HB0640ham001 96TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 3/11/2009

09600HB0640ham001 LRB096 08328 NHT 23363 a

AMENDMENT TO HOUSE BILL 640

AMENDMENT NO. ______. Amend House Bill 640 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 13A-2.5 and 13A-4 as follows:

(105 ILCS 5/13A-2.5)

Sec. 13A-2.5. Disruptive student. "Disruptive student" includes suspension or expulsion eligible students and students, other than students in a school district organized under Article 34 of this Code, against whom juvenile or criminal proceedings alleging the commission of a forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, are pending in any of grades 6 through 12. "Suspension or expulsion eligible students" are those students that have been found to be eligible for suspension or expulsion through the discipline process established by a school district.

(Source: P.A. 89-383, eff. 8-18-95.)

(105 ILCS 5/13A-4)

Sec. 13A-4. Administrative transfers. A student who is determined to be subject to suspension or expulsion in the manner provided by Section 10-22.6 (or, in the case of a student enrolled in the public schools of a school district organized under Article 34, in accordance with the uniform system of discipline established under Section 34-19) or a student, other than a student in a school district organized under Article 34 of this Code, against whom juvenile or criminal proceedings alleging the commission of a forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, are pending may be immediately transferred to the alternative program. At the earliest time following that transfer appropriate personnel from the sending school district and appropriate personnel of the alternative program shall meet to develop an alternative education plan for the student. The student's parent or guardian shall be invited to this meeting. The student may be invited. The alternative educational plan shall include, but not be limited to all of the following:

(1) The duration of the plan, including a date after which the student may be returned to the regular educational program in the public schools of the transferring district. If the parent or guardian of a student who is scheduled to be returned to the regular education program in the public schools of the district files a written objection to the return with the principal of the alternative school, the matter shall be referred by the principal to the regional superintendent of the educational service region in which the alternative school program is located for a hearing. Notice of the hearing shall be given by the regional superintendent to the student's parent or guardian. After the hearing, the regional superintendent may take such action as he or she finds appropriate and in the best interests of the student. The determination of the regional superintendent shall be final.

(2) The specific academic and behavioral components of the plan.

(3) A method and time frame for reviewing the student's progress.

Notwithstanding any other provision of this Article, if a student for whom an individualized educational program has been developed under Article 14 is transferred to an alternative school program under this Article 13A, that individualized educational program shall continue to apply to that student following the transfer unless modified in accordance with the provisions of Article 14.

(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

Section 99. Effective date. This Act takes effect upon becoming law.".