Bill Text: IL SB0098 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-17 - Referred to Assignments [SB0098 Detail]

Download: Illinois-2025-SB0098-Introduced.html

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.
LRB104 03089 LNS 13107 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

SB0098LRB104 03089 LNS 13107 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
510-22.6 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
9searches.
10 (a) To expel students guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior. Such request shall be made by registered or
18certified mail and shall state the time, place and purpose of
19the meeting. The board, or a hearing officer appointed by it,
20at such meeting shall state the reasons for dismissal and the
21date on which the expulsion is to become effective. If a
22hearing officer is appointed by the board, the hearing officer
23shall report to the board a written summary of the evidence

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1heard at the meeting and the board may take such action thereon
2as it finds appropriate. If the board acts to expel a student,
3the written expulsion decision shall detail the specific
4reasons why removing the student from the learning environment
5is in the best interest of the school. The expulsion decision
6shall also include a rationale as to the specific duration of
7the expulsion. An expelled student may be immediately
8transferred to an alternative program in the manner provided
9in Article 13A or 13B of this Code. A student must not be
10denied transfer because of the expulsion, except in cases in
11which such transfer is deemed to cause a threat to the safety
12of students or staff in the alternative program.
13 (b) To suspend or by policy to authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend
16students guilty of gross disobedience or misconduct, or to
17suspend students guilty of gross disobedience or misconduct on
18the school bus from riding the school bus, pursuant to
19subsections (b-15) and (b-20) of this Section, and no action
20shall lie against them for such suspension. The board may by
21policy authorize the superintendent of the district or the
22principal, assistant principal, or dean of students of any
23school to suspend students guilty of such acts for a period not
24to exceed 10 school days. If a student is suspended due to
25gross disobedience or misconduct on a school bus, the board
26may suspend the student in excess of 10 school days for safety

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1reasons.
2 Any suspension shall be reported immediately to the
3parents or guardian of a student along with a full statement of
4the reasons for such suspension and a notice of their right to
5a review. The school board must be given a summary of the
6notice, including the reason for the suspension and the
7suspension length. Upon request of the parents or guardian,
8the school board or a hearing officer appointed by it shall
9review such action of the superintendent or principal,
10assistant principal, or dean of students. At such review, the
11parents or guardian of the student may appear and discuss the
12suspension with the board or its hearing officer. If a hearing
13officer is appointed by the board, he shall report to the board
14a written summary of the evidence heard at the meeting. After
15its hearing or upon receipt of the written report of its
16hearing officer, the board may take such action as it finds
17appropriate. If a student is suspended pursuant to this
18subsection (b), the board shall, in the written suspension
19decision, detail the specific act of gross disobedience or
20misconduct resulting in the decision to suspend. The
21suspension decision shall also include a rationale as to the
22specific duration of the suspension.
23 (b-5) Among the many possible disciplinary interventions
24and consequences available to school officials, school
25exclusions, such as out-of-school suspensions and expulsions,
26are the most serious. School officials shall limit the number

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1and duration of expulsions and suspensions to the greatest
2extent practicable, and it is recommended that they use them
3only for legitimate educational purposes. To ensure that
4students are not excluded from school unnecessarily, it is
5recommended that school officials consider forms of
6non-exclusionary discipline prior to using out-of-school
7suspensions or expulsions.
8 (b-10) Unless otherwise required by federal law or this
9Code, school boards may not institute zero-tolerance policies
10by which school administrators are required to suspend or
11expel students for particular behaviors.
12 (b-15) Out-of-school suspensions of 3 days or less may be
13used only if the student's continuing presence in school would
14pose a threat to school safety or a disruption to other
15students' learning opportunities. For purposes of this
16subsection (b-15), "threat to school safety or a disruption to
17other students' learning opportunities" shall be determined on
18a case-by-case basis by the school board or its designee.
19School officials shall make all reasonable efforts to resolve
20such threats, address such disruptions, and minimize the
21length of suspensions to the greatest extent practicable.
22 (b-20) Unless otherwise required by this Code,
23out-of-school suspensions of longer than 3 days, expulsions,
24and disciplinary removals to alternative schools may be used
25only if other appropriate and available behavioral and
26disciplinary interventions have been exhausted and the

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1student's continuing presence in school would either (i) pose
2a threat to the safety of other students, staff, or members of
3the school community or (ii) substantially disrupt, impede, or
4interfere with the operation of the school. For purposes of
5this subsection (b-20), "threat to the safety of other
6students, staff, or members of the school community" and
7"substantially disrupt, impede, or interfere with the
8operation of the school" shall be determined on a case-by-case
9basis by school officials. For purposes of this subsection
10(b-20), the determination of whether "appropriate and
11available behavioral and disciplinary interventions have been
12exhausted" shall be made by school officials. School officials
13shall make all reasonable efforts to resolve such threats,
14address such disruptions, and minimize the length of student
15exclusions to the greatest extent practicable. Within the
16suspension decision described in subsection (b) of this
17Section or the expulsion decision described in subsection (a)
18of this Section, it shall be documented whether other
19interventions were attempted or whether it was determined that
20there were no other appropriate and available interventions.
21 (b-25) Students who are suspended out-of-school for longer
22than 3 school days shall be provided appropriate and available
23support services during the period of their suspension. For
24purposes of this subsection (b-25), "appropriate and available
25support services" shall be determined by school authorities.
26Within the suspension decision described in subsection (b) of

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1this Section, it shall be documented whether such services are
2to be provided or whether it was determined that there are no
3such appropriate and available services.
4 A school district may refer students who are expelled to
5appropriate and available support services.
6 A school district shall create a policy to facilitate the
7re-engagement of students who are suspended out-of-school,
8expelled, or returning from an alternative school setting. In
9consultation with stakeholders deemed appropriate by the State
10Board of Education, the State Board of Education shall draft
11and publish guidance for the re-engagement of students who are
12suspended out-of-school, expelled, or returning from an
13alternative school setting in accordance with this Section and
14Section 13A-4 on or before July 1, 2025.
15 (b-30) A school district shall create a policy by which
16suspended students, including those students suspended from
17the school bus who do not have alternate transportation to
18school, shall have the opportunity to make up work for
19equivalent academic credit. It shall be the responsibility of
20a student's parent or guardian to notify school officials that
21a student suspended from the school bus does not have
22alternate transportation to school.
23 (c) A school board must invite a representative from a
24local mental health agency to consult with the board at the
25meeting whenever there is evidence that mental illness may be
26the cause of a student's expulsion or suspension.

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1 (c-5) School districts shall make reasonable efforts to
2provide ongoing professional development to all school
3personnel, school board members, and school resource officers,
4on the requirements of this Section and Section 10-20.14, the
5adverse consequences of school exclusion and justice-system
6involvement, effective classroom management strategies,
7culturally responsive discipline, trauma-responsive learning
8environments, as defined in subsection (b) of Section 3-11,
9the appropriate and available supportive services for the
10promotion of student attendance and engagement, and
11developmentally appropriate disciplinary methods that promote
12positive and healthy school climates.
13 (d) The board may expel a student for a definite period of
14time not to exceed 2 calendar years, as determined on a
15case-by-case basis.
16 A student who is determined to have brought one of the
17following objects to school, any school-sponsored activity or
18event, or any activity or event that bears a reasonable
19relationship to school shall be expelled for a period of not
20less 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

SB0098- 8 -LRB104 03089 LNS 13107 b
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
13violence, sexual assault, or sexual activity with an
14individual without the individual's consent at a school, a
15school-sponsored activity or event, or any activity or event
16that bears a reasonable relationship to school shall be
17expelled for a period of not less than one year.
18 Expulsion or suspension shall be construed in a manner
19consistent with the federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code.
24 (d-5) The board may suspend or by regulation authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend a

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1student for a period not to exceed 10 school days or may expel
2a student for a definite period of time not to exceed 2
3calendar years, as determined on a case-by-case basis, if (i)
4that student has been determined to have made an explicit
5threat on an Internet website against a school employee, a
6student, or any school-related personnel, (ii) the Internet
7website through which the threat was made is a site that was
8accessible within the school at the time the threat was made or
9was available to third parties who worked or studied within
10the school grounds at the time the threat was made, and (iii)
11the threat could be reasonably interpreted as threatening to
12the safety and security of the threatened individual because
13of the individual's duties or employment status or status as a
14student inside the school.
15 (e) To maintain order and security in the schools, school
16authorities may inspect and search places and areas such as
17lockers, desks, parking lots, and other school property and
18equipment owned or controlled by the school, as well as
19personal effects left in those places and areas by students,
20without notice to or the consent of the student, and without a
21search warrant. As a matter of public policy, the General
22Assembly finds that students have no reasonable expectation of
23privacy in these places and areas or in their personal effects
24left in these places and areas. School authorities may request
25the assistance of law enforcement officials for the purpose of
26conducting inspections and searches of lockers, desks, parking

SB0098- 10 -LRB104 03089 LNS 13107 b
1lots, and other school property and equipment owned or
2controlled by the school for illegal drugs, weapons, or other
3illegal or dangerous substances or materials, including
4searches conducted through the use of specially trained dogs.
5If a search conducted in accordance with this Section produces
6evidence that the student has violated or is violating either
7the law, local ordinance, or the school's policies or rules,
8such evidence may be seized by school authorities, and
9disciplinary action may be taken. School authorities may also
10turn over such evidence to law enforcement authorities.
11 (f) Suspension or expulsion may include suspension or
12expulsion from school and all school activities and a
13prohibition from being present on school grounds.
14 (g) A school district may adopt a policy providing that if
15a student is suspended or expelled for any reason from any
16public or private school in this or any other state, the
17student must complete the entire term of the suspension or
18expulsion in an alternative school program under Article 13A
19of this Code or an alternative learning opportunities program
20under Article 13B of this Code before being admitted into the
21school district if there is no threat to the safety of students
22or staff in the alternative program.
23 (h) School officials shall not advise or encourage
24students to drop out voluntarily due to behavioral or academic
25difficulties.
26 (i) A student may not be issued a monetary fine or fee as a

SB0098- 11 -LRB104 03089 LNS 13107 b
1disciplinary consequence, though this shall not preclude
2requiring a student to provide restitution for lost, stolen,
3or damaged property.
4 (j) Subsections (a) through (i) of this Section shall
5apply to elementary and secondary schools, charter schools,
6special charter districts, and school districts organized
7under Article 34 of this Code.
8 (k) The expulsion of students enrolled in programs funded
9under Section 1C-2 of this Code is subject to the requirements
10under paragraph (7) of subsection (a) of Section 2-3.71 of
11this Code.
12 (l) An in-school suspension program provided by a school
13district for any students in kindergarten through grade 12 may
14focus on promoting non-violent conflict resolution and
15positive interaction with other students and school personnel.
16A school district may employ a school social worker or a
17licensed mental health professional to oversee an in-school
18suspension program in kindergarten through grade 12.
19(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
20103-594, 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
23searches.
24 (a) To expel students guilty of gross disobedience or
25misconduct, including gross disobedience or misconduct

SB0098- 12 -LRB104 03089 LNS 13107 b
1perpetuated by electronic means, pursuant to subsection (b-20)
2of this Section, and no action shall lie against them for such
3expulsion. Expulsion shall take place only after the parents
4or guardians have been requested to appear at a meeting of the
5board, or with a hearing officer appointed by it, to discuss
6their child's behavior. Such request shall be made by
7registered or certified mail and shall state the time, place
8and purpose of the meeting. The board, or a hearing officer
9appointed by it, at such meeting shall state the reasons for
10dismissal and the date on which the expulsion is to become
11effective. If a hearing officer is appointed by the board, the
12hearing officer shall report to the board a written summary of
13the evidence heard at the meeting and the board may take such
14action thereon as it finds appropriate. If the board acts to
15expel a student, the written expulsion decision shall detail
16the specific reasons why removing the student from the
17learning environment is in the best interest of the school.
18The expulsion decision shall also include a rationale as to
19the specific duration of the expulsion. An expelled student
20may be immediately transferred to an alternative program in
21the manner provided in Article 13A or 13B of this Code. A
22student must not be denied transfer because of the expulsion,
23except in cases in which such transfer is deemed to cause a
24threat to the safety of students or staff in the alternative
25program.
26 (b) To suspend or by policy to authorize the

SB0098- 13 -LRB104 03089 LNS 13107 b
1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend
3students guilty of gross disobedience or misconduct, or to
4suspend students guilty of gross disobedience or misconduct on
5the school bus from riding the school bus, pursuant to
6subsections (b-15) and (b-20) of this Section, and no action
7shall lie against them for such suspension. The board may by
8policy authorize the superintendent of the district or the
9principal, assistant principal, or dean of students of any
10school to suspend students guilty of such acts for a period not
11to exceed 10 school days. If a student is suspended due to
12gross disobedience or misconduct on a school bus, the board
13may suspend the student in excess of 10 school days for safety
14reasons.
15 Any suspension shall be reported immediately to the
16parents or guardians of a student along with a full statement
17of the reasons for such suspension and a notice of their right
18to a review. The school board must be given a summary of the
19notice, including the reason for the suspension and the
20suspension length. Upon request of the parents or guardians,
21the school board or a hearing officer appointed by it shall
22review such action of the superintendent or principal,
23assistant principal, or dean of students. At such review, the
24parents or guardians of the student may appear and discuss the
25suspension with the board or its hearing officer. If a hearing
26officer is appointed by the board, he shall report to the board

SB0098- 14 -LRB104 03089 LNS 13107 b
1a written summary of the evidence heard at the meeting. After
2its hearing or upon receipt of the written report of its
3hearing officer, the board may take such action as it finds
4appropriate. If a student is suspended pursuant to this
5subsection (b), the board shall, in the written suspension
6decision, detail the specific act of gross disobedience or
7misconduct resulting in the decision to suspend. The
8suspension decision shall also include a rationale as to the
9specific duration of the suspension.
10 (b-5) Among the many possible disciplinary interventions
11and consequences available to school officials, school
12exclusions, such as out-of-school suspensions and expulsions,
13are the most serious. School officials shall limit the number
14and duration of expulsions and suspensions to the greatest
15extent practicable, and it is recommended that they use them
16only for legitimate educational purposes. To ensure that
17students are not excluded from school unnecessarily, it is
18recommended that school officials consider forms of
19non-exclusionary discipline prior to using out-of-school
20suspensions or expulsions.
21 (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25 (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's continuing presence in school would

SB0098- 15 -LRB104 03089 LNS 13107 b
1pose a threat to school safety or a disruption to other
2students' learning opportunities. For purposes of this
3subsection (b-15), "threat to school safety or a disruption to
4other students' learning opportunities" shall be determined on
5a case-by-case basis by the school board or its designee.
6School officials shall make all reasonable efforts to resolve
7such threats, address such disruptions, and minimize the
8length of suspensions to the greatest extent practicable.
9 (b-20) Unless otherwise required by this Code,
10out-of-school suspensions of longer than 3 days, expulsions,
11and disciplinary removals to alternative schools may be used
12only if other appropriate and available behavioral and
13disciplinary interventions have been exhausted and the
14student's continuing presence in school would either (i) pose
15a threat to the safety of other students, staff, or members of
16the school community or (ii) substantially disrupt, impede, or
17interfere with the operation of the school. For purposes of
18this subsection (b-20), "threat to the safety of other
19students, staff, or members of the school community" and
20"substantially disrupt, impede, or interfere with the
21operation of the school" shall be determined on a case-by-case
22basis by school officials. For purposes of this subsection
23(b-20), the determination of whether "appropriate and
24available behavioral and disciplinary interventions have been
25exhausted" shall be made by school officials. School officials
26shall make all reasonable efforts to resolve such threats,

SB0098- 16 -LRB104 03089 LNS 13107 b
1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section or the expulsion decision described in subsection (a)
5of this Section, it shall be documented whether other
6interventions were attempted or whether it was determined that
7there were no other appropriate and available interventions.
8 (b-25) Students who are suspended out-of-school for longer
9than 3 school days shall be provided appropriate and available
10support services during the period of their suspension. For
11purposes of this subsection (b-25), "appropriate and available
12support services" shall be determined by school authorities.
13Within the suspension decision described in subsection (b) of
14this Section, it shall be documented whether such services are
15to be provided or whether it was determined that there are no
16such appropriate and available services.
17 A school district may refer students who are expelled to
18appropriate and available support services.
19 A school district shall create a policy to facilitate the
20re-engagement of students who are suspended out-of-school,
21expelled, or returning from an alternative school setting. In
22consultation with stakeholders deemed appropriate by the State
23Board of Education, the State Board of Education shall draft
24and publish guidance for the re-engagement of students who are
25suspended out-of-school, expelled, or returning from an
26alternative school setting in accordance with this Section and

SB0098- 17 -LRB104 03089 LNS 13107 b
1Section 13A-4 on or before July 1, 2025.
2 (b-30) A school district shall create a policy by which
3suspended students, including those students suspended from
4the school bus who do not have alternate transportation to
5school, shall have the opportunity to make up work for
6equivalent academic credit. It shall be the responsibility of
7a student's parents or guardians to notify school officials
8that a student suspended from the school bus does not have
9alternate transportation to school.
10 (b-35) In all suspension review hearings conducted under
11subsection (b) or expulsion hearings conducted under
12subsection (a), a student may disclose any factor to be
13considered in mitigation, including his or her status as a
14parent, expectant parent, or victim of domestic or sexual
15violence, as defined in Article 26A. A representative of the
16parent's or guardian's choice, or of the student's choice if
17emancipated, must be permitted to represent the student
18throughout the proceedings and to address the school board or
19its appointed hearing officer. With the approval of the
20student's parent or guardian, or of the student if
21emancipated, a support person must be permitted to accompany
22the student to any disciplinary hearings or proceedings. The
23representative or support person must comply with any rules of
24the school district's hearing process. If the representative
25or support person violates the rules or engages in behavior or
26advocacy that harasses, abuses, or intimidates either party, a

SB0098- 18 -LRB104 03089 LNS 13107 b
1witness, or anyone else in attendance at the hearing, the
2representative or support person may be prohibited from
3further participation in the hearing or proceeding. A
4suspension or expulsion proceeding under this subsection
5(b-35) must be conducted independently from any ongoing
6criminal investigation or proceeding, and an absence of
7pending or possible criminal charges, criminal investigations,
8or proceedings may not be a factor in school disciplinary
9decisions.
10 (b-40) During a suspension review hearing conducted under
11subsection (b) or an expulsion hearing conducted under
12subsection (a) that involves allegations of sexual violence by
13the student who is subject to discipline, neither the student
14nor his or her representative shall directly question nor have
15direct contact with the alleged victim. The student who is
16subject to discipline or his or her representative may, at the
17discretion and direction of the school board or its appointed
18hearing officer, suggest questions to be posed by the school
19board or its appointed hearing officer to the alleged victim.
20 (c) A school board must invite a representative from a
21local mental health agency to consult with the board at the
22meeting whenever there is evidence that mental illness may be
23the cause of a student's expulsion or suspension.
24 (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to all school
26personnel, school board members, and school resource officers

SB0098- 19 -LRB104 03089 LNS 13107 b
1on the requirements of this Section and Section 10-20.14, the
2adverse consequences of school exclusion and justice-system
3involvement, effective classroom management strategies,
4culturally responsive discipline, trauma-responsive learning
5environments, as defined in subsection (b) of Section 3-11,
6the appropriate and available supportive services for the
7promotion of student attendance and engagement, and
8developmentally appropriate disciplinary methods that promote
9positive and healthy school climates.
10 (d) The board may expel a student for a definite period of
11time not to exceed 2 calendar years, as determined on a
12case-by-case basis.
13 A student who is determined to have brought one of the
14following objects to school, any school-sponsored activity or
15event, or any activity or event that bears a reasonable
16relationship to school shall be expelled for a period of not
17less 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.

SB0098- 20 -LRB104 03089 LNS 13107 b
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
10violence, sexual assault, or sexual activity with an
11individual without the individual's consent at a school, a
12school-sponsored activity or event, or any activity or event
13that bears a reasonable relationship to school shall be
14expelled for a period of not less than one year.
15 Expulsion or suspension shall be construed in a manner
16consistent with the federal Individuals with Disabilities
17Education Act. A student who is subject to suspension or
18expulsion as provided in this Section may be eligible for a
19transfer to an alternative school program in accordance with
20Article 13A of the School Code.
21 (d-5) The board may suspend or by regulation authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend a
24student for a period not to exceed 10 school days or may expel
25a student for a definite period of time not to exceed 2
26calendar years, as determined on a case-by-case basis, if (i)

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1that student has been determined to have made an explicit
2threat on an Internet website against a school employee, a
3student, or any school-related personnel, (ii) the Internet
4website through which the threat was made is a site that was
5accessible within the school at the time the threat was made or
6was available to third parties who worked or studied within
7the school grounds at the time the threat was made, and (iii)
8the threat could be reasonably interpreted as threatening to
9the safety and security of the threatened individual because
10of the individual's duties or employment status or status as a
11student inside the school.
12 (e) To maintain order and security in the schools, school
13authorities may inspect and search places and areas such as
14lockers, desks, parking lots, and other school property and
15equipment owned or controlled by the school, as well as
16personal effects left in those places and areas by students,
17without notice to or the consent of the student, and without a
18search warrant. As a matter of public policy, the General
19Assembly finds that students have no reasonable expectation of
20privacy in these places and areas or in their personal effects
21left in these places and areas. School authorities may request
22the assistance of law enforcement officials for the purpose of
23conducting inspections and searches of lockers, desks, parking
24lots, and other school property and equipment owned or
25controlled by the school for illegal drugs, weapons, or other
26illegal or dangerous substances or materials, including

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1searches conducted through the use of specially trained dogs.
2If a search conducted in accordance with this Section produces
3evidence that the student has violated or is violating either
4the law, local ordinance, or the school's policies or rules,
5such evidence may be seized by school authorities, and
6disciplinary action may be taken. School authorities may also
7turn over such evidence to law enforcement authorities.
8 (f) Suspension or expulsion may include suspension or
9expulsion from school and all school activities and a
10prohibition from being present on school grounds.
11 (g) A school district may adopt a policy providing that if
12a student is suspended or expelled for any reason from any
13public or private school in this or any other state, the
14student must complete the entire term of the suspension or
15expulsion in an alternative school program under Article 13A
16of this Code or an alternative learning opportunities program
17under Article 13B of this Code before being admitted into the
18school district if there is no threat to the safety of students
19or staff in the alternative program. A school district that
20adopts a policy under this subsection (g) must include a
21provision allowing for consideration of any mitigating
22factors, including, but not limited to, a student's status as
23a parent, expectant parent, or victim of domestic or sexual
24violence, as defined in Article 26A.
25 (h) School officials shall not advise or encourage
26students to drop out voluntarily due to behavioral or academic

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1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen,
5or damaged property.
6 (j) Subsections (a) through (i) of this Section shall
7apply to elementary and secondary schools, charter schools,
8special charter districts, and school districts organized
9under Article 34 of this Code.
10 (k) Through June 30, 2026, the expulsion of students
11enrolled in programs funded under Section 1C-2 of this Code is
12subject 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
15enrolled in programs funded under Section 15-25 of the
16Department of Early Childhood Act is subject to the
17requirements of paragraph (7) of subsection (a) of Section
1815-30 of the Department of Early Childhood Act.
19 (l) An in-school suspension program provided by a school
20district for any students in kindergarten through grade 12 may
21focus on promoting non-violent conflict resolution and
22positive interaction with other students and school personnel.
23A school district may employ a school social worker or a
24licensed mental health professional to oversee an in-school
25suspension 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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1102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
28-9-24; revised 9-25-24.)
3 Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
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