobedience or misconduct |
12 | | perpetuated by electronic means, pursuant to subsection (b-20) |
13 | | of this Section, and no action shall lie against them for such |
14 | | expulsion. Expulsion shall take place only after the parents |
15 | | have been requested to appear at a meeting of the board, or |
16 | | with a hearing officer appointed by it, to discuss their |
17 | | child's behavior. Such request shall be made by registered or |
18 | | certified mail and shall state the time, place and purpose of |
19 | | the meeting. The board, or a hearing officer appointed by it, |
20 | | at such meeting shall state the reasons for dismissal and the |
21 | | date on which the expulsion is to become effective. If a |
22 | | hearing officer is appointed by the board, the hearing officer |
23 | | shall report to the board a written summary of the evidence |
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1 | | heard at the meeting and the board may take such action thereon |
2 | | as it finds appropriate. If the board acts to expel a student, |
3 | | the written expulsion decision shall detail the specific |
4 | | reasons why removing the student from the learning environment |
5 | | is in the best interest of the school. The expulsion decision |
6 | | shall also include a rationale as to the specific duration of |
7 | | the expulsion. An expelled student may be immediately |
8 | | transferred to an alternative program in the manner provided |
9 | | in Article 13A or 13B of this Code. A student must not be |
10 | | denied transfer because of the expulsion, except in cases in |
11 | | which such transfer is deemed to cause a threat to the safety |
12 | | of students or staff in the alternative program. |
13 | | (b) To suspend or by policy to authorize the |
14 | | superintendent of the district or the principal, assistant |
15 | | principal, or dean of students of any school to suspend |
16 | | students guilty of gross disobedience or misconduct, or to |
17 | | suspend students guilty of gross disobedience or misconduct on |
18 | | the school bus from riding the school bus, pursuant to |
19 | | subsections (b-15) and (b-20) of this Section, and no action |
20 | | shall lie against them for such suspension. The board may by |
21 | | policy authorize the superintendent of the district or the |
22 | | principal, assistant principal, or dean of students of any |
23 | | school to suspend students guilty of such acts for a period not |
24 | | to exceed 10 school days. If a student is suspended due to |
25 | | gross disobedience or misconduct on a school bus, the board |
26 | | may suspend the student in excess of 10 school days for safety |
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1 | | reasons. |
2 | | Any suspension shall be reported immediately to the |
3 | | parents or guardian of a student along with a full statement of |
4 | | the reasons for such suspension and a notice of their right to |
5 | | a review. The school board must be given a summary of the |
6 | | notice, including the reason for the suspension and the |
7 | | suspension length. Upon request of the parents or guardian, |
8 | | the school board or a hearing officer appointed by it shall |
9 | | review such action of the superintendent or principal, |
10 | | assistant principal, or dean of students. At such review, the |
11 | | parents or guardian of the student may appear and discuss the |
12 | | suspension with the board or its hearing officer. If a hearing |
13 | | officer is appointed by the board, he shall report to the board |
14 | | a written summary of the evidence heard at the meeting. After |
15 | | its hearing or upon receipt of the written report of its |
16 | | hearing officer, the board may take such action as it finds |
17 | | appropriate. If a student is suspended pursuant to this |
18 | | subsection (b), the board shall, in the written suspension |
19 | | decision, detail the specific act of gross disobedience or |
20 | | misconduct resulting in the decision to suspend. The |
21 | | suspension decision shall also include a rationale as to the |
22 | | specific duration of the suspension. |
23 | | (b-5) Among the many possible disciplinary interventions |
24 | | and consequences available to school officials, school |
25 | | exclusions, such as out-of-school suspensions and expulsions, |
26 | | are the most serious. School officials shall limit the number |
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1 | | and duration of expulsions and suspensions to the greatest |
2 | | extent practicable, and it is recommended that they use them |
3 | | only for legitimate educational purposes. To ensure that |
4 | | students are not excluded from school unnecessarily, it is |
5 | | recommended that school officials consider forms of |
6 | | non-exclusionary discipline prior to using out-of-school |
7 | | suspensions or expulsions. |
8 | | (b-10) Unless otherwise required by federal law or this |
9 | | Code, school boards may not institute zero-tolerance policies |
10 | | by which school administrators are required to suspend or |
11 | | expel students for particular behaviors. |
12 | | (b-15) Out-of-school suspensions of 3 days or less may be |
13 | | used only if the student's continuing presence in school would |
14 | | pose a threat to school safety or a disruption to other |
15 | | students' learning opportunities. For purposes of this |
16 | | subsection (b-15), "threat to school safety or a disruption to |
17 | | other students' learning opportunities" shall be determined on |
18 | | a case-by-case basis by the school board or its designee. |
19 | | School officials shall make all reasonable efforts to resolve |
20 | | such threats, address such disruptions, and minimize the |
21 | | length of suspensions to the greatest extent practicable. |
22 | | (b-20) Unless otherwise required by this Code, |
23 | | out-of-school suspensions of longer than 3 days, expulsions, |
24 | | and disciplinary removals to alternative schools may be used |
25 | | only if other appropriate and available behavioral and |
26 | | disciplinary interventions have been exhausted and the |
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1 | | student's continuing presence in school would either (i) pose |
2 | | a threat to the safety of other students, staff, or members of |
3 | | the school community or (ii) substantially disrupt, impede, or |
4 | | interfere with the operation of the school. For purposes of |
5 | | this subsection (b-20), "threat to the safety of other |
6 | | students, staff, or members of the school community" and |
7 | | "substantially disrupt, impede, or interfere with the |
8 | | operation of the school" shall be determined on a case-by-case |
9 | | basis by school officials. For purposes of this subsection |
10 | | (b-20), the determination of whether "appropriate and |
11 | | available behavioral and disciplinary interventions have been |
12 | | exhausted" shall be made by school officials. School officials |
13 | | shall make all reasonable efforts to resolve such threats, |
14 | | address such disruptions, and minimize the length of student |
15 | | exclusions to the greatest extent practicable. Within the |
16 | | suspension decision described in subsection (b) of this |
17 | | Section or the expulsion decision described in subsection (a) |
18 | | of this Section, it shall be documented whether other |
19 | | interventions were attempted or whether it was determined that |
20 | | there were no other appropriate and available interventions. |
21 | | (b-25) Students who are suspended out-of-school for longer |
22 | | than 3 school days shall be provided appropriate and available |
23 | | support services during the period of their suspension. For |
24 | | purposes of this subsection (b-25), "appropriate and available |
25 | | support services" shall be determined by school authorities. |
26 | | Within the suspension decision described in subsection (b) of |
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1 | | this Section, it shall be documented whether such services are |
2 | | to be provided or whether it was determined that there are no |
3 | | such appropriate and available services. |
4 | | A school district may refer students who are expelled to |
5 | | appropriate and available support services. |
6 | | A school district shall create a policy to facilitate the |
7 | | re-engagement of students who are suspended out-of-school, |
8 | | expelled, or returning from an alternative school setting. In |
9 | | consultation with stakeholders deemed appropriate by the State |
10 | | Board of Education, the State Board of Education shall draft |
11 | | and publish guidance for the re-engagement of students who are |
12 | | suspended out-of-school, expelled, or returning from an |
13 | | alternative school setting in accordance with this Section and |
14 | | Section 13A-4 on or before July 1, 2025. |
15 | | (b-30) A school district shall create a policy by which |
16 | | suspended students, including those students suspended from |
17 | | the school bus who do not have alternate transportation to |
18 | | school, shall have the opportunity to make up work for |
19 | | equivalent academic credit. It shall be the responsibility of |
20 | | a student's parent or guardian to notify school officials that |
21 | | a student suspended from the school bus does not have |
22 | | alternate transportation to school. |
23 | | (c) A school board must invite a representative from a |
24 | | local mental health agency to consult with the board at the |
25 | | meeting whenever there is evidence that mental illness may be |
26 | | the cause of a student's expulsion or suspension. |
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1 | | (c-5) School districts shall make reasonable efforts to |
2 | | provide ongoing professional development to all school |
3 | | personnel, school board members, and school resource officers , |
4 | | on the requirements of this Section and Section 10-20.14, the |
5 | | adverse consequences of school exclusion and justice-system |
6 | | involvement, effective classroom management strategies, |
7 | | culturally responsive discipline, trauma-responsive learning |
8 | | environments, as defined in subsection (b) of Section 3-11, |
9 | | the appropriate and available supportive services for the |
10 | | promotion of student attendance and engagement, and |
11 | | developmentally appropriate disciplinary methods that promote |
12 | | positive and healthy school climates. |
13 | | (d) The board may expel a student for a definite period of |
14 | | time not to exceed 2 calendar years, as determined on a |
15 | | case-by-case basis. |
16 | | A student who is determined to have brought one of the |
17 | | following objects to school, any school-sponsored activity or |
18 | | event, or any activity or event that bears a reasonable |
19 | | relationship to school shall be expelled for a period of not |
20 | | less than one year: |
21 | | (1) A firearm. For the purposes of this Section, |
22 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
23 | | by Section 921 of Title 18 of the United States Code, |
24 | | firearm as defined in Section 1.1 of the Firearm Owners |
25 | | Identification Card Act, or firearm as defined in Section |
26 | | 24-1 of the Criminal Code of 2012. The expulsion period |
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1 | | under this subdivision (1) may be modified by the |
2 | | superintendent, and the superintendent's determination may |
3 | | be modified by the board on a case-by-case basis. |
4 | | (2) A knife, brass knuckles or other knuckle weapon |
5 | | regardless of its composition, a billy club, or any other |
6 | | object if used or attempted to be used to cause bodily |
7 | | harm, including "look alikes" of any firearm as defined in |
8 | | subdivision (1) of this subsection (d). The expulsion |
9 | | requirement under this subdivision (2) may be modified by |
10 | | the superintendent, and the superintendent's determination |
11 | | may be modified by the board on a case-by-case basis. |
12 | | A student who is determined to have committed sexual |
13 | | violence, sexual assault, or sexual activity with an |
14 | | individual without the individual's consent at a school, a |
15 | | school-sponsored activity or event, or any activity or event |
16 | | that bears a reasonable relationship to school shall be |
17 | | expelled for a period of not less than one year. |
18 | | Expulsion or suspension shall be construed in a manner |
19 | | consistent with the federal Individuals with Disabilities |
20 | | Education Act. A student who is subject to suspension or |
21 | | expulsion as provided in this Section may be eligible for a |
22 | | transfer to an alternative school program in accordance with |
23 | | Article 13A of the School Code. |
24 | | (d-5) The board may suspend or by regulation authorize the |
25 | | superintendent of the district or the principal, assistant |
26 | | principal, or dean of students of any school to suspend a |
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1 | | student for a period not to exceed 10 school days or may expel |
2 | | a student for a definite period of time not to exceed 2 |
3 | | calendar years, as determined on a case-by-case basis, if (i) |
4 | | that student has been determined to have made an explicit |
5 | | threat on an Internet website against a school employee, a |
6 | | student, or any school-related personnel, (ii) the Internet |
7 | | website through which the threat was made is a site that was |
8 | | accessible within the school at the time the threat was made or |
9 | | was available to third parties who worked or studied within |
10 | | the school grounds at the time the threat was made, and (iii) |
11 | | the threat could be reasonably interpreted as threatening to |
12 | | the safety and security of the threatened individual because |
13 | | of the individual's duties or employment status or status as a |
14 | | student inside the school. |
15 | | (e) To maintain order and security in the schools, school |
16 | | authorities may inspect and search places and areas such as |
17 | | lockers, desks, parking lots, and other school property and |
18 | | equipment owned or controlled by the school, as well as |
19 | | personal effects left in those places and areas by students, |
20 | | without notice to or the consent of the student, and without a |
21 | | search warrant. As a matter of public policy, the General |
22 | | Assembly finds that students have no reasonable expectation of |
23 | | privacy in these places and areas or in their personal effects |
24 | | left in these places and areas. School authorities may request |
25 | | the assistance of law enforcement officials for the purpose of |
26 | | conducting inspections and searches of lockers, desks, parking |
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1 | | lots, and other school property and equipment owned or |
2 | | controlled by the school for illegal drugs, weapons, or other |
3 | | illegal or dangerous substances or materials, including |
4 | | searches conducted through the use of specially trained dogs. |
5 | | If a search conducted in accordance with this Section produces |
6 | | evidence that the student has violated or is violating either |
7 | | the law, local ordinance, or the school's policies or rules, |
8 | | such evidence may be seized by school authorities, and |
9 | | disciplinary action may be taken. School authorities may also |
10 | | turn over such evidence to law enforcement authorities. |
11 | | (f) Suspension or expulsion may include suspension or |
12 | | expulsion from school and all school activities and a |
13 | | prohibition from being present on school grounds. |
14 | | (g) A school district may adopt a policy providing that if |
15 | | a student is suspended or expelled for any reason from any |
16 | | public or private school in this or any other state, the |
17 | | student must complete the entire term of the suspension or |
18 | | expulsion in an alternative school program under Article 13A |
19 | | of this Code or an alternative learning opportunities program |
20 | | under Article 13B of this Code before being admitted into the |
21 | | school district if there is no threat to the safety of students |
22 | | or staff in the alternative program. |
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 may not be issued a monetary fine or fee as a |
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1 | | disciplinary consequence, though this shall not preclude |
2 | | requiring a student to provide restitution for lost, stolen, |
3 | | or damaged property. |
4 | | (j) Subsections (a) through (i) of this Section shall |
5 | | apply to elementary and secondary schools, charter schools, |
6 | | special charter districts, and school districts organized |
7 | | under Article 34 of this Code. |
8 | | (k) The expulsion of students enrolled in programs funded |
9 | | under Section 1C-2 of this Code is subject to the requirements |
10 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
11 | | this Code. |
12 | | (l) An in-school suspension program provided by a school |
13 | | district for any students in kindergarten through grade 12 may |
14 | | focus on promoting non-violent conflict resolution and |
15 | | positive interaction with other students and school personnel. |
16 | | A school district may employ a school social worker or a |
17 | | licensed mental health professional to oversee an in-school |
18 | | suspension program in kindergarten through grade 12. |
19 | | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; |
20 | | 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.) |
21 | | (Text of Section after amendment by P.A. 102-466 ) |
22 | | Sec. 10-22.6. Suspension or expulsion of students; school |
23 | | searches. |
24 | | (a) To expel students guilty of gross disobedience or |
25 | | misconduct, including gross disobedience or misconduct |
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1 | | perpetuated by electronic means, pursuant to subsection (b-20) |
2 | | of this Section, and no action shall lie against them for such |
3 | | expulsion. Expulsion shall take place only after the parents |
4 | | or guardians have been requested to appear at a meeting of the |
5 | | board, or with a hearing officer appointed by it, to discuss |
6 | | their child's behavior. Such request shall be made by |
7 | | registered or certified mail and shall state the time, place |
8 | | and purpose of the meeting. The board, or a hearing officer |
9 | | appointed by it, at such meeting shall state the reasons for |
10 | | dismissal and the date on which the expulsion is to become |
11 | | effective. If a hearing officer is appointed by the board, the |
12 | | hearing officer shall report to the board a written summary of |
13 | | the evidence heard at the meeting and the board may take such |
14 | | action thereon as it finds appropriate. If the board acts to |
15 | | expel a student, the written expulsion decision shall detail |
16 | | the specific reasons why removing the student from the |
17 | | learning environment is in the best interest of the school. |
18 | | The expulsion decision shall also include a rationale as to |
19 | | the specific duration of the expulsion. An expelled student |
20 | | may be immediately transferred to an alternative program in |
21 | | the manner provided in Article 13A or 13B of this Code. A |
22 | | student must not be denied transfer because of the expulsion, |
23 | | except in cases in which such transfer is deemed to cause a |
24 | | threat to the safety of students or staff in the alternative |
25 | | program. |
26 | | (b) To suspend or by policy to authorize the |
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1 | | superintendent of the district or the principal, assistant |
2 | | principal, or dean of students of any school to suspend |
3 | | students guilty of gross disobedience or misconduct, or to |
4 | | suspend students guilty of gross disobedience or misconduct on |
5 | | the school bus from riding the school bus, pursuant to |
6 | | subsections (b-15) and (b-20) of this Section, and no action |
7 | | shall lie against them for such suspension. The board may by |
8 | | policy authorize the superintendent of the district or the |
9 | | principal, assistant principal, or dean of students of any |
10 | | school to suspend students guilty of such acts for a period not |
11 | | to exceed 10 school days. If a student is suspended due to |
12 | | gross disobedience or misconduct on a school bus, the board |
13 | | may suspend the student in excess of 10 school days for safety |
14 | | reasons. |
15 | | Any suspension shall be reported immediately to the |
16 | | parents or guardians of a student along with a full statement |
17 | | of the reasons for such suspension and a notice of their right |
18 | | to a review. The school board must be given a summary of the |
19 | | notice, including the reason for the suspension and the |
20 | | suspension length. Upon request of the parents or guardians, |
21 | | the school board or a hearing officer appointed by it shall |
22 | | review such action of the superintendent or principal, |
23 | | assistant principal, or dean of students. At such review, the |
24 | | parents or guardians of the student may appear and discuss the |
25 | | suspension with the board or its hearing officer. If a hearing |
26 | | officer is appointed by the board, he shall report to the board |
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1 | | a written summary of the evidence heard at the meeting. After |
2 | | its hearing or upon receipt of the written report of its |
3 | | hearing officer, the board may take such action as it finds |
4 | | appropriate. If a student is suspended pursuant to this |
5 | | subsection (b), the board shall, in the written suspension |
6 | | decision, detail the specific act of gross disobedience or |
7 | | misconduct resulting in the decision to suspend. The |
8 | | suspension decision shall also include a rationale as to the |
9 | | specific duration of the suspension. |
10 | | (b-5) Among the many possible disciplinary interventions |
11 | | and consequences available to school officials, school |
12 | | exclusions, such as out-of-school suspensions and expulsions, |
13 | | are the most serious. School officials shall limit the number |
14 | | and duration of expulsions and suspensions to the greatest |
15 | | extent practicable, and it is recommended that they use them |
16 | | only for legitimate educational purposes. To ensure that |
17 | | students are not excluded from school unnecessarily, it is |
18 | | recommended that school officials consider forms of |
19 | | non-exclusionary discipline prior to using out-of-school |
20 | | suspensions or expulsions. |
21 | | (b-10) Unless otherwise required by federal law or this |
22 | | Code, school boards may not institute zero-tolerance policies |
23 | | by which school administrators are required to suspend or |
24 | | expel students for particular behaviors. |
25 | | (b-15) Out-of-school suspensions of 3 days or less may be |
26 | | used only if the student's continuing presence in school would |
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1 | | pose a threat to school safety or a disruption to other |
2 | | students' learning opportunities. For purposes of this |
3 | | subsection (b-15), "threat to school safety or a disruption to |
4 | | other students' learning opportunities" shall be determined on |
5 | | a case-by-case basis by the school board or its designee. |
6 | | School officials shall make all reasonable efforts to resolve |
7 | | such threats, address such disruptions, and minimize the |
8 | | length of suspensions to the greatest extent practicable. |
9 | | (b-20) Unless otherwise required by this Code, |
10 | | out-of-school suspensions of longer than 3 days, expulsions, |
11 | | and disciplinary removals to alternative schools may be used |
12 | | only if other appropriate and available behavioral and |
13 | | disciplinary interventions have been exhausted and the |
14 | | student's continuing presence in school would either (i) pose |
15 | | a threat to the safety of other students, staff, or members of |
16 | | the school community or (ii) substantially disrupt, impede, or |
17 | | interfere with the operation of the school. For purposes of |
18 | | this subsection (b-20), "threat to the safety of other |
19 | | students, staff, or members of the school community" and |
20 | | "substantially disrupt, impede, or interfere with the |
21 | | operation of the school" shall be determined on a case-by-case |
22 | | basis by school officials. For purposes of this subsection |
23 | | (b-20), the determination of whether "appropriate and |
24 | | available behavioral and disciplinary interventions have been |
25 | | exhausted" shall be made by school officials. School officials |
26 | | shall make all reasonable efforts to resolve such threats, |
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1 | | address such disruptions, and minimize the length of student |
2 | | exclusions to the greatest extent practicable. Within the |
3 | | suspension decision described in subsection (b) of this |
4 | | Section or the expulsion decision described in subsection (a) |
5 | | of this Section, it shall be documented whether other |
6 | | interventions were attempted or whether it was determined that |
7 | | there were no other appropriate and available interventions. |
8 | | (b-25) Students who are suspended out-of-school for longer |
9 | | than 3 school days shall be provided appropriate and available |
10 | | support services during the period of their suspension. For |
11 | | purposes of this subsection (b-25), "appropriate and available |
12 | | support services" shall be determined by school authorities. |
13 | | Within the suspension decision described in subsection (b) of |
14 | | this Section, it shall be documented whether such services are |
15 | | to be provided or whether it was determined that there are no |
16 | | such appropriate and available services. |
17 | | A school district may refer students who are expelled to |
18 | | appropriate and available support services. |
19 | | A school district shall create a policy to facilitate the |
20 | | re-engagement of students who are suspended out-of-school, |
21 | | expelled, or returning from an alternative school setting. In |
22 | | consultation with stakeholders deemed appropriate by the State |
23 | | Board of Education, the State Board of Education shall draft |
24 | | and publish guidance for the re-engagement of students who are |
25 | | suspended out-of-school, expelled, or returning from an |
26 | | alternative school setting in accordance with this Section and |
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1 | | Section 13A-4 on or before July 1, 2025. |
2 | | (b-30) A school district shall create a policy by which |
3 | | suspended students, including those students suspended from |
4 | | the school bus who do not have alternate transportation to |
5 | | school, shall have the opportunity to make up work for |
6 | | equivalent academic credit. It shall be the responsibility of |
7 | | a student's parents or guardians to notify school officials |
8 | | that a student suspended from the school bus does not have |
9 | | alternate transportation to school. |
10 | | (b-35) In all suspension review hearings conducted under |
11 | | subsection (b) or expulsion hearings conducted under |
12 | | subsection (a), a student may disclose any factor to be |
13 | | considered in mitigation, including his or her status as a |
14 | | parent, expectant parent, or victim of domestic or sexual |
15 | | violence, as defined in Article 26A. A representative of the |
16 | | parent's or guardian's choice, or of the student's choice if |
17 | | emancipated, must be permitted to represent the student |
18 | | throughout the proceedings and to address the school board or |
19 | | its appointed hearing officer. With the approval of the |
20 | | student's parent or guardian, or of the student if |
21 | | emancipated, a support person must be permitted to accompany |
22 | | the student to any disciplinary hearings or proceedings. The |
23 | | representative or support person must comply with any rules of |
24 | | the school district's hearing process. If the representative |
25 | | or support person violates the rules or engages in behavior or |
26 | | advocacy that harasses, abuses, or intimidates either party, a |
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1 | | witness, or anyone else in attendance at the hearing, the |
2 | | representative or support person may be prohibited from |
3 | | further participation in the hearing or proceeding. A |
4 | | suspension or expulsion proceeding under this subsection |
5 | | (b-35) must be conducted independently from any ongoing |
6 | | criminal investigation or proceeding, and an absence of |
7 | | pending or possible criminal charges, criminal investigations, |
8 | | or proceedings may not be a factor in school disciplinary |
9 | | decisions. |
10 | | (b-40) During a suspension review hearing conducted under |
11 | | subsection (b) or an expulsion hearing conducted under |
12 | | subsection (a) that involves allegations of sexual violence by |
13 | | the student who is subject to discipline, neither the student |
14 | | nor his or her representative shall directly question nor have |
15 | | direct contact with the alleged victim. The student who is |
16 | | subject to discipline or his or her representative may, at the |
17 | | discretion and direction of the school board or its appointed |
18 | | hearing officer, suggest questions to be posed by the school |
19 | | board or its appointed hearing officer to the alleged victim. |
20 | | (c) A school board must invite a representative from a |
21 | | local mental health agency to consult with the board at the |
22 | | meeting whenever there is evidence that mental illness may be |
23 | | the cause of a student's expulsion or suspension. |
24 | | (c-5) School districts shall make reasonable efforts to |
25 | | provide ongoing professional development to all school |
26 | | personnel, school board members, and school resource officers |
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1 | | on the requirements of this Section and Section 10-20.14, the |
2 | | adverse consequences of school exclusion and justice-system |
3 | | involvement, effective classroom management strategies, |
4 | | culturally responsive discipline, trauma-responsive learning |
5 | | environments, as defined in subsection (b) of Section 3-11, |
6 | | the appropriate and available supportive services for the |
7 | | promotion of student attendance and engagement, and |
8 | | developmentally appropriate disciplinary methods that promote |
9 | | positive and healthy school climates. |
10 | | (d) The board may expel a student for a definite period of |
11 | | time not to exceed 2 calendar years, as determined on a |
12 | | case-by-case basis. |
13 | | A student who is determined to have brought one of the |
14 | | following objects to school, any school-sponsored activity or |
15 | | event, or any activity or event that bears a reasonable |
16 | | relationship to school shall be expelled for a period of not |
17 | | less than one year: |
18 | | (1) A firearm. For the purposes of this Section, |
19 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
20 | | by Section 921 of Title 18 of the United States Code, |
21 | | firearm as defined in Section 1.1 of the Firearm Owners |
22 | | Identification Card Act, or firearm as defined in Section |
23 | | 24-1 of the Criminal Code of 2012. The expulsion period |
24 | | under this subdivision (1) may be modified by the |
25 | | superintendent, and the superintendent's determination may |
26 | | be modified by the board on a case-by-case basis. |
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1 | | (2) A knife, brass knuckles or other knuckle weapon |
2 | | regardless of its composition, a billy club, or any other |
3 | | object if used or attempted to be used to cause bodily |
4 | | harm, including "look alikes" of any firearm as defined in |
5 | | subdivision (1) of this subsection (d). The expulsion |
6 | | requirement under this subdivision (2) may be modified by |
7 | | the superintendent, and the superintendent's determination |
8 | | may be modified by the board on a case-by-case basis. |
9 | | A student who is determined to have committed sexual |
10 | | violence, sexual assault, or sexual activity with an |
11 | | individual without the individual's consent at a school, a |
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 | | Expulsion or suspension shall be construed in a manner |
16 | | consistent with the federal Individuals with Disabilities |
17 | | Education Act. A student who is subject to suspension or |
18 | | expulsion as provided in this Section may be eligible for a |
19 | | transfer to an alternative school program in accordance with |
20 | | Article 13A of the School Code. |
21 | | (d-5) The board may suspend or by regulation authorize the |
22 | | superintendent of the district or the principal, assistant |
23 | | principal, or dean of students of any school to suspend a |
24 | | student for a period not to exceed 10 school days or may expel |
25 | | a student for a definite period of time not to exceed 2 |
26 | | calendar years, as determined on a case-by-case basis, if (i) |
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1 | | that student has been determined to have made an explicit |
2 | | threat on an Internet website against a school employee, a |
3 | | student, or any school-related personnel, (ii) the Internet |
4 | | website through which the threat was made is a site that was |
5 | | accessible within the school at the time the threat was made or |
6 | | was available to third parties who worked or studied within |
7 | | the school grounds at the time the threat was made, and (iii) |
8 | | the threat could be reasonably interpreted as threatening to |
9 | | the safety and security of the threatened individual because |
10 | | of the individual's duties or employment status or status as a |
11 | | student inside the school. |
12 | | (e) To maintain order and security in the schools, school |
13 | | authorities may inspect and search places and areas such as |
14 | | lockers, desks, parking lots, and other school property and |
15 | | equipment owned or controlled by the school, as well as |
16 | | personal effects left in those places and areas by students, |
17 | | without notice to or the consent of the student, and without a |
18 | | search warrant. As a matter of public policy, the General |
19 | | Assembly finds that students have no reasonable expectation of |
20 | | privacy in these places and areas or in their personal effects |
21 | | left in these places and areas. School authorities may request |
22 | | the assistance of law enforcement officials for the purpose of |
23 | | conducting inspections and searches of lockers, desks, parking |
24 | | lots, and other school property and equipment owned or |
25 | | controlled by the school for illegal drugs, weapons, or other |
26 | | illegal or dangerous substances or materials, including |
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1 | | searches conducted through the use of specially trained dogs. |
2 | | If a search conducted in accordance with this Section produces |
3 | | evidence that the student has violated or is violating either |
4 | | the law, local ordinance, or the school's policies or rules, |
5 | | such evidence may be seized by school authorities, and |
6 | | disciplinary action may be taken. School authorities may also |
7 | | turn over such evidence to law enforcement authorities. |
8 | | (f) Suspension or expulsion may include suspension or |
9 | | expulsion from school and all school activities and a |
10 | | prohibition from being present on school grounds. |
11 | | (g) A school district may adopt a policy providing that if |
12 | | a student is suspended or expelled for any reason from any |
13 | | public or private school in this or any other state, the |
14 | | student must complete the entire term of the suspension or |
15 | | expulsion in an alternative school program under Article 13A |
16 | | of this Code or an alternative learning opportunities program |
17 | | under Article 13B of this Code before being admitted into the |
18 | | school district if there is no threat to the safety of students |
19 | | or staff in the alternative program. A school district that |
20 | | adopts a policy under this subsection (g) must include a |
21 | | provision allowing for consideration of any mitigating |
22 | | factors, including, but not limited to, a student's status as |
23 | | a parent, expectant parent, or victim of domestic or sexual |
24 | | violence, as defined in Article 26A. |
25 | | (h) School officials shall not advise or encourage |
26 | | students to drop out voluntarily due to behavioral or academic |
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1 | | difficulties. |
2 | | (i) A student may not be issued a monetary fine or fee as a |
3 | | disciplinary consequence, though this shall not preclude |
4 | | requiring a student to provide restitution for lost, stolen, |
5 | | or damaged property. |
6 | | (j) Subsections (a) through (i) of this Section shall |
7 | | apply to elementary and secondary schools, charter schools, |
8 | | special charter districts, and school districts organized |
9 | | under Article 34 of this Code. |
10 | | (k) Through June 30, 2026, the expulsion of students |
11 | | enrolled in programs funded under Section 1C-2 of this Code is |
12 | | subject to the requirements under paragraph (7) of subsection |
13 | | (a) of Section 2-3.71 of this Code. |
14 | | (k-5) On and after July 1, 2026, the expulsion of children |
15 | | enrolled in programs funded under Section 15-25 of the |
16 | | Department of Early Childhood Act is subject to the |
17 | | requirements of paragraph (7) of subsection (a) of Section |
18 | | 15-30 of the Department of Early Childhood Act. |
19 | | (l) An in-school suspension program provided by a school |
20 | | district for any students in kindergarten through grade 12 may |
21 | | focus on promoting non-violent conflict resolution and |
22 | | positive interaction with other students and school personnel. |
23 | | A school district may employ a school social worker or a |
24 | | licensed mental health professional to oversee an in-school |
25 | | suspension program in kindergarten through grade 12. |
26 | | (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; |
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1 | | 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. |
2 | | 8-9-24; revised 9-25-24.) |
3 | | Section 95. No acceleration or delay. Where this Act makes |
4 | | changes in a statute that is represented in this Act by text |
5 | | that is not yet or no longer in effect (for example, a Section |
6 | | represented by multiple versions), the use of that text does |
7 | | not accelerate or delay the taking effect of (i) the changes |
8 | | made by this Act or (ii) provisions derived from any other |
9 | | Public Act. |
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law. |