The Illinois General Assembly has approved a measure that clarifies the current prohibition on schools fining students as punishment for violations of school discipline codes or rules. The law will further expressly extend to police to prohibit the issuance of local tickets or citations which carry a fine for municipal code violations (as defined in this legislation) for discipline infractions at school. The law previously barred schools from imposing fines on students for discipline violations, but a study of local practices in Illinois determined that schools were circumventing the prohibition on the issuance of fines by schools by involving police to ticket students for violating local ordinances. The principal sponsor of this new legislation has indicated the goal is to ensure that schools use their discipline policies for violations of the school discipline code, instead of involving local law enforcement. The legislation does, importantly, state that it does not modify current school disciplinary responses under the School Code or responses to alleged delinquent or criminal conduct set forth in the School Code, Article V of the Juvenile Court Act or the Criminal Code. Finally, for schools using school resource officers, a memorandum of understanding incorporating specific provisions under this amendment must be in place as of July 1, 2026.    

The legislation still requires the approval of the Governor, who is expected to sign the legislation. 

The link to the full text of Senate Bill 1519 can be accessed at:

Senate Bill 1519

A more detailed summary of the legislation is set forth below.

SUMMARY

Prior Public Act 99-456 prohibited schools from issuing monetary fines or fees as a disciplinary consequence.  The legislative findings accompanying proposed Senate Bill 1519 include the following:

1. Thousands of students have been referred to municipalities for behaviors occurring on school grounds, during school-related events, or while taking school transportation.
2. Municipal tickets, citations and ordinance violations disproportionately impact students of color and disabled students.
3. Municipal fines and fees associated with municipal tickets, citations and ordinance violations create financial hardship for minors and their families.
4. Municipal administrative adjudication proceedings do not provide minors with sufficient due process, confidentiality or record expungement protections.

The legislative amendments made in Sentate Bill 1519 provide that a student cannot be issued a monetary fine, fee, ticket or citation as a school-based disciplinary consequence nor for a municipal code violation on school grounds during school hours (or while on school bus) by any person.  The amendment defines “municipal code violation” as the violation of a rule or regulation established by a municipality, authorized by Section 1-2-1 of the Illinois Municipal Code.  Section 1-2-1 of the Illinois Municipal Code creates the following general authority for municipalities:

“Sec. 1-2-1. The corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper.”  65 ILCS 5/1-2-1

This amendment does not preclude requiring a student to provide restitution for lost, stolen or damaged property and does not modify school disciplinary responses under the School Code or responses to alleged delinquent or criminal conduct set forth in the School Code, Article V of the Juvenile Court Act or the Criminal Code.    

Based on guidance to be issued by the State Board of Education, schools will also be required to report data related to law enforcement “referrals” by schools.   The General Assembly declares that the intent of the legislation is to learn more about the prevalence of student referrals to law enforcement, particularly those resulting in municipal tickets, citations and ordinances violations for behaviors occurring on school grounds, during school-related events, or while taking school transportation.

Beginning with the 2027-28 school year, the State Board of Education is to require that each school district annually report, in a manner and method determined by the State Board, the number of students in kindergarten through grade 12 who were referred to law enforcement that students in kindergarten through grade 12 received.  

The data to be reported will include the frequency with which schools involve police in student discipline matters each year, and will require schools to keep records of race, gender, and disabilities of the students involved. The state is required to make the data public.

The legislation defines “referral to law enforcement” to include citations, tickets, court referrals, and school-related arrests. It means an action by which a student is reported to a law enforcement agency or official, including a school police unit, for an incident that occurred on school grounds, during school-related events or activities (in-person or virtual).

The legislation also includes revisions to School Code Section 10-20.68 addressing school resource officers.  Those revisions provide that for those law enforcement officers assigned to a school district as their primary duties (school resource officer), an MOU with the following provisions will be required for any school district by July 1, 2026:

1. Defining the roles, duties and responsibilities of the SRO.
2. Set forth procedures to ensure SRO has completed training (Section 10.22 of the Illinois Police Training Act) or received a waiver for training, including specific training regarding working with disabled students to support their academic and behavioral needs.
3. Specify that an SRO is prohibited from issuing tickets or citations on school property in accordance with the following School Code provision: “(i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property.”
4. Establish a process to collect the data required to be reported to the Illinois State Board of Education.
5. Provide for regular review and evaluation of the SRO program, including community and stakeholder input.

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