Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds.

342 words·~2 min read·/il/chapter-105/act-5/22-88

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.

(b)Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following:

(1)Ensure that notification or attempted notification of the student's parent or

guardian is made.

(2)Document the time and manner in which the notification or attempted notification

under paragraph

(1)occurred.

(3)Make reasonable efforts to ensure that the student's parent or guardian is present

during the questioning or, if the parent or guardian is not present, ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school counselor, or any other mental health professional, are present during the questioning.

(4)If practicable, make reasonable efforts to ensure that a law enforcement officer

trained in promoting safe interactions and communications with youth is present during the questioning. An officer who received training in youth investigations approved or certified by his or her law enforcement agency or under Section 10.22 of the Police Training Act or a juvenile police officer, as defined under Section 1-3 of the Juvenile Court Act of 1987, satisfies the requirement under this paragraph.

(c)This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:

(1)Prevent bodily harm or injury to the student or any other person.

(2)Apprehend an armed or fleeing suspect.

(3)Prevent the destruction of evidence.

(4)Address an emergency or other dangerous situation.