By: Brittany Flaherty Theis

Governor Bruce Rauner recently approved Senate Bill 100, which became Public Act 99-456 (the “Act”). Effective September 15, 2016, the Act amends multiple sections of the Illinois School Code, including Sections 10-20.14 and 10-22.6, as they relate to student discipline policies, and suspension and expulsion procedures.

The Act requires school districts to limit the number and duration of expulsions and suspensions to the greatest extent practicable, and use them only for legitimate educational purposes. School districts should consider forms of non-exclusionary discipline prior to the use of out-of-school suspensions or expulsions, and are prohibited from issuing monetary fines or fees as a form of discipline. Monetary fines are only allowed when imposed to provide restitution for lost, stolen, or damaged property.

If a board of education chooses to suspend a student, its written decision must detail the specific act(s) of gross disobedience or misconduct. Out-of-school suspensions of three days or less may only be imposed if the student’s continuing presence in school would pose a threat to school safety or a disruption to other students’ learning opportunities. Out-of-school suspensions of longer than three days, expulsions, and removals to alternative schools may be used only if other behavioral disciplinary interventions have been exhausted and the student’s continuing presence in the school would either 1) pose a threat to the safety of other students, staff, or members of the school community, or 2) substantially disrupt, impede, or interfere with the operation of the school. If a board of education does choose to expel a student, its written decision must give the specific reasons why removing the student from the school is in the best interest of the school (in the instance of imposing an expulsion), as well as a rationale for the specific duration chosen.

Students who are suspended out-of-school for longer than four school days must be given appropriate support services during the period of their suspension. School districts will need to adopt policies to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting, and to provide the opportunity for suspended students to complete make-up work for equivalent academic credit. Further, school officials must not encourage students to drop out voluntarily due to behavioral or academic difficulties.

The Act provides that school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors. Additionally, school districts are encouraged to work with local law enforcement agencies to delineate law enforcement’s role in the districts’ schools.

Should you have questions regarding the Act, need assistance with your district’s discipline policies, or need a disciplinary hearing officer, please contact Whitt Law Partner Rick Petesch.

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