Amends the School Code. In provisions concerning a school board's suspension or expulsion of pupils, provides that a student who is determined to have initiated sexual activity with another individual without that individual's consent, a sexual assault, or an attempted sexual assault at a school, a school-sponsored activity or event, or an activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year. Provides that (i) a student initiates sexual activity with another individual without that individual's consent if the student uses force or a threat of force to make the other individual perform a nonconsensual sexual act; (ii) a student initiates a sexual assault if the student commits an act of sexual penetration and uses force or a threat of force; and (iii) a student initiates an attempted sexual assault if, with the intent to commit a sexual assault, the student commits an act that constitutes a substantial step toward the commission of a sexual assault. Allows the expulsion requirement to be modified by the superintendent of the school district and the superintendent's determination to be modified by the school board on a case-by-case basis. Provides that the expulsion shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act and a student who is subject to expulsion may be eligible for a transfer to an alternative school program. Effective immediately.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that for additional purposes of the amendatory provisions, a student initiates sexual activity with another individual without that individual's consent if the other individual did not agree to participate in the sexual act or was unconscious, asleep, surprised, intoxicated, or drugged and, as a result, was not aware of, did not know of, did not perceive, or was not cognizant of the sexual act or the nature of the sexual act or if the other individual has a disability that made the individual unable to understand the nature of the sexual act, unable to consent to the sexual act, or incapable of resisting the sexual act; and a student initiates a sexual assault if the other individual did not agree to the sexual penetration or was unconscious, asleep, surprised, intoxicated, or drugged and, as a result, was not aware of, did not know of, did not perceive, or was not cognizant of the sexual penetration or the nature of the sexual penetration or if the other individual has a disability that made the individual unable to understand the nature of the sexual penetration, unable to consent to the sexual penetration, or incapable of resisting the sexual penetration. Provides that expulsion under the amendatory provisions shall be construed in a manner consistent with Title IX of the federal Education Amendments of 1972. Provides that expulsion under the amendatory provisions shall comply with other expulsion procedures. Effective immediately.

Statutes affected:
Introduced: 105 ILCS 5/10