093_HB0205

 
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 1        AN ACT concerning schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 10-22.6 and 34-19 as follows:

 6        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
 7        Sec.  10-22.6.  Suspension or expulsion of pupils; school
 8    searches.
 9        (a)  To expel pupils  guilty  of  gross  disobedience  or
10    misconduct,  and  no  action  shall lie against them for such
11    expulsion. Expulsion shall take place only after the  parents
12    have  been  requested to appear at a meeting of the board, or
13    with a hearing officer appointed  by  it,  to  discuss  their
14    child's behavior. Such request shall be made by registered or
15    certified mail and shall state the time, place and purpose of
16    the meeting. The board, or a hearing officer appointed by it,
17    at such meeting shall state the reasons for dismissal and the
18    date  on  which  the  expulsion  is to become effective. If a
19    hearing officer is appointed by the board he shall report  to
20    the  board  a  written  summary  of the evidence heard at the
21    meeting and the board may take  such  action  thereon  as  it
22    finds appropriate.
23        (b)  To   suspend  or  by  regulation  to  authorize  the
24    superintendent of the district or  the  principal,  assistant
25    principal,  or  dean  of  students  of  any school to suspend
26    pupils guilty of gross  disobedience  or  misconduct,  or  to
27    suspend  pupils guilty of gross disobedience or misconduct on
28    the school bus from riding the  school  bus,  and  no  action
29    shall  lie against them for such suspension. The board may by
30    regulation authorize the superintendent of  the  district  or
31    the  principal,  assistant  principal, or dean of students of
 
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 1    any school to suspend pupils guilty of such acts for a period
 2    not to exceed 10 school days. If a pupil is suspended due  to
 3    gross  disobedience  or misconduct on a school bus, the board
 4    may suspend the pupil in excess of 10 school days for  safety
 5    reasons.  Any suspension shall be reported immediately to the
 6    parents or guardian of such pupil along with a full statement
 7    of  the  reasons  for  such  suspension and a notice of their
 8    right to a review, a copy of which  shall  be  given  to  the
 9    school  board.  Upon  request  of the parents or guardian the
10    school board or a  hearing  officer  appointed  by  it  shall
11    review  such  action  of  the  superintendent  or  principal,
12    assistant principal, or dean of students.  At such review the
13    parents  or  guardian of the pupil may appear and discuss the
14    suspension with the  board  or  its  hearing  officer.  If  a
15    hearing  officer is appointed by the board he shall report to
16    the board a written summary of  the  evidence  heard  at  the
17    meeting.  After  its  hearing  or upon receipt of the written
18    report of its hearing officer, the board may take such action
19    as it finds appropriate.
20        (c)  The Department of Human Services shall be invited to
21    send a representative to  consult  with  the  board  at  such
22    meeting whenever there is evidence that mental illness may be
23    the cause for expulsion or suspension.
24        (d)  The  board may expel a student for a definite period
25    of time not to exceed 2 calendar years, as  determined  on  a
26    case  by  case  basis.  A  student  who is determined to have
27    brought a weapon to school, any school-sponsored activity  or
28    event,  or  any  activity  or  event which bears a reasonable
29    relationship to school shall be expelled for a period of  not
30    less  than  one year, except that the expulsion period may be
31    modified by  the  superintendent,  and  the  superintendent's
32    determination  may be modified by the board on a case by case
33    basis. For the purpose of this  Section,  the  term  "weapon"
34    means  (1)  possession, use, control, or transfer of any gun,
 
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 1    rifle, shotgun, weapon as defined by Section 921 of Title 18,
 2    United States Code, firearm as defined in Section 1.1 of  the
 3    Firearm  Owners  Identification  Act,  or  use of a weapon as
 4    defined in Section 24-1 of the Criminal Code, (2)  any  other
 5    object  if used or attempted to be used to cause bodily harm,
 6    including but not limited  to,  knives,  brass  knuckles,  or
 7    billy clubs, or (3) "look alikes" of any weapon as defined in
 8    this Section. Expulsion or suspension shall be construed in a
 9    manner   consistent   with   the   Federal  Individuals  with
10    Disabilities Education Act.  A  student  who  is  subject  to
11    suspension  or  expulsion  as provided in this Section may be
12    eligible for a transfer to an alternative school  program  in
13    accordance   with  Article  13A  of  the  School  Code.   The
14    provisions  of  this  subsection  (d)  apply  in  all  school
15    districts, including special charter districts and  districts
16    organized under Article 34.
17        (e)  To  maintain  order  and  security  in  the schools,
18    school authorities may inspect and search  places  and  areas
19    such  as  lockers,  desks,  parking  lots,  and  other school
20    property and equipment owned or controlled by the school,  as
21    well  as  personal  effects left in those places and areas by
22    students, without notice to or the consent  of  the  student,
23    and  without a search warrant.  As a matter of public policy,
24    the General Assembly finds that students have  no  reasonable
25    expectation  of privacy in these places and areas or in their
26    personal effects left in  these  places  and  areas.   School
27    authorities  may  request  the  assistance of law enforcement
28    officials for  the  purpose  of  conducting  inspections  and
29    searches  of  lockers,  desks, parking lots, and other school
30    property and equipment owned or controlled by the school  for
31    illegal   drugs,  weapons,  or  other  illegal  or  dangerous
32    substances or materials, including searches conducted through
33    the use of specially trained dogs.  If a search conducted  in
34    accordance  with  this  Section  produces  evidence  that the
 
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 1    student has violated or is violating either  the  law,  local
 2    ordinance,  or  the school's policies or rules, such evidence
 3    may be seized by school authorities, and disciplinary  action
 4    may  be  taken.   School  authorities may also turn over such
 5    evidence to law enforcement authorities.  The  provisions  of
 6    this  subsection (e) apply in all school districts, including
 7    special  charter  districts  and  districts  organized  under
 8    Article 34.
 9        (f)  Suspension or expulsion may  include  suspension  or
10    expulsion  from  school  and  all  school  activities  and  a
11    prohibition from being present on school grounds.
12        (g)  A  school district may adopt a policy providing that
13    if a student is suspended or expelled for any reason from any
14    public or private school in this  or  any  other  state,  the
15    student  must  complete  the entire term of the suspension or
16    expulsion before being admitted  into  the  school  district.
17    This  policy  may  allow  placement  of  the  student  in  an
18    alternative  school  program established under Article 13A of
19    this Code, if available, for the remainder of the  suspension
20    or  expulsion.   This  subsection  (g)  applies to all school
21    districts, including special charter districts and  districts
22    organized under Article 34 of this Code.
23        (h)  If a pupil is suspended for more than 2 school days,
24    the  pupil's  parent or guardian may chose to place the pupil
25    in a community-based education program during those  days  of
26    suspension   and   the   school   district   must   pay   the
27    community-based  education  program  an  amount  equal to the
28    amount the school spends per pupil per day for each day  that
29    the pupil is suspended and attends the program.
30    (Source: P.A. 92-64, eff. 7-12-01.)

31        (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
32        Sec.  34-19.  By-laws,  rules  and  regulations; business
33    transacted at regular meetings; voting;  records.  The  board
 
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 1    shall,  subject to the limitations in this Article, establish
 2    by-laws, rules and regulations, which shall have the force of
 3    ordinances, for the proper maintenance of a uniform system of
 4    discipline for both employees and pupils, and for the  entire
 5    management  of  the  schools,  and  may fix the school age of
 6    pupils, the minimum of which in kindergartens  shall  not  be
 7    under  4  years  and  in  grade  schools shall not be under 6
 8    years. It may expel, suspend or, subject to  the  limitations
 9    of all policies established or adopted under Section 14-8.05,
10    otherwise   discipline   any  pupil  found  guilty  of  gross
11    disobedience, misconduct or other violation of  the  by-laws,
12    rules  and regulations. If a pupil is suspended for more than
13    2 school days, the pupil's parent or guardian  may  chose  to
14    place the pupil in a community-based education program during
15    those days of suspension and the school district must pay the
16    community-based  education  program  an  amount  equal to the
17    amount the school spends per pupil per day for each day  that
18    the  pupil is suspended and attends the program.  The bylaws,
19    rules and regulations of the board shall  be  enacted,  money
20    shall be appropriated or expended, salaries shall be fixed or
21    changed,  and  textbooks  and courses of instruction shall be
22    adopted or changed only at the regular meetings of the  board
23    and  by  a  vote  of a majority of the full membership of the
24    board; provided that notwithstanding any other  provision  of
25    this  Article  or  the  School Code, neither the board or any
26    local school council may purchase any textbook for use in any
27    public school of the district  from  any  textbook  publisher
28    that  fails  to  furnish  any  computer diskettes as required
29    under Section 28-21. The board shall be further encouraged to
30    provide opportunities for public hearing and testimony before
31    the adoption of  bylaws,  rules  and  regulations.  Upon  all
32    propositions requiring for their adoption at least a majority
33    of  all  the  members of the board the yeas and nays shall be
34    taken and reported. The by-laws, rules and regulations of the
 
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 1    board shall not be repealed, amended or added to, except by a
 2    vote of 2/3 of the full membership of the  board.  The  board
 3    shall keep a record of all its proceedings.  Such records and
 4    all  by-laws, rules and regulations, or parts thereof, may be
 5    proved by  a  copy  thereof  certified  to  be  such  by  the
 6    secretary  of  the  board, but if they are printed in book or
 7    pamphlet  form  which  are  purported  to  be  published   by
 8    authority  of  the board they need not be otherwise published
 9    and the book or  pamphlet  shall  be  received  as  evidence,
10    without  further  proof,  of  the records, by-laws, rules and
11    regulations, or any part thereof, as of the dates thereof  as
12    shown  in  such  book  or  pamphlet, in all courts and places
13    where judicial proceedings are had.
14        Notwithstanding any other provision in this Article or in
15    the School Code,  the  board  may  delegate  to  the  general
16    superintendent  or to the attorney the authorities granted to
17    the board in the School Code, provided  such  delegation  and
18    appropriate  oversight  procedures are made pursuant to board
19    by-laws, rules and regulations, adopted as  herein  provided,
20    except  that  the  board may not delegate its authorities and
21    responsibilities regarding (1) budget  approval  obligations;
22    (2) rule-making functions; (3) desegregation obligations; (4)
23    real  estate acquisition, sale or lease in excess of 10 years
24    as provided in Section 34-21; (5) the levy of taxes;  or  (6)
25    any mandates imposed upon the board by "An Act in relation to
26    school  reform  in  cities over 500,000, amending Acts herein
27    named", approved December 12, 1988 (P.A. 85-1418).
28    (Source: P.A. 88-45; 89-15, eff. 5-30-95.)

29        Section 90.  The State Mandates Act is amended by  adding
30    Section 8.27 as follows:

31        (30 ILCS 805/8.27 new)
32        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 
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 1    and 8 of this Act, no reimbursement by the State is  required
 2    for  the  implementation  of  any  mandate  created  by  this
 3    amendatory Act of the 93rd General Assembly.

 4        Section  99.   Effective  date.  This Act takes effect on
 5    July 1, 2003.