(The Center Square) – A measure that would place new rules on Illinois schools requiring a full-year expulsion of a student who commits an act of sexual assault passed the Senate and now heads to the House.
Though the Senate passed the bill, some lawmakers had concerns that the bill is an overreach.
State Sen. Steve McClure, R-Litchfield, began work on a bill after a 10-year-old girl in his district – who was raped by a 14-year-old male schoolmate – was initially made to continue attending school alongside the perpetrator.
As sent to the House, Senate Bill 939 would require a school to expel any student who sexually assaults another student or makes an attempt to while at school. The student would be expelled for a minimum of one year, or at least six months if a student commits any other unconsensual sexual act.
“Most schools do the right thing here. But in a lot of cases that I continue hearing about, the school is not doing the right thing. And that is why this bill is necessary,” McClure said.
Before the bill ultimately passed Thursday, senators on the floor grilled McClure about it for more than half an hour.
Sen. Karina Villa, D-West Chicago, urged the body to vote against passing the bill, sayng the legislation allows a perpetrator to come back to school after a single year, and the bill is an overreach of local authority.
“Right now, schools are allowed to expel students. In fact, in this case, that was talked about that drove this legislation, the child did end up getting expelled. There is no need to continue to find punitive ways to attack our children. Instead, let’s take the cases case-by-case. There is no need for this bill,” Villa said.
McClure noted to lawmakers that the bill carves out the ability for a school superintendent and the school board to weigh aspects of a case, such as age and if a student actually understood the implications of what they had done.
A superintendent is then able to override the legislation.
Sen. Rachel Ventura, D-Joliet, said the process may isolate a young student who themselves has been sexually assaulted or abused at home, which is why she urged fellow lawmakers to vote against the bill.
“These are some of those nuances on top of the fact that people could be falsely accused. We would want our local school board members to be able to evaluate those accusations and those nuances on a case-by-case basis,” Ventura said.
McClure said there is a process already in place giving students a level of due process before being expelled.
“You’ve got to have a hearing, you’ve got to notify the parents of the accused. You’ve got to lay out what the evidence is there,” McClure.
The bill was sent to the House after passing with a vote of 48-2. The House will return to session Tuesday.
