SCH CD-SUSPENSION/EXPULSION

Illinois General Assembly - Full Text of HB3772

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HB3772 - 104th General Assembly

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HB3772 Enrolled
LRB104 10321 LNS 20395 b
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
2-3.162, 10-22.6, 13B-20.25, 13B-20.30, and 13B-25.5 as
6
follows:

7

(105 ILCS 5/2-3.162)
8

Sec. 2-3.162.
Student discipline report; school discipline
9
improvement plan.

10

(a) On or before October 31, 2015 and on or before October
11
31 of each subsequent year, the State Board of Education,
12
through the State Superintendent of Education, shall prepare a
13
report on student discipline in all school districts in this
14
State, including State-authorized charter schools. This report
15
shall include data from all public schools within school
16
districts, including district-authorized charter schools. This
17
report must be posted on the Internet website of the State
18
Board of Education. The report shall include data on the
19
issuance of out-of-school suspensions, expulsions, and
20
removals to alternative settings in lieu of another
21
disciplinary action, disaggregated by race and ethnicity,
22
gender, age, grade level, whether a student is an English
23
learner, incident type, and discipline duration.
Such data

HB3772 Enrolled
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1
shall be reported to the State Board of Education annually by
2
all school districts in this State, including State-authorized
3
charter schools, in a form and manner specified by the State
4
Board of Education, no later than July 31 for the previous
5
school year and by July 31 of each year thereafter.

6

(b) The State Board of Education shall analyze the data
7
under subsection (a) of this Section on an annual basis and
8
determine the top 20% of school districts for the following
9
metrics:
10

(1) Total number of out-of-school suspensions divided
11

by the total district enrollment by the last school day in
12

September for the year in which the data was collected,
13

multiplied by 100.
14

(2) Total number of out-of-school expulsions divided
15

by the total district enrollment by the last school day in
16

September for the year in which the data was collected,
17

multiplied by 100.
18

(3) Racial disproportionality, defined as the
19

overrepresentation of students of color or white students
20

in comparison to the total number of students of color or
21

white students on October 1st of the school year in which
22

data are collected, with respect to the use of
23

out-of-school suspensions and expulsions, which must be
24

calculated using the same method as the U.S. Department of
25

Education's Office for Civil Rights uses.
26

The analysis must be based on data collected over 3

HB3772 Enrolled
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1
consecutive school years, beginning with the 2014-2015 school
2
year.
3

Beginning with the 2017-2018 school year, the State Board
4
of Education shall require each of the school districts that
5
are identified in the top 20% of any of the metrics described
6
in this subsection (b) for 3 consecutive years to submit a plan
7
identifying the strategies the school district will implement
8
to reduce the use of exclusionary disciplinary practices or
9
racial disproportionality or both, if applicable. School
10
districts that no longer meet the criteria described in any of
11
the metrics described in this subsection (b) for 3 consecutive
12
years shall no longer be required to submit a plan.
13

This plan may be combined with any other improvement plans
14
required under federal or State law.
15

The calculation of the top 20% of any of the metrics
16
described in this subsection (b) shall exclude all school
17
districts, State-authorized charter schools, and special
18
charter districts that issued fewer than a total of 10
19
out-of-school suspensions or expulsions, whichever is
20
applicable, during the school year. The calculation of the top
21
20% of the metric described in subdivision (3) of this
22
subsection (b) shall exclude all school districts with an
23
enrollment of fewer than 50 white students or fewer than 50
24
students of color.
25

The plan must be approved at a public school board meeting
26
and posted on the school district's Internet website. Within

HB3772 Enrolled
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1
one year after being identified, the school district shall
2
submit to the State Board of Education and post on the
3
district's Internet website a progress report describing the
4
implementation of the plan and the results achieved.
5
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15;
6
100-863, eff. 8-14-18.)

7

(105 ILCS 5/10-22.6)

(from Ch. 122, par. 10-22.6)
8

(Text of Section before amendment by P.A. 102-466
)
9

Sec. 10-22.6.
Suspension or expulsion of students; school
10
searches.
11

(a) To expel students guilty of gross disobedience or
12
misconduct, including gross disobedience or misconduct
13
perpetuated by electronic means, pursuant to subsection (b-20)
14
of this Section, and no action shall lie against them for such
15
expulsion. Expulsion shall take place only after the parents
16
have been requested to appear at a meeting of the board, or
17
with a hearing officer appointed by it, to discuss their
18
child's behavior. Such request shall be made by registered or
19
certified mail and shall state the time, place and purpose of
20
the meeting. The board, or a hearing officer appointed by it,
21
at such meeting shall state the reasons for dismissal and the
22
date on which the expulsion is to become effective. If a
23
hearing officer is appointed by the board, the hearing officer
24
shall report to the board a written summary of the evidence
25
heard at the meeting and the board may take such action thereon

HB3772 Enrolled
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1
as it finds appropriate. If the board acts to expel a student,
2
the written expulsion decision shall detail the specific
3
reasons why removing the student from the learning environment
4
is in the best interest of the school. The expulsion decision
5
shall also include a rationale as to the specific duration of
6
the expulsion. An expelled student may be immediately
7
transferred to an alternative program in the manner provided
8
in Article 13A or 13B of this Code. A student must not be
9
denied transfer because of the expulsion, except in cases in
10
which such transfer is deemed to cause a threat to the safety
11
of students or staff in the alternative program.
12

(b) To suspend or by policy to authorize the
13
superintendent of the district or the principal, assistant
14
principal, or dean of students of any school to suspend
15
students guilty of gross disobedience or misconduct, or to
16
suspend students guilty of gross disobedience or misconduct on
17
the school bus from riding the school bus, pursuant to
18
subsections (b-15) and (b-20) of this Section, and no action
19
shall lie against them for such suspension. The board may by
20
policy authorize the superintendent of the district or the
21
principal, assistant principal, or dean of students of any
22
school to suspend students guilty of such acts for a period not
23
to exceed 10 school days. If a student is suspended due to
24
gross disobedience or misconduct on a school bus, the board
25
may suspend the student in excess of 10 school days for safety
26
reasons.

HB3772 Enrolled
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1

Any suspension shall be reported immediately to the
2
parents or guardian of a student along with a full statement of
3
the reasons for such suspension and a notice of their right to
4
a review. The school board must be given a summary of the
5
notice, including the reason for the suspension and the
6
suspension length. Upon request of the parents or guardian,
7
the school board or a hearing officer appointed by it shall
8
review such action of the superintendent or principal,
9
assistant principal, or dean of students. At such review, the
10
parents or guardian of the student may appear and discuss the
11
suspension with the board or its hearing officer. If a hearing
12
officer is appointed by the board, he shall report to the board
13
a written summary of the evidence heard at the meeting. After
14
its hearing or upon receipt of the written report of its
15
hearing officer, the board may take such action as it finds
16
appropriate. If a student is suspended pursuant to this
17
subsection (b), the board shall, in the written suspension
18
decision, detail the specific act of gross disobedience or
19
misconduct resulting in the decision to suspend. The
20
suspension decision shall also include a rationale as to the
21
specific duration of the suspension.
22

(b-5) Among the many possible disciplinary interventions
23
and consequences available to school officials, school
24
exclusions, such as out-of-school suspensions and expulsions,
25
are the most serious. School officials shall limit the number
26
and duration of expulsions and suspensions to the greatest

HB3772 Enrolled
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1
extent practicable, and it is recommended that they use them
2
only for legitimate educational purposes. To ensure that
3
students are not excluded from school unnecessarily, it is
4
recommended that school officials consider forms of
5
non-exclusionary discipline prior to using out-of-school
6
suspensions or expulsions.
7

(b-10) Unless otherwise required by federal law or this
8
Code, school boards may not institute zero-tolerance policies
9
by which school administrators are required to suspend or
10
expel students for particular behaviors.
11

(b-15) Out-of-school suspensions of 3 days or less may be
12
used only if the student's continuing presence in school would
13
pose a threat to school safety or a disruption to other
14
students' learning opportunities. For purposes of this
15
subsection (b-15), "threat to school safety or a disruption to
16
other students' learning opportunities" shall be determined on
17
a case-by-case basis by the school board or its designee.
18
School officials shall make all reasonable efforts to resolve
19
such threats, address such disruptions, and minimize the
20
length of suspensions to the greatest extent practicable.
21

(b-20) Unless otherwise required by this Code,
22
out-of-school suspensions of longer than 3 days, expulsions,
23
and disciplinary removals to alternative schools may be used
24
only if other appropriate and available behavioral and
25
disciplinary interventions have been exhausted and the
26
student's continuing presence in school would either (i) pose

HB3772 Enrolled
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1
a threat to the safety of other students, staff, or members of
2
the school community or (ii) substantially disrupt, impede, or
3
interfere with the operation of the school. For purposes of
4
this subsection (b-20), "threat to the safety of other
5
students, staff, or members of the school community" and
6
"substantially disrupt, impede, or interfere with the
7
operation of the school" shall be determined on a case-by-case
8
basis by school officials. For purposes of this subsection
9
(b-20), the determination of whether "appropriate and
10
available behavioral and disciplinary interventions have been
11
exhausted" shall be made by school officials. School officials
12
shall make all reasonable efforts to resolve such threats,
13
address such disruptions, and minimize the length of student
14
exclusions to the greatest extent practicable. Within the
15
suspension decision described in subsection (b) of this
16
Section or the expulsion decision described in subsection (a)
17
of this Section, it shall be documented whether other
18
interventions were attempted or whether it was determined that
19
there were no other appropriate and available interventions.
20

(b-25) Students who are suspended out-of-school for longer
21
than 3 school days shall be provided appropriate and available
22
support services during the period of their suspension. For
23
purposes of this subsection (b-25), "appropriate and available
24
support services" shall be determined by school authorities.
25
Within the suspension decision described in subsection (b) of
26
this Section, it shall be documented whether such services are

HB3772 Enrolled
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LRB104 10321 LNS 20395 b
1
to be provided or whether it was determined that there are no
2
such appropriate and available services.
3

A school district may refer students who are expelled to
4
appropriate and available support services.
5

A school district shall create a policy to facilitate the
6
re-engagement of students who are suspended out-of-school,
7
expelled, or returning from an alternative school setting. In
8
consultation with stakeholders deemed appropriate by the State
9
Board of Education, the State Board of Education shall draft
10
and publish guidance for the re-engagement of students who are
11
suspended out-of-school, expelled, or returning from an
12
alternative school setting in accordance with this Section and
13
Section 13A-4 on or before July 1, 2025.
14

(b-30) A school district shall create a policy by which
15
suspended students, including those students suspended from
16
the school bus who do not have alternate transportation to
17
school, shall have the opportunity to make up work for
18
equivalent academic credit. It shall be the responsibility of
19
a student's parent or guardian to notify school officials that
20
a student suspended from the school bus does not have
21
alternate transportation to school.
22

(c) A school board must invite a representative from a
23
local mental health agency to consult with the board at the
24
meeting whenever there is evidence that mental illness may be
25
the cause of a student's expulsion or suspension.
26

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

HB3772 Enrolled
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LRB104 10321 LNS 20395 b
1
provide ongoing professional development to all school
2
personnel, school board members, and school resource officers
,

3
on the requirements of this Section and Section 10-20.14, the
4
adverse consequences of school exclusion and justice-system
5
involvement, effective classroom management strategies,
6
culturally responsive discipline, trauma-responsive learning
7
environments, as defined in subsection (b) of Section 3-11,
8
the appropriate and available supportive services for the
9
promotion of student attendance and engagement, and
10
developmentally appropriate disciplinary methods that promote
11
positive and healthy school climates.
12

(d) The board may expel a student for a definite period of
13
time not to exceed 2 calendar years, as determined on a
14
case-by-case basis. A student who is determined to have
15
brought one of the following objects to school, any
16
school-sponsored activity or event, or any activity or event
17
that bears a reasonable relationship to school shall be
18
expelled for a period of not less than one year:
19

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

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

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

firearm as defined in Section 1.1 of the Firearm Owners
23

Identification Card Act, or firearm as defined in Section
24

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

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

superintendent, and the superintendent's determination may

HB3772 Enrolled
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LRB104 10321 LNS 20395 b
1

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

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

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

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

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

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

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

the superintendent, and the superintendent's determination
9

may be modified by the board on a case-by-case basis.
10
Expulsion or suspension shall be construed in a manner
11
consistent with the federal Individuals with Disabilities
12
Education Act. A student who is subject to suspension or
13
expulsion as provided in this Section may be eligible for a
14
transfer to an alternative school program in accordance with
15
Article 13A of the School Code.
16

(d-5) The board may suspend or by regulation authorize the
17
superintendent of the district or the principal, assistant
18
principal, or dean of students of any school to suspend a
19
student for a period not to exceed 10 school days or may expel
20
a student for a definite period of time not to exceed 2
21
calendar years, as determined on a case-by-case basis, if (i)
22
that student has been determined to have made an explicit
23
threat on an Internet website against a school employee, a
24
student, or any school-related personnel, (ii) the Internet
25
website through which the threat was made is a site that was
26
accessible within the school at the time the threat was made or

HB3772 Enrolled
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1
was available to third parties who worked or studied within
2
the school grounds at the time the threat was made, and (iii)
3
the threat could be reasonably interpreted as threatening to
4
the safety and security of the threatened individual because
5
of the individual's duties or employment status or status as a
6
student inside the school.
7

(e) To maintain order and security in the schools, school
8
authorities may inspect and search places and areas such as
9
lockers, desks, parking lots, and other school property and
10
equipment owned or controlled by the school, as well as
11
personal effects left in those places and areas by students,
12
without notice to or the consent of the student, and without a
13
search warrant. As a matter of public policy, the General
14
Assembly finds that students have no reasonable expectation of
15
privacy in these places and areas or in their personal effects
16
left in these places and areas. School authorities may request
17
the assistance of law enforcement officials for the purpose of
18
conducting inspections and searches of lockers, desks, parking
19
lots, and other school property and equipment owned or
20
controlled by the school for illegal drugs, weapons, or other
21
illegal or dangerous substances or materials, including
22
searches conducted through the use of specially trained dogs.
23
If a search conducted in accordance with this Section produces
24
evidence that the student has violated or is violating either
25
the law, local ordinance, or the school's policies or rules,
26
such evidence may be seized by school authorities, and

HB3772 Enrolled
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1
disciplinary action may be taken. School authorities may also
2
turn over such evidence to law enforcement authorities.
3

(f) Suspension or expulsion may include suspension or
4
expulsion from school and all school activities and a
5
prohibition from being present on school grounds.
6

(g) A school district may adopt a policy providing that if
7
a student is suspended or expelled for any reason from any
8
public or private school in this or any other state, the
9
student must complete the entire term of the suspension or
10
expulsion in an alternative school program under Article 13A
11
of this Code or an alternative learning opportunities program
12
under Article 13B of this Code before being admitted into the
13
school district if there is no threat to the safety of students
14
or staff in the alternative program.
15

(h) School officials shall not advise or encourage
16
students to drop out voluntarily due to behavioral or academic
17
difficulties.
18

(i) A student may not be issued a monetary fine or fee as a
19
disciplinary consequence, though this shall not preclude
20
requiring a student to provide restitution for lost, stolen,
21
or damaged property.
22

(j) Subsections (a) through (i) of this Section shall
23
apply to elementary and secondary schools, charter schools,
24
special charter districts, and school districts organized
25
under Article 34 of this Code.
26

(k) The expulsion of students enrolled in programs funded

HB3772 Enrolled
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LRB104 10321 LNS 20395 b
1
under Section 1C-2 of this Code is subject to the requirements
2
under paragraph (7) of subsection (a) of Section 2-3.71 of
3
this Code.
4

(l) An in-school suspension program provided by a school
5
district for any students in kindergarten through grade 12 may
6
focus on promoting non-violent conflict resolution and
7
positive interaction with other students and school personnel.
8
A school district may employ a school social worker or a
9
licensed mental health professional to oversee an in-school
10
suspension program in kindergarten through grade 12.
11
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
12
103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)

13

(Text of Section after amendment by P.A. 102-466
)
14

Sec. 10-22.6.
Suspension or expulsion of students; school
15
searches.
16

(a) To expel students
in grades 3 through 12
guilty of
17
gross disobedience or misconduct, including gross disobedience
18
or misconduct perpetuated by electronic means, pursuant to
19
subsection (b-20) of this Section, and no action shall lie
20
against them for such expulsion.
Unless otherwise required by
21
subsection (d), in no case may a school board expel a student
22
in kindergarten through grade 2. No action may be brought
23
against the school board for an expulsion in kindergarten
24
through grade 2 pursuant to subsection (d). Subject to this
25
grade-level restriction, expulsion

Expulsion
shall take place

HB3772 Enrolled
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1
only after the parents or guardians have been requested to
2
appear at a meeting of the board, or with a hearing officer
3
appointed by it, to discuss their child's behavior. Such
4
request shall be made by registered or certified mail and
5
shall state the time, place and purpose of the meeting. The
6
board, or a hearing officer appointed by it, at such meeting
7
shall state the reasons for dismissal and the date on which the
8
expulsion is to become effective. If a hearing officer is
9
appointed by the board, the hearing officer shall report to
10
the board a written summary of the evidence heard at the
11
meeting and the board may take such action thereon as it finds
12
appropriate. If the board acts to expel a student, the written
13
expulsion decision shall detail the specific reasons why
14
removing the student from the learning environment is in the
15
best interest of the school. The expulsion decision shall also
16
include a rationale as to the specific duration of the
17
expulsion. An expelled student may be immediately transferred
18
to an alternative program in the manner provided in Article
19
13A or 13B of this Code. A student must not be denied transfer
20
because of the expulsion, except in cases in which such
21
transfer is deemed to cause a threat to the safety of students
22
or staff in the alternative program.
23

(b) To suspend or by policy to authorize the
24
superintendent of the district or the principal, assistant
25
principal, or dean of students of any school to suspend
26
students guilty of gross disobedience or misconduct, or to

HB3772 Enrolled
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LRB104 10321 LNS 20395 b
1
suspend students guilty of gross disobedience or misconduct on
2
the school bus from riding the school bus, pursuant to
3
subsections (b-15) and (b-20) of this Section, and no action
4
shall lie against them for such suspension. The board may by
5
policy authorize the superintendent of the district or the
6
principal, assistant principal, or dean of students of any
7
school to suspend students guilty of such acts for a period not
8
to exceed 10 school days. If a student is suspended due to
9
gross disobedience or misconduct on a school bus, the board
10
may suspend the student in excess of 10 school days for safety
11
reasons.
The superintendent of the school district shall be
12
required to provide verbal or written approval to suspend a
13
student in kindergarten through grade 2 for longer than 3
14
school days. If superintendent approval is not received by the
15
third day, the student shall return to school by the fourth
16
day. For suspensions of longer than 3 days, the length of the
17
suspension for any student in kindergarten through grade 2
18
shall not be for longer than the number of days required by the
19
school district to review, amend, develop, or implement a
20
behavior intervention plan or safety plan.

21

Any suspension shall be reported immediately to the
22
parents or guardians of a student along with a full statement
23
of the reasons for such suspension and a notice of their right
24
to a review. The school board must be given a summary of the
25
notice, including the reason for the suspension and the
26
suspension length. Upon request of the parents or guardians,

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1
the school board or a hearing officer appointed by it shall
2
review such action of the superintendent or principal,
3
assistant principal, or dean of students. At such review, the
4
parents or guardians of the student may appear and discuss the
5
suspension with the board or its hearing officer. If a hearing
6
officer is appointed by the board, he shall report to the board
7
a written summary of the evidence heard at the meeting. After
8
its hearing or upon receipt of the written report of its
9
hearing officer, the board may take such action as it finds
10
appropriate. If a student is suspended pursuant to this
11
subsection (b), the board shall, in the written suspension
12
decision, detail the specific act of gross disobedience or
13
misconduct resulting in the decision to suspend. The
14
suspension decision shall also include a rationale as to the
15
specific duration of the suspension.
16

(b-5) Among the many possible disciplinary interventions
17
and consequences available to school officials, school
18
exclusions, such as out-of-school suspensions and expulsions,
19
are the most serious. School officials shall limit the number
20
and duration of expulsions and suspensions to the greatest
21
extent practicable, and it is recommended that they use them
22
only for legitimate educational purposes. To ensure that
23
students are not excluded from school unnecessarily, it is
24
recommended that school officials consider forms of
25
non-exclusionary discipline prior to using out-of-school
26
suspensions or expulsions.

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(b-10) Unless otherwise required by
subsection (d)

federal
2
law or this Code
, school boards may not institute
3
zero-tolerance policies by which school administrators are
4
required to suspend or expel students for particular
5
behaviors.
6

(b-15) Out-of-school suspensions of 3 days or less may be
7
used only if the student's continuing presence in school would
8
pose a threat to school safety or a disruption to other
9
students' learning opportunities. For purposes of this
10
subsection (b-15), "threat to school safety or a disruption to
11
other students' learning opportunities" shall be determined on
12
a case-by-case basis by the school board or its designee.
13
School officials shall make all reasonable efforts to resolve
14
such threats, address such disruptions, and minimize the
15
length of suspensions to the greatest extent practicable.
16

(b-20) Unless otherwise required by this Code,
17
out-of-school suspensions of longer than 3 days, expulsions
18
for students in grades 3 through 12 or, if required by
19
subsection (d), expulsions for students in kindergarten
20
through grade 2
, and disciplinary removals to alternative
21
schools
for students who meet the grade-level restrictions set
22
forth in Articles 13A and 13B
may be used only if other
23
appropriate and available behavioral and disciplinary
24
interventions have been exhausted and the student's continuing
25
presence in school would either (i) pose a threat to the safety
26
of other students, staff, or members of the school community

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or (ii) substantially disrupt, impede, or interfere with the
2
operation of the school. For purposes of this subsection
3
(b-20), "threat to the safety of other students, staff, or
4
members of the school community" and "substantially disrupt,
5
impede, or interfere with the operation of the school" shall
6
be determined on a case-by-case basis by school officials. For
7
purposes of this subsection (b-20), the determination of
8
whether "appropriate and available behavioral and disciplinary
9
interventions have been exhausted" shall be made by school
10
officials. School officials shall make all reasonable efforts
11
to resolve such threats, address such disruptions, and
12
minimize the length of student exclusions to the greatest
13
extent practicable. Within the suspension decision described
14
in subsection (b) of this Section or the expulsion decision
15
described in subsection (a) of this Section, it shall be
16
documented whether other interventions were attempted or
17
whether it was determined that there were no other appropriate
18
and available interventions.
19

(b-25) Students who are suspended out-of-school for longer
20
than 3 school days shall be provided appropriate and available
21
support services during the period of their suspension. For
22
purposes of this subsection (b-25), "appropriate and available
23
support services" shall be determined by school authorities.
24
Within the suspension decision described in subsection (b) of
25
this Section, it shall be documented whether such services are
26
to be provided or whether it was determined that there are no

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such appropriate and available services.
The superintendent of
2
the school district shall be required to provide verbal or
3
written approval to suspend a student in kindergarten through
4
grade 2 for longer than 3 school days. If superintendent
5
approval is not received by the third day, the student shall
6
return to school by the fourth day.

7

A school district may refer students who are expelled to
8
appropriate and available support services.
9

A school district shall create a policy to facilitate the
10
re-engagement of students who are suspended out-of-school,
11
expelled, or returning from an alternative school setting. In
12
consultation with stakeholders deemed appropriate by the State
13
Board of Education, the State Board of Education shall draft
14
and publish guidance for the re-engagement of students who are
15
suspended out-of-school, expelled, or returning from an
16
alternative school setting in accordance with this Section and
17
Section 13A-4 on or before July 1, 2025.
18

(b-30) A school district shall create a policy by which
19
suspended students, including those students suspended from
20
the school bus who do not have alternate transportation to
21
school, shall have the opportunity to make up work for
22
equivalent academic credit. It shall be the responsibility of
23
a student's parents or guardians to notify school officials
24
that a student suspended from the school bus does not have
25
alternate transportation to school.
26

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

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subsection (b) or expulsion hearings conducted under
2
subsection (a), a student may disclose any factor to be
3
considered in mitigation, including his or her status as a
4
parent, expectant parent, or victim of domestic or sexual
5
violence, as defined in Article 26A. A representative of the
6
parent's or guardian's choice, or of the student's choice if
7
emancipated, must be permitted to represent the student
8
throughout the proceedings and to address the school board or
9
its appointed hearing officer. With the approval of the
10
student's parent or guardian, or of the student if
11
emancipated, a support person must be permitted to accompany
12
the student to any disciplinary hearings or proceedings. The
13
representative or support person must comply with any rules of
14
the school district's hearing process. If the representative
15
or support person violates the rules or engages in behavior or
16
advocacy that harasses, abuses, or intimidates either party, a
17
witness, or anyone else in attendance at the hearing, the
18
representative or support person may be prohibited from
19
further participation in the hearing or proceeding. A
20
suspension or expulsion proceeding under this subsection
21
(b-35) must be conducted independently from any ongoing
22
criminal investigation or proceeding, and an absence of
23
pending or possible criminal charges, criminal investigations,
24
or proceedings may not be a factor in school disciplinary
25
decisions.
26

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

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subsection (b) or an expulsion hearing conducted under
2
subsection (a) that involves allegations of sexual violence by
3
the student who is subject to discipline, neither the student
4
nor his or her representative shall directly question nor have
5
direct contact with the alleged victim. The student who is
6
subject to discipline or his or her representative may, at the
7
discretion and direction of the school board or its appointed
8
hearing officer, suggest questions to be posed by the school
9
board or its appointed hearing officer to the alleged victim.
10

(c) A school board must invite a representative from a
11
local mental health agency to consult with the board at the
12
meeting whenever there is evidence that mental illness may be
13
the cause of a student's expulsion or suspension.
14

(c-5) School districts shall make reasonable efforts to
15
provide ongoing professional development to all school
16
personnel, school board members, and school resource officers
17
on the requirements of this Section and Section 10-20.14, the
18
adverse consequences of school exclusion and justice-system
19
involvement, effective classroom management strategies,
20
culturally responsive discipline, trauma-responsive learning
21
environments, as defined in subsection (b) of Section 3-11,
22
the appropriate and available supportive services for the
23
promotion of student attendance and engagement, and
24
developmentally appropriate disciplinary methods that promote
25
positive and healthy school climates.
26

(d) The board may expel a student
in grades 3 through 12

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for a definite period of time not to exceed 2 calendar years,
2
as determined on a case-by-case basis.
In no case may a student
3
expelled under this Section be expelled for a period exceeding
4
2 calendar years.
A student
in kindergarten through grade 12

5
who is determined to have brought
or possessed
one of the
6
following objects to
or at
school, any school-sponsored
7
activity or event, or any activity or event that bears a
8
reasonable relationship to school shall be expelled for a
9
period of not less than one year:
10

(1) A firearm. For the purposes of this Section,
11

"firearm" means any gun, rifle, shotgun, weapon as defined
12

by Section 921 of Title 18 of the United States Code,
13

firearm as defined in Section 1.1 of the Firearm Owners
14

Identification Card Act, or firearm as defined in Section
15

24-1 of the Criminal Code of 2012. The expulsion
16

requirement

period
under this subdivision (1) may be
17

modified by the superintendent
if such modification is in
18

writing
, and the superintendent's determination may be
19

modified by the board on a case-by-case basis
if such
20

modification is in writing
.
21

(2) A knife, brass knuckles or other knuckle weapon
22

regardless of its composition, a billy club, or any other
23

object if used or attempted to be used to cause bodily
24

harm, including "look alikes" of any firearm as defined in
25

subdivision (1) of this subsection (d).
For purposes of
26

this subdivision (2), "bodily harm" means an injury that

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1

involves a substantial risk of death, protracted and
2

obvious disfigurement, or protracted loss or impairment of
3

the function of a bodily member or organ.
The expulsion
4

requirement under this subdivision (2) may be modified by
5

the superintendent, and the superintendent's determination
6

may be modified by the board on a case-by-case basis.
The
7

board may not expel a student in kindergarten through
8

grade 2 under this subdivision (2) unless the student is
9

determined to have brought or possessed the object with
10

the intent to cause bodily harm.

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
, for a student in grades 3 through 12,
may
18
suspend or
,
by regulation
,
authorize the superintendent of the
19
district or the principal, assistant principal, or dean of
20
students of any school to suspend
or, for a student in
21
kindergarten through grade 2, may suspend or, by regulation,
22
authorize the superintendent of the district to suspend
a
23
student for a period not to exceed 10 school days or may expel
24
a student
in grades 3 through 12 or, if required by subsection
25
(d), a student in kindergarten through grade 2
for a definite
26
period of time not to exceed 2 calendar years, as determined on

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1
a case-by-case basis, if (i) that student has been determined
2
to have made an explicit threat on an Internet website against
3
a school employee, a student, or any school-related personnel,
4
(ii) the Internet website through which the threat was made is
5
a site that was accessible within the school at the time the
6
threat was made or was available to third parties who worked or
7
studied within the school grounds at the time the threat was
8
made, and (iii) the threat could be reasonably interpreted as
9
threatening to the safety and security of the threatened
10
individual because of the individual's duties or employment
11
status or status as a student inside the school.
12

(e) To maintain order and security in the schools, school
13
authorities may inspect and search places and areas such as
14
lockers, desks, parking lots, and other school property and
15
equipment owned or controlled by the school, as well as
16
personal effects left in those places and areas by students,
17
without notice to or the consent of the student, and without a
18
search warrant. As a matter of public policy, the General
19
Assembly finds that students have no reasonable expectation of
20
privacy in these places and areas or in their personal effects
21
left in these places and areas. School authorities may request
22
the assistance of law enforcement officials for the purpose of
23
conducting inspections and searches of lockers, desks, parking
24
lots, and other school property and equipment owned or
25
controlled by the school for illegal drugs, weapons, or other
26
illegal or dangerous substances or materials, including

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1
searches conducted through the use of specially trained dogs.
2
If a search conducted in accordance with this Section produces
3
evidence that the student has violated or is violating either
4
the law, local ordinance, or the school's policies or rules,
5
such evidence may be seized by school authorities, and
6
disciplinary action may be taken. School authorities may also
7
turn over such evidence to law enforcement authorities.
8

(f) Suspension or expulsion may include suspension or
9
expulsion from school and all school activities and a
10
prohibition from being present on school grounds.
11

(g) A school district may adopt a policy providing that if
12
a student is suspended or expelled for any reason from any
13
public or private school in this or any other state, the
14
student must complete the entire term of the suspension or
15
expulsion in an alternative school program under Article 13A
16
of this Code or an alternative learning opportunities program
17
under Article 13B of this Code before being admitted into the
18
school district if there is no threat to the safety of students
19
or staff in the alternative program. A school district that
20
adopts a policy under this subsection (g) must include a
21
provision allowing for consideration of any mitigating
22
factors, including, but not limited to, a student's status as
23
a parent, expectant parent, or victim of domestic or sexual
24
violence, as defined in Article 26A.
25

(h) School officials shall not advise or encourage
26
students to drop out voluntarily due to behavioral or academic

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1
difficulties.
2

(i) A student may not be issued a monetary fine or fee as a
3
disciplinary consequence, though this shall not preclude
4
requiring a student to provide restitution for lost, stolen,
5
or damaged property.
6

(j) Subsections (a) through (i) of this Section shall
7
apply to elementary and secondary schools, charter schools,
8
special charter districts, and school districts organized
9
under Article 34 of this Code.
10

(k) Through June 30, 2026, the expulsion of students
11
enrolled in programs funded under Section 1C-2 of this Code is
12
subject to the requirements under paragraph (7) of subsection
13
(a) of Section 2-3.71 of this Code.
14

(k-5) On and after July 1, 2026, the expulsion of children
15
enrolled in programs funded under Section 15-25 of the
16
Department of Early Childhood Act is subject to the
17
requirements of paragraph (7) of subsection (a) of Section
18
15-30 of the Department of Early Childhood Act.
The suspension
19
of students enrolled in programs funded under Section 15-25 of
20
the Department of Early Childhood Act is subject to the
21
requirements of paragraph (8) of subsection (a) of Section
22
15-30 of the Department of Early Childhood Act.

23

(l) An in-school suspension program provided by a school
24
district for any students in kindergarten through grade 12 may
25
focus on promoting non-violent conflict resolution and
26
positive interaction with other students and school personnel.

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1
A school district may employ a school social worker or a
2
licensed mental health professional to oversee an in-school
3
suspension program in kindergarten through grade 12.
4
(Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
5
102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
6
8-9-24; revised 9-25-24.)

7

(105 ILCS 5/13B-20.25)
8

Sec. 13B-20.25.
Eligible students.
Students in
9
kindergarten

grades 4
through
grade
12 who meet enrollment
10
criteria established by the school district and who meet the
11
definition of "student at risk of academic failure" are
12
eligible to participate in an alternative learning
13
opportunities program funded under this Article.
14
Notwithstanding any other provision of law to the contrary,
15
enrollment in a charter alternative learning opportunities
16
program shall be open to any
student

pupil
who has been
17
expelled or suspended
for more than 20 days
under Section
18
10-22.6 or 34-19 of this Code.
Any student in kindergarten
19
through grade 2 placed in an out-of-district alternative
20
learning opportunities program shall have the student's
21
placement limited to 90 days beginning on the student's first
22
date of attendance in the program. For students with
23
disabilities, such removal shall be consistent with 34 CFR
24
300.530.
25

All rights granted under this Article to a student's

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1
parent or guardian become exclusively those of the student
2
upon the student's 18th birthday.
3

The State Board of Education may adopt rules to clarify
4
the implementation of this Section.

5
(Source: P.A. 97-495, eff. 1-1-12.)

6

(105 ILCS 5/13B-20.30)
7

Sec. 13B-20.30.
Location of program.
A school district
8
must consider offering an alternative learning opportunities
9
program on-site in the regular school. An alternative learning
10
opportunities program may be provided at facilities separate
11
from the regular school or in classrooms elsewhere on school
12
premises
; however, in no instance may a student in
13
kindergarten through grade 5 who is enrolled in an alternative
14
learning opportunities program participate in that program or
15
receive services outside of the student's home district except
16
as otherwise provided in this Section. A district is
17
encouraged to ensure that educational support and other
18
services are provided to the student as part of the student's
19
activities in the classroom to which the student is originally
20
assigned, unless the nature of the services dictate otherwise.
21
Any student in kindergarten through grade 2 placed in an
22
out-of-district alternative learning opportunities program
23
shall have the student's placement limited to 90 days
24
beginning on the student's first date of attendance in the
25
program. For students with disabilities, such removal shall be

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1
consistent with 34 CFR 300.530
.
2

The State Board of Education may adopt rules to clarify
3
the implementation of this Section.
4
(Source: P.A. 92-42, eff. 1-1-02.)

5

(105 ILCS 5/13B-25.5)
6

Sec. 13B-25.5.
General standards for eligibility for
7
funding.
To be eligible for funding, an alternative learning
8
opportunities program must provide evidence of an
9
administrative structure, program activities, program staff, a
10
budget, and a specific curriculum that is consistent with
11
Illinois Learning Standards but may be different from the
12
regular school program in terms of location,
subject to the
13
limitations set forth in Section 13B-20.30 of this Code,

14
length of school day, program sequence, pace, instructional
15
activities, or any combination of these.
16
(Source: P.A. 92-42, eff. 1-1-02.)

17

Section 10.
The Department of Early Childhood Act is
18
amended by changing Section 15-30 as follows:

19

(325 ILCS 3/15-30)
20

Sec. 15-30.
Grants for preschool educational programs.
21

(a) Preschool program.
22

(1) Through June 30, 2026, The State Board of
23

Education shall implement and administer a grant program

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1

to conduct voluntary preschool educational programs for
2

children ages 3 to 5, which include a parent education
3

component, pursuant to Section 2-3.71 of the School Code.
4

(2) On and after July 1, 2026, the Department of Early
5

Childhood shall implement and administer a grant program
6

for school districts and other eligible entities, as
7

defined by the Department, to conduct voluntary preschool
8

educational programs for children ages 3 to 5 which
9

include a parent education component. A public school
10

district which receives grants under this subsection may
11

subcontract with other entities that are eligible to
12

conduct a preschool educational program. These grants must
13

be used to supplement, not supplant, funds received from
14

any other source.
15

(3) Except as otherwise provided under this subsection
16

(a), any teacher of preschool children in the program
17

authorized by this subsection shall hold a Professional
18

Educator License with an early childhood education
19

endorsement.
20

(3.5) Beginning with the 2018-2019 school year and
21

until the 2028-2029 school year, an individual may teach
22

preschool children in an early childhood program under
23

this Section if he or she holds a Professional Educator
24

License with an early childhood education endorsement or
25

with short-term approval for early childhood education or
26

he or she pursues a Professional Educator License and

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1

holds any of the following:
2

(A) An ECE Credential Level of 5 awarded by the
3

Department of Human Services under the Gateways to
4

Opportunity Program developed under Section 10-70 of
5

the Department of Human Services Act.
6

(B) An Educator License with Stipulations with a
7

transitional bilingual educator endorsement and he or
8

she has (i) passed an early childhood education
9

content test or (ii) completed no less than 9 semester
10

hours of postsecondary coursework in the area of early
11

childhood education.
12

(4) Through June 30, 2026, the State Board of
13

Education shall provide the primary source of funding
14

through appropriations for the program. On and after July
15

1, 2026, the Department of Early Childhood shall provide
16

the primary source of funding through appropriations for
17

the program. Such funds shall be distributed to achieve a
18

goal of "Preschool for All Children" for the benefit of
19

all children whose families choose to participate in the
20

program. Based on available appropriations, newly funded
21

programs shall be selected through a process giving first
22

priority to qualified programs serving primarily at-risk
23

children and second priority to qualified programs serving
24

primarily children with a family income of less than 4
25

times the poverty guidelines updated periodically in the
26

Federal Register by the U.S. Department of Health and

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1

Human Services under the authority of 42 U.S.C. 9902(2).
2

For purposes of this paragraph (4), at-risk children are
3

those who because of their home and community environment
4

are subject to such language, cultural, economic and like
5

disadvantages to cause them to have been determined as a
6

result of screening procedures to be at risk of academic
7

failure. Through June 30, 2026, such screening procedures
8

shall be based on criteria established by the State Board
9

of Education. On and after July 1, 2026, such screening
10

procedures shall be based on criteria established by the
11

Department of Early Childhood. Except as otherwise
12

provided in this paragraph (4), grantees under the program
13

must enter into a memorandum of understanding with the
14

appropriate local Head Start agency. This memorandum must
15

be entered into no later than 3 months after the award of a
16

grantee's grant under the program and must address
17

collaboration between the grantee's program and the local
18

Head Start agency on certain issues, which shall include
19

without limitation the following:
20

(A) educational activities, curricular objectives,
21

and instruction;
22

(B) public information dissemination and access to
23

programs for families contacting programs;
24

(C) service areas;
25

(D) selection priorities for eligible children to
26

be served by programs;

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1

(E) maximizing the impact of federal and State
2

funding to benefit young children;
3

(F) staff training, including opportunities for
4

joint staff training;
5

(G) technical assistance;
6

(H) communication and parent outreach for smooth
7

transitions to kindergarten;
8

(I) provision and use of facilities,
9

transportation, and other program elements;
10

(J) facilitating each program's fulfillment of its
11

statutory and regulatory requirements;
12

(K) improving local planning and collaboration;
13

and
14

(L) providing comprehensive services for the
15

neediest Illinois children and families. Through June
16

30, 2026, if the appropriate local Head Start agency
17

is unable or unwilling to enter into a memorandum of
18

understanding as required under this paragraph (4),
19

the memorandum of understanding requirement shall not
20

apply and the grantee under the program must notify
21

the State Board of Education in writing of the Head
22

Start agency's inability or unwillingness. Through
23

June 30, 2026, the State Board of Education shall
24

compile all such written notices and make them
25

available to the public. On and after July 1, 2026, if
26

the appropriate local Head Start agency is unable or

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1

unwilling to enter into a memorandum of understanding
2

as required under this paragraph (4), the memorandum
3

of understanding requirement shall not apply and the
4

grantee under the program must notify the Department
5

of Early Childhood in writing of the Head Start
6

agency's inability or unwillingness. The Department of
7

Early Childhood shall compile all such written notices
8

and make them available to the public.
9

(5) Through June 30, 2026, the State Board of
10

Education shall develop and provide evaluation tools,
11

including tests, that school districts and other eligible
12

entities may use to evaluate children for school readiness
13

prior to age 5. The State Board of Education shall require
14

school districts and other eligible entities to obtain
15

consent from the parents or guardians of children before
16

any evaluations are conducted. The State Board of
17

Education shall encourage local school districts and other
18

eligible entities to evaluate the population of preschool
19

children in their communities and provide preschool
20

programs, pursuant to this subsection, where appropriate.
21

(5.1) On and after July 1, 2026, the Department of
22

Early Childhood shall develop and provide evaluation
23

tools, including tests, that school districts and other
24

eligible entities may use to evaluate children for school
25

readiness prior to age 5. The Department of Early
26

Childhood shall require school districts and other

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1

eligible entities to obtain consent from the parents or
2

guardians of children before any evaluations are
3

conducted. The Department of Early Childhood shall
4

encourage local school districts and other eligible
5

entities to evaluate the population of preschool children
6

in their communities and provide preschool programs,
7

pursuant to this subsection, where appropriate.
8

(6) Through June 30, 2026, the State Board of
9

Education shall report to the General Assembly by November
10

1, 2018 and every 2 years thereafter on the results and
11

progress of students who were enrolled in preschool
12

educational programs, including an assessment of which
13

programs have been most successful in promoting academic
14

excellence and alleviating academic failure. Through June
15

30, 2026, the State Board of Education shall assess the
16

academic progress of all students who have been enrolled
17

in preschool educational programs. Through Fiscal Year
18

2026, on or before November 1 of each fiscal year in which
19

the General Assembly provides funding for new programs
20

under paragraph (4) of this Section, the State Board of
21

Education shall report to the General Assembly on what
22

percentage of new funding was provided to programs serving
23

primarily at-risk children, what percentage of new funding
24

was provided to programs serving primarily children with a
25

family income of less than 4 times the federal poverty
26

level, and what percentage of new funding was provided to

HB3772 Enrolled
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1

other programs.
2

(6.1) On and after July 1, 2026, the Department of
3

Early Childhood shall report to the General Assembly by
4

November 1, 2026 and every 2 years thereafter on the
5

results and progress of students who were enrolled in
6

preschool educational programs, including an assessment of
7

which programs have been most successful in promoting
8

academic excellence and alleviating academic failure. On
9

and after July 1, 2026, the Department of Early Childhood
10

shall assess the academic progress of all students who
11

have been enrolled in preschool educational programs.
12

Beginning in Fiscal Year 2027, on or before November 1 of
13

each fiscal year in which the General Assembly provides
14

funding for new programs under paragraph (4) of this
15

Section, the Department of Early Childhood shall report to
16

the General Assembly on what percentage of new funding was
17

provided to programs serving primarily at-risk children,
18

what percentage of new funding was provided to programs
19

serving primarily children with a family income of less
20

than 4 times the federal poverty level, and what
21

percentage of new funding was provided to other programs.
22

(7) Due to evidence that expulsion practices in the
23

preschool years are linked to poor child outcomes and are
24

employed inconsistently across racial and gender groups,
25

early childhood programs receiving State funds under this
26

subsection (a) shall prohibit expulsions. Planned

HB3772 Enrolled
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1

transitions to settings that are able to better meet a
2

child's needs are not considered expulsion under this
3

paragraph (7).
4

(A) When persistent and serious challenging
5

behaviors emerge, the early childhood program shall
6

document steps taken to ensure that the child can
7

participate safely in the program; including
8

observations of initial and ongoing challenging
9

behaviors, strategies for remediation and intervention
10

plans to address the behaviors, and communication with
11

the parent or legal guardian, including participation
12

of the parent or legal guardian in planning and
13

decision-making.
14

(B) The early childhood program shall, with
15

parental or legal guardian consent as required, use a
16

range of community resources, if available and deemed
17

necessary, including, but not limited to,
18

developmental screenings, referrals to programs and
19

services administered by a local educational agency or
20

early intervention agency under Parts B and C of the
21

federal Individual with Disabilities Education Act,
22

and consultation with infant and early childhood
23

mental health consultants and the child's health care
24

provider. The program shall document attempts to
25

engage these resources, including parent or legal
26

guardian participation and consent attempted and

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1

obtained. Communication with the parent or legal
2

guardian shall take place in a culturally and
3

linguistically competent manner.
4

(C) If there is documented evidence that all
5

available interventions and supports recommended by a
6

qualified professional have been exhausted and the
7

program determines in its professional judgment that
8

transitioning a child to another program is necessary
9

for the well-being of the child or his or her peers and
10

staff, with parent or legal guardian permission, both
11

the current and pending programs shall create a
12

transition plan designed to ensure continuity of
13

services and the comprehensive development of the
14

child. Communication with families shall occur in a
15

culturally and linguistically competent manner.
16

(D) Nothing in this paragraph (7) shall preclude a
17

parent's or legal guardian's right to voluntarily
18

withdraw his or her child from an early childhood
19

program. Early childhood programs shall request and
20

keep on file, when received, a written statement from
21

the parent or legal guardian stating the reason for
22

his or her decision to withdraw his or her child.
23

(E) In the case of the determination of a serious
24

safety threat to a child or others or in the case of
25

behaviors listed in subsection (d) of Section 10-22.6
26

of the School Code, the temporary removal of a child

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1

from attendance in group settings may be used.
2

Temporary removal of a child from attendance in a
3

group setting shall trigger the process detailed in
4

subparagraphs (A), (B), and (C) of this paragraph (7),
5

with the child placed back in a group setting as
6

quickly as possible.
7

(F) Early childhood programs may use and the
8

Department of Early Childhood, State Board of
9

Education, the Department of Human Services, and the
10

Department of Children and Family Services shall
11

recommend training, technical support, and
12

professional development resources to improve the
13

ability of teachers, administrators, program
14

directors, and other staff to promote social-emotional
15

development and behavioral health, to address
16

challenging behaviors, and to understand trauma and
17

trauma-informed care, cultural competence, family
18

engagement with diverse populations, the impact of
19

implicit bias on adult behavior, and the use of
20

reflective practice techniques. Support shall include
21

the availability of resources to contract with infant
22

and early childhood mental health consultants.
23

(G) Through June 30, 2026, early childhood
24

programs shall annually report to the State Board of
25

Education, and, beginning in Fiscal Year 2020, the
26

State Board of Education shall make available on a

HB3772 Enrolled
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1

biennial basis, in an existing report, all of the
2

following data for children from birth to age 5 who are
3

served by the program:
4

(i) Total number served over the course of the
5

program year and the total number of children who
6

left the program during the program year.
7

(ii) Number of planned transitions to another
8

program due to children's behavior, by children's
9

race, gender, disability, language, class/group
10

size, teacher-child ratio, and length of program
11

day.
12

(iii) Number of temporary removals of a child
13

from attendance in group settings due to a serious
14

safety threat under subparagraph (E) of this
15

paragraph (7), by children's race, gender,
16

disability, language, class/group size,
17

teacher-child ratio, and length of program day.
18

(iv) Hours of infant and early childhood
19

mental health consultant contact with program
20

leaders, staff, and families over the program
21

year.
22

(G-5) On and after July 1, 2026, early childhood
23

programs shall annually report to the Department of
24

Early Childhood, and beginning in Fiscal Year 2028,
25

the Department of Early Childhood shall make available
26

on a biennial basis, in a report, all of the following

HB3772 Enrolled
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1

data for children from birth to age 5 who are served by
2

the program:
3

(i) Total number served over the course of the
4

program year and the total number of children who
5

left the program during the program year.
6

(ii) Number of planned transitions to another
7

program due to children's behavior, by children's
8

race, gender, disability, language, class/group
9

size, teacher-child ratio, and length of program
10

day.
11

(iii) Number of temporary removals of a child
12

from attendance in group settings due to a serious
13

safety threat under subparagraph (E) of this
14

paragraph (7), by children's race, gender,
15

disability, language, class/group size,
16

teacher-child ratio, and length of program day.
17

(iv) Hours of infant and early childhood
18

mental health consultant contact with program
19

leaders, staff, and families over the program
20

year.
21

(H) Changes to services for children with an
22

individualized education program or individual family
23

service plan shall be construed in a manner consistent
24

with the federal Individuals with Disabilities
25

Education Act.
26

The Department of Early Childhood, in consultation

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1

with the Department of Children and Family Services, shall
2

adopt rules to administer this paragraph (7).
3

(8) Due to evidence that suspension practices in the
4

preschool years are linked to poor child outcomes and are
5

employed inconsistently across racial and gender groups,
6

early childhood programs that receive State funds under
7

this subsection (a) shall restrict suspensions. Planned
8

transitions to settings that are able to better meet a
9

child's needs are not considered a suspension for purposes
10

of this paragraph (8). The superintendent of a school
11

district, the director of an early childhood program, or
12

the superintendent's or director's equivalent shall be
13

required to provide verbal or written approval to suspend
14

a student in preschool for longer than 3 days. If such
15

approval is not received by the third day, the student
16

shall return to school by the fourth day. For suspensions
17

of longer than 3 days, the length of the suspension for any
18

student in preschool shall not be for longer than the
19

number of days required by the school district or early
20

childhood program to review, amend, develop, or implement
21

a behavior intervention plan or safety plan.

22

(b) Notwithstanding any other provisions of this Section,
23
grantees may serve children ages 0 to 12 of essential workers
24
if the Governor has declared a disaster due to a public health
25
emergency pursuant to Section 7 of the Illinois Emergency
26
Management Agency Act. The Department of Early Childhood may

HB3772 Enrolled
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1
adopt rules to administer this subsection.
2
(Source: P.A. 103-594, eff. 6-25-24.)

3

Section 95.
No acceleration or delay.
Where this Act makes
4
changes in a statute that is represented in this Act by text
5
that is not yet or no longer in effect (for example, a Section
6
represented by multiple versions), the use of that text does
7
not accelerate or delay the taking effect of (i) the changes
8
made by this Act or (ii) provisions derived from any other
9
Public Act.

10

Section 99.
Effective date.
This Act takes effect upon
11
becoming law, except that the provisions changing Section
12
10-22.6 of the School Code and Section 15-30 of the Department
13
of Early Childhood Act take effect July 1, 2027.

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This site is maintained for the Illinois General Assembly by the
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