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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3402eng HB3402 Engrossed 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 10 implement rules requiring all of the public schools and all 11 private or nonpublic elementary and secondary schools located 12 in this State, whenever any such school has a student who is 13 transferring to any other public elementary or secondary 14 school located in this or in any other state, to forward 15 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 any 24 reasonknowingly possessing in a school building or on school25grounds a weapon as defined in the Gun Free Schools Act (2026U.S.C. 8921 et seq.), for knowingly possessing, selling, or27delivering in a school building or on school grounds a28controlled substance or cannabis, or for battering a staff29member 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 HB3402 Engrossed -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 shallis29required toadmit a new student who is transferring from 30 another Illinois school district unless (i) he or she can 31 produce the standard form from the student's previous school 32 district enrollment and (ii) this form clearly indicates that 33 the student is not currently serving a suspension or 34 expulsion. No school district shallis required toadmit a HB3402 Engrossed -3- LRB9112315LDpk 1 new student who is transferring from an out-of-state public 2 school, a private or parochial school regardless of location, 3 or a school located outside of the United States unless the 4 parent or guardian of the student certifies in writing (i) 5 whetherthatthe student is or is not currently serving a 6 suspension or expulsion imposed by the school from which the 7 student is transferring and (ii) if the student is currently 8 serving a suspension or expulsion, the date the suspension or 9 expulsion began and a description of the incident that 10 resulted in the suspension or expulsion, which description 11 shall be sufficiently specific so as to enable the school 12 district into which the student is transferring to determine 13 the length of suspension or expulsion that would have 14 resulted had the incident occurred at that school district. 15 Subject to the provisions and limitations under 16 subsection (g) of Section 10-22.6 of this Code, a school 17 district into which a student is transferring shall delay the 18 admittance of the student if the student is currently serving 19 a suspension or expulsion imposed by the school or school 20 district from which he or she is transferring. 21 (Source: P.A. 91-365, eff. 7-30-99.) 22 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) 23 Sec. 10-22.6. Suspension or expulsion of pupils; school 24 searches. 25 (a) To expel pupils guilty of gross disobedience or 26 misconduct, and no action shall lie against them for such 27 expulsion. Expulsion shall take place only after the parents 28 have been requested to appear at a meeting of the board, or 29 with a hearing officer appointed by it, to discuss their 30 child's behavior. Such request shall be made by registered or 31 certified mail and shall state the time, place and purpose of 32 the meeting. The board, or a hearing officer appointed by it, 33 at such meeting shall state the reasons for dismissal and the HB3402 Engrossed -4- LRB9112315LDpk 1 date on which the expulsion is to become effective. If a 2 hearing officer is appointed by the board he shall report to 3 the board a written summary of the evidence heard at the 4 meeting and the board may take such action thereon as it 5 finds appropriate. 6 (b) To suspend or by regulation to authorize the 7 superintendent of the district or the principal, assistant 8 principal, or dean of students of any school to suspend 9 pupils guilty of gross disobedience or misconduct, or to 10 suspend pupils guilty of gross disobedience or misconduct on 11 the school bus from riding the school bus, and no action 12 shall lie against them for such suspension. The board may by 13 regulation authorize the superintendent of the district or 14 the principal, assistant principal, or dean of students of 15 any school to suspend pupils guilty of such acts for a period 16 not to exceed 10 school days. If a pupil is suspended due to 17 gross disobedience or misconduct on a school bus, the board 18 may suspend the pupil in excess of 10 school days for safety 19 reasons. Any suspension shall be reported immediately to the 20 parents or guardian of such pupil along with a full statement 21 of the reasons for such suspension and a notice of their 22 right to a review, a copy of which shall be given to the 23 school board. Upon request of the parents or guardian the 24 school board or a hearing officer appointed by it shall 25 review such action of the superintendent or principal, 26 assistant principal, or dean of students. At such review the 27 parents or guardian of the pupil may appear and discuss the 28 suspension with the board or its hearing officer. If a 29 hearing officer is appointed by the board he shall report to 30 the board a written summary of the evidence heard at the 31 meeting. After its hearing or upon receipt of the written 32 report of its hearing officer, the board may take such action 33 as it finds appropriate. 34 (c) The Department of Human Services shall be invited to HB3402 Engrossed -5- LRB9112315LDpk 1 send a representative to consult with the board at such 2 meeting whenever there is evidence that mental illness may be 3 the cause for expulsion or suspension. 4 (d) The board may expel a student for a definite period 5 of time not to exceed 2 calendar years, as determined on a 6 case by case basis. A student who is determined to have 7 brought a weapon to school, any school-sponsored activity or 8 event, or any activity or event which bears a reasonable 9 relationship to school shall be expelled for a period of not 10 less than one year, except that the expulsion period may be 11 modified by the superintendent, and the superintendent's 12 determination may be modified by the board on a case by case 13 basis. For the purpose of this Section, the term "weapon" 14 means (1) possession, use, control, or transfer of any gun, 15 rifle, shotgun, weapon as defined by Section 921 of Title 18, 16 United States Code, firearm as defined in Section 1.1 of the 17 Firearm Owners Identification Act, or use of a weapon as 18 defined in Section 24-1 of the Criminal Code, (2) any other 19 object if used or attempted to be used to cause bodily harm, 20 including but not limited to, knives, brass knuckles, or 21 billy clubs, or (3) "look alikes" of any weapon as defined in 22 this Section. Expulsion or suspension shall be construed in a 23 manner consistent with the Federal Individuals with 24 Disabilities Education Act. A student who is subject to 25 suspension or expulsion as provided in this Section may be 26 eligible for a transfer to an alternative school program in 27 accordance with Article 13A of the School Code. The 28 provisions of this subsection (d) apply in all school 29 districts, including special charter districts and districts 30 organized under Article 34. 31 (e) To maintain order and security in the schools, 32 school authorities may inspect and search places and areas 33 such as lockers, desks, parking lots, and other school 34 property and equipment owned or controlled by the school, as HB3402 Engrossed -6- LRB9112315LDpk 1 well as personal effects left in those places and areas by 2 students, without notice to or the consent of the student, 3 and without a search warrant. As a matter of public policy, 4 the General Assembly finds that students have no reasonable 5 expectation of privacy in these places and areas or in their 6 personal effects left in these places and areas. School 7 authorities may request the assistance of law enforcement 8 officials for the purpose of conducting inspections and 9 searches of lockers, desks, parking lots, and other school 10 property and equipment owned or controlled by the school for 11 illegal drugs, weapons, or other illegal or dangerous 12 substances or materials, including searches conducted through 13 the use of specially trained dogs. If a search conducted in 14 accordance with this Section produces evidence that the 15 student has violated or is violating either the law, local 16 ordinance, or the school's policies or rules, such evidence 17 may be seized by school authorities, and disciplinary action 18 may be taken. School authorities may also turn over such 19 evidence to law enforcement authorities. The provisions of 20 this subsection (e) apply in all school districts, including 21 special charter districts and districts organized under 22 Article 34. 23 (f) Suspension or expulsion may include suspension or 24 expulsion from school and all school activities and a 25 prohibition from being present on school grounds. 26 (g) Subject to Section 2-3.13a of this Code, a student 27 who is transferring into a school district and who is 28 currently serving a suspension or expulsion imposed by 29 another Illinois school district shall, by being denied 30 admission to the school district into which he or she is 31 transferring, effectively serve the balance of his or her 32 suspension or expulsion in the school district into which he 33 or she is transferring, provided that the total period of the 34 suspension or expulsion, by combining the amount of time HB3402 Engrossed -7- LRB9112315LDpk 1 served in the school district from which the student is 2 transferring with the amount of time by which the student is 3 delayed admittance to the school district into which he or 4 she is transferring, shall not exceed 2 years. 5 Subject to Section 2-3.13a of this Code, a student who is 6 transferring into a school district and who is currently 7 serving a suspension or expulsion imposed by an out-of-state 8 public school, a private or parochial school regardless of 9 location, or a school located outside of the United States 10 shall, by being denied admission to the school district into 11 which he or she is transferring, effectively serve the 12 balance of his or her suspension or expulsion in the school 13 district into which he or she is transferring, provided that 14 the total period of the suspension or expulsion, by combining 15 the amount of time served at the school from which the 16 student is transferring with the amount of time by which the 17 student is delayed admittance to the school district into 18 which he or she is transferring, shall not exceed the lesser 19 of (i) the amount of time in which the school district into 20 which the student is transferring would normally suspend or 21 expel a student for the same incident that prompted 22 suspension or expulsion at the school from which the student 23 is transferring, (ii) the length of the suspension or 24 expulsion imposed by the school from which the student is 25 transferring, or (iii) 2 years. 26 The provisions of this subsection (g) apply in all school 27 districts, including special charter districts and districts 28 organized under Article 34 of this Code. 29 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 30 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 31 1-1-98; 90-757, eff. 8-14-98.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.