The Illinois Senate took decisive action Thursday to ensure students who commit sexually violent crimes can be expelled from their schools, advancing legislation in response to tragic incidents that have left families demanding change.
Senate Bill 939, sponsored by Sen. Steve McClure (R-Springfield), passed with a strong 48-3 vote, with two senators voting present. The bill mandates that students who initiate sexual assault must be expelled for at least one year, while those who initiate nonconsensual sexual acts would face a minimum six-month expulsion. The policy would apply to incidents occurring at school, on school property such as buses, and at school-related events.
The bill was introduced in the wake of a high-profile case in Taylorville, where a 10-year-old girl was allegedly sexually assaulted by a 14-year-old male student on a school bus, then pursued and raped after leaving the bus, according to the girl’s mother. After obtaining an order of protection, the accused student was removed for the remainder of the semester, only to return later. The family has since sued the Taylorville School District and bus company for alleged Title IX violations, negligence, and emotional distress.
“This bill is really important because it’s going to help survivors of sexual violence who are having a hard time as it is after one of these situations, let alone having to go to school and see the person who did that to you right there all the time,” said Sen. McClure.
Similar incidents in other Illinois districts, including the assault of a 4-year-old girl by a 15-year-old boy, have underscored the need for clearer state guidelines on how schools should respond to sexual assault cases.
Under the proposed law, expelled students would be eligible to attend alternative learning centers. School superintendents would have the authority to modify punishments on a case-by-case basis, taking into account the student’s ability to understand their actions and any disabilities they may have.
Democratic Sens. Mike Simmons (Chicago), Rachel Ventura (Joliet), and Karina Villa (West Chicago) voted against the measure.
McClure emphasized that only nonconsensual incidents would be addressed under the bill, which simply adds a new scenario to existing expulsion rules without changing due process protections. Accused students would still be entitled to a hearing.
Senate Bill 939 now heads to the Illinois House for consideration.