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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4775 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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| 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 |
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Amends the School Code. Allows a school board to suspend or authorize the superintendent of the district or the principal, assistant principal, or dean of students of a school to suspend a student for a period not to exceed 10 school days or to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if the student has been charged with a violent felony and the charges are pending or if the student has been convicted of a violent felony. Defines "violent felony". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Section |
| 5 | | 10-22.6 as follows:
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| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| 7 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
| 8 | | searches.
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| 9 | | (a) To expel pupils guilty of gross disobedience or |
| 10 | | misconduct, including gross disobedience or misconduct |
| 11 | | perpetuated by electronic means, and
no action shall lie |
| 12 | | against them for such expulsion. Expulsion shall
take place |
| 13 | | only after the parents have been requested to appear at a
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| 14 | | meeting of the board, or with a hearing officer appointed by |
| 15 | | it, to
discuss their child's behavior. Such request shall be |
| 16 | | made by registered
or certified mail and shall state the time, |
| 17 | | place and purpose of the
meeting. The board, or a hearing |
| 18 | | officer appointed by it, at such
meeting shall state the |
| 19 | | reasons for dismissal and the date on which the
expulsion is to |
| 20 | | become effective. If a hearing officer is appointed by
the |
| 21 | | board he shall report to the board a written summary of the |
| 22 | | evidence
heard at the meeting and the board may take such |
| 23 | | action thereon as it
finds appropriate. An expelled pupil may |
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| 1 | | be immediately transferred to an alternative program in the |
| 2 | | manner provided in Article 13A or 13B of this Code. A pupil |
| 3 | | must not be denied transfer because of the expulsion, except in |
| 4 | | cases in which such transfer is deemed to cause a threat to the |
| 5 | | safety of students or staff in the alternative program.
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| 6 | | (b) To suspend or by policy to authorize the superintendent |
| 7 | | of
the district or the principal, assistant principal, or dean |
| 8 | | of students
of any school to suspend pupils guilty of gross |
| 9 | | disobedience or misconduct, or
to suspend pupils guilty of |
| 10 | | gross disobedience or misconduct on the school bus
from riding |
| 11 | | the school bus, and no action
shall lie against them for such |
| 12 | | suspension. The board may by policy
authorize the |
| 13 | | superintendent of the district or the principal, assistant
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| 14 | | principal, or dean of students of any
school to suspend pupils |
| 15 | | guilty of such acts for a period not to exceed
10 school days. |
| 16 | | If a pupil is suspended due to gross disobedience or misconduct
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| 17 | | on a school bus, the board may suspend the pupil in excess of |
| 18 | | 10
school
days for safety reasons. Any suspension shall be |
| 19 | | reported immediately to the
parents or guardian of such pupil |
| 20 | | along with a full statement of the
reasons for such suspension |
| 21 | | and a notice of their right to a review. The school board must |
| 22 | | be given a summary of the notice, including the reason for the |
| 23 | | suspension and the suspension length. Upon request of the
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| 24 | | parents or guardian the school board or a hearing officer |
| 25 | | appointed by
it shall review such action of the superintendent |
| 26 | | or principal, assistant
principal, or dean of students. At such
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| 1 | | review the parents or guardian of the pupil may appear and |
| 2 | | discuss the
suspension with the board or its hearing officer. |
| 3 | | If a hearing officer
is appointed by the board he shall report |
| 4 | | to the board a written summary
of the evidence heard at the |
| 5 | | meeting. After its hearing or upon receipt
of the written |
| 6 | | report of its hearing officer, the board may take such
action |
| 7 | | as it finds appropriate. A pupil who is suspended in excess of |
| 8 | | 20 school days may be immediately transferred to an alternative |
| 9 | | program in the manner provided in Article 13A or 13B of this |
| 10 | | Code. A pupil must not be denied transfer because of the |
| 11 | | suspension, except in cases in which such transfer is deemed to |
| 12 | | cause a threat to the safety of students or staff in the |
| 13 | | alternative program.
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| 14 | | (c) The Department of Human Services
shall be invited to |
| 15 | | send a representative to consult with the board at
such meeting |
| 16 | | whenever there is evidence that mental illness may be the
cause |
| 17 | | for expulsion or suspension.
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| 18 | | (d) The board may expel a student for a definite period of |
| 19 | | time not to
exceed 2 calendar years, as determined on a |
| 20 | | case-by-case case by case basis.
A student who
is determined to |
| 21 | | have brought one of the following objects to school, any |
| 22 | | school-sponsored activity
or event, or any activity or event |
| 23 | | that bears a reasonable relationship to school shall be |
| 24 | | expelled for a period of not less than
one year: |
| 25 | | (1) A firearm. For the purposes of this Section, |
| 26 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
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| 1 | | by Section 921 of Title 18 of the United States Code, |
| 2 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 3 | | Identification Card Act, or firearm as defined in Section |
| 4 | | 24-1 of the Criminal Code of 2012. The expulsion period |
| 5 | | under this subdivision (1) may be modified by the |
| 6 | | superintendent, and the superintendent's determination may |
| 7 | | be modified by the board on a case-by-case basis. |
| 8 | | (2) A knife, brass knuckles or other knuckle weapon |
| 9 | | regardless of its composition, a billy club, or any other |
| 10 | | object if used or attempted to be used to cause bodily |
| 11 | | harm, including "look alikes" of any firearm as defined in |
| 12 | | subdivision (1) of this subsection (d). The expulsion |
| 13 | | requirement under this subdivision (2) may be modified by |
| 14 | | the superintendent, and the superintendent's determination |
| 15 | | may be modified by the board on a case-by-case basis. |
| 16 | | Expulsion
or suspension
shall be construed in a
manner |
| 17 | | consistent with the Federal Individuals with Disabilities |
| 18 | | Education
Act. A student who is subject to suspension or |
| 19 | | expulsion as provided in this
Section may be eligible for a |
| 20 | | transfer to an alternative school program in
accordance with |
| 21 | | Article 13A of the School Code. The provisions of this
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| 22 | | subsection (d) apply in all school districts,
including special |
| 23 | | charter districts and districts organized under Article 34.
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| 24 | | (d-5) The board may suspend or by regulation
authorize the |
| 25 | | superintendent of the district or the principal, assistant
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| 26 | | principal, or dean of students of any
school to suspend a |
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| 1 | | student for a period not to exceed
10 school days or may expel |
| 2 | | a student for a definite period of time not to
exceed 2 |
| 3 | | calendar years, as determined on a case-by-case case by case |
| 4 | | basis, if (i) that student has been determined to have made an |
| 5 | | explicit threat on an Internet website against a school |
| 6 | | employee, a student, or any school-related personnel, (ii) the |
| 7 | | Internet website through which the threat was made is a site |
| 8 | | that was accessible within the school at the time the threat |
| 9 | | was made or was available to third parties who worked or |
| 10 | | studied within the school grounds at the time the threat was |
| 11 | | made, and (iii) the threat could be reasonably interpreted as |
| 12 | | threatening to the safety and security of the threatened |
| 13 | | individual because of his or her duties or employment status or |
| 14 | | status as a student inside the school. The provisions of this
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| 15 | | subsection (d-5) apply in all school districts,
including |
| 16 | | special charter districts and districts organized under |
| 17 | | Article 34 of this Code.
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| 18 | | (d-10) In this subsection (d-10), "violent felony" means a |
| 19 | | violent felony as defined in Section 5 of the Medical School |
| 20 | | Matriculant Criminal History Records Check Act. The board may |
| 21 | | suspend or, by regulation, authorize the superintendent of the |
| 22 | | district or the principal, assistant principal, or dean of |
| 23 | | students of a school to suspend a student for a period not to |
| 24 | | exceed 10 school days or may expel a student for a definite |
| 25 | | period of time not to exceed 2 calendar years, as determined on |
| 26 | | a case-by-case basis, if the student has been charged with a |
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| 1 | | violent felony and the charges are pending or if the student |
| 2 | | has been convicted of a violent felony. The provisions of this |
| 3 | | subsection (d-10) apply in all school districts, including |
| 4 | | special charter districts and districts organized under |
| 5 | | Article 34 of this Code. |
| 6 | | (e) To maintain order and security in the schools, school |
| 7 | | authorities may
inspect and search places and areas such as |
| 8 | | lockers, desks, parking lots, and
other school property and |
| 9 | | equipment owned or controlled by the school, as well
as |
| 10 | | personal effects left in those places and areas by students, |
| 11 | | without notice
to or the consent of the student, and without a |
| 12 | | search warrant. As a matter of
public policy, the General |
| 13 | | Assembly finds that students have no reasonable
expectation of |
| 14 | | privacy in these places and areas or in their personal effects
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| 15 | | left in these places and areas. School authorities may request |
| 16 | | the assistance
of law enforcement officials for the purpose of |
| 17 | | conducting inspections and
searches of lockers, desks, parking |
| 18 | | lots, and other school property and
equipment owned or |
| 19 | | controlled by the school for illegal drugs, weapons, or
other
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| 20 | | illegal or dangerous substances or materials, including |
| 21 | | searches conducted
through the use of specially trained dogs. |
| 22 | | If a search conducted in accordance
with this Section produces |
| 23 | | evidence that the student has violated or is
violating either |
| 24 | | the law, local ordinance, or the school's policies or rules,
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| 25 | | such evidence may be seized by school authorities, and |
| 26 | | disciplinary action may
be taken. School authorities may also |
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| 1 | | turn over such evidence to law
enforcement authorities. The |
| 2 | | provisions of this subsection (e) apply in all
school |
| 3 | | districts, including special charter districts and districts |
| 4 | | organized
under Article 34.
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| 5 | | (f) Suspension or expulsion may include suspension or |
| 6 | | expulsion from
school and all school activities and a |
| 7 | | prohibition from being present on school
grounds.
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| 8 | | (g) A school district may adopt a policy providing that if |
| 9 | | a student
is suspended or expelled for any reason from any |
| 10 | | public or private school
in this or any other state, the |
| 11 | | student must complete the entire term of
the suspension or |
| 12 | | expulsion in an alternative school program under Article 13A of |
| 13 | | this Code or an alternative learning opportunities program |
| 14 | | under Article 13B of this Code before being admitted into the |
| 15 | | school
district if there is no threat to the safety of students |
| 16 | | or staff in the alternative program. This subsection (g) |
| 17 | | applies to
all school districts, including special charter |
| 18 | | districts and districts
organized under Article 34 of this |
| 19 | | Code.
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| 20 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
| 21 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
| 22 | | 97-1150, eff. 1-25-13.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.
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