Rep. La Shawn K. Ford

Filed: 4/2/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2880

2    AMENDMENT NO. ______. Amend House Bill 2880 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-22.6 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
8searches.
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, and no action shall lie
12against them for such expulsion. Expulsion shall take place
13only after the parents have been requested to appear at a
14meeting of the board, or with a hearing officer appointed by
15it, to discuss their child's behavior. Such request shall be
16made by registered or certified mail and shall state the time,

 

 

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1place and purpose of the meeting. The board, or a hearing
2officer appointed by it, at such meeting shall state the
3reasons for dismissal and the date on which the expulsion is to
4become effective. If a hearing officer is appointed by the
5board he shall report to the board a written summary of the
6evidence heard at the meeting and the board may take such
7action thereon as it finds appropriate. An expelled pupil may
8be immediately transferred to an alternative program in the
9manner provided in Article 13A or 13B of this Code. A pupil
10must not be denied transfer because of the expulsion, except in
11cases in which such transfer is deemed to cause a threat to the
12safety of students or staff in the alternative program.
13    (b) To suspend or by policy to authorize the superintendent
14of the district or the principal, assistant principal, or dean
15of students of any school to suspend pupils guilty of gross
16disobedience or misconduct, or to suspend pupils guilty of
17gross disobedience or misconduct on the school bus from riding
18the school bus, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons. Any suspension shall be
26reported immediately to the parents or guardian of such pupil

 

 

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1along with a full statement of the reasons for such suspension
2and a notice of their right to a review. The school board must
3be given a summary of the notice, including the reason for the
4suspension and the suspension length. Upon request of the
5parents or guardian the school board or a hearing officer
6appointed by it shall review such action of the superintendent
7or principal, assistant principal, or dean of students. At such
8review the parents or guardian of the pupil may appear and
9discuss the suspension with the board or its hearing officer.
10If a hearing officer is appointed by the board he shall report
11to the board a written summary of the evidence heard at the
12meeting. After its hearing or upon receipt of the written
13report of its hearing officer, the board may take such action
14as it finds appropriate. A pupil who is suspended in excess of
1520 school 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.
21    (c) The Department of Human Services shall be invited to
22send a representative to consult with the board at such meeting
23whenever there is evidence that mental illness may be the cause
24for expulsion or suspension.
25    (d) The board may expel a student for a definite period of
26time not to exceed 2 calendar years, as determined on a case by

 

 

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1case basis. A student who is determined to have brought one of
2the following objects to school, any school-sponsored activity
3or event, or any activity or event that bears a reasonable
4relationship to school shall be expelled for a period of not
5less than one year:
6        (1) A firearm. For the purposes of this Section,
7    "firearm" means any gun, rifle, shotgun, weapon as defined
8    by Section 921 of Title 18 of the United States Code,
9    firearm as defined in Section 1.1 of the Firearm Owners
10    Identification Card Act, or firearm as defined in Section
11    24-1 of the Criminal Code of 2012. The expulsion period
12    under this subdivision (1) may be modified by the
13    superintendent, and the superintendent's determination may
14    be modified by the board on a case-by-case basis.
15        (2) A knife, brass knuckles or other knuckle weapon
16    regardless of its composition, a billy club, or any other
17    object if used or attempted to be used to cause bodily
18    harm, including "look alikes" of any firearm as defined in
19    subdivision (1) of this subsection (d). The expulsion
20    requirement under this subdivision (2) may be modified by
21    the superintendent, and the superintendent's determination
22    may be modified by the board on a case-by-case basis.
23Expulsion or suspension shall be construed in a manner
24consistent with the Federal Individuals with Disabilities
25Education Act. A student who is subject to suspension or
26expulsion as provided in this Section may be eligible for a

 

 

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1transfer to an alternative school program in accordance with
2Article 13A of the School Code. The provisions of this
3subsection (d) apply in all school districts, including special
4charter districts and districts organized under Article 34.
5    (d-5) The board may suspend or by regulation authorize the
6superintendent of the district or the principal, assistant
7principal, or dean of students of any school to suspend a
8student for a period not to exceed 10 school days or may expel
9a student for a definite period of time not to exceed 2
10calendar years, as determined on a case by case basis, if (i)
11that student has been determined to have made an explicit
12threat on an Internet website against a school employee, a
13student, or any school-related personnel, (ii) the Internet
14website through which the threat was made is a site that was
15accessible within the school at the time the threat was made or
16was available to third parties who worked or studied within the
17school grounds at the time the threat was made, and (iii) the
18threat could be reasonably interpreted as threatening to the
19safety and security of the threatened individual because of his
20or her duties or employment status or status as a student
21inside the school. The provisions of this subsection (d-5)
22apply in all school districts, including special charter
23districts and districts organized under Article 34 of this
24Code.
25    (e) To maintain order and security in the schools, school
26authorities may inspect and search places and areas such as

 

 

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1lockers, desks, parking lots, and other school property and
2equipment owned or controlled by the school, as well as
3personal effects left in those places and areas by students,
4without notice to or the consent of the student, and without a
5search warrant. As a matter of public policy, the General
6Assembly finds that students have no reasonable expectation of
7privacy in these places and areas or in their personal effects
8left in these places and areas. School authorities may request
9the assistance of law enforcement officials for the purpose of
10conducting inspections and searches of lockers, desks, parking
11lots, and other school property and equipment owned or
12controlled by the school for illegal drugs, weapons, or other
13illegal or dangerous substances or materials, including
14searches conducted through the use of specially trained dogs.
15If a search conducted in accordance with this Section produces
16evidence that the student has violated or is violating either
17the law, local ordinance, or the school's policies or rules,
18such evidence may be seized by school authorities, and
19disciplinary action may be taken. School authorities may also
20turn over such evidence to law enforcement authorities. The
21provisions of this subsection (e) apply in all school
22districts, including special charter districts and districts
23organized under Article 34.
24    (f) Suspension or expulsion may include suspension or
25expulsion from school and all school activities and a
26prohibition from being present on school grounds.

 

 

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1    (g) A school district may adopt a policy providing that if
2a student is suspended or expelled for any reason from any
3public or private school in this or any other state, the
4student must complete the entire term of the suspension or
5expulsion in an alternative school program under Article 13A of
6this Code or an alternative learning opportunities program
7under Article 13B of this Code before being admitted into the
8school district if there is no threat to the safety of students
9or staff in the alternative program. This subsection (g)
10applies to all school districts, including special charter
11districts and districts organized under Article 34 of this
12Code.
13    (h) The board shall meet or by regulation authorize the
14superintendent of the school district or the principal,
15assistant principal, or dean of students of a school to meet
16with each student subject to suspension or expulsion under this
17Section to inform the student of alternative options and his or
18her rights, including without limitation the following:
19        (1) the length of the suspension or expulsion;
20        (2) the scope of the suspension or expulsion;
21        (3) the availability of an appeals process;
22        (4) the student's ability to receive and complete
23    school work; and
24        (5) the availability of alternative schooling.
25(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
2697-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;

 

 

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197-1150, eff. 1-25-13.)
 
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. An expelled
25pupil may be immediately transferred to an alternative program

 

 

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1in the manner provided in Article 13A or 13B of this Code. A
2pupil must not be denied transfer because of the expulsion,
3except in cases in which such transfer is deemed to cause a
4threat to the safety of students or staff in the alternative
5program. A pupil who is suspended in excess of 20 school days
6may be immediately transferred to an alternative program in the
7manner provided in Article 13A or 13B of this Code. A pupil
8must not be denied transfer because of the suspension, except
9in cases in which such transfer is deemed to cause a threat to
10the safety of students or staff in the alternative program. The
11board shall meet or by regulation authorize the general
12superintendent of schools or the principal, assistant
13principal, or dean of students of a school to meet with each
14student subject to suspension or expulsion under this Section
15to inform the student of alternative options and his or her
16rights, including without limitation (i) the length of the
17suspension or expulsion, (ii) the scope of the suspension or
18expulsion, (iii) the availability of an appeals process, (iv)
19the student's ability to receive and complete school work, and
20(v) the availability of alternative schooling. The bylaws,
21rules and regulations of the board shall be enacted, money
22shall be appropriated or expended, salaries shall be fixed or
23changed, and textbooks, electronic textbooks, and courses of
24instruction shall be adopted or changed only at the regular
25meetings of the board and by a vote of a majority of the full
26membership of the board; provided that notwithstanding any

 

 

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1other provision of this Article or the School Code, neither the
2board or any local school council may purchase any textbook for
3use in any public school of the district from any textbook
4publisher that fails to furnish any computer diskettes as
5required under Section 28-21. Funds appropriated for textbook
6purchases must be available for electronic textbook purchases
7and the technological equipment necessary to gain access to and
8use electronic textbooks at the local school council's
9discretion. The board shall be further encouraged to provide
10opportunities for public hearing and testimony before the
11adoption of bylaws, rules and regulations. Upon all
12propositions requiring for their adoption at least a majority
13of all the members of the board the yeas and nays shall be
14taken and reported. The by-laws, rules and regulations of the
15board shall not be repealed, amended or added to, except by a
16vote of 2/3 of the full membership of the board. The board
17shall keep a record of all its proceedings. Such records and
18all by-laws, rules and regulations, or parts thereof, may be
19proved by a copy thereof certified to be such by the secretary
20of the board, but if they are printed in book or pamphlet form
21which are purported to be published by authority of the board
22they need not be otherwise published and the book or pamphlet
23shall be received as evidence, without further proof, of the
24records, by-laws, rules and regulations, or any part thereof,
25as of the dates thereof as shown in such book or pamphlet, in
26all courts and places where 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; 97-813, eff.
177-13-12.)".