Student Discipline and Due Process in Illinois Schools

Illinois SB 100 and the framework

Illinois law (Senate Bill 100, now codified in the School Code) requires schools to:

• Use suspension and expulsion only after less-exclusionary methods fail
• Show exclusionary discipline is necessary to prevent interference with education
• Provide specific written explanations of the decision
• Use racially disaggregated discipline data and address disparities
• Limit zero-tolerance policies

Short-term suspension (1-3 days)

• The student must receive notice of the charges and a chance to respond before the suspension
• The student has the right to see the evidence and respond
• A written notice of the suspension must be given to the parent/guardian
• The notice must describe the reason, length, evidence, and right to a review meeting

Long-term suspension (4-10 days)

• All rights above
• Plus a formal hearing before a district-designated hearing officer
• Right to present witnesses and evidence
• Right to be represented by an attorney or advocate
• Decision must be in writing with specific findings
• School must provide educational services (work, online instruction) during the suspension

Expulsion (more than 10 days)

Expulsion requires:

• Formal hearing before the school board or designated hearing officer
• Written notice of charges with specific facts
• Right to representation by attorney
• Right to call and cross-examine witnesses
• Right to present evidence
• Written decision with specific findings of fact
• Board of Education vote
• School district must show that less-exclusionary discipline was attempted or demonstrably unworkable
• Alternative educational services typically required during expulsion

Students with disabilities — additional protections

If a student has an IEP or 504 plan, disciplinary action triggers additional rights under IDEA and Section 504:

10-day rule

Removal for more than 10 consecutive school days (or a pattern adding up to more than 10 in a year) is treated as a change of placement.

Manifestation determination

For any proposed removal exceeding 10 days, the IEP team must determine whether the conduct was:

• A direct manifestation of the disability, OR
• A direct result of the school's failure to implement the IEP

If either is true, the student generally cannot be disciplined for the conduct as if they did not have a disability. Services continue. IEP team may revise the behavior intervention plan.

Continuing services

Students with disabilities who are removed from their placement must continue to receive services enabling them to progress toward IEP goals.

School police and arrests

Chicago Public Schools and many other Illinois districts have police officers assigned to schools (sometimes called "school resource officers"). Students retain constitutional rights:

• Right to remain silent when questioned by police
• Right to an attorney
• Right to have a parent present for interrogation (Illinois law requires parent presence before interrogation of minors under 15 for many offenses)
• Protection against unreasonable search (though school officials have lower standards than police)

Illinois's JIDTA (Juvenile Court Act) has specific procedures for school-based arrests. If your child is arrested at school, contact a juvenile defense attorney immediately.

Racial, disability, and gender discrimination in discipline

Illinois law and federal civil rights law prohibit discriminatory discipline. If your student is being disciplined while similarly-situated peers are not, document the disparity. Title VI, Section 504, and IDEA all provide potential remedies.

Illinois's SB 100 specifically requires schools to address racial disparities in discipline.

LGBTQ+ student protections

Illinois's Human Rights Act protects LGBTQ+ students from discrimination in schools. Discipline that is pretextual for punishing a student's gender identity or sexual orientation is actionable.

What to do if your student is facing discipline

1. Ask for everything in writing. Every notice, charge, decision.
2. Get the student's school record (you have a right under FERPA).
3. Document your student's side. Witness names, what they would say, any video, any context.
4. Review the student handbook and the specific rule your student allegedly violated.
5. Get an attorney or advocate before the hearing if possible. Many expulsion hearings have life-altering consequences.
6. Prepare testimony — the student's own account, witnesses, character witnesses, evidence of context (was there bullying, racial tension, untreated mental health issue).
7. Consider mediation or restorative justice as an alternative if the district offers it.
8. If the student has an IEP or 504 — demand a manifestation determination meeting before any discipline exceeding 10 days.

After the decision

Expulsion decisions by the school board can be appealed to the Illinois State Board of Education's hearing panel, and potentially to court. The window for appeal is short.

Free help

• Equip for Equality — Education Law — 312-341-0022
• Legal Council for Health Justice — Education — legalcouncil.org
• Chicago Lawyers' Committee for Civil Rights — Educational Equity
• Children and Family Justice Center at Northwestern — school-to-prison pipeline cases
• POWER PAC IL — parent organizing on discipline issues
• Illinois State Board of Education — civil rights and due process complaints