97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5716

 

Introduced 2/16/2012, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.156 new
105 ILCS 5/10-20.14  from Ch. 122, par. 10-20.14
105 ILCS 5/34-19  from Ch. 122, par. 34-19

    Amends the School Code. Requires the State Board of Education to establish a standard student expulsion policy that applies to each school district in this State. Requires a district's pupil discipline policy to conform to the standard student expulsion policy. Requires a school board to furnish a copy of the district's pupil discipline policy to the parents or guardian of each pupil within 15 days after the beginning of the school year or within 15 days after starting classes for a pupil who transfers into the district during the school year and to require that each school inform its pupils of the contents of its policy (now permissive with respect to school boards other than the Chicago Board of Education).


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
52-3.156 and by changing Sections 10-20.14 and 34-19 as follows:
 
6    (105 ILCS 5/2-3.156 new)
7    Sec. 2-3.156. Standard student expulsion policy. The State
8Board of Education shall establish a standard student expulsion
9policy that applies to each school district in this State.
 
10    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
11    Sec. 10-20.14. Student discipline policies; Parent-teacher
12advisory committee.
13    (a) To establish and maintain a parent-teacher advisory
14committee to develop with the school board policy guidelines on
15pupil discipline, including school searches. With respect to
16expulsions, the policy must conform to the standard student
17expulsion policy established by the State Board of Education
18under Section 2-3.153 of this Code. A school board must , to
19furnish a copy of the pupil discipline policy to the parents or
20guardian of each pupil within 15 days after the beginning of
21the school year, or within 15 days after starting classes for a
22pupil who transfers into the district during the school year,

 

 

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1and to require that each school inform informs its pupils of
2the contents of its policy. School boards, along with the
3parent-teacher advisory committee, are encouraged to annually
4review their pupil discipline policies, the implementation of
5those policies, and any other factors related to the safety of
6their schools, pupils, and staff.
7    (b) The parent-teacher advisory committee in cooperation
8with local law enforcement agencies shall develop, with the
9school board, policy guideline procedures to establish and
10maintain a reciprocal reporting system between the school
11district and local law enforcement agencies regarding criminal
12offenses committed by students.
13    (c) The parent-teacher advisory committee, in cooperation
14with school bus personnel, shall develop, with the school
15board, policy guideline procedures to establish and maintain
16school bus safety procedures. These procedures shall be
17incorporated into the district's pupil discipline policy.
18    (d) The school board, in consultation with the
19parent-teacher advisory committee and other community-based
20organizations, must include provisions in the student
21discipline policy to address students who have demonstrated
22behaviors that put them at risk for aggressive behavior,
23including without limitation bullying, as defined in the
24policy. These provisions must include procedures for notifying
25parents or legal guardians and early intervention procedures
26based upon available community-based and district resources.

 

 

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1(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
 
2    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
3    Sec. 34-19. By-laws, rules and regulations; business
4transacted at regular meetings; voting; records. The board
5shall, subject to the limitations in this Article, establish
6by-laws, rules and regulations, which shall have the force of
7ordinances, for the proper maintenance of a uniform system of
8discipline for both employees and pupils, and for the entire
9management of the schools, and may fix the school age of
10pupils, the minimum of which in kindergartens shall not be
11under 4 years, except that, based upon an assessment of the
12child's readiness, children who have attended a non-public
13preschool and continued their education at that school through
14kindergarten, were taught in kindergarten by an appropriately
15certified teacher, and will attain the age of 6 years on or
16before December 31 of the year of the 2009-2010 school term and
17each school term thereafter may attend first grade upon
18commencement of such term, and in grade schools shall not be
19under 6 years. It may expel, suspend or, subject to the
20limitations of all policies established or adopted under
21Section 14-8.05, otherwise discipline any pupil found guilty of
22gross disobedience, misconduct or other violation of the
23by-laws, rules and regulations, including gross disobedience
24or misconduct perpetuated by electronic means. With respect to
25expulsions, the district's pupil discipline policy must

 

 

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1conform to the standard student expulsion policy established by
2the State Board of Education under Section 2-3.153 of this
3Code. The board must furnish a copy of the district's pupil
4discipline policy to the parents or guardian of each pupil
5within 15 days after the beginning of the school year or within
615 days after starting classes for a pupil who transfers into
7the district during the school year and require that each
8school inform its pupils of the contents of its policy. An
9expelled pupil may be immediately transferred to an alternative
10program in the manner provided in Article 13A or 13B of this
11Code. A pupil must not be denied transfer because of the
12expulsion, except in cases in which such transfer is deemed to
13cause a threat to the safety of students or staff in the
14alternative program. A pupil who is suspended in excess of 20
15school days may be immediately transferred to an alternative
16program in the manner provided in Article 13A or 13B of this
17Code. A pupil must not be denied transfer because of the
18suspension, except in cases in which such transfer is deemed to
19cause a threat to the safety of students or staff in the
20alternative program. The bylaws, rules and regulations of the
21board shall be enacted, money shall be appropriated or
22expended, salaries shall be fixed or changed, and textbooks,
23electronic textbooks, and courses of instruction shall be
24adopted or changed only at the regular meetings of the board
25and by a vote of a majority of the full membership of the
26board; provided that notwithstanding any other provision of

 

 

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1this Article or the School Code, neither the board or any local
2school council may purchase any textbook for use in any public
3school of the district from any textbook publisher that fails
4to furnish any computer diskettes as required under Section
528-21. Funds appropriated for textbook purchases must be
6available for electronic textbook purchases and the
7technological equipment necessary to gain access to and use
8electronic textbooks at the local school council's discretion.
9The board shall be further encouraged to provide opportunities
10for public hearing and testimony before the adoption of bylaws,
11rules and regulations. Upon all propositions requiring for
12their adoption at least a majority of all the members of the
13board the yeas and nays shall be taken and reported. The
14by-laws, rules and regulations of the board shall not be
15repealed, amended or added to, except by a vote of 2/3 of the
16full membership of the board. The board shall keep a record of
17all its proceedings. Such records and all by-laws, rules and
18regulations, or parts thereof, may be proved by a copy thereof
19certified to be such by the secretary of the board, but if they
20are printed in book or pamphlet form which are purported to be
21published by authority of the board they need not be otherwise
22published and the book or pamphlet shall be received as
23evidence, without further proof, of the records, by-laws, rules
24and regulations, or any part thereof, as of the dates thereof
25as shown in such book or pamphlet, in all courts and places
26where judicial proceedings are had.

 

 

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1    Notwithstanding any other provision in this Article or in
2the School Code, the board may delegate to the general
3superintendent or to the attorney the authorities granted to
4the board in the School Code, provided such delegation and
5appropriate oversight procedures are made pursuant to board
6by-laws, rules and regulations, adopted as herein provided,
7except that the board may not delegate its authorities and
8responsibilities regarding (1) budget approval obligations;
9(2) rule-making functions; (3) desegregation obligations; (4)
10real estate acquisition, sale or lease in excess of 10 years as
11provided in Section 34-21; (5) the levy of taxes; or (6) any
12mandates imposed upon the board by "An Act in relation to
13school reform in cities over 500,000, amending Acts herein
14named", approved December 12, 1988 (P.A. 85-1418).
15(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
1697-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)