Illinois-2021-SB3093-Introduced

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

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections

5 10-22.6 and 13A-1 as follows:

6 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

7 (Text of Section before amendment by P.A. 102-466)

8 Sec. 10-22.6. Suspension, ~~or~~ expulsion, or transfer in

9 place of disciplinary action of pupils; school searches.

10 (a) To expel pupils guilty of gross disobedience or

11 misconduct, including gross disobedience or misconduct

12 perpetuated by electronic means, pursuant to subsection (b-20)

13 of this Section, and no action shall lie against them for such

14 expulsion. Expulsion shall take place only after the parents

15 have been requested to appear at a meeting of the board, or

16 with a hearing officer appointed by it, to discuss their

17 child's behavior. Such request shall be made by registered or

18 certified mail and shall state the time, place and purpose of

19 the meeting. The board, or a hearing officer appointed by it,

20 at such meeting shall state the reasons for dismissal and the

21 date on which the expulsion is to become effective. If a

22 hearing officer is appointed by the board, he shall report to

23 the board a written summary of the evidence heard at the

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1 meeting and the board may take such action thereon as it finds

2 appropriate. If the board acts to expel a pupil, the written

3 expulsion decision shall detail the specific reasons why

4 removing the pupil from the learning environment is in the

5 best interest of the school. The expulsion decision shall also

6 include a rationale as to the specific duration of the

7 expulsion. An expelled pupil may be immediately transferred to

8 an alternative program in the manner provided in Article 13A

9 or 13B of this Code. A pupil must not be denied transfer

10 because of the expulsion, except in cases in which such

11 transfer is deemed to cause a threat to the safety of students

12 or staff in the alternative program.

13 (b) To suspend or by policy to authorize the

14 superintendent of the district or the principal, assistant

15 principal, or dean of students of any school to suspend pupils

16 guilty of gross disobedience or misconduct, or to suspend

17 pupils guilty of gross disobedience or misconduct on the

18 school bus from riding the school bus, pursuant to subsections

19 (b-15) and (b-20) of this Section, and no action shall lie

20 against them for such suspension. The board may by policy

21 authorize the superintendent of the district or the principal,

22 assistant principal, or dean of students of any school to

23 suspend pupils guilty of such acts for a period not to exceed

24 10 school days. If a pupil is suspended due to gross

25 disobedience or misconduct on a school bus, the board may

26 suspend the pupil in excess of 10 school days for safety

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1 reasons.

2 Any suspension shall be reported immediately to the

3 parents or guardian of a pupil along with a full statement of

4 the reasons for such suspension and a notice of their right to

5 a review. The school board must be given a summary of the

6 notice, including the reason for the suspension and the

7 suspension length. Upon request of the parents or guardian,

8 the school board or a hearing officer appointed by it shall

9 review such action of the superintendent or principal,

10 assistant principal, or dean of students. At such review, the

11 parents or guardian of the pupil may appear and discuss the

12 suspension with the board or its hearing officer. If a hearing

13 officer is appointed by the board, he shall report to the board

14 a written summary of the evidence heard at the meeting. After

15 its hearing or upon receipt of the written report of its

16 hearing officer, the board may take such action as it finds

17 appropriate. If a student is suspended pursuant to this

18 subsection (b), the board shall, in the written suspension

19 decision, detail the specific act of gross disobedience or

20 misconduct resulting in the decision to suspend. The

21 suspension decision shall also include a rationale as to the

22 specific duration of the suspension. A pupil who is suspended

23 in excess of 20 school days may be immediately transferred to

24 an alternative program in the manner provided in Article 13A

25 or 13B of this Code. A pupil must not be denied transfer

26 because of the suspension, except in cases in which such

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1 transfer is deemed to cause a threat to the safety of students

2 or staff in the alternative program.

3 (b-5) Among the many possible disciplinary interventions

4 and consequences available to school officials, school

5 exclusions, such as out-of-school suspensions, transfers to

6 alternative schools in place of discipline, and expulsions,

7 are the most serious. School officials shall limit the number

8 and duration of expulsions, transfers to alternative schools

9 in place of discipline, and suspensions to the greatest extent

10 practicable, and it is recommended that they use them only for

11 legitimate educational purposes. To ensure that students are

12 not excluded from school unnecessarily, it is recommended that

13 school officials consider forms of non-exclusionary discipline

14 prior to using out-of-school suspensions, transfers to

15 alternative schools in place of discipline, or expulsions.

16 (b-10) Unless otherwise required by federal law or this

17 Code, school boards may not institute zero-tolerance policies

18 by which school administrators are required to suspend or

19 expel students for particular behaviors.

20 (b-15) Out-of-school suspensions of 3 days or less may be

21 used only if the student's continuing presence in school would

22 pose a threat to school safety or a disruption to other

23 students' learning opportunities. For purposes of this

24 subsection (b-15), "threat to school safety or a disruption to

25 other students' learning opportunities" shall be determined on

26 a case-by-case basis by the school board or its designee.

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1 School officials shall make all reasonable efforts to resolve

2 such threats, address such disruptions, and minimize the

3 length of suspensions to the greatest extent practicable.

4 (b-20) Unless otherwise required by this Code,

5 out-of-school suspensions of longer than 3 days, expulsions,

6 and disciplinary removals to alternative schools may be used

7 only if other appropriate and available behavioral and

8 disciplinary interventions have been exhausted and the

9 student's continuing presence in school would either (i) pose

10 a threat to the safety of other students, staff, or members of

11 the school community or (ii) substantially disrupt, impede, or

12 interfere with the operation of the school. For purposes of

13 this subsection (b-20), "threat to the safety of other

14 students, staff, or members of the school community" and

15 "substantially disrupt, impede, or interfere with the

16 operation of the school" shall be determined on a case-by-case

17 basis by school officials. For purposes of this subsection

18 (b-20), the determination of whether "appropriate and

19 available behavioral and disciplinary interventions have been

20 exhausted" shall be made by school officials. School officials

21 shall make all reasonable efforts to resolve such threats,

22 address such disruptions, and minimize the length of student

23 exclusions to the greatest extent practicable. Within the

24 suspension decision described in subsection (b) of this

25 Section or the expulsion decision described in subsection (a)

26 of this Section, it shall be documented whether other

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1 interventions were attempted or whether it was determined that

2 there were no other appropriate and available interventions.

3 (b-25) Students who are suspended out-of-school for longer

4 than 4 school days shall be provided appropriate and available

5 support services during the period of their suspension. For

6 purposes of this subsection (b-25), "appropriate and available

7 support services" shall be determined by school authorities.

8 Within the suspension decision described in subsection (b) of

9 this Section, it shall be documented whether such services are

10 to be provided or whether it was determined that there are no

11 such appropriate and available services.

12 A school district may refer students who are expelled to

13 appropriate and available support services.

14 A school district shall create a policy to facilitate the

15 re-engagement of students who are suspended out-of-school,

16 expelled, or returning from an alternative school setting.

17 (b-30) A school district shall create a policy by which

18 suspended pupils, including those pupils suspended from the

19 school bus who do not have alternate transportation to school,

20 shall have the opportunity to make up work for equivalent

21 academic credit. It shall be the responsibility of a pupil's

22 parent or guardian to notify school officials that a pupil

23 suspended from the school bus does not have alternate

24 transportation to school.

25 (c) A school board must invite a representative from a

26 local mental health agency to consult with the board at the

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1 meeting whenever there is evidence that mental illness may be

2 the cause of a student's expulsion or suspension.

3 (c-5) School districts shall make reasonable efforts to

4 provide ongoing professional development to teachers,

5 administrators, school board members, school resource

6 officers, and staff on the adverse consequences of school

7 exclusion and justice-system involvement, effective classroom

8 management strategies, culturally responsive discipline, the

9 appropriate and available supportive services for the

10 promotion of student attendance and engagement, and

11 developmentally appropriate disciplinary methods that promote

12 positive and healthy school climates.

13 (d) The board may expel a student for a definite period of

14 time not to exceed 2 calendar years, as determined on a

15 case-by-case basis. A student who is determined to have

16 brought one of the following objects to school, any

17 school-sponsored activity or event, or any activity or event

18 that bears a reasonable relationship to school shall be

19 expelled for a period of not less than one year:

20 (1) A firearm. For the purposes of this Section,

21 "firearm" means any gun, rifle, shotgun, weapon as defined

22 by Section 921 of Title 18 of the United States Code,

23 firearm as defined in Section 1.1 of the Firearm Owners

24 Identification Card Act, or firearm as defined in Section

25 24-1 of the Criminal Code of 2012. The expulsion period

26 under this subdivision (1) may be modified by the

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1 superintendent, and the superintendent's determination may

2 be modified by the board on a case-by-case basis.

3 (2) A knife, brass knuckles or other knuckle weapon

4 regardless of its composition, a billy club, or any other

5 object if used or attempted to be used to cause bodily

6 harm, including "look alikes" of any firearm as defined in

7 subdivision (1) of this subsection (d). The expulsion

8 requirement under this subdivision (2) may be modified by

9 the superintendent, and the superintendent's determination

10 may be modified by the board on a case-by-case basis.

11 Expulsion or suspension shall be construed in a manner

12 consistent with the federal Individuals with Disabilities

13 Education Act. A student who is subject to suspension or

14 expulsion as provided in this Section may be eligible for a

15 transfer to an alternative school program in accordance with

16 Article 13A of the School Code.

17 (d-5) The board may suspend or by regulation authorize the

18 superintendent of the district or the principal, assistant

19 principal, or dean of students of any school to suspend a

20 student for a period not to exceed 10 school days or may expel

21 a student for a definite period of time not to exceed 2

22 calendar years, as determined on a case-by-case basis, if (i)

23 that student has been determined to have made an explicit

24 threat on an Internet website against a school employee, a

25 student, or any school-related personnel, (ii) the Internet

26 website through which the threat was made is a site that was

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1 accessible within the school at the time the threat was made or

2 was available to third parties who worked or studied within

3 the school grounds at the time the threat was made, and (iii)

4 the threat could be reasonably interpreted as threatening to

5 the safety and security of the threatened individual because

6 of his or her duties or employment status or status as a

7 student inside the school.

8 (d-10) A school district shall create an Alternative

9 School Bill of Rights by which a pupil who is offered a

10 transfer to an alternative school in place of disciplinary

11 action shall be informed, at a minimum, by the appropriate

12 administrator in writing:

13 (1) that the educational rights holder of the pupil

14 has a right to a hearing before a transfer to an

15 alternative school in place of discipline occurs as set

16 forth in subsection (a);

17 (2) of the risks and benefits of transferring to an

18 alternative school in place of disciplinary action,

19 including, but not limited to, the alternative school's

20 graduation rates compared to the sending school's

21 graduation rates, the alternative school's disciplinary

22 procedures if they differ from the sending school's

23 procedures, and the average amount of time a pupil spends

24 at an alternative school before returning to the sending

25 school;

26 (3) that the pupil may opt for a suspension or an

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1 expulsion instead of a transfer in place of disciplinary

2 action;

3 (4) of the exact duration of school days that the

4 pupil shall be assigned to the alternative school in place

5 of discipline;

6 (5) of the specific nature of the curriculum offered

7 by the alternative school; and

8 (6) of the specific nature of the extracurricular

9 activities that the pupil shall be allowed to participate

10 in and shall be prohibited from participating in.

11 The Alternative School Bill of Rights shall constitute a

12 contract between the school board and the educational rights

13 holder by requiring a signature from either a representative,

14 assignee, or other designated member of the school board and

15 the educational rights holder. In no event may the school

16 board extend the duration of a pupil's transfer to an

17 alternative school in place of discipline without written

18 notice to the educational rights holder and an opportunity to

19 be meaningful heard before the school board.

20 (e) To maintain order and security in the schools, school

21 authorities may inspect and search places and areas such as

22 lockers, desks, parking lots, and other school property and

23 equipment owned or controlled by the school, as well as

24 personal effects left in those places and areas by students,

25 without notice to or the consent of the student, and without a

26 search warrant. As a matter of public policy, the General

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1 Assembly finds that students have no reasonable expectation of

2 privacy in these places and areas or in their personal effects

3 left in these places and areas. School authorities may request

4 the assistance of law enforcement officials for the purpose of

5 conducting inspections and searches of lockers, desks, parking

6 lots, and other school property and equipment owned or

7 controlled by the school for illegal drugs, weapons, or other

8 illegal or dangerous substances or materials, including

9 searches conducted through the use of specially trained dogs.

10 If a search conducted in accordance with this Section produces

11 evidence that the student has violated or is violating either

12 the law, local ordinance, or the school's policies or rules,

13 such evidence may be seized by school authorities, and

14 disciplinary action may be taken. School authorities may also

15 turn over such evidence to law enforcement authorities.

16 (f) Suspension or expulsion may include suspension or

17 expulsion from school and all school activities and a

18 prohibition from being present on school grounds.

19 (g) A school district may adopt a policy, subject to

20 subsection (d-10),providing that if a student is suspended or

21 expelled for any reason from any public or private school in

22 this or any other state, the student must complete the entire

23 term of the suspension or expulsion in an alternative school

24 program under Article 13A of this Code or an alternative

25 learning opportunities program under Article 13B of this Code

26 before being admitted into the school district if there is no

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1 threat to the safety of students or staff in the alternative

2 program.

3 (h) School officials shall not advise or encourage

4 students to drop out voluntarily due to behavioral or academic

5 difficulties.

6 (i) A student may not be issued a monetary fine or fee as a

7 disciplinary consequence, though this shall not preclude

8 requiring a student to provide restitution for lost, stolen,

9 or damaged property.

10 (j) Subsections (a) through (i) of this Section shall

11 apply to elementary and secondary schools, charter schools,

12 special charter districts, and school districts organized

13 under Article 34 of this Code.

14 (k) The expulsion of children enrolled in programs funded

15 under Section 1C-2 of this Code is subject to the requirements

16 under paragraph (7) of subsection (a) of Section 2-3.71 of

17 this Code.

18 (l) Beginning with the 2018-2019 school year, an in-school

19 suspension program provided by a school district for any

20 students in kindergarten through grade 12 may focus on

21 promoting non-violent conflict resolution and positive

22 interaction with other students and school personnel. A school

23 district may employ a school social worker or a licensed

24 mental health professional to oversee an in-school suspension

25 program in kindergarten through grade 12.

26 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)

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1 (Text of Section after amendment by P.A. 102-466)

2 Sec. 10-22.6. Suspension, ~~or~~ expulsion, or transfer in

3 place of disciplinary action of pupils; school searches.

4 (a) To expel pupils guilty of gross disobedience or

5 misconduct, including gross disobedience or misconduct

6 perpetuated by electronic means, pursuant to subsection (b-20)

7 of this Section, and no action shall lie against them for such

8 expulsion. Expulsion shall take place only after the parents

9 or guardians have been requested to appear at a meeting of the

10 board, or with a hearing officer appointed by it, to discuss

11 their child's behavior. Such request shall be made by

12 registered or certified mail and shall state the time, place

13 and purpose of the meeting. The board, or a hearing officer

14 appointed by it, at such meeting shall state the reasons for

15 dismissal and the date on which the expulsion is to become

16 effective. If a hearing officer is appointed by the board, he

17 shall report to the board a written summary of the evidence

18 heard at the meeting and the board may take such action thereon

19 as it finds appropriate. If the board acts to expel a pupil,

20 the written expulsion decision shall detail the specific

21 reasons why removing the pupil from the learning environment

22 is in the best interest of the school. The expulsion decision

23 shall also include a rationale as to the specific duration of

24 the expulsion. An expelled pupil may be immediately

25 transferred to an alternative program in the manner provided

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1 in Article 13A or 13B of this Code. A pupil must not be denied

2 transfer because of the expulsion, except in cases in which

3 such transfer is deemed to cause a threat to the safety of

4 students or staff in the alternative program.

5 (b) To suspend or by policy to authorize the

6 superintendent of the district or the principal, assistant

7 principal, or dean of students of any school to suspend pupils

8 guilty of gross disobedience or misconduct, or to suspend

9 pupils guilty of gross disobedience or misconduct on the

10 school bus from riding the school bus, pursuant to subsections

11 (b-15) and (b-20) of this Section, and no action shall lie

12 against them for such suspension. The board may by policy

13 authorize the superintendent of the district or the principal,

14 assistant principal, or dean of students of any school to

15 suspend pupils guilty of such acts for a period not to exceed

16 10 school days. If a pupil is suspended due to gross

17 disobedience or misconduct on a school bus, the board may

18 suspend the pupil in excess of 10 school days for safety

19 reasons.

20 Any suspension shall be reported immediately to the

21 parents or guardians of a pupil along with a full statement of

22 the reasons for such suspension and a notice of their right to

23 a review. The school board must be given a summary of the

24 notice, including the reason for the suspension and the

25 suspension length. Upon request of the parents or guardians,

26 the school board or a hearing officer appointed by it shall

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1 review such action of the superintendent or principal,

2 assistant principal, or dean of students. At such review, the

3 parents or guardians of the pupil may appear and discuss the

4 suspension with the board or its hearing officer. If a hearing

5 officer is appointed by the board, he shall report to the board

6 a written summary of the evidence heard at the meeting. After

7 its hearing or upon receipt of the written report of its

8 hearing officer, the board may take such action as it finds

9 appropriate. If a student is suspended pursuant to this

10 subsection (b), the board shall, in the written suspension

11 decision, detail the specific act of gross disobedience or

12 misconduct resulting in the decision to suspend. The

13 suspension decision shall also include a rationale as to the

14 specific duration of the suspension. A pupil who is suspended

15 in excess of 20 school days may be immediately transferred to

16 an alternative program in the manner provided in Article 13A

17 or 13B of this Code. A pupil must not be denied transfer

18 because of the suspension, except in cases in which such

19 transfer is deemed to cause a threat to the safety of students

20 or staff in the alternative program.

21 (b-5) Among the many possible disciplinary interventions

22 and consequences available to school officials, school

23 exclusions, such as out-of-school suspensions, transfers to

24 alternative schools in place of discipline, and expulsions,

25 are the most serious. School officials shall limit the number

26 and duration of expulsions, transfers to alternative schools

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1 in place of discipline, and suspensions to the greatest extent

2 practicable, and it is recommended that they use them only for

3 legitimate educational purposes. To ensure that students are

4 not excluded from school unnecessarily, it is recommended that

5 school officials consider forms of non-exclusionary discipline

6 prior to using out-of-school suspensions, transfers to

7 alternative schools in place of discipline, or expulsions.

8 (b-10) Unless otherwise required by federal law or this

9 Code, school boards may not institute zero-tolerance policies

10 by which school administrators are required to suspend or

11 expel students for particular behaviors.

12 (b-15) Out-of-school suspensions of 3 days or less may be

13 used only if the student's continuing presence in school would

14 pose a threat to school safety or a disruption to other

15 students' learning opportunities. For purposes of this

16 subsection (b-15), "threat to school safety or a disruption to

17 other students' learning opportunities" shall be determined on

18 a case-by-case basis by the school board or its designee.

19 School officials shall make all reasonable efforts to resolve

20 such threats, address such disruptions, and minimize the

21 length of suspensions to the greatest extent practicable.

22 (b-20) Unless otherwise required by this Code,

23 out-of-school suspensions of longer than 3 days, expulsions,

24 and disciplinary removals to alternative schools may be used

25 only if other appropriate and available behavioral and

26 disciplinary interventions have been exhausted and the

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1 student's continuing presence in school would either (i) pose

2 a threat to the safety of other students, staff, or members of

3 the school community or (ii) substantially disrupt, impede, or

4 interfere with the operation of the school. For purposes of

5 this subsection (b-20), "threat to the safety of other

6 students, staff, or members of the school community" and

7 "substantially disrupt, impede, or interfere with the

8 operation of the school" shall be determined on a case-by-case

9 basis by school officials. For purposes of this subsection

10 (b-20), the determination of whether "appropriate and

11 available behavioral and disciplinary interventions have been

12 exhausted" shall be made by school officials. School officials

13 shall make all reasonable efforts to resolve such threats,

14 address such disruptions, and minimize the length of student

15 exclusions to the greatest extent practicable. Within the

16 suspension decision described in subsection (b) of this

17 Section or the expulsion decision described in subsection (a)

18 of this Section, it shall be documented whether other

19 interventions were attempted or whether it was determined that

20 there were no other appropriate and available interventions.

21 (b-25) Students who are suspended out-of-school for longer

22 than 4 school days shall be provided appropriate and available

23 support services during the period of their suspension. For

24 purposes of this subsection (b-25), "appropriate and available

25 support services" shall be determined by school authorities.

26 Within the suspension decision described in subsection (b) of

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1 this Section, it shall be documented whether such services are

2 to be provided or whether it was determined that there are no

3 such appropriate and available services.

4 A school district may refer students who are expelled to

5 appropriate and available support services.

6 A school district shall create a policy to facilitate the

7 re-engagement of students who are suspended out-of-school,

8 expelled, or returning from an alternative school setting.

9 (b-30) A school district shall create a policy by which

10 suspended pupils, including those pupils suspended from the

11 school bus who do not have alternate transportation to school,

12 shall have the opportunity to make up work for equivalent

13 academic credit. It shall be the responsibility of a pupil's

14 parents or guardians to notify school officials that a pupil

15 suspended from the school bus does not have alternate

16 transportation to school.

17 (b-35) In all suspension review hearings conducted under

18 subsection (b) or expulsion hearings conducted under

19 subsection (a), a student may disclose any factor to be

20 considered in mitigation, including his or her status as a

21 parent, expectant parent, or victim of domestic or sexual

22 violence, as defined in Article 26A. A representative of the

23 parent's or guardian's choice, or of the student's choice if

24 emancipated, must be permitted to represent the student

25 throughout the proceedings and to address the school board or

26 its appointed hearing officer. With the approval of the

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1 student's parent or guardian, or of the student if

2 emancipated, a support person must be permitted to accompany

3 the student to any disciplinary hearings or proceedings. The

4 representative or support person must comply with any rules of

5 the school district's hearing process. If the representative

6 or support person violates the rules or engages in behavior or

7 advocacy that harasses, abuses, or intimidates either party, a

8 witness, or anyone else in attendance at the hearing, the

9 representative or support person may be prohibited from

10 further participation in the hearing or proceeding. A

11 suspension or expulsion proceeding under this subsection

12 (b-35) must be conducted independently from any ongoing

13 criminal investigation or proceeding, and an absence of

14 pending or possible criminal charges, criminal investigations,

15 or proceedings may not be a factor in school disciplinary

16 decisions.

17 (b-40) During a suspension review hearing conducted under

18 subsection (b) or an expulsion hearing conducted under

19 subsection (a) that involves allegations of sexual violence by

20 the student who is subject to discipline, neither the student

21 nor his or her representative shall directly question nor have

22 direct contact with the alleged victim. The student who is

23 subject to discipline or his or her representative may, at the

24 discretion and direction of the school board or its appointed

25 hearing officer, suggest questions to be posed by the school

26 board or its appointed hearing officer to the alleged victim.

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1 (c) A school board must invite a representative from a

2 local mental health agency to consult with the board at the

3 meeting whenever there is evidence that mental illness may be

4 the cause of a student's expulsion or suspension.

5 (c-5) School districts shall make reasonable efforts to

6 provide ongoing professional development to teachers,

7 administrators, school board members, school resource

8 officers, and staff on the adverse consequences of school

9 exclusion and justice-system involvement, effective classroom

10 management strategies, culturally responsive discipline, the

11 appropriate and available supportive services for the

12 promotion of student attendance and engagement, and

13 developmentally appropriate disciplinary methods that promote

14 positive and healthy school climates.

15 (d) The board may expel a student for a definite period of

16 time not to exceed 2 calendar years, as determined on a

17 case-by-case basis. A student who is determined to have

18 brought one of the following objects to school, any

19 school-sponsored activity or event, or any activity or event

20 that bears a reasonable relationship to school shall be

21 expelled for a period of not less than one year:

22 (1) A firearm. For the purposes of this Section,

23 "firearm" means any gun, rifle, shotgun, weapon as defined

24 by Section 921 of Title 18 of the United States Code,

25 firearm as defined in Section 1.1 of the Firearm Owners

26 Identification Card Act, or firearm as defined in Section

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1 24-1 of the Criminal Code of 2012. The expulsion period

2 under this subdivision (1) may be modified by the

3 superintendent, and the superintendent's determination may

4 be modified by the board on a case-by-case basis.

5 (2) A knife, brass knuckles or other knuckle weapon

6 regardless of its composition, a billy club, or any other

7 object if used or attempted to be used to cause bodily

8 harm, including "look alikes" of any firearm as defined in

9 subdivision (1) of this subsection (d). The expulsion

10 requirement under this subdivision (2) may be modified by

11 the superintendent, and the superintendent's determination

12 may be modified by the board on a case-by-case basis.

13 Expulsion or suspension shall be construed in a manner

14 consistent with the federal Individuals with Disabilities

15 Education Act. A student who is subject to suspension or

16 expulsion as provided in this Section may be eligible for a

17 transfer to an alternative school program in accordance with

18 Article 13A of the School Code.

19 (d-5) The board may suspend or by regulation authorize the

20 superintendent of the district or the principal, assistant

21 principal, or dean of students of any school to suspend a

22 student for a period not to exceed 10 school days or may expel

23 a student for a definite period of time not to exceed 2

24 calendar years, as determined on a case-by-case basis, if (i)

25 that student has been determined to have made an explicit

26 threat on an Internet website against a school employee, a

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1 student, or any school-related personnel, (ii) the Internet

2 website through which the threat was made is a site that was

3 accessible within the school at the time the threat was made or

4 was available to third parties who worked or studied within

5 the school grounds at the time the threat was made, and (iii)

6 the threat could be reasonably interpreted as threatening to

7 the safety and security of the threatened individual because

8 of his or her duties or employment status or status as a

9 student inside the school.

10 (d-10) A school district shall create an Alternative

11 School Bill of Rights by which a pupil who is offered a

12 transfer to an alternative school in place of disciplinary

13 action shall be informed, at a minimum, by the appropriate

14 administrator in writing:

15 (1) that the educational rights holder of the pupil

16 has a right to a hearing before a transfer to an

17 alternative school in place of discipline occurs as set

18 forth in subsection (a);

19 (2) of the risks and benefits of transferring to an

20 alternative school in place of disciplinary action,

21 including, but not limited to, the alternative school's

22 graduation rates compared to the sending school's

23 graduation rates, the alternative school's disciplinary

24 procedures if they differ from the sending school's

25 procedures, and the average amount of time a pupil spends

26 at an alternative school before returning to the sending

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1 school;

2 (3) that the pupil may opt for a suspension or an

3 expulsion instead of a transfer in place of disciplinary

4 action;

5 (4) of the exact duration of school days that the

6 pupil shall be assigned to the alternative school in place

7 of discipline;

8 (5) of the specific nature of the curriculum offered

9 by the alternative school; and

10 (6) of the specific nature of the extracurricular

11 activities that the pupil shall be allowed to participate

12 in and shall be prohibited from participating in.

13 The Alternative School Bill of Rights shall constitute a

14 contract between the school board and the educational rights

15 holder by requiring a signature from either a representative,

16 assignee, or other designated member of the school board and

17 the educational rights holder. In no event may the school

18 board extend the duration of a pupil's transfer to an

19 alternative school in place of discipline without written

20 notice to the educational rights holder and an opportunity to

21 be meaningful heard before the school board.

22 (e) To maintain order and security in the schools, school

23 authorities may inspect and search places and areas such as

24 lockers, desks, parking lots, and other school property and

25 equipment owned or controlled by the school, as well as

26 personal effects left in those places and areas by students,

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1 without notice to or the consent of the student, and without a

2 search warrant. As a matter of public policy, the General

3 Assembly finds that students have no reasonable expectation of

4 privacy in these places and areas or in their personal effects

5 left in these places and areas. School authorities may request

6 the assistance of law enforcement officials for the purpose of

7 conducting inspections and searches of lockers, desks, parking

8 lots, and other school property and equipment owned or

9 controlled by the school for illegal drugs, weapons, or other

10 illegal or dangerous substances or materials, including

11 searches conducted through the use of specially trained dogs.

12 If a search conducted in accordance with this Section produces

13 evidence that the student has violated or is violating either

14 the law, local ordinance, or the school's policies or rules,

15 such evidence may be seized by school authorities, and

16 disciplinary action may be taken. School authorities may also

17 turn over such evidence to law enforcement authorities.

18 (f) Suspension or expulsion may include suspension or

19 expulsion from school and all school activities and a

20 prohibition from being present on school grounds.

21 (g) A school district may adopt a policy, subject to

22 subsection (d-10),providing that if a student is suspended or

23 expelled for any reason from any public or private school in

24 this or any other state, the student must complete the entire

25 term of the suspension or expulsion in an alternative school

26 program under Article 13A of this Code or an alternative

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1 learning opportunities program under Article 13B of this Code

2 before being admitted into the school district if there is no

3 threat to the safety of students or staff in the alternative

4 program. A school district that adopts a policy under this

5 subsection (g) must include a provision allowing for

6 consideration of any mitigating factors, including, but not

7 limited to, a student's status as a parent, expectant parent,

8 or victim of domestic or sexual violence, as defined in

9 Article 26A.

10 (h) School officials shall not advise or encourage

11 students to drop out voluntarily due to behavioral or academic

12 difficulties.

13 (i) A student may not be issued a monetary fine or fee as a

14 disciplinary consequence, though this shall not preclude

15 requiring a student to provide restitution for lost, stolen,

16 or damaged property.

17 (j) Subsections (a) through (i) of this Section shall

18 apply to elementary and secondary schools, charter schools,

19 special charter districts, and school districts organized

20 under Article 34 of this Code.

21 (k) The expulsion of children enrolled in programs funded

22 under Section 1C-2 of this Code is subject to the requirements

23 under paragraph (7) of subsection (a) of Section 2-3.71 of

24 this Code.

25 (l) Beginning with the 2018-2019 school year, an in-school

26 suspension program provided by a school district for any

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1 students in kindergarten through grade 12 may focus on

2 promoting non-violent conflict resolution and positive

3 interaction with other students and school personnel. A school

4 district may employ a school social worker or a licensed

5 mental health professional to oversee an in-school suspension

6 program in kindergarten through grade 12.

7 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;

8 102-539, eff. 8-20-21; revised 9-23-21.)

9 (105 ILCS 5/13A-1)

10 Sec. 13A-1. Legislative Declaration. The General Assembly

11 finds and declares as follows:

12 (a) The children of this State constitute its most

13 important resource, and in order to enable those children

14 to reach their full potential, the State must provide them

15 the quality public education that the Constitution of the

16 State of Illinois mandates.

17 (b) The State cannot provide its children with the

18 education they deserve and require unless the environment

19 of the public schools is conducive to learning.

20 (c) That environment cannot be achieved unless an

21 atmosphere of safety prevails, assuring that the person of

22 each student, teacher, and staff member is respected, and

23 that none of those people are subjected to violence,

24 threats, harassment, intimidation, or otherwise

25 confrontational or inappropriate behaviors that disrupt

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1 the educational atmosphere.

2 (d) In most schools, although the disruptive students

3 who are the primary cause of inappropriate educational

4 environments comprise a small percentage of the total

5 student body, they nevertheless consume a substantial

6 amount of the time and resources of teachers and school

7 administrators who are required to address and contain

8 that disruptive behavior.

9 (e) Disruptive students typically derive little

10 benefit from traditional school programs and may benefit

11 substantially by being transferred from their current

12 school into an alternative public school program, where

13 their particular needs may be more appropriately and

14 individually addressed and where they may benefit from the

15 opportunity for a fresh start in a new educational

16 environment. At those alternative school programs,

17 innovative academic and school-to-work programs, including

18 but not limited to the techniques of work based learning

19 and technology delivered learning, can be utilized to best

20 help the students enrolled in those schools to become

21 productive citizens.

22 (f) Students need an appropriate, constructive

23 classroom atmosphere in order to benefit from the

24 teacher's presentations. Students cannot afford the

25 classroom disruptions and often become frustrated and

26 angry at the inability of their teachers and schools to

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1 control disruptive students. As a result, they drop out of

2 school too often. Furthermore, even if these students stay

3 in school and graduate, they have been deprived by their

4 disruptive classmates of the attention to their

5 educational needs that their teachers would otherwise have

6 provided, thereby diminishing their receiving the

7 education and skills necessary to secure good jobs and

8 become productive members of an increasingly competitive

9 economic environment.

10 (g) Parents of school children statewide have

11 expressed their rising anger and concern at the failure of

12 their local public schools to provide a safe and

13 appropriate educational environment for their children and

14 to deal appropriately with disruptive students, and the

15 General Assembly deems their concerns to be understandable

16 and justified.

17 (h) Every school district in the State shall do all it

18 can to ensure a safe and appropriate educational

19 environment for all of its students, and the first, but

20 not the only, step school districts must take to achieve

21 that goal is to administratively transfer disruptive

22 students from the schools they currently attend to the

23 alternative school programs created by this Article. Those

24 administrative transfers will also provide optional

25 educational programs to best fit the needs of the

26 transferred students.

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1 (h-5) Prior to an administrative transfer, a school

2 district shall create and provide an Alternative School

3 Bill of Rights under subsection (d-10) of Section 10-22.6.

4 (i) Administrative transfers may prove more productive

5 for dealing with disruptive students than out-of-school

6 suspensions or expulsions, which have been the subject of

7 much criticism.

8 (j) Because of the urgency of the problems described

9 in this Section, as well as their statewide impact, the

10 State of Illinois bears the responsibility to establish

11 and fully fund alternative schools as soon as possible,

12 thereby providing school districts with an option for

13 dealing with disruptive students that they do not now

14 possess.

15 (k) While school districts shall comply with all

16 applicable federal laws and regulations, they should do so

17 consistent with the goals and policies stated in this

18 Article. Further, this Article is intended to be

19 consistent with all applicable federal laws and

20 regulations.

21 (l) An alternative school program established under

22 this Article is subject to the other provisions of this

23 Code that apply generally in the public schools of this

24 State and to the rules and regulations promulgated

25 thereunder, except as otherwise provided in this Article.

26 (m) The provisions of the Illinois Educational Labor

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1 Relations Act apply to those alternative school programs

2 that are created on or after the effective date of this

3 amendatory Act of 1995.

4 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

5 Section 95. No acceleration or delay. Where this Act makes

6 changes in a statute that is represented in this Act by text

7 that is not yet or no longer in effect (for example, a Section

8 represented by multiple versions), the use of that text does

9 not accelerate or delay the taking effect of (i) the changes

10 made by this Act or (ii) provisions derived from any other

11 Public Act.

12 Section 99. Effective date. This Act takes effect upon

13 becoming law.