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*LRB09518757RAS44877b* SB2170 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2170 Introduced 2/14/2008, by Sen.
SB2170 Engrossed LRB095 18757 RAS 44877 b AN ACT concerning education.
Matt Murphy SYNOPSIS AS INTRODUCED:
ILCS 5/10-22.6 from Ch.
122, par.
10-22.6 ILCS 5/24-24 from Ch.
122, par.
24-24 Amends the School Code.
Provides that teachers (not just school authorities) may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant, but that school authorities and teachers must be acting on a reasonable suspicion based on professional experience and judgment in performing inspections and searches.
Provides that school authorities and teachers have the authority to perform an inspection or search if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other illegal or dangerous substances or materials.
Provides that the measures used to conduct an inspection or search must be reasonably related to the inspection’s or search’s objectives, without being excessively intrusive in light of the student’s age, sex, and the nature of the offense.
Makes related changes.
Effective immediately.
LRB095 18757 RAS 44877 b A BILL FOR SB2170 LRB095 18757 RAS 44877 b AN ACT concerning education.
(b) To suspend or by regulation to authorize the SB2170 - 2 - LRB095 18757 RAS 44877 b superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension.
(b) To suspend or by regulation to authorize the SB2170 Engrossed - 2 - LRB095 18757 RAS 44877 b superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension.
SB2170 - 3 - LRB095 18757 RAS 44877 b (c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.
SB2170 Engrossed - 3 - LRB095 18757 RAS 44877 b (c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.
A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program SB2170 - 4 - LRB095 18757 RAS 44877 b in accordance with Article 13A of the School Code.
A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program SB2170 Engrossed - 4 - LRB095 18757 RAS 44877 b in accordance with Article 13A of the School Code.
(e) To maintain order and security in the schools, school authorities and teachers, acting on any reasonable suspicion based on professional experience and judgment, may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant, if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other dangerous substances or materials.
(e) To maintain order and security in the schools, school authorities and teachers, acting on any reasonable suspicion based on professional experience and judgment and acting within the parameters of the policies adopted by the board, may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant, if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other dangerous substances or materials.
As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas.
As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these SB2170 Engrossed - 5 - LRB095 18757 RAS 44877 b places and areas or in their personal effects left in these places and areas.
SB2170 - 5 - LRB095 18757 RAS 44877 b School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if SB2170 - 6 - LRB095 18757 RAS 44877 b available, for the remainder of the suspension or expulsion.
This policy may allow placement of the student in an alternative SB2170 Engrossed - 6 - LRB095 18757 RAS 44877 b school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion.
As provided in and subject to the requirements of subsection (e) of Section 10-22.6 of this Code, teachers may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and SB2170 - 7 - LRB095 18757 RAS 44877 b areas by students, without notice to or the consent of the student and without a search warrant.
As provided in and subject to the requirements of subsection (e) of Section 10-22.6 of this Code, teachers may inspect and search places and areas owned or controlled by the SB2170 Engrossed - 7 - LRB095 18757 RAS 44877 b school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant.
Any person who violates such rules may be denied admission to school events for not more than one year, provided that written 10 days notice of the violation is given such person and a hearing had thereon by the board pursuant to its rules and regulations.
Any person who violates such rules may be denied admission to school events for not more than one year, provided that written 10 days notice of the violation is given such person and a hearing had thereon by the board pursuant to its SB2170 Engrossed - 8 - LRB095 18757 RAS 44877 b rules and regulations.
The administration of any school may SB2170 - 8 - LRB095 18757 RAS 44877 b sign complaints as agents of the school against persons committing any offense at school events.
The administration of any school may sign complaints as agents of the school against persons committing any offense at school events.
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