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

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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-Chaptered.html

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Public Act 103-0896
SB1400 Enrolled 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 review their
student pupil discipline policies and , the implementation of

those policies, 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. In consultation with stakeholders deemed appropriate by
the State Board of Education, the State Board of Education
shall draft and publish guidance for the development of
reciprocal reporting systems in accordance with this Section
on or before July 1, 2025.
(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

school bus safety procedures. These procedures shall be
incorporated into the district's student pupil discipline
policy. In consultation with stakeholders deemed appropriate
by the State Board of Education, the State Board of Education
shall draft and publish guidance for school bus safety
procedures in accordance with this Section on or before July
1, 2025.
(d) As used in this subsection (d), "evidence-based
intervention" means intervention that has 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.
In consultation with behavioral health experts, the State
Board of Education shall draft and publish guidance for
evidence-based intervention procedures, including examples, in
accordance with this Section on or before July 1, 2025.
(Source: P.A. 99-456, eff. 9-15-16.)

(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. 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 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
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 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
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 staff in the alternative
program.
(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. 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 forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(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 school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to 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
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, 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, 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 3 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 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.
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. In
consultation with stakeholders deemed appropriate by the State
Board of Education, the State Board of Education shall draft
and publish guidance 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 and
Section 13A-4 on or before July 1, 2025.
(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
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) School districts shall make reasonable efforts to
provide ongoing professional development to all school
personnel teachers, administrators, school board members, and
school resource officers, and staff on the requirements of
this Section and Section 10-20.14, the adverse consequences of
school exclusion and justice-system involvement, effective
classroom management strategies, culturally responsive
discipline, trauma-responsive learning environments, as
defined in subsection (b) of Section 3-11, 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,
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-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
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
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) An 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)
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. 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 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
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 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
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 staff in the alternative
program.
(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. 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 forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(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 school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to 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
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, 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, 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 3 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 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.
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. In

consultation with stakeholders deemed appropriate by the State
Board of Education, the State Board of Education shall draft
and publish guidance 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 and
Section 13A-4 on or before July 1, 2025.
(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
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
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) School districts shall make reasonable efforts to
provide ongoing professional development to all school
personnel teachers, administrators, school board members, and
school resource officers, and staff on the requirements of
this Section and Section 10-20.14, the adverse consequences of
school exclusion and justice-system involvement, effective
classroom management strategies, culturally responsive
discipline, trauma-responsive learning environments, as
defined in subsection (b) of Section 3-11, 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,

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-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
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. 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
Section 2-3.71 of this Code.
(l) An 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.