Bill Text: IL HB0011 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the School Code. Provides that a provision that allows out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools to be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted does not apply to a student who is determined to have possessed on school grounds a product that is prohibited from being sold or otherwise distributed to the student under the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB0011 Detail]
Download: Illinois-2025-HB0011-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 10-22.6 as follows:
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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 or unless a | ||||||
23 | student is determined to have possessed on school grounds a | ||||||
24 | product that is prohibited from being sold or otherwise | ||||||
25 | distributed to the student under the Prevention of Tobacco Use | ||||||
26 | by Persons under 21 Years of Age and Sale and Distribution of |
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1 | Tobacco Products Act , out-of-school suspensions of longer than | ||||||
2 | 3 days, expulsions, and disciplinary removals to alternative | ||||||
3 | schools may be used only if other appropriate and available | ||||||
4 | behavioral and disciplinary interventions have been exhausted | ||||||
5 | and the student's continuing presence in school would either | ||||||
6 | (i) pose a threat to the safety of other students, staff, or | ||||||
7 | members of the school community or (ii) substantially disrupt, | ||||||
8 | impede, or interfere with the operation of the school. For | ||||||
9 | purposes of this subsection (b-20), "threat to the safety of | ||||||
10 | other students, staff, or members of the school community" and | ||||||
11 | "substantially disrupt, impede, or interfere with the | ||||||
12 | operation of the school" shall be determined on a case-by-case | ||||||
13 | basis by school officials. For purposes of this subsection | ||||||
14 | (b-20), the determination of whether "appropriate and | ||||||
15 | available behavioral and disciplinary interventions have been | ||||||
16 | exhausted" shall be made by school officials. School officials | ||||||
17 | shall make all reasonable efforts to resolve such threats, | ||||||
18 | address such disruptions, and minimize the length of student | ||||||
19 | exclusions to the greatest extent practicable. Within the | ||||||
20 | suspension decision described in subsection (b) of this | ||||||
21 | Section or the expulsion decision described in subsection (a) | ||||||
22 | of this Section, it shall be documented whether other | ||||||
23 | interventions were attempted or whether it was determined that | ||||||
24 | there were no other appropriate and available interventions. | ||||||
25 | (b-25) Students who are suspended out-of-school for longer | ||||||
26 | than 3 school days shall be provided appropriate and available |
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1 | support services during the period of their suspension. For | ||||||
2 | purposes of this subsection (b-25), "appropriate and available | ||||||
3 | support services" shall be determined by school authorities. | ||||||
4 | Within the suspension decision described in subsection (b) of | ||||||
5 | this Section, it shall be documented whether such services are | ||||||
6 | to be provided or whether it was determined that there are no | ||||||
7 | such appropriate and available services. | ||||||
8 | A school district may refer students who are expelled to | ||||||
9 | appropriate and available support services. | ||||||
10 | A school district shall create a policy to facilitate the | ||||||
11 | re-engagement of students who are suspended out-of-school, | ||||||
12 | expelled, or returning from an alternative school setting. In | ||||||
13 | consultation with stakeholders deemed appropriate by the State | ||||||
14 | Board of Education, the State Board of Education shall draft | ||||||
15 | and publish guidance for the re-engagement of students who are | ||||||
16 | suspended out-of-school, expelled, or returning from an | ||||||
17 | alternative school setting in accordance with this Section and | ||||||
18 | Section 13A-4 on or before July 1, 2025. | ||||||
19 | (b-30) A school district shall create a policy by which | ||||||
20 | suspended students, including those students suspended from | ||||||
21 | the school bus who do not have alternate transportation to | ||||||
22 | school, shall have the opportunity to make up work for | ||||||
23 | equivalent academic credit. It shall be the responsibility of | ||||||
24 | a student's parent or guardian to notify school officials that | ||||||
25 | a student suspended from the school bus does not have | ||||||
26 | alternate transportation to school. |
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1 | (c) A school board must invite a representative from a | ||||||
2 | local mental health agency to consult with the board at the | ||||||
3 | meeting whenever there is evidence that mental illness may be | ||||||
4 | the cause of a student's expulsion or suspension. | ||||||
5 | (c-5) School districts shall make reasonable efforts to | ||||||
6 | provide ongoing professional development to all school | ||||||
7 | personnel, school board members, and school resource officers , | ||||||
8 | on the requirements of this Section and Section 10-20.14, the | ||||||
9 | adverse consequences of school exclusion and justice-system | ||||||
10 | involvement, effective classroom management strategies, | ||||||
11 | culturally responsive discipline, trauma-responsive learning | ||||||
12 | environments, as defined in subsection (b) of Section 3-11, | ||||||
13 | the appropriate and available supportive services for the | ||||||
14 | promotion of student attendance and engagement, and | ||||||
15 | developmentally appropriate disciplinary methods that promote | ||||||
16 | positive and healthy school climates. | ||||||
17 | (d) The board may expel a student for a definite period of | ||||||
18 | time not to exceed 2 calendar years, as determined on a | ||||||
19 | case-by-case basis. A student who is determined to have | ||||||
20 | brought one of the following objects to school, any | ||||||
21 | school-sponsored activity or event, or any activity or event | ||||||
22 | that bears a reasonable relationship to school shall be | ||||||
23 | expelled for a period of not less than one year: | ||||||
24 | (1) A firearm. For the purposes of this Section, | ||||||
25 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
26 | by Section 921 of Title 18 of the United States Code, |
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1 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
2 | Identification Card Act, or firearm as defined in Section | ||||||
3 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
4 | under this subdivision (1) may be modified by the | ||||||
5 | superintendent, and the superintendent's determination may | ||||||
6 | be modified by the board on a case-by-case basis. | ||||||
7 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
8 | regardless of its composition, a billy club, or any other | ||||||
9 | object if used or attempted to be used to cause bodily | ||||||
10 | harm, including "look alikes" of any firearm as defined in | ||||||
11 | subdivision (1) of this subsection (d). The expulsion | ||||||
12 | requirement under this subdivision (2) may be modified by | ||||||
13 | the superintendent, and the superintendent's determination | ||||||
14 | may be modified by the board on a case-by-case basis. | ||||||
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. | ||||||
20 | (h) School officials shall not advise or encourage | ||||||
21 | students to drop out voluntarily due to behavioral or academic | ||||||
22 | difficulties. | ||||||
23 | (i) A student may not be issued a monetary fine or fee as a | ||||||
24 | disciplinary consequence, though this shall not preclude | ||||||
25 | requiring a student to provide restitution for lost, stolen, | ||||||
26 | or damaged property. |
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1 | (j) Subsections (a) through (i) of this Section shall | ||||||
2 | apply to elementary and secondary schools, charter schools, | ||||||
3 | special charter districts, and school districts organized | ||||||
4 | under Article 34 of this Code. | ||||||
5 | (k) The expulsion of students enrolled in programs funded | ||||||
6 | under Section 1C-2 of this Code is subject to the requirements | ||||||
7 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
8 | this Code. | ||||||
9 | (l) An in-school suspension program provided by a school | ||||||
10 | district for any students in kindergarten through grade 12 may | ||||||
11 | focus on promoting non-violent conflict resolution and | ||||||
12 | positive interaction with other students and school personnel. | ||||||
13 | A school district may employ a school social worker or a | ||||||
14 | licensed mental health professional to oversee an in-school | ||||||
15 | suspension program in kindergarten through grade 12. | ||||||
16 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
17 | 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
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18 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
19 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
20 | searches. | ||||||
21 | (a) To expel students guilty of gross disobedience or | ||||||
22 | misconduct, including gross disobedience or misconduct | ||||||
23 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
24 | of this Section, and no action shall lie against them for such | ||||||
25 | expulsion. Expulsion shall take place only after the parents |
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1 | or guardians have been requested to appear at a meeting of the | ||||||
2 | board, or with a hearing officer appointed by it, to discuss | ||||||
3 | their child's behavior. Such request shall be made by | ||||||
4 | registered or certified mail and shall state the time, place | ||||||
5 | and purpose of the meeting. The board, or a hearing officer | ||||||
6 | appointed by it, at such meeting shall state the reasons for | ||||||
7 | dismissal and the date on which the expulsion is to become | ||||||
8 | effective. If a hearing officer is appointed by the board, the | ||||||
9 | hearing officer shall report to the board a written summary of | ||||||
10 | the evidence heard at the meeting and the board may take such | ||||||
11 | action thereon as it finds appropriate. If the board acts to | ||||||
12 | expel a student, the written expulsion decision shall detail | ||||||
13 | the specific reasons why removing the student from the | ||||||
14 | learning environment is in the best interest of the school. | ||||||
15 | The expulsion decision shall also include a rationale as to | ||||||
16 | the specific duration of the expulsion. An expelled student | ||||||
17 | may be immediately transferred to an alternative program in | ||||||
18 | the manner provided in Article 13A or 13B of this Code. A | ||||||
19 | student must not be denied transfer because of the expulsion, | ||||||
20 | except in cases in which such transfer is deemed to cause a | ||||||
21 | threat to the safety of students or staff in the alternative | ||||||
22 | program. | ||||||
23 | (b) To suspend or by policy to authorize the | ||||||
24 | superintendent of the district or the principal, assistant | ||||||
25 | principal, or dean of students of any school to suspend | ||||||
26 | students guilty of gross disobedience or misconduct, or to |
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1 | suspend students guilty of gross disobedience or misconduct on | ||||||
2 | the school bus from riding the school bus, pursuant to | ||||||
3 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
4 | shall lie against them for such suspension. The board may by | ||||||
5 | policy authorize the superintendent of the district or the | ||||||
6 | principal, assistant principal, or dean of students of any | ||||||
7 | school to suspend students guilty of such acts for a period not | ||||||
8 | to exceed 10 school days. If a student is suspended due to | ||||||
9 | gross disobedience or misconduct on a school bus, the board | ||||||
10 | may suspend the student in excess of 10 school days for safety | ||||||
11 | reasons. | ||||||
12 | Any suspension shall be reported immediately to the | ||||||
13 | parents or guardians of a student along with a full statement | ||||||
14 | of the reasons for such suspension and a notice of their right | ||||||
15 | to a review. The school board must be given a summary of the | ||||||
16 | notice, including the reason for the suspension and the | ||||||
17 | suspension length. Upon request of the parents or guardians, | ||||||
18 | the school board or a hearing officer appointed by it shall | ||||||
19 | review such action of the superintendent or principal, | ||||||
20 | assistant principal, or dean of students. At such review, the | ||||||
21 | parents or guardians of the student may appear and discuss the | ||||||
22 | suspension with the board or its hearing officer. If a hearing | ||||||
23 | officer is appointed by the board, he shall report to the board | ||||||
24 | a written summary of the evidence heard at the meeting. After | ||||||
25 | its hearing or upon receipt of the written report of its | ||||||
26 | hearing officer, the board may take such action as it finds |
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1 | appropriate. If a student is suspended pursuant to this | ||||||
2 | subsection (b), the board shall, in the written suspension | ||||||
3 | decision, detail the specific act of gross disobedience or | ||||||
4 | misconduct resulting in the decision to suspend. The | ||||||
5 | suspension decision shall also include a rationale as to the | ||||||
6 | specific duration of the suspension. | ||||||
7 | (b-5) Among the many possible disciplinary interventions | ||||||
8 | and consequences available to school officials, school | ||||||
9 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
10 | are the most serious. School officials shall limit the number | ||||||
11 | and duration of expulsions and suspensions to the greatest | ||||||
12 | extent practicable, and it is recommended that they use them | ||||||
13 | only for legitimate educational purposes. To ensure that | ||||||
14 | students are not excluded from school unnecessarily, it is | ||||||
15 | recommended that school officials consider forms of | ||||||
16 | non-exclusionary discipline prior to using out-of-school | ||||||
17 | suspensions or expulsions. | ||||||
18 | (b-10) Unless otherwise required by federal law or this | ||||||
19 | Code, school boards may not institute zero-tolerance policies | ||||||
20 | by which school administrators are required to suspend or | ||||||
21 | expel students for particular behaviors. | ||||||
22 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
23 | used only if the student's continuing presence in school would | ||||||
24 | pose a threat to school safety or a disruption to other | ||||||
25 | students' learning opportunities. For purposes of this | ||||||
26 | subsection (b-15), "threat to school safety or a disruption to |
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1 | other students' learning opportunities" shall be determined on | ||||||
2 | a case-by-case basis by the school board or its designee. | ||||||
3 | School officials shall make all reasonable efforts to resolve | ||||||
4 | such threats, address such disruptions, and minimize the | ||||||
5 | length of suspensions to the greatest extent practicable. | ||||||
6 | (b-20) Unless otherwise required by this Code or unless a | ||||||
7 | student is determined to have possessed on school grounds a | ||||||
8 | product that is prohibited from being sold or otherwise | ||||||
9 | distributed to the student under the Prevention of Tobacco Use | ||||||
10 | by Persons under 21 Years of Age and Sale and Distribution of | ||||||
11 | Tobacco Products Act , out-of-school suspensions of longer than | ||||||
12 | 3 days, expulsions, and disciplinary removals to alternative | ||||||
13 | schools may be used only if other appropriate and available | ||||||
14 | behavioral and disciplinary interventions have been exhausted | ||||||
15 | and the student's continuing presence in school would either | ||||||
16 | (i) pose a threat to the safety of other students, staff, or | ||||||
17 | members of the school community or (ii) substantially disrupt, | ||||||
18 | impede, or interfere with the operation of the school. For | ||||||
19 | purposes of this subsection (b-20), "threat to the safety of | ||||||
20 | other students, staff, or members of the school community" and | ||||||
21 | "substantially disrupt, impede, or interfere with the | ||||||
22 | operation of the school" shall be determined on a case-by-case | ||||||
23 | basis by school officials. For purposes of this subsection | ||||||
24 | (b-20), the determination of whether "appropriate and | ||||||
25 | available behavioral and disciplinary interventions have been | ||||||
26 | exhausted" shall be made by school officials. School officials |
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1 | shall make all reasonable efforts to resolve such threats, | ||||||
2 | address such disruptions, and minimize the length of student | ||||||
3 | exclusions to the greatest extent practicable. Within the | ||||||
4 | suspension decision described in subsection (b) of this | ||||||
5 | Section or the expulsion decision described in subsection (a) | ||||||
6 | of this Section, it shall be documented whether other | ||||||
7 | interventions were attempted or whether it was determined that | ||||||
8 | there were no other appropriate and available interventions. | ||||||
9 | (b-25) Students who are suspended out-of-school for longer | ||||||
10 | than 3 school days shall be provided appropriate and available | ||||||
11 | support services during the period of their suspension. For | ||||||
12 | purposes of this subsection (b-25), "appropriate and available | ||||||
13 | support services" shall be determined by school authorities. | ||||||
14 | Within the suspension decision described in subsection (b) of | ||||||
15 | this Section, it shall be documented whether such services are | ||||||
16 | to be provided or whether it was determined that there are no | ||||||
17 | such appropriate and available services. | ||||||
18 | A school district may refer students who are expelled to | ||||||
19 | appropriate and available support services. | ||||||
20 | A school district shall create a policy to facilitate the | ||||||
21 | re-engagement of students who are suspended out-of-school, | ||||||
22 | expelled, or returning from an alternative school setting. In | ||||||
23 | consultation with stakeholders deemed appropriate by the State | ||||||
24 | Board of Education, the State Board of Education shall draft | ||||||
25 | and publish guidance for the re-engagement of students who are | ||||||
26 | suspended out-of-school, expelled, or returning from an |
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1 | alternative school setting in accordance with this Section and | ||||||
2 | Section 13A-4 on or before July 1, 2025. | ||||||
3 | (b-30) A school district shall create a policy by which | ||||||
4 | suspended students, including those students suspended from | ||||||
5 | the school bus who do not have alternate transportation to | ||||||
6 | school, shall have the opportunity to make up work for | ||||||
7 | equivalent academic credit. It shall be the responsibility of | ||||||
8 | a student's parents or guardians to notify school officials | ||||||
9 | that a student suspended from the school bus does not have | ||||||
10 | alternate transportation to school. | ||||||
11 | (b-35) In all suspension review hearings conducted under | ||||||
12 | subsection (b) or expulsion hearings conducted under | ||||||
13 | subsection (a), a student may disclose any factor to be | ||||||
14 | considered in mitigation, including his or her status as a | ||||||
15 | parent, expectant parent, or victim of domestic or sexual | ||||||
16 | violence, as defined in Article 26A. A representative of the | ||||||
17 | parent's or guardian's choice, or of the student's choice if | ||||||
18 | emancipated, must be permitted to represent the student | ||||||
19 | throughout the proceedings and to address the school board or | ||||||
20 | its appointed hearing officer. With the approval of the | ||||||
21 | student's parent or guardian, or of the student if | ||||||
22 | emancipated, a support person must be permitted to accompany | ||||||
23 | the student to any disciplinary hearings or proceedings. The | ||||||
24 | representative or support person must comply with any rules of | ||||||
25 | the school district's hearing process. If the representative | ||||||
26 | or support person violates the rules or engages in behavior or |
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1 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
2 | witness, or anyone else in attendance at the hearing, the | ||||||
3 | representative or support person may be prohibited from | ||||||
4 | further participation in the hearing or proceeding. A | ||||||
5 | suspension or expulsion proceeding under this subsection | ||||||
6 | (b-35) must be conducted independently from any ongoing | ||||||
7 | criminal investigation or proceeding, and an absence of | ||||||
8 | pending or possible criminal charges, criminal investigations, | ||||||
9 | or proceedings may not be a factor in school disciplinary | ||||||
10 | decisions. | ||||||
11 | (b-40) During a suspension review hearing conducted under | ||||||
12 | subsection (b) or an expulsion hearing conducted under | ||||||
13 | subsection (a) that involves allegations of sexual violence by | ||||||
14 | the student who is subject to discipline, neither the student | ||||||
15 | nor his or her representative shall directly question nor have | ||||||
16 | direct contact with the alleged victim. The student who is | ||||||
17 | subject to discipline or his or her representative may, at the | ||||||
18 | discretion and direction of the school board or its appointed | ||||||
19 | hearing officer, suggest questions to be posed by the school | ||||||
20 | board or its appointed hearing officer to the alleged victim. | ||||||
21 | (c) A school board must invite a representative from a | ||||||
22 | local mental health agency to consult with the board at the | ||||||
23 | meeting whenever there is evidence that mental illness may be | ||||||
24 | the cause of a student's expulsion or suspension. | ||||||
25 | (c-5) School districts shall make reasonable efforts to | ||||||
26 | provide ongoing professional development to all school |
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1 | personnel, school board members, and school resource officers | ||||||
2 | on the requirements of this Section and Section 10-20.14, the | ||||||
3 | adverse consequences of school exclusion and justice-system | ||||||
4 | involvement, effective classroom management strategies, | ||||||
5 | culturally responsive discipline, trauma-responsive learning | ||||||
6 | environments, as defined in subsection (b) of Section 3-11, | ||||||
7 | the appropriate and available supportive services for the | ||||||
8 | promotion of student attendance and engagement, and | ||||||
9 | developmentally appropriate disciplinary methods that promote | ||||||
10 | positive and healthy school climates. | ||||||
11 | (d) The board may expel a student for a definite period of | ||||||
12 | time not to exceed 2 calendar years, as determined on a | ||||||
13 | case-by-case basis. A student who is determined to have | ||||||
14 | brought one of the following objects to school, any | ||||||
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 | (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 | Expulsion or suspension shall be construed in a manner | ||||||
10 | consistent with the federal Individuals with Disabilities | ||||||
11 | Education Act. A student who is subject to suspension or | ||||||
12 | expulsion as provided in this Section may be eligible for a | ||||||
13 | transfer to an alternative school program in accordance with | ||||||
14 | Article 13A of the School Code. | ||||||
15 | (d-5) The board may suspend or by regulation authorize the | ||||||
16 | superintendent of the district or the principal, assistant | ||||||
17 | principal, or dean of students of any school to suspend a | ||||||
18 | student for a period not to exceed 10 school days or may expel | ||||||
19 | a student for a definite period of time not to exceed 2 | ||||||
20 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
21 | that student has been determined to have made an explicit | ||||||
22 | threat on an Internet website against a school employee, a | ||||||
23 | student, or any school-related personnel, (ii) the Internet | ||||||
24 | website through which the threat was made is a site that was | ||||||
25 | accessible within the school at the time the threat was made or | ||||||
26 | was available to third parties who worked or studied within |
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1 | the school grounds at the time the threat was made, and (iii) | ||||||
2 | the threat could be reasonably interpreted as threatening to | ||||||
3 | the safety and security of the threatened individual because | ||||||
4 | of the individual's duties or employment status or status as a | ||||||
5 | student inside the school. | ||||||
6 | (e) To maintain order and security in the schools, school | ||||||
7 | authorities may inspect and search places and areas such as | ||||||
8 | lockers, desks, parking lots, and other school property and | ||||||
9 | equipment owned or controlled by the school, as well as | ||||||
10 | personal effects left in those places and areas by students, | ||||||
11 | without notice to or the consent of the student, and without a | ||||||
12 | search warrant. As a matter of public policy, the General | ||||||
13 | Assembly finds that students have no reasonable expectation of | ||||||
14 | privacy in these places and areas or in their personal effects | ||||||
15 | left in these places and areas. School authorities may request | ||||||
16 | the assistance of law enforcement officials for the purpose of | ||||||
17 | conducting inspections and searches of lockers, desks, parking | ||||||
18 | lots, and other school property and equipment owned or | ||||||
19 | controlled by the school for illegal drugs, weapons, or other | ||||||
20 | illegal or dangerous substances or materials, including | ||||||
21 | searches conducted through the use of specially trained dogs. | ||||||
22 | If a search conducted in accordance with this Section produces | ||||||
23 | evidence that the student has violated or is violating either | ||||||
24 | the law, local ordinance, or the school's policies or rules, | ||||||
25 | such evidence may be seized by school authorities, and | ||||||
26 | disciplinary action may be taken. School authorities may also |
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1 | turn over such evidence to law enforcement authorities. | ||||||
2 | (f) Suspension or expulsion may include suspension or | ||||||
3 | expulsion from school and all school activities and a | ||||||
4 | prohibition from being present on school grounds. | ||||||
5 | (g) A school district may adopt a policy providing that if | ||||||
6 | a student is suspended or expelled for any reason from any | ||||||
7 | public or private school in this or any other state, the | ||||||
8 | student must complete the entire term of the suspension or | ||||||
9 | expulsion in an alternative school program under Article 13A | ||||||
10 | of this Code or an alternative learning opportunities program | ||||||
11 | under Article 13B of this Code before being admitted into the | ||||||
12 | school district if there is no threat to the safety of students | ||||||
13 | or staff in the alternative program. A school district that | ||||||
14 | adopts a policy under this subsection (g) must include a | ||||||
15 | provision allowing for consideration of any mitigating | ||||||
16 | factors, including, but not limited to, a student's status as | ||||||
17 | a parent, expectant parent, or victim of domestic or sexual | ||||||
18 | violence, as defined in Article 26A. | ||||||
19 | (h) School officials shall not advise or encourage | ||||||
20 | students to drop out voluntarily due to behavioral or academic | ||||||
21 | difficulties. | ||||||
22 | (i) A student may not be issued a monetary fine or fee as a | ||||||
23 | disciplinary consequence, though this shall not preclude | ||||||
24 | requiring a student to provide restitution for lost, stolen, | ||||||
25 | or damaged property. | ||||||
26 | (j) Subsections (a) through (i) of this Section shall |
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| |||||||
1 | apply to elementary and secondary schools, charter schools, | ||||||
2 | special charter districts, and school districts organized | ||||||
3 | under Article 34 of this Code. | ||||||
4 | (k) Through June 30, 2026, the expulsion of students | ||||||
5 | enrolled in programs funded under Section 1C-2 of this Code is | ||||||
6 | subject to the requirements under paragraph (7) of subsection | ||||||
7 | (a) of Section 2-3.71 of this Code. | ||||||
8 | (k-5) On and after July 1, 2026, the expulsion of children | ||||||
9 | enrolled in programs funded under Section 15-25 of the | ||||||
10 | Department of Early Childhood Act is subject to the | ||||||
11 | requirements of paragraph (7) of subsection (a) of Section | ||||||
12 | 15-30 of the Department of Early Childhood Act. | ||||||
13 | (l) An in-school suspension program provided by a school | ||||||
14 | district for any students in kindergarten through grade 12 may | ||||||
15 | focus on promoting non-violent conflict resolution and | ||||||
16 | positive interaction with other students and school personnel. | ||||||
17 | A school district may employ a school social worker or a | ||||||
18 | licensed mental health professional to oversee an in-school | ||||||
19 | suspension program in kindergarten through grade 12. | ||||||
20 | (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; | ||||||
21 | 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. | ||||||
22 | 8-9-24; revised 9-25-24.)
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23 | Section 95. No acceleration or delay. Where this Act makes | ||||||
24 | changes in a statute that is represented in this Act by text | ||||||
25 | that is not yet or no longer in effect (for example, a Section |
| |||||||
| |||||||
1 | represented by multiple versions), the use of that text does | ||||||
2 | not accelerate or delay the taking effect of (i) the changes | ||||||
3 | made by this Act or (ii) provisions derived from any other | ||||||
4 | Public Act.
|