HB2880 EngrossedLRB098 06296 NHT 37866 b

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
52-3.157 and by changing Sections 10-20.14 and 34-19 as follows:
 
6    (105 ILCS 5/2-3.157 new)
7    Sec. 2-3.157. 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 2-3.157 of this Code. A school board must (i)
19post the pupil discipline policy on the school district's
20Internet website, if any, within 15 days after the beginning of
21the school year or, if the district does not have an Internet
22website, to furnish a copy of the pupil discipline policy to

 

 

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

 

 

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

 

 

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1by-laws, rules and regulations, including gross disobedience
2or misconduct perpetuated by electronic means. An expelled
3pupil may be immediately transferred to an alternative program
4in the manner provided in Article 13A or 13B of this Code. A
5pupil must not be denied transfer because of the expulsion,
6except in cases in which such transfer is deemed to cause a
7threat to the safety of students or staff in the alternative
8program. A pupil who is suspended in excess of 20 school days
9may be immediately transferred to an alternative program in the
10manner provided in Article 13A or 13B of this Code. A pupil
11must not be denied transfer because of the suspension, except
12in cases in which such transfer is deemed to cause a threat to
13the safety of students or staff in the alternative program.
14With respect to expulsions, the district's pupil discipline
15policy must conform to the standard student expulsion policy
16established by the State Board of Education under Section
172-3.157 of this Code. The board must post the district's pupil
18discipline policy on the district's Internet website within 15
19days after the beginning of the school year and require that
20each school inform its pupils of the contents of its policy.
21The bylaws, rules and regulations of the board shall be
22enacted, money shall be appropriated or expended, salaries
23shall be fixed or changed, and textbooks, electronic textbooks,
24and courses of instruction shall be adopted or changed only at
25the regular meetings of the board and by a vote of a majority
26of the full membership of the board; provided that

 

 

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1notwithstanding any other provision of this Article or the
2School Code, neither the board or any local school council may
3purchase any textbook for use in any public school of the
4district from any textbook publisher that fails to furnish any
5computer diskettes as required under Section 28-21. Funds
6appropriated for textbook purchases must be available for
7electronic textbook purchases and the technological equipment
8necessary to gain access to and use electronic textbooks at the
9local school council's discretion. The board shall be further
10encouraged to provide opportunities for public hearing and
11testimony before the adoption of bylaws, rules and regulations.
12Upon all propositions requiring for their adoption at least a
13majority of all the members of the board the yeas and nays
14shall be taken and reported. The by-laws, rules and regulations
15of the board shall not be repealed, amended or added to, except
16by a vote 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.)