On May 30, 2026, the Illinois General Assembly passed HB 3772, which limits the circumstances under which a school district may impose exclusionary discipline upon students in prekindergarten through second grade. The bill awaits action by Governor Pritzker.
Under HB 3772, a school board cannot expel a student in kindergarten through second grade unless the student brings or possesses a firearm, knife, brass knuckles, other knuckle weapon, a billy club, or other object used or attempted to be used to cause bodily harm (including firearm “look alikes”) to school with the intent to cause bodily harm. HB 3772 defines “bodily harm” as an injury that involves a substantial risk of death, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ. If the student brings or possesses such an object with the intent to cause bodily harm, the student must be expelled for at least a year, unless the Superintendent modifies the expulsion term in writing.
A school district also cannot suspend a student in prekindergarten through second grade for longer than three school days unless the Superintendent provides verbal or written approval. If the Superintendent’s approval is not received by the third day, the student must be allowed to return to school by the fourth day. If the Superintendent does provide approval to extend the suspension to more than three days, the length of the suspension cannot be longer than the number of days required by the school district to review, amend, develop, or implement a behavior intervention plan or safety plan.
In addition to limiting the circumstances under which a school district may impose exclusionary discipline upon young students, HB 3772 also limits the extent to which young students may be removed from their home district. HB 3772 provides that a student in kindergarten through second grade may only be placed in out-of-district alternative learning opportunities program for up to 90 days.
As school districts see increasing numbers of young students exhibiting severe behavioral dysregulation at school, the new legislation directly impacts the school’s options in addressing the needs of the student exhibiting behavior as well as protecting the safety of the students and staff. Contact any of our student/special education practice group with your inquiries.
Source: HB 3772
