\tIllinois has made changes to its law governing student expulsions and suspensions that are intended to benefit students. Like many well-intentioned laws, however, the new law may make little difference in how schools actually conduct their procedures.<\/p>\n
\nIn terms of setting policy, the law is a good idea. Schools are no longer supposed to have zero tolerance policies where students are expelled on a first offense for particular behaviors. When expelling a student, any decision must detail the specific reasons why removing the student from the learning environment is a good idea along with a rationale for the length of the expulsion. For a suspension, the school board must explain the specific misconduct leading to the suspension as well as a rationale for its duration.<\/p>\n
\nThe new law encourages schools to limit the number and duration of suspensions\/expulsions to the greatest extent practicable and use them for legitimate educational purposes only. Schools should first consider other forms of discipline.<\/p>\n
\nSuspensions of three days or less may only be used if the student\u2019s presence would pose a \u201cthreat to school safety\u201d or \u201cdisruption to other students\u2019 learning opportunities.\u201d Suspensions or expulsions of longer than three days may only be used where other appropriate and available behavioral or disciplinary interventions have been exhausted and the student\u2019s continuing presence would pose a threat to school safety or substantially disrupt the school. \nSound good so far? Here\u2019s the rub: School officials get to define the terms \u201cthreat to school safety\u201d and \u201cdisruption of other students\u2019 learning opportunities\u201d on a case by case basis. What that really means depends on the school district. Unless parents take schools to court and win, school districts can in reality get away with quite a lot of disingenuous behavior. If the district is inclined to help its students, it will continue to do so. But if a district\u2019s first response is expulsion, the district will simply inoculate itself by using the language required by the statute and throw your kid out of school anyway.<\/p>\n \nIf your student is facing a discipline issue, contact an experienced school law attorney immediately. An attorney can help guide you through a system that is generally biased in favor of the school. Sometimes the attorney can help negotiate a more favorable result. If not, an attorney can present evidence at the hearing in hopes of exonerating your student. Otherwise, it is important to have established a complete record at the school hearing level if you wish to take the matter to court.<\/p>\n \nIf you have questions about this or another related school law matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com<\/a><\/p>\n \nSource: 105 ILCS 5\/10-22.6 Suspension or expulsion of pupils<\/a>.<\/p>\n Illinois has made changes to its law governing student expulsions and suspensions that are intended to benefit students. Like many well-intentioned laws, however, the new law may make little difference in how schools actually conduct their procedures. In terms of … Continue reading
\nDuring a suspension of more than four days, students are supposed to receive support services and may be placed in an alternative program. (See our related post: \u201dMy Child May be Expelled!\u201d: The Alternative Learning Program in Illinois<\/a>.)<\/p>\n
\n(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"