summary
Introduced
02/06/2026
02/06/2026
In Committee
02/13/2026
02/13/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill mandates that any student found to have initiated sexual activity without consent, committed sexual assault, or attempted sexual assault at school or a school-related event must be expelled for at least one year, with specific definitions provided for these actions, such as using force or threats to compel a nonconsensual sexual act. The bill clarifies that "initiating sexual activity without consent" means using force or threats to make someone perform a nonconsensual sexual act, "sexual assault" involves sexual penetration with force or threats, and "attempted sexual assault" is taking a substantial step towards committing a sexual assault with the intent to do so. While this expulsion is mandatory, the school superintendent can modify the requirement, and the school board can further alter the superintendent's decision on a case-by-case basis, ensuring that any expulsion is handled in accordance with the federal Individuals with Disabilities Education Act (IDEA) and that expelled students may be eligible for alternative school programs.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/13/2026)
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