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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
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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
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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
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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
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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.
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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
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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
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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
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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 - 10 - 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 - 11 - 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
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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
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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
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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
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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
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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,
HB3772 Enrolled - 17 - LRB104 10321 LNS 20395 b
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.
HB3772 Enrolled - 18 - LRB104 10321 LNS 20395 b
1 (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
HB3772 Enrolled - 19 - LRB104 10321 LNS 20395 b
1 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
HB3772 Enrolled - 20 - LRB104 10321 LNS 20395 b
1 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
HB3772 Enrolled - 21 - LRB104 10321 LNS 20395 b
1 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
HB3772 Enrolled - 22 - LRB104 10321 LNS 20395 b
1 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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1 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
HB3772 Enrolled - 24 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 27 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 30 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 32 - LRB104 10321 LNS 20395 b
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;
HB3772 Enrolled - 34 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 35 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 36 - LRB104 10321 LNS 20395 b
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 - 37 - LRB104 10321 LNS 20395 b
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 - 38 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 39 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 40 - LRB104 10321 LNS 20395 b
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 - 41 - LRB104 10321 LNS 20395 b
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 - 42 - LRB104 10321 LNS 20395 b
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
HB3772 Enrolled - 43 - LRB104 10321 LNS 20395 b
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 - 44 - LRB104 10321 LNS 20395 b
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.Every fact on this page links to its source, starting with the official bill record.