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SB0939 - 104th General Assembly

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SB0939 Engrossed
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1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
10-22.6 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 students; school
8
searches.
9

(a) To expel students guilty of gross disobedience or
10
misconduct, including gross disobedience or misconduct
11
perpetuated by electronic means, pursuant to subsection (b-20)
12
of this Section, and no action shall lie against them for such
13
expulsion. Expulsion shall take place only after the parents
14
or guardians have been requested to appear at a meeting of the
15
board, or with a hearing officer appointed by it, to discuss
16
their child's behavior. Such request shall be made by
17
registered or certified mail and shall state the time, place
18
and purpose of the meeting. The board, or a hearing officer
19
appointed by it, at such meeting shall state the reasons for
20
dismissal and the date on which the expulsion is to become
21
effective. If a hearing officer is appointed by the board, the
22
hearing officer shall report to the board a written summary of
23
the evidence heard at the meeting and the board may take such

SB0939 Engrossed
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1
action thereon as it finds appropriate. If the board acts to
2
expel a student, the written expulsion decision shall detail
3
the specific reasons why removing the student from the
4
learning environment is in the best interest of the school.
5
The expulsion decision shall also include a rationale as to
6
the specific duration of the expulsion. An expelled student
7
may be immediately transferred to an alternative program in
8
the manner provided in Article 13A or 13B of this Code. A
9
student must not be denied transfer because of the expulsion,
10
except in cases in which such transfer is deemed to cause a
11
threat to the safety of students or staff in the alternative
12
program.
13

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

SB0939 Engrossed
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1
reasons.
2

Any suspension shall be reported immediately to the
3
parents or guardians of a student along with a full statement
4
of the reasons for such suspension and a notice of their right
5
to a review. The school board must be given a summary of the
6
notice, including the reason for the suspension and the
7
suspension length. Upon request of the parents or guardians,
8
the school board or a hearing officer appointed by it shall
9
review such action of the superintendent or principal,
10
assistant principal, or dean of students. At such review, the
11
parents or guardians of the student may appear and discuss the
12
suspension with the board or its hearing officer. If a hearing
13
officer is appointed by the board, he shall report to the board
14
a written summary of the evidence heard at the meeting. After
15
its hearing or upon receipt of the written report of its
16
hearing officer, the board may take such action as it finds
17
appropriate. If a student is suspended pursuant to this
18
subsection (b), the board shall, in the written suspension
19
decision, detail the specific act of gross disobedience or
20
misconduct resulting in the decision to suspend. The
21
suspension decision shall also include a rationale as to the
22
specific duration of the suspension.
23

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

SB0939 Engrossed
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1
and duration of expulsions and suspensions to the greatest
2
extent practicable, and it is recommended that they use them
3
only for legitimate educational purposes. To ensure that
4
students are not excluded from school unnecessarily, it is
5
recommended that school officials consider forms of
6
non-exclusionary discipline prior to using out-of-school
7
suspensions or expulsions.
8

(b-10) Unless otherwise required by federal law or this
9
Code, school boards may not institute zero-tolerance policies
10
by which school administrators are required to suspend or
11
expel students for particular behaviors.
12

(b-15) Out-of-school suspensions of 3 days or less may be
13
used only if the student's continuing presence in school would
14
pose a threat to school safety or a disruption to other
15
students' learning opportunities. For purposes of this
16
subsection (b-15), "threat to school safety or a disruption to
17
other students' learning opportunities" shall be determined on
18
a case-by-case basis by the school board or its designee.
19
School officials shall make all reasonable efforts to resolve
20
such threats, address such disruptions, and minimize the
21
length of suspensions to the greatest extent practicable.
22

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

SB0939 Engrossed
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1
student's continuing presence in school would either (i) pose
2
a threat to the safety of other students, staff, or members of
3
the school community or (ii) substantially disrupt, impede, or
4
interfere with the operation of the school. For purposes of
5
this subsection (b-20), "threat to the safety of other
6
students, staff, or members of the school community" and
7
"substantially disrupt, impede, or interfere with the
8
operation of the school" shall be determined on a case-by-case
9
basis by school officials. For purposes of this subsection
10
(b-20), the determination of whether "appropriate and
11
available behavioral and disciplinary interventions have been
12
exhausted" shall be made by school officials. School officials
13
shall make all reasonable efforts to resolve such threats,
14
address such disruptions, and minimize the length of student
15
exclusions to the greatest extent practicable. Within the
16
suspension decision described in subsection (b) of this
17
Section or the expulsion decision described in subsection (a)
18
of this Section, it shall be documented whether other
19
interventions were attempted or whether it was determined that
20
there were no other appropriate and available interventions.
21

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

SB0939 Engrossed
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1
this Section, it shall be documented whether such services are
2
to be provided or whether it was determined that there are no
3
such appropriate and available services.
4

A school district may refer students who are expelled to
5
appropriate and available support services.
6

A school district shall create a policy to facilitate the
7
re-engagement of students who are suspended out-of-school,
8
expelled, or returning from an alternative school setting. In
9
consultation with stakeholders deemed appropriate by the State
10
Board of Education, the State Board of Education shall draft
11
and publish guidance for the re-engagement of students who are
12
suspended out-of-school, expelled, or returning from an
13
alternative school setting in accordance with this Section and
14
Section 13A-4 on or before July 1, 2025.
15

(b-30) A school district shall create a policy by which
16
suspended students, including those students suspended from
17
the school bus who do not have alternate transportation to
18
school, shall have the opportunity to make up work for
19
equivalent academic credit. It shall be the responsibility of
20
a student's parents or guardians to notify school officials
21
that a student suspended from the school bus does not have
22
alternate transportation to school.
23

(b-35) In all suspension review hearings conducted under
24
subsection (b) or expulsion hearings conducted under
25
subsection (a), a student may disclose any factor to be
26
considered in mitigation, including his or her status as a

SB0939 Engrossed
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1
parent, expectant parent, or victim of domestic or sexual
2
violence, as defined in Article 26A. A representative of the
3
parent's or guardian's choice, or of the student's choice if
4
emancipated, must be permitted to represent the student
5
throughout the proceedings and to address the school board or
6
its appointed hearing officer. With the approval of the
7
student's parent or guardian, or of the student if
8
emancipated, a support person must be permitted to accompany
9
the student to any disciplinary hearings or proceedings. The
10
representative or support person must comply with any rules of
11
the school district's hearing process. If the representative
12
or support person violates the rules or engages in behavior or
13
advocacy that harasses, abuses, or intimidates either party, a
14
witness, or anyone else in attendance at the hearing, the
15
representative or support person may be prohibited from
16
further participation in the hearing or proceeding. A
17
suspension or expulsion proceeding under this subsection
18
(b-35) must be conducted independently from any ongoing
19
criminal investigation or proceeding, and an absence of
20
pending or possible criminal charges, criminal investigations,
21
or proceedings may not be a factor in school disciplinary
22
decisions.
23

(b-40) During a suspension review hearing conducted under
24
subsection (b) or an expulsion hearing conducted under
25
subsection (a) that involves allegations of sexual violence by
26
the student who is subject to discipline, neither the student

SB0939 Engrossed
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1
nor his or her representative shall directly question nor have
2
direct contact with the alleged victim. The student who is
3
subject to discipline or his or her representative may, at the
4
discretion and direction of the school board or its appointed
5
hearing officer, suggest questions to be posed by the school
6
board or its appointed hearing officer to the alleged victim.
7

(c) A school board must invite a representative from a
8
local mental health agency to consult with the board at the
9
meeting whenever there is evidence that mental illness may be
10
the cause of a student's expulsion or suspension.
11

(c-5) School districts shall make reasonable efforts to
12
provide ongoing professional development to all school
13
personnel, school board members, and school resource officers
14
on the requirements of this Section and Section 10-20.14, the
15
adverse consequences of school exclusion and justice-system
16
involvement, effective classroom management strategies,
17
culturally responsive discipline, trauma-responsive learning
18
environments, as defined in subsection (b) of Section 3-11,
19
the appropriate and available supportive services for the
20
promotion of student attendance and engagement, and
21
developmentally appropriate disciplinary methods that promote
22
positive and healthy school climates.
23

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

SB0939 Engrossed
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1
school-sponsored activity or event, or any activity or event
2
that bears a reasonable relationship to school shall be
3
expelled for a period of not less than one year:
4

(1) A firearm. For the purposes of this Section,
5

"firearm" means any gun, rifle, shotgun, weapon as defined
6

by Section 921 of Title 18 of the United States Code,
7

firearm as defined in Section 1.1 of the Firearm Owners
8

Identification Card Act, or firearm as defined in Section
9

24-1 of the Criminal Code of 2012. The expulsion period
10

under this subdivision (1) may be modified by the
11

superintendent, and the superintendent's determination may
12

be modified by the board on a case-by-case basis.
13

(2) A knife, brass knuckles or other knuckle weapon
14

regardless of its composition, a billy club, or any other
15

object if used or attempted to be used to cause bodily
16

harm, including "look alikes" of any firearm as defined in
17

subdivision (1) of this subsection (d). The expulsion
18

requirement under this subdivision (2) may be modified by
19

the superintendent, and the superintendent's determination
20

may be modified by the board on a case-by-case basis.
21
Expulsion or suspension shall be construed in a manner
22
consistent with the federal Individuals with Disabilities
23
Education Act. A student who is subject to suspension or
24
expulsion as provided in this Section may be eligible for a
25
transfer to an alternative school program in accordance with
26
Article 13A of the School Code.

SB0939 Engrossed
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1

(d-5) The board may suspend or by regulation authorize the
2
superintendent of the district or the principal, assistant
3
principal, or dean of students of any school to suspend a
4
student for a period not to exceed 10 school days or may expel
5
a student for a definite period of time not to exceed 2
6
calendar years, as determined on a case-by-case basis, if (i)
7
that student has been determined to have made an explicit
8
threat on an Internet website against a school employee, a
9
student, or any school-related personnel, (ii) the Internet
10
website through which the threat was made is a site that was
11
accessible within the school at the time the threat was made or
12
was available to third parties who worked or studied within
13
the school grounds at the time the threat was made, and (iii)
14
the threat could be reasonably interpreted as threatening to
15
the safety and security of the threatened individual because
16
of the individual's duties or employment status or status as a
17
student inside the school.
18

(d-10) A student who is determined to have initiated a
19
sexual assault or an attempted sexual assault, at a school, a
20
school-sponsored activity or event, or an activity or event
21
that bears a reasonable relationship to school, against a
22
student victim and without the student victim's consent shall
23
be expelled for a period of not less than one year.

24

A student who is determined to have initiated sexual
25
conduct, at a school, a school-sponsored activity or event, or
26
an activity or event that bears a reasonable relationship to

SB0939 Engrossed
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1
school, against a student victim, without the student victim's
2
consent shall be expelled for a period of not less than 6
3
months.
4

(1) A student initiates sexual conduct if the student
5

uses force or a threat of force to make the student victim
6

perform a nonconsensual sexual act.

7

(2) A student initiates a sexual assault if the
8

student uses force or threat of force and commits an act of
9

sexual penetration on the student victim.

10

(3) A student initiates an attempted sexual assault
11

if, with the intent to commit a sexual assault under
12

paragraph (2), the student commits an act that constitutes
13

a substantial step toward the commission of a sexual
14

assault under paragraph (2).

15

(4) An act is committed without the student victim's
16

consent if the student victim does not freely agree to
17

participate in the sexual act or is unable to give knowing
18

consent because the student victim is unconscious, asleep,
19

or unaware that the act is occurring; if the student
20

victim is impaired by intoxication or drugs; or if the
21

student victim lacks capacity to consent due to a
22

disability.

23

(5) The expulsion requirement in this subsection
24

(d-10) may be modified by the superintendent, and the
25

superintendent's determination may be modified by the
26

board on a case-by-case basis. In reviewing whether to

SB0939 Engrossed
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1

modify an expulsion under this subsection, the hearing
2

officer, superintendent, and board shall consider whether
3

the student was unable to understand the nature of the
4

student's conduct because of age or disability. Expulsion
5

under this subsection (d-10) shall be construed in a
6

manner consistent with the federal Individuals with
7

Disabilities Education Act and Title IX of the federal
8

Education Amendments of 1972.

9

(6) Expulsion under this subsection (d-10) shall
10

comply with the expulsion procedures set forth in
11

subsection (a).

12

(7) A student who is subject to expulsion as provided
13

in this subsection (d-10) may be eligible for a transfer
14

to an alternative school program in accordance with
15

Article 13A of this Code.

16

As used in this subsection (d-10), "sexual conduct" and
17
"sexual penetration" have the meanings given to those terms in
18
Section 11-0.1 of the Criminal Code of 2012.

19

(e) To maintain order and security in the schools, school
20
authorities may inspect and search places and areas such as
21
lockers, desks, parking lots, and other school property and
22
equipment owned or controlled by the school, as well as
23
personal effects left in those places and areas by students,
24
without notice to or the consent of the student, and without a
25
search warrant. As a matter of public policy, the General
26
Assembly finds that students have no reasonable expectation of

SB0939 Engrossed
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1
privacy in these places and areas or in their personal effects
2
left in these places and areas. School authorities may request
3
the assistance of law enforcement officials for the purpose of
4
conducting inspections and searches of lockers, desks, parking
5
lots, and other school property and equipment owned or
6
controlled by the school for illegal drugs, weapons, or other
7
illegal or dangerous substances or materials, including
8
searches conducted through the use of specially trained dogs.
9
If a search conducted in accordance with this Section produces
10
evidence that the student has violated or is violating either
11
the law, local ordinance, or the school's policies or rules,
12
such evidence may be seized by school authorities, and
13
disciplinary action may be taken. School authorities may also
14
turn over such evidence to law enforcement authorities.
15

(f) Suspension or expulsion may include suspension or
16
expulsion from school and all school activities and a
17
prohibition from being present on school grounds.
18

(g) A school district may adopt a policy providing that if
19
a student is suspended or expelled for any reason from any
20
public or private school in this or any other state, the
21
student must complete the entire term of the suspension or
22
expulsion in an alternative school program under Article 13A
23
of this Code or an alternative learning opportunities program
24
under Article 13B of this Code before being admitted into the
25
school district if there is no threat to the safety of students
26
or staff in the alternative program. A school district that

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1
adopts a policy under this subsection (g) must include a
2
provision allowing for consideration of any mitigating
3
factors, including, but not limited to, a student's status as
4
a parent, expectant parent, or victim of domestic or sexual
5
violence, as defined in Article 26A.
6

(h) School officials shall not advise or encourage
7
students to drop out voluntarily due to behavioral or academic
8
difficulties.
9

(i) In this subsection (i), "municipal code violation"
10
means the violation of a rule or regulation established by a
11
local government authority, authorized by Section 1-2-1 of the
12
Illinois Municipal Code.
13

A student must not be issued a monetary fine, fee, ticket,
14
or citation as a school-based disciplinary consequence or for
15
a municipal code violation on school grounds during school
16
hours or while taking school transportation by any person,
17
though this shall not preclude requiring a student to provide
18
restitution for lost, stolen, or damaged property.
19

This subsection (i) does not modify school disciplinary
20
responses under this Section or Section 10-20.14 of this Code
21
that existed before the effective date of this amendatory Act
22
of the 104th General Assembly or responses to alleged
23
delinquent or criminal conduct set forth in this Code, Article
24
V of the Juvenile Court Act of 1987, or the Criminal Code of
25
2012. This subsection (i) does not apply to violations of
26
traffic, boating, or fish and game laws.

SB0939 Engrossed
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1

(j) Subsections (a) through (i) of this Section shall
2
apply to elementary and secondary schools, charter schools,
3
special charter districts, and school districts organized
4
under Article 34 of this Code.
5

(k) Through June 30, 2026, the expulsion of students
6
enrolled in programs funded under Section 1C-2 of this Code is
7
subject to the requirements under paragraph (7) of subsection
8
(a) of Section 2-3.71 of this Code.
9

(k-5) On and after July 1, 2026, the expulsion of children
10
enrolled in programs funded under Section 15-25 of the
11
Department of Early Childhood Act is subject to the
12
requirements of paragraph (7) of subsection (a) of Section
13
15-30 of the Department of Early Childhood Act.
14

(l) An in-school suspension program provided by a school
15
district for any students in kindergarten through grade 12 may
16
focus on promoting non-violent conflict resolution and
17
positive interaction with other students and school personnel.
18
A school district may employ a school social worker or a
19
licensed mental health professional to oversee an in-school
20
suspension program in kindergarten through grade 12.
21
(Source: P.A. 103-594, eff. 6-25-24; 103-896, eff. 8-9-24;
22
104-417, eff. 8-15-25; 104-430, eff. 8-20-25.)

23

Section 99.
Effective date.
This Act takes effect upon
24
becoming law.

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