A new bill introduced in the Illinois State Senate aims to establish a mandatory one-year expulsion policy for students who commit sexual violence or assault on school grounds or at school-related events.
Senate Bill 0098, introduced by Senator Steve McClure (R-54) on January 17, 2025, proposes an amendment to the Illinois School Code that would require school boards to expel students for a minimum of one year if they are determined to have committed sexual violence, sexual assault, or non-consensual sexual activity at school or school-sponsored events.
The bill states that this expulsion policy would apply to incidents occurring “at a school, a school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school”.
Currently, Illinois law mandates a one-year minimum expulsion for students who bring firearms to school, with some flexibility for modification on a case-by-case basis. The proposed legislation would extend a similar mandatory expulsion policy to cases of sexual misconduct.
The bill is currently in the early stages of the legislative process. If passed, it would take effect immediately upon becoming law.
Several other states have enacted laws similar to Illinois’ proposed legislation regarding sexual misconduct in schools, though the specifics vary:
State Laws on Sexual Misconduct in Schools
Michigan
Michigan law requires permanent expulsion (subject to possible reinstatement) of students who commit criminal sexual conduct against another student.
California
California law allows suspension or expulsion of students for sexual harassment. The state also requires schools to use a “preponderance of evidence” standard when determining if sexual harassment or violence occurred, and to take appropriate disciplinary action, including suspension or expulsion.