HB0791 95TH GENERAL ASSEMBLY

LRB095 07917 NHT 28079 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0791

Introduced 2/7/2007, by Rep. Annazette Collins

SYNOPSIS AS INTRODUCED:

105 ILCS 5/24-24	from Ch. 122, par. 24-24
105 ILCS 5/26-12	from Ch. 122, par. 26-12
105 ILCS 5/34-19	from Ch. 122, par. 34-19
105 ILCS 5/34-19.01 new

Amends the School Code in relation to Chicago schools. Sets forth criteria and procedures for expulsion of pupils of the age of 16 or older who are guilty of gross disobedience or misconduct. Authorizes suspension of pupils guilty of gross disobedience or misconduct on school buses. Sets forth provisions governing in-school suspension. Provides for establishment of an in-school and intensive district supervision center for pupils under age 16, sets forth procedures for placing children in the center, sets forth components of the program of instruction in the center, and requires parents of pupils to attend certain meetings.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Sections 24-24, 26-12, and 34-19 and by adding Section 34-19.01 as follows:

(105 ILCS 5/24-24) (from Ch. 122, par. 24-24)

Sec. 24-24. Maintenance of discipline. Subject to the limitations of all policies established or adopted under Section 14-8.05, teachers, other certificated educational employees, and any other person, whether or not a certificated employee, providing a related service for or with respect to a student shall maintain discipline in the schools, including school grounds which are owned or leased by the board and used for school purposes and activities. In all matters relating to the discipline in and conduct of the schools and the school children, they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program, including all athletic and extracurricular programs, and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians.

Nothing in this Section affects the power of the board to establish rules with respect to discipline; except that each board shall establish a policy on discipline, that policy must not be inconsistent with the provisions of Section 34-19.01 of this Code, and the policy so established shall provide, subject to the limitations of all policies established or adopted under Section 14-8.05, that a teacher, other certificated employee, and any other person, whether or not a certificated employee, providing a related service for or with respect to a student may use reasonable force as needed to maintain safety for the other students, school personnel or persons or for the purpose of self defense or the defense of property, shall provide that a teacher may remove a student from the classroom for disruptive behavior, and shall include provisions which provide due process to students. The policy shall not include slapping, paddling or prolonged maintenance of students in physically painful positions nor shall it include the intentional infliction of bodily harm.

The board may make and enforce reasonable rules of conduct and sportsmanship for athletic and extracurricular school events. Any person who violates such rules may be denied admission to school events for not more than one year, provided that written 10 days notice of the violation is given such person and a hearing had thereon by the board pursuant to its rules and regulations. The administration of any school may sign complaints as agents of the school against persons committing any offense at school events.

(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. 7-19-95.)

(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)

Sec. 26-12. Punitive action. No punitive action, including in-school or out of school suspensions, expulsions or court action, shall be taken against chronic truants for such truancy, unless available supportive services and other school resources have been provided to the student. Any punitive action taken under this Section is subject to the provisions of Section 34-19.01 of this Code, if such action involves the expulsion or suspension of a student or a student's assignment for attendance pursuant to subsection (c) of Section 34-19.01 of this Code.

(Source: P.A. 85-234.)

(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)

Sec. 34-19. By-laws, rules and regulations; business transacted at regular meetings; voting; records. The board shall, subject to the limitations in this Article, establish by-laws, rules and regulations, which shall have the force of ordinances, for the proper maintenance of a uniform system of discipline for both employees and pupils, and for the entire management of the schools, and may fix the school age of pupils, the minimum of which in kindergartens shall not be under 4 years and in grade schools shall not be under 6 years. Subject to and in a manner consistent with the provisions of Section 34-19.01 of this Code, it It may expel, suspend or, subject to the limitations of all policies established or adopted under Section 14-8.05, otherwise discipline any pupil found guilty of gross disobedience, misconduct or other violation of the by-laws, rules and regulations. The bylaws, rules and regulations of the board shall be enacted, money shall be appropriated or expended, salaries shall be fixed or changed, and textbooks and courses of instruction shall be adopted or changed only at the regular meetings of the board and by a vote of a majority of the full membership of the board; provided that notwithstanding any other provision of this Article or the School Code, neither the board or any local school council may purchase any textbook for use in any public school of the district from any textbook publisher that fails to furnish any computer diskettes as required under Section 28-21. The board shall be further encouraged to provide opportunities for public hearing and testimony before the adoption of bylaws, rules and regulations. Upon all propositions requiring for their adoption at least a majority of all the members of the board the yeas and nays shall be taken and reported. The by-laws, rules and regulations of the board shall not be repealed, amended or added to, except by a vote of 2/3 of the full membership of the board. The board shall keep a record of all its proceedings. Such records and all by-laws, rules and regulations, or parts thereof, may be proved by a copy thereof certified to be such by the secretary of the board, but if they are printed in book or pamphlet form which are purported to be published by authority of the board they need not be otherwise published and the book or pamphlet shall be received as evidence, without further proof, of the records, by-laws, rules and regulations, or any part thereof, as of the dates thereof as shown in such book or pamphlet, in all courts and places where judicial proceedings are had.

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

(Source: P.A. 88-45; 89-15, eff. 5-30-95.)

(105 ILCS 5/34-19.01 new)

Sec. 34-19.01. Expulsion; suspension.

(a) As used in this Section, "disruptive behavior" means:

(1) behavior demonstrating a chronic, severe disciplinary problem and demonstrating a recidivistic pattern of extremely disruptive, refractory behavior that is totally incompatible with the minimum level of classroom order; or

(2) possession of illegal substances or dangerous weapons or objects, drunkenness, chronic truancy, fighting or any other behavior as determined by the local board and administrators to be severe disruptive behavior.

(b) The board may expel pupils of the age of 16 or older who are guilty of gross disobedience or misconduct. No action shall lie against the board or any of its members for such expulsion. Expulsion shall take place only after the parents or guardian have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate.

(c) The board may suspend or by regulation authorize the general superintendent of schools or the school principal or assistant principals to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by regulation authorize the general superintendent or the school principal or assistant principals to suspend pupils guilty of gross disobedience or misconduct on a school bus for a period not to exceed 10 days; however, the board may suspend the pupil in excess of 10 school days to maintain safety and to protect other pupils. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review, a copy of which shall be given to the board. Upon request of the parents or guardian, the board or a hearing officer appointed by it shall review such action of the general superintendent or principal or assistant principal. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board, he or she shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate.

The board shall establish an in-school and intensive district supervision center and as part of that program shall develop guidelines and criteria for the implementation of that program. Only pupils under 16 years of age shall be assigned to or placed under any in-school and intensive district supervision center pursuant to this Section. A pupil who is 16 years of age or older must not be assigned to or placed under any in-school and intensive district supervision center pursuant to this Section.

A pupil receiving an in-school suspension shall be assigned to an area within the school building wherein the pupil may receive learning instructions or counseling for the duration of the suspension. In-school suspension shall be conducted in a manner that ensures the physical separation of the suspended pupils from other pupils throughout the school day, including between classes and during all lunch, recess, study hall, physical education, driver education, and classroom instruction periods and in such a manner that restricts the freedom and privileges of the pupil when appropriate. If a pupil who is serving an in-school suspension is determined to have a chronic, severe disciplinary problem and has demonstrated disruptive behavior that is totally incompatible with the minimum level of classroom order that must exist if others are to be taught and afforded an opportunity to learn, such pupil shall be assigned to an in-school and intensive district supervision center. A pupil placed on in-school suspension shall be assigned for the period of the suspension to any attendance center within the school district designated by the board for pupils assigned to a supervision center, including the attendance center in which the pupil is an enrolled student at the time the pupil is suspended. In establishing its in-school and intensive district supervision center, the board shall consider whether one or more attendance centers within the district shall be designated as the attendance center or centers where all pupils under an in-school intensive district supervision order shall be assigned. Each attendance center where pupils are assigned for the period of their in-school suspension shall be operated in a manner that ensures the physical separation of suspended pupils from other pupils throughout the school day, including between classes and during all lunch, recess, study hall, physical education, driver education, and classroom instruction periods. The supervision center shall be designed, staffed, and operated in such manner that pupils on suspension continue with the courses in which they were enrolled when suspended, under assignments that the actual teachers of those courses shall provide to certificated personnel who shall be responsible for furnishing the direct supervision and the individual assistance, counseling, and instruction required by the pupils who are on suspension.

(d) Except as otherwise provided in this Section, a pupil must not be assigned for attendance to an in-school and intensive district supervision center designated pursuant to subsection (c) of this Section until the pupil's guardian or parents have been notified by certified mail, return receipt requested, to appear at the time and place specified in the notice for the purpose of discussing with the board, or with a hearing officer appointed by the board, the pupil's behavior and impending assignment to an attendance center designated pursuant to subsection (c) of this Section. If a hearing officer is appointed by the board, a written summary of the facts presented at the meeting shall be prepared and furnished by the hearing officer to the board and the pupil's parents or guardian; and the board shall notify the pupil's parents or guardian by certified mail, return receipt requested, to appear at the time and place specified in the notice for a meeting with the board, at which meeting the board shall determine whether the pupil shall be assigned to an attendance center designated pursuant to subsection (c) of this Section. A pupil must not be assigned to an attendance center designated pursuant to subsection (c) of this Section unless the pupil was previously placed on in-school suspension, unless the pupil's conduct during a period of in-school suspension falls to the level required for assignment to an attendance center designated pursuant to subsection (c) of this Section, or unless the pupil's assignment to an attendance center designated pursuant to subsection (c) of this Section is required by court order, including, but not limited to, an order of disposition entered pursuant to the Juvenile Court Act of 1987. When the pupil's assignment to an attendance center designated pursuant to subsection (c) of this Section is required by court order, the meeting or meetings otherwise required by this subsection (d) shall not be required, and the board shall assign the pupil to an attendance center in accordance with the court's order. Attendance centers designated pursuant to subsection (c) of this Section shall be maintained and operated exclusively for pupils assigned thereto for attendance pursuant to subsection (c) of this Section, unless the board determines that such action would be fiscally irresponsible and would result not only in substantial underutilization of an attendance center designated pursuant to subsection (c) of this Section, but would also cause significant excess pupil enrollment at the other attendance centers within the district. If an attendance center designated pursuant to subsection (c) of this Section is not maintained and operated exclusively for pupils assigned thereto pursuant to subsection (c) of this Section, the attendance center shall be operated in a manner that ensures the physical separation of pupils assigned for attendance pursuant to subsection (c) of this Section from other pupils throughout the school day, including between classes and during all lunch, recess, study hall, physical education, driver education, and classroom instruction periods.

Once a student enters the in-school and intensive district supervision center, an assessment evaluation shall be made on the pupil and a service plan developed for the pupil's corrective behavior to be approved by parents, administrators, and teachers. Such assessment evaluation may include an orientation session for the pupil and a psychological and educational assessment of the pupil by a guidance counselor. Such sessions may also include the parents or guardian of the pupil. In addition, an academic program shall be followed, to include, but not be limited to, the following:

(1) Language arts/reading/writing.

(2) Mathematics.

(3) Social studies.

(4) Science or health science.

(5) Violence prevention awareness.

Pupils shall also be involved daily in crisis intervention counseling, with outreach to agencies in the home community when recommended.

The program of instruction developed for pupils assigned for attendance pursuant to subsection (c) of this Section shall be conducted in a flexible environment and shall place emphasis on individualized educational alternatives for such pupils based on their level of intellectual, behavioral, and social development. Components of the program of instruction may include basic skills or other academic coursework in appropriate cases or vocational and technical skills training, public service project activities, family structure, function and management training, social group work demonstration projects, employment training, and service coordinated by school officials with other governmental agencies and not-for-profit entities or with private business and industry, and such other components as are designed to motivate and assist pupils to enhance their self-concept, modify their behavior, develop their academic abilities, and establish and achieve goals that will improve their life. School counselors, social workers, and other certificated personnel shall be assigned by the board as necessary to work with pupils assigned for attendance pursuant to subsection (c) of this Section and with the teachers and the parents or guardians of such pupils in attempting to provide the environment and services necessary to assist those pupils in either returning to the regular educational program of the district or in deriving a measurable benefit from the instruction and training they receive while assigned for attendance pursuant to subsection (c) of this Section. Pupils assigned for attendance pursuant to subsection (c) of this Section may be returned by the board or general superintendent to the regular educational program of the district after a mandatory exit conference is held involving the pupil and his or her parents or guardian and a school official. Return to the home school of the pupil may be made with or without ongoing monitoring, counseling, or therapy of the pupil. Reassignment to a different attendance center within the district may also be made if deemed appropriate by school officials. A pupil so returned may, when necessary, be reassigned by the board or general superintendent for attendance pursuant to subsection (c) of this Section without conducting the meeting or meetings required for an initial assignment under this Section, provided that a pupil assigned to an attendance center designated pursuant to subsection (c) of this Section by court order shall remain so assigned until further order of the court.

The parents or guardians of pupils assigned for attendance pursuant to subsection (c) of this Section shall meet with the school officials, social workers, and counselors on a monthly basis to discuss pupil performances and the efforts of parents and guardians to assist the pupils in improving their skills, behavior, and social development. The time and place of the regular monthly meeting shall be determined by school officials in consultation with the parents and guardians, shall be scheduled on nonattendance days or outside of the regular school day as required, and may be conducted as a group meeting with segments of the meeting devoted to private counseling and discussions with the parents and guardians attending. The time and place of each monthly meeting shall be confirmed by written notice mailed by the school officials to the parents and guardians. Parents or guardians who fail to attend a monthly meeting shall be contacted by the school officials and afforded the opportunity to meet personally with school officials, social workers, or counselors during the regular school day. Any pupil assigned for attendance pursuant to subsection (c) of this Section whose parents or guardian fail to attend monthly meetings or meet personally with school officials, social workers, or school counselors as required by this subsection (d) shall be deemed a neglected minor within the meaning of subsection (1) of Section 2-3 of the Juvenile Court Act of 1987 and shall be reported by the school principal to the Department of Children and Family Services for institution of proceedings under Article II of that Act.

(e) The Department of Human Services shall be invited to send a representative to consult with the board at any meeting held pursuant to this Section whenever there is evidence that mental illness may be the cause for expulsion or suspension or assignment for attendance pursuant to subsection (c) of this Section.