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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 13A-2.5 and 13A-4 as follows:
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6 | (105 ILCS 5/13A-2.5)
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7 | Sec. 13A-2.5. Disruptive student. "Disruptive student" | ||||||
8 | includes
suspension or expulsion eligible students and | ||||||
9 | students, other than students in a school district organized | ||||||
10 | under Article 34 of this Code, against whom juvenile or | ||||||
11 | criminal proceedings alleging the commission of a forcible | ||||||
12 | felony, as defined in Section 2-8 of the Criminal Code of 1961, | ||||||
13 | are pending in any of grades 6 through 12.
" Suspension or | ||||||
14 | expulsion eligible
students " are those students that have been | ||||||
15 | found to be eligible for suspension
or expulsion through the | ||||||
16 | discipline process established by a school district.
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17 | (Source: P.A. 89-383, eff. 8-18-95.)
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18 | (105 ILCS 5/13A-4)
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19 | Sec. 13A-4. Administrative transfers. A student who is | ||||||
20 | determined to be
subject to suspension or expulsion in the | ||||||
21 | manner provided by Section 10-22.6
(or,
in the case of a | ||||||
22 | student enrolled in the public schools of a school district
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1 | organized under Article 34, in accordance with the uniform | ||||||
2 | system of discipline
established under Section 34-19) or a | ||||||
3 | student, other than a student in a school district organized | ||||||
4 | under Article 34 of this Code, against whom juvenile or | ||||||
5 | criminal proceedings alleging the commission of a forcible | ||||||
6 | felony, as defined in Section 2-8 of the Criminal Code of 1961, | ||||||
7 | are pending may be
immediately transferred to the alternative | ||||||
8 | program. At the earliest time
following that transfer | ||||||
9 | appropriate personnel from the sending school district
and | ||||||
10 | appropriate personnel of the alternative program shall meet to | ||||||
11 | develop an
alternative education plan for the student. The | ||||||
12 | student's parent or guardian
shall be invited to this meeting. | ||||||
13 | The student may be invited. The alternative
educational plan | ||||||
14 | shall include, but not be limited to all of the following:
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15 | (1) The duration of the plan, including a date after | ||||||
16 | which the student may
be returned to the regular | ||||||
17 | educational program in the public schools of the
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18 | transferring district. If the parent or guardian of a | ||||||
19 | student
who is scheduled to be returned to the regular | ||||||
20 | education program in the public
schools of the district | ||||||
21 | files a written objection to the return with the
principal | ||||||
22 | of the alternative school, the matter shall be referred by | ||||||
23 | the
principal to the regional superintendent of the | ||||||
24 | educational service region in
which the alternative school | ||||||
25 | program is located for a hearing. Notice of
the hearing
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26 | shall be given by the regional superintendent to the |
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1 | student's parent or
guardian. After the hearing, the | ||||||
2 | regional superintendent may take such action
as he or she | ||||||
3 | finds appropriate and in the best interests of the student. | ||||||
4 | The
determination of the regional superintendent shall be | ||||||
5 | final.
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6 | (2) The specific academic and behavioral components of | ||||||
7 | the plan.
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8 | (3) A method and time frame for reviewing the student's | ||||||
9 | progress.
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10 | Notwithstanding any other provision of this Article, if a | ||||||
11 | student for whom an
individualized educational program has been | ||||||
12 | developed under Article 14 is
transferred to an alternative | ||||||
13 | school program under this Article 13A, that
individualized | ||||||
14 | educational program shall continue to apply to that student
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15 | following the transfer unless modified in accordance with the | ||||||
16 | provisions of
Article 14.
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17 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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