[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB3402
LRB9112315LDpk
1 AN ACT to amend the School Code by changing Sections
2 2-3.13a and 10-22.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.13a and 10-22.6 as follows:
7 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
8 Sec. 2-3.13a. Scholastic records; transferring students.
9 The State Board of Education shall establish and implement
10 rules requiring all of the public schools and all private or
11 nonpublic elementary and secondary schools located in
12 Illinois this State, whenever any such school has a student
13 who is transferring to any other public elementary or
14 secondary school located in this or in any other state, to
15 forward within 10 days of notice of the student's transfer an
16 unofficial record of that student's grades to the school to
17 which such student is transferring. Each public school at
18 the same time also shall forward to the school to which the
19 student is transferring the remainder of the student's school
20 student records as required by the Illinois School Student
21 Records Act. In addition, if a student is transferring from a
22 public school, whether located in this or any other state,
23 from which the student has been suspended or expelled for
24 knowingly possessing in a school building or on school
25 grounds a weapon as defined in the Gun Free Schools Act (20
26 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
27 delivering in a school building or on school grounds a
28 controlled substance or cannabis, or for battering a staff
29 member of the school, and if the period of suspension or
30 expulsion has not expired at the time the student attempts to
31 transfer into another public school in the same or any other
-2- LRB9112315LDpk
1 school district: (i) any school student records required to
2 be transferred shall include the date and duration of the
3 period of suspension or expulsion; and (ii) with the
4 exception of transfers into the Department of Corrections
5 school district, the student shall not be permitted to attend
6 class in the public school into which he or she is
7 transferring until the student has served the entire period
8 of the suspension or expulsion imposed by the school from
9 which the student is transferring, provided that the school
10 board may approve the placement of the student in an
11 alternative school program established under Article 13A of
12 this Act. Each public school and each private or nonpublic
13 elementary or secondary school in this State shall within 10
14 days after the student has paid all of his or her outstanding
15 fines and fees and at its own expense forward an official
16 transcript of the scholastic records of each student
17 transferring from that school in strict accordance with the
18 provisions of this Section and the rules established by the
19 State Board of Education as herein provided.
20 The State Board of Education shall develop a one-page
21 standard form that Illinois school districts are required to
22 provide to any student who is moving out of the school
23 district and that contains the information about whether or
24 not the student is "in good standing" and whether or not his
25 or her medical records are up-to-date and complete. As used
26 in this Section, "in good standing" means that the student is
27 not being disciplined by a suspension or expulsion, but is
28 entitled to attend classes. No school district is required
29 to admit a new student who is transferring from another
30 Illinois school district unless he or she can produce the
31 standard form from the student's previous school district
32 enrollment. No school district is required to admit a new
33 student who is transferring from an out-of-state public
34 school unless the parent or guardian of the student certifies
-3- LRB9112315LDpk
1 in writing that the student is not currently serving a
2 suspension or expulsion imposed by the school from which the
3 student is transferring.
4 (Source: P.A. 91-365, eff. 7-30-99.)
5 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
6 Sec. 10-22.6. Suspension or expulsion of pupils; school
7 searches.
8 (a) To expel pupils guilty of gross disobedience or
9 misconduct, and no action shall lie against them for such
10 expulsion. Expulsion shall take place only after the parents
11 have been requested to appear at a meeting of the board, or
12 with a hearing officer appointed by it, to discuss their
13 child's behavior. The Such request shall be made by
14 registered or certified mail and shall state the time, place
15 and purpose of the meeting. The board, or a hearing officer
16 appointed by it, at such meeting shall state the reasons for
17 dismissal and the date on which the expulsion is to become
18 effective. If a hearing officer is appointed by the board he
19 shall report to the board a written summary of the evidence
20 heard at the meeting and the board may take such action
21 thereon as it finds appropriate.
22 (b) To suspend or by regulation to authorize the
23 superintendent of the district or the principal, assistant
24 principal, or dean of students of any school to suspend
25 pupils guilty of gross disobedience or misconduct, or to
26 suspend pupils guilty of gross disobedience or misconduct on
27 the school bus from riding the school bus, and no action
28 shall lie against them for such suspension. The board may by
29 regulation authorize the superintendent of the district or
30 the principal, assistant principal, or dean of students of
31 any school to suspend pupils guilty of such acts for a period
32 not to exceed 10 school days. If a pupil is suspended due to
33 gross disobedience or misconduct on a school bus, the board
-4- LRB9112315LDpk
1 may suspend the pupil in excess of 10 school days for safety
2 reasons. Any suspension shall be reported immediately to the
3 parents or guardian of such pupil along with a full statement
4 of the reasons for such suspension and a notice of their
5 right to a review, a copy of which shall be given to the
6 school board. Upon request of the parents or guardian the
7 school board or a hearing officer appointed by it shall
8 review such action of the superintendent or principal,
9 assistant principal, or dean of students. At such review the
10 parents or guardian of the pupil may appear and discuss the
11 suspension with the board or its hearing officer. If a
12 hearing officer is appointed by the board he shall report to
13 the board a written summary of the evidence heard at the
14 meeting. After its hearing or upon receipt of the written
15 report of its hearing officer, the board may take such action
16 as it finds appropriate.
17 (c) The Department of Human Services shall be invited to
18 send a representative to consult with the board at such
19 meeting whenever there is evidence that mental illness may be
20 the cause for expulsion or suspension.
21 (d) The board may expel a student for a definite period
22 of time not to exceed 2 calendar years, as determined on a
23 case by case basis. A student who is determined to have
24 brought a weapon to school, any school-sponsored activity or
25 event, or any activity or event which bears a reasonable
26 relationship to school shall be expelled for a period of not
27 less than one year, except that the expulsion period may be
28 modified by the superintendent, and the superintendent's
29 determination may be modified by the board on a case by case
30 basis. For the purpose of this Section, the term "weapon"
31 means (1) possession, use, control, or transfer of any gun,
32 rifle, shotgun, weapon as defined by Section 921 of Title 18,
33 United States Code, firearm as defined in Section 1.1 of the
34 Firearm Owners Identification Act, or use of a weapon as
-5- LRB9112315LDpk
1 defined in Section 24-1 of the Criminal Code, (2) any other
2 object if used or attempted to be used to cause bodily harm,
3 including but not limited to, knives, brass knuckles, or
4 billy clubs, or (3) "look alikes" of any weapon as defined in
5 this Section. Expulsion or suspension shall be construed in a
6 manner consistent with the Federal Individuals with
7 Disabilities Education Act. A student who is subject to
8 suspension or expulsion as provided in this Section may be
9 eligible for a transfer to an alternative school program in
10 accordance with Article 13A of the School Code. The
11 provisions of this subsection (d) apply in all school
12 districts, including special charter districts and districts
13 organized under Article 34.
14 (e) To maintain order and security in the schools,
15 school authorities may inspect and search places and areas
16 such as lockers, desks, parking lots, and other school
17 property and equipment owned or controlled by the school, as
18 well as personal effects left in those places and areas by
19 students, without notice to or the consent of the student,
20 and without a search warrant. As a matter of public policy,
21 the General Assembly finds that students have no reasonable
22 expectation of privacy in these places and areas or in their
23 personal effects left in these places and areas. School
24 authorities may request the assistance of law enforcement
25 officials for the purpose of conducting inspections and
26 searches of lockers, desks, parking lots, and other school
27 property and equipment owned or controlled by the school for
28 illegal drugs, weapons, or other illegal or dangerous
29 substances or materials, including searches conducted through
30 the use of specially trained dogs. If a search conducted in
31 accordance with this Section produces evidence that the
32 student has violated or is violating either the law, local
33 ordinance, or the school's policies or rules, such evidence
34 may be seized by school authorities, and disciplinary action
-6- LRB9112315LDpk
1 may be taken. School authorities may also turn over such
2 evidence to law enforcement authorities. The provisions of
3 this subsection (e) apply in all school districts, including
4 special charter districts and districts organized under
5 Article 34.
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 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
10 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
11 1-1-98; 90-757, eff. 8-14-98.)