Bill Text: IL SB1400 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the contents of the bill as introduced with the following changes. Restores current law with respect to annually reviewing discipline policies. Requires the State Board of Education to consult with stakeholders in its drafted and published guidance, and requires the guidance to be drafted and published on or before July 1, 2025. Changes certain references from "early intervention" to "intervention". Makes changes concerning suspensions, school exclusions, and disciplinary removals to alternative schools. Effective immediately.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0896 [SB1400 Detail]

Download: Illinois-2023-SB1400-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1400 Introduced 2/6/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.14 from Ch. 122, par. 10-20.14
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. In provisions concerning student discipline policies, provides that the State Board of Education shall draft and publish model policy guidelines for the development of reciprocal reporting systems and school bus safety protocols and for evidence-based early intervention procedures. In provisions concerning the suspension or expulsion of students, makes changes concerning a student's gross disobedience or misconduct posing an immediate threat to the health or safety of students or school personnel, when school exclusions should be used, the number and duration of expulsions and suspensions, the implementation of proactive evidence-based interventions that improve behavioral outcomes for all students, non-exclusionary discipline, out-of-school suspensions of 3 days or less, model policy guidelines for the re-engagement of students, professional development, and the removal of children with disabilities who violate the student discipline policies from their current placement. Makes other changes. Effective immediately.
LRB103 25975 RJT 52329 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
SB1400 LRB103 25975 RJT 52329 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-20.14 and 10-22.6 as follows:
(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
Sec. 10-20.14. Student discipline policies; parent-teacher
advisory committee.
(a) To establish and maintain a parent-teacher advisory
committee to develop with the school board or governing body
of a charter school policy guidelines on student pupil
discipline, including school searches and bullying prevention
as set forth in Section 27-23.7 of this Code. School
authorities shall furnish a copy of the policy to the parents
or guardian of each student pupil within 15 days after the
beginning of the school year, or within 15 days after starting
classes for a student pupil who transfers into the district
during the school year, and the school board or governing body
of a charter school shall require that a school inform its
students pupils of the contents of the policy. School boards
and the governing bodies of charter schools, along with the
parent-teacher advisory committee, must annually evaluate
review their student pupil discipline policies, and the

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implementation of those policies, ensuring the fair and
consistent enforcement of those policies for all students and
the safety and any other factors related to the safety of their
schools, students pupils, and school personnel staff.
(a-5) On or before September 15, 2016, each elementary and
secondary school and charter school shall, at a minimum, adopt
student pupil discipline policies that fulfill the
requirements set forth in this Section, subsections (a) and
(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
if applicable, and federal and State laws that provide special
requirements for the discipline of students with disabilities.
(b) The parent-teacher advisory committee in cooperation
with local law enforcement agencies shall develop, with the
school board, policy guideline procedures to establish and
maintain a reciprocal reporting system between the school
district and local law enforcement agencies regarding criminal
offenses committed by students. School districts are
encouraged to create memoranda of understanding with local law
enforcement agencies that clearly define law enforcement's
role in schools, in accordance with Section 10-22.6 of this
Code. The State Board of Education shall draft and publish
model policy guidelines for the development of reciprocal
reporting systems in accordance with this Section.
(c) The parent-teacher advisory committee, in cooperation
with school bus personnel, shall develop, with the school
board, policy guideline procedures to establish and maintain

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school bus safety procedures. These procedures shall be
incorporated into the district's student pupil discipline
policy. The State Board of Education shall draft and publish
model policy guidelines for the development of school bus
safety procedures in accordance with this Section.
(d) As used in this subsection (d), "evidence-based
interventions" means interventions that have demonstrated a
statistically significant effect on improving student outcomes
as documented in peer-reviewed scholarly journals.
The school board, in consultation with the parent-teacher
advisory committee and other community-based organizations,
must include provisions in the student discipline policy to
address students who have demonstrated behaviors that put them
at risk for aggressive behavior, including without limitation
bullying, as defined in the policy. These provisions must
include procedures for notifying parents or legal guardians
and early intervention procedures based upon available
community-based and district resources.
Any early intervention procedures shall be evidence-based
interventions. The State Board of Education shall draft and
publish model policy guidelines for evidence-based early
intervention procedures, including examples, in consultation
with behavioral health experts and in accordance with this
Section.
(Source: P.A. 99-456, eff. 9-15-16.)

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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of students pupils;
school searches.
(a) To expel students pupils guilty of gross disobedience
or misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior, unless the student's gross disobedience or
misconduct poses an immediate threat to the health or safety
of students or school personnel. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, the
hearing officer he shall report to the board a written summary
of the evidence heard at the meeting and the board may take
such action thereon as it finds appropriate. If the board acts
to expel a student pupil, the written expulsion decision shall
detail the specific reasons why removing the student pupil
from the learning environment is in the best interest of the
school. The expulsion decision shall also include a rationale

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as to the specific duration of the expulsion. An expelled
student pupil may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code. A student pupil must not be denied transfer because of
the expulsion, except in cases in which such transfer is
deemed to cause a threat to the safety of students or staff in
the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
students pupils guilty of gross disobedience or misconduct, or
to suspend students pupils guilty of gross disobedience or
misconduct on the school bus from riding the school bus,
pursuant to subsections (b-15) and (b-20) of this Section, and
no action shall lie against them for such suspension. The
board may by policy authorize the superintendent of the
district or the principal, assistant principal, or dean of
students of any school to suspend students pupils guilty of
such acts for a period not to exceed 10 school days. If a
student pupil is suspended due to gross disobedience or
misconduct on a school bus, the board may suspend the student
pupil in excess of 10 school days for safety reasons.
Any suspension shall be reported immediately to the
parents or guardian of a student pupil along with a full
statement of the reasons for such suspension and a notice of
their right to a review. The school board must be given a

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summary of the notice, including the reason for the suspension
and the suspension length. Upon request of the parents or
guardian, the school board or a hearing officer appointed by
it shall review such action of the superintendent or
principal, assistant principal, or dean of students. At such
review, the parents or guardian of the student pupil may
appear and discuss the suspension with the board or its
hearing officer. If a hearing officer is appointed by the
board, he shall report to the board a written summary of the
evidence heard at the meeting. After its hearing or upon
receipt of the written report of its hearing officer, the
board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the
board shall, in the written suspension decision, detail the
specific act of gross disobedience or misconduct resulting in
the decision to suspend. The suspension decision shall also
include a rationale as to the specific duration of the
suspension. A student pupil who is suspended in excess of 20
school days may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code. A student pupil must not be denied transfer because of
the suspension, except in cases in which such transfer is
deemed to cause a threat to the safety of students or school
personnel staff in the alternative program.
(b-2) As used in this Section:
"Evidence-based interventions" means interventions that

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have demonstrated a statistically significant effect on
improving student outcomes documented in peer-reviewed
scholarly journals.
"Serious bodily injury" means bodily injury that involves
a substantial risk of death, extreme physical pain, protracted
and obvious disfigurement, or protracted loss or impairment of
the function of a bodily member, organ, or mental faculty.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious and should only be used when the student's
presence threatens the operation of the school or the health
or safety of students or school personnel. School officials
shall limit the number and duration of expulsions and
suspensions to the greatest extent practicable, and it is
recommended that they use them only for legitimate educational
purposes. To ensure that students are not excluded from school
unnecessarily, it is recommended that school officials
consider implementing proactive evidence-based interventions
that improve behavioral outcomes for all students. Examples of
evidence-based interventions include school-wide positive
behavioral interventions and support, restorative justice and
the entire continuum of restorative practices, social and
emotional learning programs, trauma-informed teaching
strategies, and access to appropriate school-based mental
health services. In addition, it is recommended that school

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officials consider forms of non-exclusionary discipline if
appropriate prior to using out-of-school suspensions or
expulsions. Forms of non-exclusionary discipline include
in-school suspensions that allow students to continue academic
instruction in an alternative environment, restorative
conferences, and small-group instruction on behavior
management strategies.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to the operation of the school or the health or
safety of students or school personnel school safety or a
disruption to other students' learning opportunities. For
purposes of this subsection (b-15), "threat to the operation
of the school or the health or safety of students or school
personnel school safety or a disruption to other students'
learning opportunities" shall be determined on a case-by-case
basis by the school board or its designee. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of
suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,

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and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, school personnel
staff, or members of the school community or (ii)
substantially disrupt, impede, or interfere with the operation
of the school. For purposes of this subsection (b-20), "threat
to the safety of other students, school personnel staff, or
members of the school community" and "substantially disrupt,
impede, or interfere with the operation of the school" shall
be determined on a case-by-case basis by school officials. For
purposes of this subsection (b-20), the determination of
whether "appropriate and available behavioral and disciplinary
interventions have been exhausted" shall be made by school
officials. School officials shall make all reasonable efforts
to resolve such threats, address such disruptions, and
minimize the length of student exclusions to the greatest
extent practicable. Within the suspension decision described
in subsection (b) of this Section or the expulsion decision
described in subsection (a) of this Section, it shall be
documented whether other interventions were attempted or
whether it was determined that there were no other appropriate
and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available

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support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
The State Board of Education shall draft and publish model
policy guidelines for the re-engagement of students who are
suspended out-of-school, expelled, or returning from an
alternative school setting in accordance with this Section.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended students pupils, including those students pupils
suspended from the school bus who do not have alternate
transportation to school, shall have the opportunity to make
up work for equivalent academic credit. It shall be the
responsibility of a student's pupil's parent or guardian to
notify school officials that a student pupil suspended from
the school bus does not have alternate transportation to
school.
(c) A school board must invite a representative from a

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local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) A school district School districts shall make
reasonable efforts to provide ongoing professional development
to all school personnel teachers, administrators, school board
members, school resource officers, and staff on the adverse
consequences of school exclusion and justice-system
involvement and the evidence-based interventions employed by
the district in accordance with this Section and Section
10-20.14 , effective classroom management strategies,
culturally responsive discipline, the appropriate and
available supportive services for the promotion of student
attendance and engagement, and developmentally appropriate
disciplinary methods that promote positive and healthy school
climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
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:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,

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firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-3) The board may move a child with a disability, as
defined in the federal Individuals with Disabilities Education
Act, who violates the student discipline policies from the
child's current placement to an appropriate interim
alternative educational setting or another setting or suspend
the child for not more than 10 school days. Within 10 school

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days after any decision to change the placement of a child with
a disability because of a violation of the student discipline
policies, the board, in consultation with the child's
individualized education program team, shall review all
relevant information to determine if the conduct in question
was caused by or had a direct and substantial relationship to
the child's disability or if the conduct in question was the
direct result of the school district's failure to implement
the individualized education program.
If the board, in consultation with the child's
individualized education program team, determines that the
conduct in question was a manifestation of the child's
disability, the individualized education program team shall
(i) conduct a functional behavior assessment; (ii) implement a
behavioral intervention plan for the child or, in situations
in which a behavioral intervention plan has been developed,
review the behavioral intervention plan and modify it as
necessary to address the behavior; and (iii) return the child
to the placement from which the student was removed, unless
the parents or guardian and board agree to a change of
placement as part of the modification of the behavioral
intervention plan.
If school personnel seek to order a change in placement
that would exceed 10 school days and the behavior that gave
rise to the violation is determined not to be a manifestation
of the child's disability, the relevant disciplinary

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procedures applicable to students who do not have a disability
may be applied to the child in the same manner and for the same
duration in which the procedures would be applied to students
without disabilities. The district may move a child with a
disability to an interim alternative educational setting for
not more than 45 school days without regard to whether the
behavior is determined to be a manifestation of the child's
disability if the child (i) carries a weapon to or possesses a
weapon at school or on school premises or carries a weapon to
or possesses a weapon at a school function in accordance with
subsection (d); (ii) knowingly possesses or uses illegal drugs
or sells or solicits the sale of a controlled substance while
at school, on school premises, or at a school function; or
(iii) has inflicted serious bodily injury upon another person
while at school, on school premises, or at a school function.
A child with a disability who is removed from the
student's current placement, irrespective of whether the
behavior is determined to be a manifestation of the child's
disability, shall continue to receive educational services so
as to enable the child to participate in the general education
curriculum, although in another setting, and to progress
toward meeting the goals set out in the individualized
education program, and receive, as appropriate, a functional
behavior assessment and behavioral intervention services and
modifications that are designed to address the behavior
violation so that it does not recur.

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(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of the individual's his or her duties or employment status or
status as a student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects

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left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage

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students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of students children enrolled in
programs funded under Section 1C-2 of this Code is subject to
the requirements under paragraph (7) of subsection (a) of
Section 2-3.71 of this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)

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Sec. 10-22.6. Suspension or expulsion of students pupils;
school searches.
(a) To expel students pupils guilty of gross disobedience
or misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior, unless the student's gross
disobedience or misconduct poses an immediate threat to the
health or safety of students or school personnel. Such request
shall be made by registered or certified mail and shall state
the time, place and purpose of the meeting. The board, or a
hearing officer appointed by it, at such meeting shall state
the reasons for dismissal and the date on which the expulsion
is to become effective. If a hearing officer is appointed by
the board, the hearing officer he shall report to the board a
written summary of the evidence heard at the meeting and the
board may take such action thereon as it finds appropriate. If
the board acts to expel a student pupil, the written expulsion
decision shall detail the specific reasons why removing the
student pupil from the learning environment is in the best
interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled student pupil may be immediately

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transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A student pupil must not be
denied transfer because of the expulsion, except in cases in
which such transfer is deemed to cause a threat to the safety
of students or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
students pupils guilty of gross disobedience or misconduct, or
to suspend students pupils guilty of gross disobedience or
misconduct on the school bus from riding the school bus,
pursuant to subsections (b-15) and (b-20) of this Section, and
no action shall lie against them for such suspension. The
board may by policy authorize the superintendent of the
district or the principal, assistant principal, or dean of
students of any school to suspend students pupils guilty of
such acts for a period not to exceed 10 school days. If a
student pupil is suspended due to gross disobedience or
misconduct on a school bus, the board may suspend the student
pupil in excess of 10 school days for safety reasons.
Any suspension shall be reported immediately to the
parents or guardians of a student pupil along with a full
statement of the reasons for such suspension and a notice of
their right to a review. The school board must be given a
summary of the notice, including the reason for the suspension
and the suspension length. Upon request of the parents or

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guardians, the school board or a hearing officer appointed by
it shall review such action of the superintendent or
principal, assistant principal, or dean of students. At such
review, the parents or guardians of the student pupil may
appear and discuss the suspension with the board or its
hearing officer. If a hearing officer is appointed by the
board, he shall report to the board a written summary of the
evidence heard at the meeting. After its hearing or upon
receipt of the written report of its hearing officer, the
board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the
board shall, in the written suspension decision, detail the
specific act of gross disobedience or misconduct resulting in
the decision to suspend. The suspension decision shall also
include a rationale as to the specific duration of the
suspension. A student pupil who is suspended in excess of 20
school days may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code. A student pupil must not be denied transfer because of
the suspension, except in cases in which such transfer is
deemed to cause a threat to the safety of students or school
personnel staff in the alternative program.
(b-2) As used in this Section:
"Evidence-based interventions" means interventions that
have demonstrated a statistically significant effect on
improving student outcomes documented in peer-reviewed

SB1400 - 21 - LRB103 25975 RJT 52329 b
scholarly journals.
"Serious bodily injury" means bodily injury that involves
a substantial risk of death, extreme physical pain, protracted
and obvious disfigurement, or protracted loss or impairment of
the function of a bodily member, organ, or mental faculty.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious and should only be used when the student's
presence threatens the operation of the school or the health
or safety of students or school personnel. School officials
shall limit the number and duration of expulsions and
suspensions to the greatest extent practicable, and it is
recommended that they use them only for legitimate educational
purposes. To ensure that students are not excluded from school
unnecessarily, it is recommended that school officials
consider implementing proactive evidence-based interventions
that improve behavioral outcomes for all students. Examples of
evidence-based interventions include school-wide positive
behavioral interventions and support, restorative justice and
the entire continuum of restorative practices, social and
emotional learning programs, trauma-informed teaching
strategies, and access to appropriate school-based mental
health services. In addition, it is recommended that school
officials consider forms of non-exclusionary discipline if
appropriate prior to using out-of-school suspensions or

SB1400 - 22 - LRB103 25975 RJT 52329 b
expulsions. Forms of non-exclusionary discipline include
in-school suspensions that allow students to continue academic
instruction in an alternative environment, restorative
conferences, and small-group instruction on behavior
management strategies.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to the operation of the school or the health or
safety of students or school personnel school safety or a
disruption to other students' learning opportunities. For
purposes of this subsection (b-15), "threat to the operation
of the school or the health or safety of students or school
personnel school safety or a disruption to other students'
learning opportunities" shall be determined on a case-by-case
basis by the school board or its designee. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of
suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and

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

SB1400 - 24 - LRB103 25975 RJT 52329 b
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
The State Board of Education shall draft and publish model
policy guidelines for the re-engagement of students who are
suspended out-of-school, expelled, or returning from an
alternative school setting in accordance with this Section.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended students pupils, including those students pupils
suspended from the school bus who do not have alternate
transportation to school, shall have the opportunity to make
up work for equivalent academic credit. It shall be the
responsibility of a student's pupil's parents or guardians to
notify school officials that a student pupil suspended from
the school bus does not have alternate transportation to
school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be

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considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by

SB1400 - 26 - LRB103 25975 RJT 52329 b
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) A school district School districts shall make
reasonable efforts to provide ongoing professional development
to all school personnel teachers, administrators, school board
members, school resource officers, and staff on the adverse
consequences of school exclusion and justice-system
involvement and the evidence-based interventions employed by
the district in accordance with this Section and Section
10-20.14 , effective classroom management strategies,
culturally responsive discipline, the appropriate and
available supportive services for the promotion of student
attendance and engagement, and developmentally appropriate
disciplinary methods that promote positive and healthy school
climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a

SB1400 - 27 - LRB103 25975 RJT 52329 b
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
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:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a

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transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-3) The board may move a child with a disability, as
defined in the federal Individuals with Disabilities Education
Act, who violates the student discipline policies from the
child's current placement to an appropriate interim
alternative educational setting or another setting or suspend
the child for not more than 10 school days. Within 10 school
days after any decision to change the placement of a child with
a disability because of a violation of the student discipline
policies, the board, in consultation with the child's
individualized education program team, shall review all
relevant information to determine if the conduct in question
was caused by or had a direct and substantial relationship to
the child's disability or if the conduct in question was the
direct result of the school district's failure to implement
the individualized education program.
If the board, in consultation with the child's
individualized education program team, determines that the
conduct in question was a manifestation of the child's
disability, the individualized education program team shall
(i) conduct a functional behavior assessment; (ii) implement a
behavioral intervention plan for the child or, in situations
in which a behavioral intervention plan has been developed,
review the behavioral intervention plan and modify it as
necessary to address the behavior; and (iii) return the child

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to the placement from which the student was removed, unless
the parents or guardian and board agree to a change of
placement as part of the modification of the behavioral
intervention plan.
If school personnel seek to order a change in placement
that would exceed 10 school days and the behavior that gave
rise to the violation is determined not to be a manifestation
of the child's disability, the relevant disciplinary
procedures applicable to students who do not have a disability
may be applied to the child in the same manner and for the same
duration in which the procedures would be applied to students
without disabilities. The district may move a child with a
disability to an interim alternative educational setting for
not more than 45 school days without regard to whether the
behavior is determined to be a manifestation of the child's
disability if the child (i) carries a weapon to or possesses a
weapon at school or on school premises or carries a weapon to
or possesses a weapon at a school function in accordance with
subsection (d); (ii) knowingly possesses or uses illegal drugs
or sells or solicits the sale of a controlled substance while
at school, on school premises, or at a school function; or
(iii) has inflicted serious bodily injury upon another person
while at school, on school premises, or at a school function.
A child with a disability who is removed from the
student's current placement, irrespective of whether the
behavior is determined to be a manifestation of the child's

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disability, shall continue to receive educational services so
as to enable the child to participate in the general education
curriculum, although in another setting, and to progress
toward meeting the goals set out in the individualized
education program, and receive, as appropriate, a functional
behavior assessment and behavioral intervention services and
modifications that are designed to address the behavior
violation so that it does not recur.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of the individual's his or her duties or employment status or
status as a student inside the school.
(e) To maintain order and security in the schools, school

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authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any

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public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of students children enrolled in
programs funded under Section 1C-2 of this Code is subject to
the requirements under paragraph (7) of subsection (a) of

SB1400 - 33 - LRB103 25975 RJT 52329 b
Section 2-3.71 of this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.