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91_SB1280
LRB9109446NTsb
1 AN ACT to amend the School Code by changing Sections
2 2-3.13a, 10-22.6, and 13A-4.
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, 10-22.6, and 13A-4.
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 this
12 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
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
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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 shall may approve the placement of the student in an
11 alternative school program established under Article 13A of
12 this Act, unless the student has been suspended or expelled
13 for committing a battery against a teacher, for knowingly
14 possessing in a school building or on school grounds a weapon
15 as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
16 seq.), or for knowingly selling or delivering a controlled
17 substance or cannabis in a school building or on school
18 grounds, in which case the school board may approve the
19 placement of the student in an alternative school program.
20 Each public school and each private or nonpublic elementary
21 or secondary school in this State shall within 10 days after
22 the student has paid all of his or her outstanding fines and
23 fees and at its own expense forward an official transcript of
24 the scholastic records of each student transferring from that
25 school in strict accordance with the provisions of this
26 Section and the rules established by the State Board of
27 Education as herein provided.
28 The State Board of Education shall develop a one-page
29 standard form that Illinois school districts are required to
30 provide to any student who is moving out of the school
31 district and that contains the information about whether or
32 not the student is "in good standing" and whether or not his
33 or her medical records are up-to-date and complete. As used
34 in this Section, "in good standing" means that the student is
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1 not being disciplined by a suspension or expulsion, but is
2 entitled to attend classes. No school district is required
3 to admit a new student who is transferring from another
4 Illinois school district unless he or she can produce the
5 standard form from the student's previous school district
6 enrollment. No school district is required to admit a new
7 student who is transferring from an out-of-state public
8 school unless the parent or guardian of the student certifies
9 in writing that the student is not currently serving a
10 suspension or expulsion imposed by the school from which the
11 student is transferring.
12 (Source: P.A. 91-365, eff. 7-30-99.)
13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
14 Sec. 10-22.6. Suspension or expulsion of pupils; school
15 searches.
16 (a) To expel pupils guilty of gross disobedience or
17 misconduct, and no action shall lie against them for such
18 expulsion. Expulsion shall take place only after the parents
19 have been requested to appear at a meeting of the board, or
20 with a hearing officer appointed by it, to discuss their
21 child's behavior. Such request shall be made by registered or
22 certified mail and shall state the time, place and purpose of
23 the meeting. The board, or a hearing officer appointed by it,
24 at such meeting shall state the reasons for dismissal and the
25 date on which the expulsion is to become effective. If a
26 hearing officer is appointed by the board he shall report to
27 the board a written summary of the evidence heard at the
28 meeting and the board may take such action thereon as it
29 finds appropriate.
30 (b) To suspend or by regulation to authorize the
31 superintendent of the district or the principal, assistant
32 principal, or dean of students of any school to suspend
33 pupils guilty of gross disobedience or misconduct, or to
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1 suspend pupils guilty of gross disobedience or misconduct on
2 the school bus from riding the school bus, and no action
3 shall lie against them for such suspension. The board may by
4 regulation authorize the superintendent of the district or
5 the principal, assistant principal, or dean of students of
6 any school to suspend pupils guilty of such acts for a period
7 not to exceed 10 school days. If a pupil is suspended due to
8 gross disobedience or misconduct on a school bus, the board
9 may suspend the pupil in excess of 10 school days for safety
10 reasons. Any suspension shall be reported immediately to the
11 parents or guardian of such pupil along with a full statement
12 of the reasons for such suspension and a notice of their
13 right to a review, a copy of which shall be given to the
14 school board. Upon request of the parents or guardian the
15 school board or a hearing officer appointed by it shall
16 review such action of the superintendent or principal,
17 assistant principal, or dean of students. At such review the
18 parents or guardian of the pupil may appear and discuss the
19 suspension with the board or its hearing officer. If a
20 hearing officer is appointed by the board he shall report to
21 the board a written summary of the evidence heard at the
22 meeting. After its hearing or upon receipt of the written
23 report of its hearing officer, the board may take such action
24 as it finds appropriate.
25 (c) The Department of Human Services shall be invited to
26 send a representative to consult with the board at such
27 meeting whenever there is evidence that mental illness may be
28 the cause for expulsion or suspension.
29 (d) The board may expel a student for a definite period
30 of time not to exceed 2 calendar years, as determined on a
31 case by case basis. A student who is determined to have
32 brought a weapon to school, any school-sponsored activity or
33 event, or any activity or event which bears a reasonable
34 relationship to school shall be expelled for a period of not
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1 less than one year, except that the expulsion period may be
2 modified by the superintendent, and the superintendent's
3 determination may be modified by the board on a case by case
4 basis. For the purpose of this Section, the term "weapon"
5 means (1) possession, use, control, or transfer of any gun,
6 rifle, shotgun, weapon as defined by Section 921 of Title 18,
7 United States Code, firearm as defined in Section 1.1 of the
8 Firearm Owners Identification Act, or use of a weapon as
9 defined in Section 24-1 of the Criminal Code, (2) any other
10 object if used or attempted to be used to cause bodily harm,
11 including but not limited to, knives, brass knuckles, or
12 billy clubs, or (3) "look alikes" of any weapon as defined in
13 this Section. Expulsion or suspension shall be construed in a
14 manner consistent with the Federal Individuals with
15 Disabilities Education Act. A student who is subject to
16 suspension or expulsion as provided in this Section shall may
17 be eligible for a transfer to an alternative school program
18 in accordance with Article 13A of the School Code, unless the
19 student has been suspended or expelled for committing a
20 battery against a teacher, for knowingly possessing in a
21 school building or on school grounds a weapon as defined in
22 the Gun Free Schools Act (20 U.S.C. 8921 et seq.), or for
23 knowingly selling or delivering a controlled substance or
24 cannabis in a school building or on school grounds, in which
25 case the student may be eligible for a transfer to an
26 alternative school program. The provisions of this
27 subsection (d) apply in all school districts, including
28 special charter districts and districts organized under
29 Article 34.
30 (e) To maintain order and security in the schools,
31 school authorities may inspect and search places and areas
32 such as lockers, desks, parking lots, and other school
33 property and equipment owned or controlled by the school, as
34 well as personal effects left in those places and areas by
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1 students, without notice to or the consent of the student,
2 and without a search warrant. As a matter of public policy,
3 the General Assembly finds that students have no reasonable
4 expectation of privacy in these places and areas or in their
5 personal effects left in these places and areas. School
6 authorities may request the assistance of law enforcement
7 officials for the purpose of conducting inspections and
8 searches of lockers, desks, parking lots, and other school
9 property and equipment owned or controlled by the school for
10 illegal drugs, weapons, or other illegal or dangerous
11 substances or materials, including searches conducted through
12 the use of specially trained dogs. If a search conducted in
13 accordance with this Section produces evidence that the
14 student has violated or is violating either the law, local
15 ordinance, or the school's policies or rules, such evidence
16 may be seized by school authorities, and disciplinary action
17 may be taken. School authorities may also turn over such
18 evidence to law enforcement authorities. The provisions of
19 this subsection (e) apply in all school districts, including
20 special charter districts and districts organized under
21 Article 34.
22 (f) Suspension or expulsion may include suspension or
23 expulsion from school and all school activities and a
24 prohibition from being present on school grounds.
25 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
26 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
27 1-1-98; 90-757, eff. 8-14-98.)
28 (105 ILCS 5/13A-4)
29 Sec. 13A-4. Administrative transfers. A student who is
30 determined to be subject to suspension or expulsion in the
31 manner provided by Section 10-22.6 (or, in the case of a
32 student enrolled in the public schools of a school district
33 organized under Article 34, in accordance with the uniform
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1 system of discipline established under Section 34-19) must
2 may be immediately transferred to the alternative program,
3 unless the student has been suspended or expelled for
4 committing a battery against a teacher, for knowingly
5 possessing in a school building or on school grounds a weapon
6 as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
7 seq.), or for knowingly selling or delivering a controlled
8 substance or cannabis in a school building or on school
9 grounds, in which case the student may be immediately
10 transferred to the alternative program. At the earliest time
11 following that transfer appropriate personnel from the
12 sending school district and appropriate personnel of the
13 alternative program shall meet to develop an alternative
14 education plan for the student. The student's parent or
15 guardian shall be invited to this meeting. The student may
16 be invited. The alternative educational plan shall include,
17 but not be limited to all of the following:
18 (1) The duration of the plan, including a date
19 after which the student may be returned to the regular
20 educational program in the public schools of the
21 transferring district. If the parent or guardian of a
22 student who is scheduled to be returned to the regular
23 education program in the public schools of the district
24 files a written objection to the return with the
25 principal of the alternative school, the matter shall be
26 referred by the principal to the regional superintendent
27 of the educational service region in which the
28 alternative school program is located for a hearing.
29 Notice of the hearing shall be given by the regional
30 superintendent to the student's parent or guardian.
31 After the hearing, the regional superintendent may take
32 such action as he or she finds appropriate and in the
33 best interests of the student. The determination of the
34 regional superintendent shall be final.
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1 (2) The specific academic and behavioral components
2 of the plan.
3 (3) A method and time frame for reviewing the
4 student's progress.
5 Notwithstanding any other provision of this Article, if a
6 student for whom an individualized educational program has
7 been developed under Article 14 is transferred to an
8 alternative school program under this Article 13A, that
9 individualized educational program shall continue to apply to
10 that student following the transfer unless modified in
11 accordance with the provisions of Article 14.
12 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.