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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5698
Introduced 2/9/2010, by Rep. Shane Cultra SYNOPSIS AS INTRODUCED:
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105 ILCS 5/24-24 |
from Ch. 122, par. 24-24 |
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Amends the School Code. Provides that a teacher or other certificated employee shall not be liable for enforcing the discipline policy adopted by a school board. Removes language that provides that 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. Effective immediately.
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A BILL FOR
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HB5698 |
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LRB096 18532 NHT 33914 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 24-24 as follows:
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| (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
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| Sec. 24-24. Maintenance of discipline. Subject to the |
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| limitations of all
policies established or adopted under |
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| Section 14-8.05, teachers,
other
certificated educational |
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| employees, and any other person, whether or not a
certificated |
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| employee, providing a related service for or with respect to a
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| student shall maintain discipline in the schools,
including |
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| school grounds which are owned or leased by the board and used |
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| for
school purposes and activities. In all matters relating to |
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| the discipline in
and conduct of the schools and the school |
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| children, they stand in the relation
of parents and guardians |
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| to the pupils. This relationship shall extend to all
activities |
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| connected with the school program, including all athletic and
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| extracurricular programs, and may be exercised at any time for |
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| the safety and
supervision of the pupils in the absence of |
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| their parents or guardians.
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| Nothing in this Section affects the power of the board to |
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| establish
rules with respect to discipline; except that each |
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HB5698 |
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LRB096 18532 NHT 33914 b |
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| board shall
establish a policy on discipline, and the policy so |
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| established shall
provide, subject to the limitations of all |
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| policies established or adopted
under Section 14-8.05, that a |
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| teacher, other certificated employee, and
any other person, |
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| whether or not a certificated employee, providing a related
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| service for or with respect to a student may use reasonable
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| force as needed to
maintain safety for the other students, |
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| school personnel or persons or for the
purpose of self defense |
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| or the defense of property, shall provide that a
teacher may |
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| remove a student
from the classroom for disruptive behavior, |
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| and shall include provisions
which
provide due process to |
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| students. A school district employee shall not be liable for |
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| enforcing the discipline policy adopted by the school board. |
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| The policy shall not include slapping,
paddling or prolonged |
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| maintenance of students in physically painful positions
nor |
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| shall it include the intentional infliction of bodily harm.
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| The board may make and enforce reasonable rules of conduct |
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| and
sportsmanship for athletic and extracurricular school |
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| events. Any person
who violates such rules may be denied |
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| admission to school events for not
more than one year, provided |
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| that written 10 days notice of the violation
is given such |
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| person and a hearing had thereon by the board pursuant to its
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| rules and regulations. The administration of any school may |
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| sign complaints
as agents of the school against persons |
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| committing any offense at school
events.
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| (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. |