98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3004
 
Introduced 2/7/2014, by Sen. Kimberly A. Lightford
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the School Code with respect to the suspension and expulsion of pupils. Provides for the expulsion of pupils by removing a pupil from a school or educational setting for a period of more than 10 school days for posing a significant threat of imminent serious harm to other pupils or to staff (instead of providing for the expulsion of pupils guilty of gross disobedience or misconduct). Provides for the suspension of pupils by removing a pupil from a school or educational setting for a period of not more than 10 days for a serious act of misconduct (instead of providing for the suspension of pupils guilty of gross disobedience or misconduct); makes related changes. Sets forth limitations on out-of-school suspensions. Requires behavioral support services and alternative educational services to be provided to certain students. Provides that, unless otherwise required by statute for a specific criminal offense, a student may not be arrested or otherwise cited for a criminal offense committed during school hours while on school grounds, in a school vehicle, or at a school activity or school-sanctioned event unless the offense constitutes a felony or the student has committed an identical offense within the preceding 6 months. Requires reports to be made for certain incidents. Provides that students may not be counseled by any school employee to leave school voluntarily in order to avoid formal disciplinary proceedings or because of any other disciplinary concerns. Provides that a student may not be issued a monetary fine or fee as a disciplinary consequence. Provides for charter school and alternative school application.



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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 


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1 AN ACT concerning education.


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

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Sections 
510-22.6, 13A-11, 27A-5, and 34-19 as follows:




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



7 Sec. 10-22.6. Suspension or expulsion of pupils; school 
8searches. 

9 (a) To expel pupils by removing a pupil from a school or 
10educational setting for a period of more than 10 school days 
11for posing a significant threat of imminent serious harm to 
12other pupils or to staff, guilty of gross disobedience or 
13misconduct, including gross disobedience or misconduct 
14perpetuated by electronic means, and
no action shall lie 
15against them for such expulsion. Expulsion shall
take place 
16only after the parents have been requested to appear at a

17meeting of the board, or with a hearing officer appointed by 
18it, to
discuss their child's behavior. Such request shall be 
19made by registered
or certified mail and shall state the time, 
20place and purpose of the
meeting. The board, or a hearing 
21officer appointed by it, at such
meeting shall state the 
22reasons for dismissal and the date on which the
expulsion is to 
23become effective. If a hearing officer is appointed by
the 
 
 
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1board he shall report to the board a written summary of the 
2evidence
heard at the meeting and the board may take such 
3action thereon as it
finds appropriate. An expelled pupil may 
4be immediately transferred to an alternative program in the 
5manner provided in Article 13A or 13B of this Code. A pupil 
6must not be denied transfer because of the expulsion, except in 
7cases in which such transfer is deemed to cause a threat to the 
8safety of students or staff in the alternative program.

9 (b) To suspend or by policy to authorize the superintendent 
10of
the district or the principal, assistant principal, or dean 
11of students
of any school to suspend pupils by removing a pupil 
12from a school or educational setting for a period of not more 
13than 10 school days for a serious act of misconduct guilty of 
14gross disobedience or misconduct, or
to suspend pupils guilty 
15of gross disobedience or misconduct on the school bus
from 
16riding the school bus for a serious act of misconduct on the 
17school bus, and no action
shall lie against them for such 
18suspensions suspension. The board may by policy
authorize the 
19superintendent of the district or the principal, assistant

20principal, or dean of students of any
school to suspend pupils 
21guilty of such acts for a period not to exceed
10 school days. 
22If a pupil is suspended for a serious act of due to gross 
23disobedience or misconduct
on a school bus, the board may 
24suspend the pupil in excess of 10
school
days for safety 
25reasons. Any suspension shall be reported immediately to the

26parents or guardian of such pupil along with a full statement 
 
 
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1of the
reasons for such suspension and a notice of their right 
2to a review. The school board must be given a summary of the 
3notice, including the reason for the suspension and the 
4suspension length. Upon request of the
parents or guardian the 
5school board or a hearing officer appointed by
it shall review 
6such action of the superintendent or principal, assistant

7principal, or dean of students. At such
review the parents or 
8guardian of the pupil may appear and discuss the
suspension 
9with the board or its hearing officer. If a hearing officer
is 
10appointed by the board he shall report to the board a written 
11summary
of the evidence heard at the meeting. After its hearing 
12or upon receipt
of the written report of its hearing officer, 
13the board may take such
action as it finds appropriate. A pupil 
14who is suspended in excess of 20 school days may be immediately 
15transferred to an alternative program in the manner provided in 
16Article 13A or 13B of this Code. A pupil must not be denied 
17transfer because of the suspension, except in cases in which 
18such transfer is deemed to cause a threat to the safety of 
19students or staff in the alternative program.

20 (c) The Department of Human Services
shall be invited to 
21send a representative to consult with the board at
such meeting 
22whenever there is evidence that mental illness may be the
cause 
23for expulsion or suspension.

24 (d) The board may expel a student for a definite period of 
25time not to
exceed 2 calendar years, as determined on a case by 
26case basis.
A student who
is determined to have brought one of 
 
 
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1the following objects to school, any school-sponsored activity

2or event, or any activity or event that bears a reasonable 
3relationship to school shall be expelled for a period of not 
4less than
one year:
5  (1) A firearm. For the purposes of this Section, 
6 "firearm" means any gun, rifle, shotgun, weapon as defined 
7 by Section 921 of Title 18 of the United States Code, 
8 firearm as defined in Section 1.1 of the Firearm Owners 
9 Identification Card Act, or firearm as defined in Section 
10 24-1 of the Criminal Code of 2012. The expulsion period 
11 under this subdivision (1) may be modified by the 
12 superintendent, and the superintendent's determination may 
13 be modified by the board on a case-by-case basis.
14  (2) A knife, brass knuckles or other knuckle weapon 
15 regardless of its composition, a billy club, or any other 
16 object if used or attempted to be used to cause bodily 
17 harm, including "look alikes" of any firearm as defined in 
18 subdivision (1) of this subsection (d). The expulsion 
19 requirement under this subdivision (2) may be modified by 
20 the superintendent, and the superintendent's determination 
21 may be modified by the board on a case-by-case basis. 
22 Expulsion
or suspension
shall be construed in a
manner 
23consistent with the Federal Individuals with Disabilities 
24Education
Act. 
25 A student who is subject to suspension or expulsion as 
26provided in this
Section may be eligible for a transfer to an 
 
 
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1alternative school program in
accordance with Article 13A of 
2the School Code. 
3 Out-of-school suspensions of up to 3 school days may be 
4used only when necessary to protect the safety of other 
5students or staff within the school or to avoid a significant 
6disruption of the educational process. A student may not be 
7removed from school for longer than 3 school days or removed to 
8an alternative setting for disciplinary reasons unless it is 
9necessary to avoid a significant threat of imminent serious 
10harm to other students or to staff. All school exclusions must 
11be limited in duration to the greatest extent practicable.
12 The provisions of this
subsection (d) apply in all school 
13districts,
including special charter districts and districts 
14organized under Article 34.

15 (d-5) The board may suspend or by regulation
authorize the 
16superintendent of the district or the principal, assistant

17principal, or dean of students of any
school to suspend a 
18student for a period not to exceed
10 school days or may expel 
19a student for a definite period of time not to
exceed 2 
20calendar years, as determined on a case by case basis, if (i) 
21that student has been determined to have made an explicit 
22threat on an Internet website against a school employee, a 
23student, or any school-related personnel, (ii) the Internet 
24website through which the threat was made is a site that was 
25accessible within the school at the time the threat was made or 
26was available to third parties who worked or studied within the 
 
 
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1school grounds at the time the threat was made, and (iii) the 
2threat could be reasonably interpreted as threatening to the 
3safety and security of the threatened individual because of his 
4or her duties or employment status or status as a student 
5inside the school. The provisions of this
subsection (d-5) 
6apply in all school districts,
including special charter 
7districts and districts organized under Article 34 of this 
8Code.

9 (e) To maintain order and security in the schools, school 
10authorities may
inspect and search places and areas such as 
11lockers, desks, parking lots, and
other school property and 
12equipment owned or controlled by the school, as well
as 
13personal effects left in those places and areas by students, 
14without notice
to or the consent of the student, and without a 
15search warrant. As a matter of
public policy, the General 
16Assembly finds that students have no reasonable
expectation of 
17privacy in these places and areas or in their personal effects

18left in these places and areas. School authorities may request 
19the assistance
of law enforcement officials for the purpose of 
20conducting inspections and
searches of lockers, desks, parking 
21lots, and other school property and
equipment owned or 
22controlled by the school for illegal drugs, weapons, or
other

23illegal or dangerous substances or materials, including 
24searches conducted
through the use of specially trained dogs. 
25If a search conducted in accordance
with this Section produces 
26evidence that the student has violated or is
violating either 
 
 
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1the law, local ordinance, or the school's policies or rules,

2such evidence may be seized by school authorities, and 
3disciplinary action may
be taken. School authorities may also 
4turn over such evidence to law
enforcement authorities. The 
5provisions of this subsection (e) apply in all
school 
6districts, including special charter districts and districts 
7organized
under Article 34.

8 (f) Suspension or expulsion may include suspension or 
9expulsion from
school and all school activities and a 
10prohibition from being present on school
grounds.

11 (g) A school district may adopt a policy providing that if 
12a student
is suspended or expelled for any reason from any 
13public or private school
in this or any other state, the 
14student must complete the entire term of
the suspension or 
15expulsion in an alternative school program under Article 13A of 
16this Code or an alternative learning opportunities program 
17under Article 13B of this Code before being admitted into the 
18school
district if there is no threat to the safety of students 
19or staff in the alternative program. This subsection (g) 
20applies to
all school districts, including special charter 
21districts and districts
organized under Article 34 of this 
22Code.

23 (h) Students who are suspended out of school for longer 
24than 3 school days or removed to an alternative setting for 
25disciplinary reasons must be provided with behavioral support 
26services, as well alternative educational services, to promote 
 
 
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1their successful return to their regular school. This 
2subsection (h) applies to all school districts, including 
3special charter districts and districts organized under 
4Article 34 of this Code.
5 (i) Unless otherwise required by statute for a specific 
6criminal offense, a student may not be arrested or otherwise 
7cited for a criminal offense committed during school hours 
8while on school grounds, in a school vehicle, or at a school 
9activity or school-sanctioned event unless the offense 
10constitutes a felony in one of the classes defined in the 
11Criminal Code of 2012 or the student has committed an identical 
12offense within the preceding 6 months while on school grounds, 
13in a school vehicle, or at a school activity or 
14school-sanctioned event.
15 Nothing in this subsection (i) shall require the referral 
16of a student suspected of committing a felony offense to a law 
17enforcement officer or law enforcement agency. School 
18employees and officials retain their authority and discretion 
19under existing law to address a student's behavior through the 
20existing school discipline structure as modified by this 
21amendatory Act of the 98th General Assembly.
22 Nothing in this subsection (i) limits the rights and duties 
23of teachers, school administrators, other school district 
24employees, and law enforcement officers from reporting and 
25responding to criminal conduct by any individual who is not a 
26student under the school district's jurisdiction.
 
 
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1 This subsection (i) applies to all school districts, 
2including special charter districts and districts organized 
3under Article 34 of this Code.
4 (j) All incidents resulting in an out-of-school suspension 
5longer than 3 days, removal to an alternative setting, arrest, 
6or criminal citation must be documented in a written report 
7that includes a detailed description of the behavior at issue 
8and an explanation of why the actions taken were necessary. 
9These individual reports must be immediately provided to the 
10parent or guardian of the student and must be complied by each 
11school district into an annual summary report that is available 
12for public review. This subsection (j) applies to all school 
13districts, including special charter districts and districts 
14organized under Article 34 of this Code.
15 (k) Students may not be counseled by any school employee to 
16leave school voluntarily in order to avoid formal disciplinary 
17proceedings or because of any other disciplinary concerns. A 
18student may not be issued a monetary fine or fee as a 
19disciplinary consequence. 
20(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; 
2197-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; 
2297-1150, eff. 1-25-13.)





23 (105 ILCS 5/13A-11)



24 Sec. 13A-11. Chicago public schools. 

25 (a) The Chicago Board of Education may
establish 
 
 
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1alternative schools within Chicago and may contract with third

2parties for services otherwise performed by employees, 
3including those in a
bargaining unit, in accordance with 
4Sections 34-8.1, 34-18, and 34-49.

5 (b) Alternative schools operated by third parties within 
6Chicago shall be
exempt from all provisions of this the School 
7Code, except provisions concerning:


8  (1) student Student civil rights;


9  (2) staff Staff civil rights;


10  (3) health Health and safety;


11  (4) performance Performance and financial audits;


12  (5) the The Illinois Goals Assessment Program;


13  (6) Chicago learning outcomes;


14  (7) Sections 2-3.25a through 2-3.25j of this the School 
15 Code;


16  (8) the The Inspector General; and


17  (9) Section 34-2.4b of this the School Code; and .
18  (10) the discipline of students under Sections 10-22.6 
19 and 34-19 of this Code. 

20(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)




21 (105 ILCS 5/27A-5)


22 Sec. 27A-5. Charter school; legal entity; requirements. 

23 (a) A charter school shall be a public, nonsectarian, 
24nonreligious, non-home
based, and non-profit school. A charter 
25school shall be organized and operated
as a nonprofit 
 
 
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1corporation or other discrete, legal, nonprofit entity

2authorized under the laws of the State of Illinois.

3 (b) A charter school may be established under this Article 
4by creating a new
school or by converting an existing public 
5school or attendance center to
charter
school status.
Beginning 
6on the effective date of this amendatory Act of the 93rd 
7General
Assembly, in all new
applications submitted to the 
8State Board or a local school board to establish
a charter

9school in a city having a population exceeding 500,000, 
10operation of the
charter
school shall be limited to one campus. 
11The changes made to this Section by this
amendatory Act
of the 
1293rd General
Assembly do not apply to charter schools existing 
13or approved on or before the
effective date of this
amendatory 
14Act.
15 (b-5) In this subsection (b-5), "virtual-schooling" means 
16the teaching of courses through online methods with online 
17instructors, rather than the instructor and student being at 
18the same physical location. "Virtual-schooling" includes 
19without limitation instruction provided by full-time, online 
20virtual schools.
21 From April 1, 2013 through April 1, 2014, there is a 
22moratorium on the establishment of charter schools with 
23virtual-schooling components in school districts other than a 
24school district organized under Article 34 of this Code. This 
25moratorium does not apply to a charter school with 
26virtual-schooling components existing or approved prior to 
 
 
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1April 1, 2013 or to the renewal of the charter of a charter 
2school with virtual-schooling components already approved 
3prior to April 1, 2013.
4 On or before March 1, 2014, the Commission shall submit to 
5the General Assembly a report on the effect of 
6virtual-schooling, including without limitation the effect on 
7student performance, the costs associated with 
8virtual-schooling, and issues with oversight. The report shall 
9include policy recommendations for virtual-schooling. 

10 (c) A charter school shall be administered and governed by 
11its board of
directors or other governing body
in the manner 
12provided in its charter. The governing body of a charter school

13shall be subject to the Freedom of Information Act and the Open 
14Meetings Act.

15 (d) A charter school shall comply with all applicable 
16health and safety
requirements applicable to public schools 
17under the laws of the State of
Illinois.

18 (e) Except as otherwise provided in the School Code, a 
19charter school shall
not charge tuition; provided that a 
20charter school may charge reasonable fees
for textbooks, 
21instructional materials, and student activities.

22 (f) A charter school shall be responsible for the 
23management and operation
of its fiscal affairs including,
but 
24not limited to, the preparation of its budget. An audit of each 
25charter
school's finances shall be conducted annually by an 
26outside, independent
contractor retained by the charter 
 
 
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1school. Annually, by December 1, every charter school must 
2submit to the State Board a copy of its audit and a copy of the 
3Form 990 the charter school filed that year with the federal 
4Internal Revenue Service. 

5 (g) A charter school shall comply with all provisions of 
6this Article, the Illinois Educational Labor Relations Act, and

7its charter. A charter
school is exempt from all other State 
8laws and regulations in this the School Code
governing public

9schools and local school board policies, except the following:


10  (1) Sections 10-21.9 and 34-18.5 of this the School 
11 Code regarding criminal
history records checks and checks 
12 of the Statewide Sex Offender Database and Statewide 
13 Murderer and Violent Offender Against Youth Database of 
14 applicants for employment;


15  (2) Sections 10-22.6, 24-24, 34-19, and 34-84A of this 
16 the School Code regarding discipline of
students;


17  (3) the The Local Governmental and Governmental 
18 Employees Tort Immunity Act;


19  (4) Section 108.75 of the General Not For Profit 
20 Corporation Act of 1986
regarding indemnification of 
21 officers, directors, employees, and agents;


22  (5) the The Abused and Neglected Child Reporting Act;


23  (6) the The Illinois School Student Records Act;


24  (7) Section 10-17a of this the School Code regarding 
25 school report cards; and

26  (8) the The P-20 Longitudinal Education Data System 
 
 
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1 Act. 
2 The change made by Public Act 96-104 to this subsection (g) 
3is declaratory of existing law.
4 (h) A charter school may negotiate and contract with a 
5school district, the
governing body of a State college or 
6university or public community college, or
any other public or 
7for-profit or nonprofit private entity for: (i) the use
of a 
8school building and grounds or any other real property or 
9facilities that
the charter school desires to use or convert 
10for use as a charter school site,
(ii) the operation and 
11maintenance thereof, and
(iii) the provision of any service, 
12activity, or undertaking that the charter
school is required to 
13perform in order to carry out the terms of its charter.

14However, a charter school
that is established on
or
after the 
15effective date of this amendatory Act of the 93rd General

16Assembly and that operates
in a city having a population 
17exceeding
500,000 may not contract with a for-profit entity to

18manage or operate the school during the period that commences 
19on the
effective date of this amendatory Act of the 93rd 
20General Assembly and
concludes at the end of the 2004-2005 
21school year.
Except as provided in subsection (i) of this 
22Section, a school district may
charge a charter school 
23reasonable rent for the use of the district's
buildings, 
24grounds, and facilities. Any services for which a charter 
25school
contracts
with a school district shall be provided by 
26the district at cost. Any services
for which a charter school 
 
 
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1contracts with a local school board or with the
governing body 
2of a State college or university or public community college

3shall be provided by the public entity at cost.

4 (i) In no event shall a charter school that is established 
5by converting an
existing school or attendance center to 
6charter school status be required to
pay rent for space
that is 
7deemed available, as negotiated and provided in the charter 
8agreement,
in school district
facilities. However, all other 
9costs for the operation and maintenance of
school district 
10facilities that are used by the charter school shall be subject

11to negotiation between
the charter school and the local school 
12board and shall be set forth in the
charter.

13 (j) A charter school may limit student enrollment by age or 
14grade level.

15 (k) If the charter school is approved by the Commission, 
16then the Commission charter school is its own local education 
17agency. 
18(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 
1997-813, eff. 7-13-12; 98-16, eff. 5-24-13.)


20 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
21 Sec. 34-19. By-laws, rules and regulations; business 
22transacted at
regular meetings; voting; records.  The board 
23shall, subject to the limitations
in this Article, establish 
24by-laws, rules and regulations, which shall have the
force of 
25ordinances, for the proper maintenance of a uniform system of

 
 
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1discipline for both employees and pupils, and for the entire 
2management of the
schools, and may fix the school age of 
3pupils, the minimum of which in
kindergartens shall not be 
4under 4 years, except that, based upon an assessment of the 
5child's readiness, children who have attended a non-public 
6preschool and continued their education at that school through 
7kindergarten, were taught in kindergarten by an appropriately 
8certified teacher, and will attain the age of 6 years on or 
9before December 31 of the year of the 2009-2010 school term and 
10each school term thereafter may attend first grade upon 
11commencement of such term, and in grade schools shall not be

12under 6 years. It may expel a pupil by removing the pupil from 
13a school or educational setting for a period of more than 10 
14school days for posing a significant threat of imminent serious 
15harm to other pupils or to staff, suspend a pupil by removing 
16the pupil from a school or educational setting for a period of 
17not more than 10 school days for a serious act of misconduct, 
18or, subject to the limitations of all
policies established or 
19adopted under Section 14-8.05, otherwise discipline any
pupil 
20found guilty of violating gross disobedience, misconduct or 
21other violation of the
by-laws, rules, and regulations, 
22including gross disobedience or misconduct perpetuated by 
23electronic means. Students may not be counseled by any school 
24employee to leave school voluntarily in order to avoid formal 
25disciplinary proceedings or because of any other disciplinary 
26concerns. A student may not be issued a monetary fine or fee as 
 
 
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1a disciplinary consequence. An expelled pupil may be 
2immediately transferred to an alternative program in the manner 
3provided in Article 13A or 13B of this Code. A pupil must not 
4be denied transfer because of the expulsion, except in cases in 
5which such transfer is deemed to cause a threat to the safety 
6of students or staff in the alternative program. A pupil who is 
7suspended in excess of 20 school days may be immediately 
8transferred to an alternative program in the manner provided in 
9Article 13A or 13B of this Code. A pupil must not be denied 
10transfer because of the suspension, except in cases in which 
11such transfer is deemed to cause a threat to the safety of 
12students or staff in the alternative program. The bylaws, rules 
13and regulations of the board
shall be enacted, money shall be 
14appropriated or expended, salaries shall be
fixed or changed, 
15and textbooks, electronic textbooks, and courses of 
16instruction shall be adopted or
changed only at the regular 
17meetings of the board and by a vote of a
majority of the full 
18membership of the board; provided that
notwithstanding any 
19other provision of this Article or the School Code,
neither the 
20board or any local school council may purchase any textbook for 
21use in any public school of the
district from any textbook 
22publisher that fails to furnish any computer
diskettes as 
23required under Section 28-21. Funds appropriated for textbook 
24purchases must be available for electronic textbook purchases 
25and the technological equipment necessary to gain access to and 
26use electronic textbooks at the local school council's 
 
 
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1discretion. The board shall be further
encouraged to provide 
2opportunities for public hearing and testimony before
the 
3adoption of bylaws, rules and regulations. Upon all 
4propositions
requiring for their adoption at least a majority 
5of all the members of the
board the yeas and nays shall be 
6taken and reported. The by-laws, rules and
regulations of the 
7board shall not be repealed, amended or added to, except
by a 
8vote of 2/3 of the full membership of the board. The board 
9shall keep
a record of all its proceedings. Such records and 
10all
by-laws, rules and regulations, or parts thereof, may be 
11proved by a copy
thereof certified to be such by the secretary 
12of the board, but if they are
printed in book or pamphlet form 
13which are purported to be published by
authority of the board 
14they need not be otherwise published and the book or
pamphlet 
15shall be received as evidence, without further proof, of the

16records, by-laws, rules and regulations, or any part thereof, 
17as of the
dates thereof as shown in such book or pamphlet, in 
18all courts and places
where judicial proceedings are had.
19 Notwithstanding any other provision in this Article or in 
20the School
Code, the board may delegate to the general 
21superintendent or to the
attorney the authorities granted to 
22the board in the School Code, provided
such delegation and 
23appropriate oversight procedures are made pursuant to
board 
24by-laws, rules and regulations, adopted as herein provided, 
25except that
the board may not delegate its authorities and 
26responsibilities regarding (1)
budget approval obligations; 
 
 
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1(2) rule-making functions; (3) desegregation
obligations; (4) 
2real estate acquisition, sale or lease in excess of 10 years
as 
3provided in Section 34-21; (5) the levy of taxes; or (6) any 
4mandates
imposed upon the board by "An Act in relation to 
5school reform in cities over
500,000, amending Acts herein 
6named", approved December 12, 1988 (P.A.
85-1418).
7(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; 
897-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 
97-13-12.)


 
 
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1
INDEX

2
Statutes amended in order of appearance