Bill Text: IL SB1718 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning the conversion and formation of school districts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0633 [SB1718 Detail]

Download: Illinois-2009-SB1718-Enrolled.html

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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 Section
10-22.6 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, 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 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.
(b) To suspend or by regulation to authorize the

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superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the school
bus from riding the school bus, and no action shall lie against
them for such suspension. The board may by regulation authorize
the superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons. Any suspension shall be
reported immediately to the parents or guardian of such pupil
along with a full statement of the reasons for such suspension
and a notice of their right to a review, a copy of which shall
be given to the school board. 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 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.

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(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(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 1961. 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

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the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis. a
weapon to school, any school-sponsored activity or event,
or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of
not less than one year, except that the expulsion period
may be modified by the superintendent, and the
superintendent's determination may be modified by the
board on a case by case basis. For the purpose of this
Section, the term "weapon" means (1) possession, use,
control, or transfer of any gun, rifle, shotgun, weapon as
defined by Section 921 of Title 18, United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Act, or use of a weapon as defined in
Section 24-1 of the Criminal Code, (2) any other object if
used or attempted to be used to cause bodily harm,
including but not limited to, knives, brass knuckles, or
billy clubs, or (3) "look alikes" of any weapon as defined
in this Section.
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. The provisions of this
subsection (d) apply in all school districts, including special

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charter districts and districts organized under Article 34.
(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. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.

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(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 before being admitted into the school district. This
policy may allow placement of the student in an alternative
school program established under Article 13A of this Code, if
available, for the remainder of the suspension or expulsion.
This subsection (g) applies to all school districts, including
special charter districts and districts organized under
Article 34 of this Code.
(Source: P.A. 92-64, eff. 7-12-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.