Bill Text: IL SB3093 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the School Code. Provides that school officials shall limit the number and duration of transfers to alternative schools in place of discipline. Requires a school district to create an Alternative School Bill of Rights by which a pupil who is offered a transfer to an alternative school in place of disciplinary action shall be provided with certain information by the appropriate administrator. Provides that the Alternative School Bill of Rights shall constitute a contract between the school board and the educational rights holder by requiring a signature from either a representative, assignee, or other designated member of the school board and the educational rights holder. Provides that in no event may a school board extend the duration of a pupil's transfer to an alternative school in place of discipline without written notice to the educational rights holder and an opportunity to be meaningfully heard before the school board. Makes related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-10 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3093 Detail]

Download: Illinois-2021-SB3093-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3093 Introduced 1/11/2022, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/13A-1
Amends the School Code. Provides that school officials shall limit the number and duration of transfers to alternative schools in place of discipline. Requires a school district to create an Alternative School Bill of Rights by which a pupil who is offered a transfer to an alternative school in place of disciplinary action shall be provided with certain information by the appropriate administrator. Provides that the Alternative School Bill of Rights shall constitute a contract between the school board and the educational rights holder by requiring a signature from either a representative, assignee, or other designated member of the school board and the educational rights holder. Provides that in no event may a school board extend the duration of a pupil's transfer to an alternative school in place of discipline without written notice to the educational rights holder and an opportunity to be meaningful heard before the school board. Makes related changes. Effective immediately.
LRB102 22959 CMG 32113 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
SB3093 LRB102 22959 CMG 32113 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
10-22.6 and 13A-1 as follows:
(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, or transfer in
place of disciplinary action of pupils; school searches.
(a) To expel 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, he shall report to
the board a written summary of the evidence heard at the

SB3093 - 2 - LRB102 22959 CMG 32113 b
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the 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 pupil 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 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 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, 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 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

SB3093 - 3 - LRB102 22959 CMG 32113 b
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a 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 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

SB3093 - 4 - LRB102 22959 CMG 32113 b
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, transfers to
alternative schools in place of discipline, and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions, transfers to alternative schools
in place of discipline, 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, transfers to
alternative schools in place of discipline, 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.

SB3093 - 5 - LRB102 22959 CMG 32113 b
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

SB3093 - 6 - LRB102 22959 CMG 32113 b
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
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.
(b-30) A school district shall create a policy by which
suspended pupils, including those 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 pupil's
parent or guardian to notify school officials that a 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

SB3093 - 7 - LRB102 22959 CMG 32113 b
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 teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, 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,
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

SB3093 - 8 - LRB102 22959 CMG 32113 b
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

SB3093 - 9 - LRB102 22959 CMG 32113 b
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 his or her duties or employment status or status as a
student inside the school.
(d-10) A school district shall create an Alternative
School Bill of Rights by which a pupil who is offered a
transfer to an alternative school in place of disciplinary
action shall be informed, at a minimum, by the appropriate
administrator in writing:
(1) that the educational rights holder of the pupil
has a right to a hearing before a transfer to an
alternative school in place of discipline occurs as set
forth in subsection (a);
(2) of the risks and benefits of transferring to an
alternative school in place of disciplinary action,
including, but not limited to, the alternative school's
graduation rates compared to the sending school's
graduation rates, the alternative school's disciplinary
procedures if they differ from the sending school's
procedures, and the average amount of time a pupil spends
at an alternative school before returning to the sending
school;
(3) that the pupil may opt for a suspension or an

SB3093 - 10 - LRB102 22959 CMG 32113 b
expulsion instead of a transfer in place of disciplinary
action;
(4) of the exact duration of school days that the
pupil shall be assigned to the alternative school in place
of discipline;
(5) of the specific nature of the curriculum offered
by the alternative school; and
(6) of the specific nature of the extracurricular
activities that the pupil shall be allowed to participate
in and shall be prohibited from participating in.
The Alternative School Bill of Rights shall constitute a
contract between the school board and the educational rights
holder by requiring a signature from either a representative,
assignee, or other designated member of the school board and
the educational rights holder. In no event may the school
board extend the duration of a pupil's transfer to an
alternative school in place of discipline without written
notice to the educational rights holder and an opportunity to
be meaningful heard before the school board.
(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

SB3093 - 11 - LRB102 22959 CMG 32113 b
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, subject to
subsection (d-10), 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

SB3093 - 12 - LRB102 22959 CMG 32113 b
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 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.)

SB3093 - 13 - LRB102 22959 CMG 32113 b
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension, or expulsion, or transfer in
place of disciplinary action of pupils; school searches.
(a) To expel 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, 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 pupil,
the written expulsion decision shall detail the specific
reasons why removing the 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 pupil may be immediately
transferred to an alternative program in the manner provided

SB3093 - 14 - LRB102 22959 CMG 32113 b
in Article 13A or 13B of this Code. A 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 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, 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 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 guardians of a 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

SB3093 - 15 - LRB102 22959 CMG 32113 b
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians 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. 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, transfers to
alternative schools in place of discipline, and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions, transfers to alternative schools

SB3093 - 16 - LRB102 22959 CMG 32113 b
in place of discipline, 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, transfers to
alternative schools in place of discipline, 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

SB3093 - 17 - LRB102 22959 CMG 32113 b
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 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

SB3093 - 18 - LRB102 22959 CMG 32113 b
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.
(b-30) A school district shall create a policy by which
suspended pupils, including those 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 pupil's
parents or guardians to notify school officials that a 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

SB3093 - 19 - LRB102 22959 CMG 32113 b
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.

SB3093 - 20 - LRB102 22959 CMG 32113 b
(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 teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, 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,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section

SB3093 - 21 - LRB102 22959 CMG 32113 b
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

SB3093 - 22 - LRB102 22959 CMG 32113 b
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 his or her duties or employment status or status as a
student inside the school.
(d-10) A school district shall create an Alternative
School Bill of Rights by which a pupil who is offered a
transfer to an alternative school in place of disciplinary
action shall be informed, at a minimum, by the appropriate
administrator in writing:
(1) that the educational rights holder of the pupil
has a right to a hearing before a transfer to an
alternative school in place of discipline occurs as set
forth in subsection (a);
(2) of the risks and benefits of transferring to an
alternative school in place of disciplinary action,
including, but not limited to, the alternative school's
graduation rates compared to the sending school's
graduation rates, the alternative school's disciplinary
procedures if they differ from the sending school's
procedures, and the average amount of time a pupil spends
at an alternative school before returning to the sending

SB3093 - 23 - LRB102 22959 CMG 32113 b
school;
(3) that the pupil may opt for a suspension or an
expulsion instead of a transfer in place of disciplinary
action;
(4) of the exact duration of school days that the
pupil shall be assigned to the alternative school in place
of discipline;
(5) of the specific nature of the curriculum offered
by the alternative school; and
(6) of the specific nature of the extracurricular
activities that the pupil shall be allowed to participate
in and shall be prohibited from participating in.
The Alternative School Bill of Rights shall constitute a
contract between the school board and the educational rights
holder by requiring a signature from either a representative,
assignee, or other designated member of the school board and
the educational rights holder. In no event may the school
board extend the duration of a pupil's transfer to an
alternative school in place of discipline without written
notice to the educational rights holder and an opportunity to
be meaningful heard before the school board.
(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,

SB3093 - 24 - LRB102 22959 CMG 32113 b
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, subject to
subsection (d-10), 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

SB3093 - 25 - LRB102 22959 CMG 32113 b
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 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

SB3093 - 26 - LRB102 22959 CMG 32113 b
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; revised 9-23-21.)
(105 ILCS 5/13A-1)
Sec. 13A-1. Legislative Declaration. The General Assembly
finds and declares as follows:
(a) The children of this State constitute its most
important resource, and in order to enable those children
to reach their full potential, the State must provide them
the quality public education that the Constitution of the
State of Illinois mandates.
(b) The State cannot provide its children with the
education they deserve and require unless the environment
of the public schools is conducive to learning.
(c) That environment cannot be achieved unless an
atmosphere of safety prevails, assuring that the person of
each student, teacher, and staff member is respected, and
that none of those people are subjected to violence,
threats, harassment, intimidation, or otherwise
confrontational or inappropriate behaviors that disrupt

SB3093 - 27 - LRB102 22959 CMG 32113 b
the educational atmosphere.
(d) In most schools, although the disruptive students
who are the primary cause of inappropriate educational
environments comprise a small percentage of the total
student body, they nevertheless consume a substantial
amount of the time and resources of teachers and school
administrators who are required to address and contain
that disruptive behavior.
(e) Disruptive students typically derive little
benefit from traditional school programs and may benefit
substantially by being transferred from their current
school into an alternative public school program, where
their particular needs may be more appropriately and
individually addressed and where they may benefit from the
opportunity for a fresh start in a new educational
environment. At those alternative school programs,
innovative academic and school-to-work programs, including
but not limited to the techniques of work based learning
and technology delivered learning, can be utilized to best
help the students enrolled in those schools to become
productive citizens.
(f) Students need an appropriate, constructive
classroom atmosphere in order to benefit from the
teacher's presentations. Students cannot afford the
classroom disruptions and often become frustrated and
angry at the inability of their teachers and schools to

SB3093 - 28 - LRB102 22959 CMG 32113 b
control disruptive students. As a result, they drop out of
school too often. Furthermore, even if these students stay
in school and graduate, they have been deprived by their
disruptive classmates of the attention to their
educational needs that their teachers would otherwise have
provided, thereby diminishing their receiving the
education and skills necessary to secure good jobs and
become productive members of an increasingly competitive
economic environment.
(g) Parents of school children statewide have
expressed their rising anger and concern at the failure of
their local public schools to provide a safe and
appropriate educational environment for their children and
to deal appropriately with disruptive students, and the
General Assembly deems their concerns to be understandable
and justified.
(h) Every school district in the State shall do all it
can to ensure a safe and appropriate educational
environment for all of its students, and the first, but
not the only, step school districts must take to achieve
that goal is to administratively transfer disruptive
students from the schools they currently attend to the
alternative school programs created by this Article. Those
administrative transfers will also provide optional
educational programs to best fit the needs of the
transferred students.

SB3093 - 29 - LRB102 22959 CMG 32113 b
(h-5) Prior to an administrative transfer, a school
district shall create and provide an Alternative School
Bill of Rights under subsection (d-10) of Section 10-22.6.
(i) Administrative transfers may prove more productive
for dealing with disruptive students than out-of-school
suspensions or expulsions, which have been the subject of
much criticism.
(j) Because of the urgency of the problems described
in this Section, as well as their statewide impact, the
State of Illinois bears the responsibility to establish
and fully fund alternative schools as soon as possible,
thereby providing school districts with an option for
dealing with disruptive students that they do not now
possess.
(k) While school districts shall comply with all
applicable federal laws and regulations, they should do so
consistent with the goals and policies stated in this
Article. Further, this Article is intended to be
consistent with all applicable federal laws and
regulations.
(l) An alternative school program established under
this Article is subject to the other provisions of this
Code that apply generally in the public schools of this
State and to the rules and regulations promulgated
thereunder, except as otherwise provided in this Article.
(m) The provisions of the Illinois Educational Labor

SB3093 - 30 - LRB102 22959 CMG 32113 b
Relations Act apply to those alternative school programs
that are created on or after the effective date of this
amendatory Act of 1995.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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.