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Sen. Kimberly A. Lightford
Filed: 3/21/2014
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1 | | AMENDMENT TO SENATE BILL 3004
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3004 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The School Code is amended by changing Sections |
5 | | 10-20.14, 10-22.6, 13A-11, 27A-5, and 34-19 as follows:
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6 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
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7 | | Sec. 10-20.14.
Student discipline policies; Parent-teacher |
8 | | advisory
committee.
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9 | | (a) To establish and maintain
a parent-teacher advisory |
10 | | committee to develop with the school board or governing body of |
11 | | all elementary and secondary schools, charter schools, special |
12 | | charter districts, and alternative schools organized under |
13 | | Article 13A of this Code
policy guidelines on pupil discipline, |
14 | | including school searches, to
furnish a copy of the
policy to |
15 | | the parents or guardian of each pupil within 15 days after
the |
16 | | beginning of the school year, or within 15 days after starting |
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1 | | classes
for a pupil who transfers into the district during the |
2 | | school year, and to
require that each school informs its pupils |
3 | | of the contents of its policy.
School boards, along with the |
4 | | parent-teacher advisory committee, must are
encouraged to |
5 | | annually review their pupil discipline policies, the
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6 | | implementation of those policies, and any other factors related |
7 | | to the safety
of their
schools, pupils, and staff.
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8 | | (a-5) On or before January 1, 2015, the student discipline |
9 | | policy of each elementary and secondary school, charter school, |
10 | | special charter district, and alternative school organized |
11 | | under Article 13A of this Code, shall, at a minimum, create |
12 | | pupil discipline policies that fulfill the requirements set |
13 | | forth in this Section, subsections (a) and (b) of Section |
14 | | 10-22.6 of this Code, Section 34-19 of this Code, and federal |
15 | | and State laws that provide special requirements for the |
16 | | discipline of students with disabilities. |
17 | | (b) The parent-teacher advisory
committee in cooperation |
18 | | with local law enforcement agencies shall develop,
with the |
19 | | school board, policy guideline procedures to
establish
and |
20 | | maintain a reciprocal reporting system between the school |
21 | | district and
local law enforcement agencies regarding criminal |
22 | | offenses committed by
students. School districts are |
23 | | encouraged to create memoranda of understanding with local law |
24 | | enforcement agencies that clearly define law enforcement's |
25 | | role in schools, in accordance with Section 10-22.6 of this |
26 | | Code.
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1 | | (c) The parent-teacher advisory committee, in cooperation |
2 | | with school bus
personnel, shall develop, with the school |
3 | | board, policy guideline procedures to
establish and maintain |
4 | | school bus safety procedures. These procedures shall be
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5 | | incorporated into the district's pupil discipline policy.
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6 | | (d) The school board, in consultation with the |
7 | | parent-teacher
advisory committee and other community-based |
8 | | organizations, must include
provisions in the student |
9 | | discipline
policy to address students who have demonstrated |
10 | | behaviors that put them at
risk for aggressive behavior, |
11 | | including without limitation bullying, as
defined in the |
12 | | policy. These provisions must include
procedures for notifying |
13 | | parents or legal guardians and
early intervention procedures
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14 | | based upon available community-based and district resources.
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15 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
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16 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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17 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
18 | | searches.
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19 | | (a) To expel pupils guilty of gross disobedience or |
20 | | misconduct, including gross disobedience or misconduct |
21 | | perpetuated by electronic means , and
no action shall lie |
22 | | against them for such expulsion. Expulsion shall
take place |
23 | | only after the parents have been requested to appear at a
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24 | | meeting of the board, or with a hearing officer appointed by |
25 | | it, to
discuss their child's behavior. Such request shall be |
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1 | | made by registered
or certified mail and shall state the time, |
2 | | place and purpose of the
meeting. The board, or a hearing |
3 | | officer appointed by it, at such
meeting shall state the |
4 | | reasons for dismissal and the date on which the
expulsion is to |
5 | | become effective. If a hearing officer is appointed by
the |
6 | | board he shall report to the board a written summary of the |
7 | | evidence
heard at the meeting and the board may take such |
8 | | action thereon as it
finds appropriate. If the board orders the |
9 | | expulsion of a pupil, the written expulsion order shall detail |
10 | | the specific reasons why removing the pupil from the learning |
11 | | environment is in the best interest of the school. The |
12 | | expulsion order shall also include a rationale as to the |
13 | | specific duration of the expulsion. An expelled pupil may be |
14 | | immediately transferred to an alternative program in the manner |
15 | | provided in Article 13A or 13B of this Code. A pupil must not |
16 | | be denied transfer because of the expulsion, except in cases in |
17 | | which such transfer is deemed to cause a threat to the safety |
18 | | of students or staff in the alternative program.
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19 | | (b) To suspend or by policy to authorize the superintendent |
20 | | of
the district or the principal, assistant principal, or dean |
21 | | of students
of any school to suspend pupils guilty of gross |
22 | | disobedience or misconduct, or
to suspend pupils guilty of |
23 | | gross disobedience or misconduct on the school bus
from riding |
24 | | the school bus, and no action
shall lie against them for such |
25 | | suspension. The board may by policy
authorize the |
26 | | superintendent of the district or the principal, assistant
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1 | | principal, or dean of students of any
school to suspend pupils |
2 | | guilty of such acts for a period not to exceed
10 school days. |
3 | | If a pupil is suspended due to gross disobedience or misconduct
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4 | | on a school bus, the board may suspend the pupil in excess of |
5 | | 10
school
days for safety reasons. Any suspension shall be |
6 | | reported immediately to the
parents or guardian of such pupil |
7 | | along with a full statement of the
reasons for such suspension |
8 | | and a notice of their right to a review. The school board must |
9 | | be given a summary of the notice, including the reason for the |
10 | | suspension and the suspension length. Upon request of the
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11 | | parents or guardian the school board or a hearing officer |
12 | | appointed by
it shall review such action of the superintendent |
13 | | or principal, assistant
principal, or dean of students. At such
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14 | | review the parents or guardian of the pupil may appear and |
15 | | discuss the
suspension with the board or its hearing officer. |
16 | | If a hearing officer
is appointed by the board he shall report |
17 | | to the board a written summary
of the evidence heard at the |
18 | | meeting. After its hearing or upon receipt
of the written |
19 | | report of its hearing officer, the board may take such
action |
20 | | as it finds appropriate. If a student is suspended pursuant to |
21 | | this subsection (b), the authorized administrator or board |
22 | | shall, in the written suspension order, detail the specific |
23 | | reasons why removing the pupil from the learning environment is |
24 | | in the best interest of the school. The suspension order shall |
25 | | also include rationale as to the specific duration of the |
26 | | suspension. A pupil who is suspended in excess of 20 school |
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1 | | days may be immediately transferred to an alternative program |
2 | | in the manner provided in Article 13A or 13B of this Code. A |
3 | | pupil must not be denied transfer because of the suspension, |
4 | | except in cases in which such transfer is deemed to cause a |
5 | | threat to the safety of students or staff in the alternative |
6 | | program.
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7 | | (b-5) Among the many possible disciplinary interventions |
8 | | and consequences available to school officials, school |
9 | | exclusions, such as out-of-school suspensions and expulsions, |
10 | | are the most serious. School officials shall limit the number |
11 | | and duration of expulsions and suspensions to the greatest |
12 | | extent practicable and are recommended to use them only for |
13 | | legitimate educational purposes and not as punishment. |
14 | | (b-10) Unless otherwise required by federal law or this |
15 | | Code, school boards may not institute zero-tolerance policies |
16 | | by which school administrators are required to suspend or expel |
17 | | students for particular behaviors, regardless of the gravity of |
18 | | behavior, mitigating circumstances, or the situational |
19 | | context. |
20 | | (b-15) Out-of-school suspensions of 3 days or less may only |
21 | | be used if the student's continuing presence in school would |
22 | | pose a threat to school safety or a disruption to other |
23 | | students' learning opportunities. For purposes of this |
24 | | subsection (b-15), "threat to school safety or a disruption to |
25 | | other students' learning opportunities" shall be determined on |
26 | | a case-by-case basis by the school board or its designee. |
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1 | | School officials shall make all reasonable efforts to resolve |
2 | | such threats and minimize the length of suspensions to the |
3 | | greatest extent practicable. |
4 | | (b-20) Unless otherwise required by this Code, |
5 | | out-of-school suspensions of longer than 3 days may only be |
6 | | used if the student has committed an act of gross disobedience |
7 | | or misconduct, the student's continuing presence in school |
8 | | would pose an ongoing threat to the physical safety of other |
9 | | students or staff, and other appropriate behavioral and |
10 | | disciplinary interventions have been exhausted. For purposes |
11 | | of this subsection (b-20), "ongoing threat to the physical |
12 | | safety of other students or staff" shall be determined on a |
13 | | case-by-case basis by the school board or its designee. School |
14 | | officials shall make all reasonable efforts to resolve such |
15 | | threats and minimize the length of student exclusions to the |
16 | | greatest extent practicable. For purposes of this subsection |
17 | | (b-20), the determination of whether "appropriate behavioral |
18 | | and disciplinary interventions have been exhausted" shall be |
19 | | made by the school board or its designee. Within the suspension |
20 | | order described in subsection (b) of this Section, it shall be |
21 | | documented whether other interventions were attempted or |
22 | | whether it was determined that there were no other appropriate |
23 | | interventions. |
24 | | (b-25) Unless otherwise required by this Code, expulsions |
25 | | and disciplinary removals to alternative schools may only be |
26 | | used if the student has committed an act of gross disobedience |
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1 | | or misconduct; the act involved the distribution of illegal |
2 | | drugs or controlled substances to other students, weapons, or |
3 | | other destructive devices, sexual assault, or the use of |
4 | | physical violence against another student or staff member that |
5 | | resulted in physical injury to that person, or knowingly |
6 | | putting another student or staff member at risk of serious |
7 | | bodily injury or death; the student's continuing presence in |
8 | | school would pose an ongoing threat to the physical safety of |
9 | | other students or staff; and other appropriate behavioral and |
10 | | disciplinary interventions have been exhausted. For purposes |
11 | | of this subsection (b-25), "ongoing threat to the physical |
12 | | safety of other students or staff" shall be determined on a |
13 | | case-by-case basis by the school board or its designee. School |
14 | | officials shall make all reasonable efforts to resolve such |
15 | | threats and minimize the length of student exclusions to the |
16 | | greatest extent practicable. For purposes of this subsection |
17 | | (b-25), the determination of whether "appropriate behavioral |
18 | | and disciplinary interventions have been exhausted" shall be |
19 | | made by the school board or its designee. Within the expulsion |
20 | | order described in subsection (a) of this Section, it shall be |
21 | | documented whether other interventions were attempted or |
22 | | whether it was determined that there were no other appropriate |
23 | | interventions. |
24 | | (b-30) Students who are suspended out-of-school for longer |
25 | | than 3 days, expelled, or removed to an alternative setting for |
26 | | disciplinary reasons shall be provided appropriate behavioral |
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1 | | support services that the school district has available. For |
2 | | purposes of this subsection (b-30), the determination of |
3 | | whether "appropriate behavioral support services" will be |
4 | | provided shall be made by the school board or its designee. |
5 | | Within the suspension order described in subsection (b) of this |
6 | | Section, it shall be documented whether such services will be |
7 | | provided or whether it was determined that there are no such |
8 | | appropriate services. |
9 | | (b-35) Students who are suspended or expelled and have not |
10 | | been admitted to another school shall continue to be provided |
11 | | educational services to promote their successful return to |
12 | | their regular school. These services shall include, at a |
13 | | minimum, that each suspended or expelled student be provided a |
14 | | full opportunity to earn equivalent academic credit during the |
15 | | suspension or expulsion period. Suspended or expelled students |
16 | | not placed in an alternative education program shall receive |
17 | | daily classwork and assignments from each teacher and shall be |
18 | | allowed to make up assignments and earn equivalent credits, and |
19 | | their work shall be reviewed and graded, without penalty, by |
20 | | their teachers on a weekly basis and returned to them. The |
21 | | suspended or expelled student's school shall designate a school |
22 | | staff person to serve as the liaison between the student and |
23 | | all relevant teachers and ensure that these requirements are |
24 | | met. |
25 | | (c) The Department of Human Services
shall be invited to |
26 | | send a representative to consult with the board at
such meeting |
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1 | | whenever there is evidence that mental illness may be the
cause |
2 | | for expulsion or suspension.
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3 | | (c-5) School districts shall make all reasonable efforts to |
4 | | provide professional development to teachers, administrators, |
5 | | school board members, school resource officers, and staff on |
6 | | the adverse consequences of school exclusion and |
7 | | justice-system involvement, effective classroom management |
8 | | strategies, culturally responsive discipline, and |
9 | | developmentally appropriate disciplinary methods that promote |
10 | | positive and healthy school climates. |
11 | | (d) The board may expel a student for a definite period of |
12 | | time not to
exceed 2 calendar years, as determined on a case by |
13 | | case basis.
A student who
is determined to have brought one of |
14 | | the following objects to school, any school-sponsored activity
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15 | | or event, or any activity or event that bears a reasonable |
16 | | relationship to school shall be expelled for a period of not |
17 | | less than
one year: |
18 | | (1) A firearm. For the purposes of this Section, |
19 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
20 | | by Section 921 of Title 18 of the United States Code, |
21 | | firearm as defined in Section 1.1 of the Firearm Owners |
22 | | Identification Card Act, or firearm as defined in Section |
23 | | 24-1 of the Criminal Code of 2012. The expulsion period |
24 | | under this subdivision (1) may be modified by the |
25 | | superintendent, and the superintendent's determination may |
26 | | be modified by the board on a case-by-case basis. |
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1 | | (2) A knife, brass knuckles or other knuckle weapon |
2 | | regardless of its composition, a billy club, or any other |
3 | | object if used or attempted to be used to cause bodily |
4 | | harm, including "look alikes" of any firearm as defined in |
5 | | subdivision (1) of this subsection (d). The expulsion |
6 | | requirement under this subdivision (2) may be modified by |
7 | | the superintendent, and the superintendent's determination |
8 | | may be modified by the board on a case-by-case basis. |
9 | | Expulsion
or suspension
shall be construed in a
manner |
10 | | consistent with the Federal Individuals with Disabilities |
11 | | Education
Act. A student who is subject to suspension or |
12 | | expulsion as provided in this
Section may be eligible for a |
13 | | transfer to an alternative school program in
accordance with |
14 | | Article 13A of the School Code. The provisions of this
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15 | | subsection (d) apply in all school districts,
including special |
16 | | charter districts and districts organized under Article 34.
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17 | | (d-5) The board may suspend or by regulation
authorize the |
18 | | superintendent of the district or the principal, assistant
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19 | | principal, or dean of students of any
school to suspend a |
20 | | student for a period not to exceed
10 school days or may expel |
21 | | a student for a definite period of time not to
exceed 2 |
22 | | calendar years, as determined on a case by case basis, if (i) |
23 | | that student has been determined to have made an explicit |
24 | | threat on an Internet website against a school employee, a |
25 | | student, or any school-related personnel, (ii) the Internet |
26 | | website through which the threat was made is a site that was |
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1 | | accessible within the school at the time the threat was made or |
2 | | was available to third parties who worked or studied within the |
3 | | school grounds at the time the threat was made, and (iii) the |
4 | | threat could be reasonably interpreted as threatening to the |
5 | | safety and security of the threatened individual because of his |
6 | | or her duties or employment status or status as a student |
7 | | inside the school. The provisions of this
subsection (d-5) |
8 | | apply in all school districts,
including special charter |
9 | | districts and districts organized under Article 34 of this |
10 | | Code.
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11 | | (e) To maintain order and security in the schools, school |
12 | | authorities may
inspect and search places and areas such as |
13 | | lockers, desks, parking lots, and
other school property and |
14 | | equipment owned or controlled by the school, as well
as |
15 | | personal effects left in those places and areas by students, |
16 | | without notice
to or the consent of the student, and without a |
17 | | search warrant. As a matter of
public policy, the General |
18 | | Assembly finds that students have no reasonable
expectation of |
19 | | privacy in these places and areas or in their personal effects
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20 | | left in these places and areas. School authorities may request |
21 | | the assistance
of law enforcement officials for the purpose of |
22 | | conducting inspections and
searches of lockers, desks, parking |
23 | | lots, and other school property and
equipment owned or |
24 | | controlled by the school for illegal drugs, weapons, or
other
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25 | | illegal or dangerous substances or materials, including |
26 | | searches conducted
through the use of specially trained dogs. |
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1 | | If a search conducted in accordance
with this Section produces |
2 | | evidence that the student has violated or is
violating either |
3 | | the law, local ordinance, or the school's policies or rules,
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4 | | such evidence may be seized by school authorities, and |
5 | | disciplinary action may
be taken. School authorities may also |
6 | | turn over such evidence to law
enforcement authorities. The |
7 | | provisions of this subsection (e) apply in all
school |
8 | | districts, including special charter districts and districts |
9 | | organized
under Article 34.
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10 | | (f) Suspension or expulsion may include suspension or |
11 | | expulsion from
school and all school activities and a |
12 | | prohibition from being present on school
grounds.
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13 | | (g) A school district may adopt a policy providing that if |
14 | | a student
is suspended or expelled for any reason from any |
15 | | public or private school
in this or any other state, the |
16 | | student must complete the entire term of
the suspension or |
17 | | expulsion in an alternative school program under Article 13A of |
18 | | this Code or an alternative learning opportunities program |
19 | | under Article 13B of this Code before being admitted into the |
20 | | school
district if there is no threat to the safety of students |
21 | | or staff in the alternative program . This subsection (g) |
22 | | applies to
all school districts, including special charter |
23 | | districts and districts
organized under Article 34 of this |
24 | | Code.
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25 | | (h) A student may not be arrested or otherwise cited for a |
26 | | criminal offense committed during school hours while on school |
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1 | | grounds, in school vehicles, or at school activities or |
2 | | school-sanctioned events unless: |
3 | | (1) the offense would constitute a felony, if committed |
4 | | outside of the school setting, in one of the classes |
5 | | defined in the Criminal Code of 2012; |
6 | | (2) the offense involves the possession of a controlled |
7 | | substance and would constitute a felony offense, Class A |
8 | | misdemeanor, or Class B misdemeanor, as defined in the |
9 | | Criminal Code of 2012; or |
10 | | (3) the offense involved an act of physical violence |
11 | | against another student or school staff member or resulted |
12 | | in a physical injury to another student or school staff |
13 | | member, and the arrest or citation of the student is |
14 | | necessary to avoid an ongoing threat to the physical safety |
15 | | of other students or staff. |
16 | | For purposes of this subsection (h), "ongoing threat to the |
17 | | physical safety of other students or staff" shall be determined |
18 | | on a case-by-case basis by the school board or its designee. |
19 | | (i) While the option to use justice-system interventions is |
20 | | available under these conditions, the General Assembly |
21 | | recommends that they should be used only as a last resort when |
22 | | there are no other options for safely and appropriately |
23 | | handling the situation. School employees and officials retain |
24 | | their authority and discretion under existing law to address |
25 | | such situations through the existing school discipline |
26 | | structure as modified by this amendatory Act of the 98th |
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1 | | General Assembly. |
2 | | (j) All incidents resulting in an out-of-school suspension |
3 | | longer than 3 days, expulsion, removal to an alternative |
4 | | setting, school-based arrest, or school-based criminal |
5 | | citation shall be documented in a written report that includes |
6 | | a detailed description of the behavior at issue and an |
7 | | explanation of why the actions taken were necessary. These |
8 | | individual reports shall be immediately provided to the parent |
9 | | or guardian of the student and shall be compiled by each school |
10 | | district into an annual summary report that is available for |
11 | | public review. The annual report shall not include any |
12 | | information that would violate either requirements of the |
13 | | Illinois School Student Records Act or federal law or allow for |
14 | | an individual student to be identified. |
15 | | (k) School officials shall not advise or encourage students |
16 | | to disenroll from school voluntarily due to behavioral or |
17 | | academic difficulties. |
18 | | (l) A student may not be issued a monetary fine or fee as a |
19 | | disciplinary consequence. |
20 | | (m) Subsections (a) through (l) of this Section shall apply |
21 | | to each elementary and secondary school, charter school, |
22 | | special charter district, and alternative school organized |
23 | | under Article 13A of this Code and school districts organized |
24 | | under Article 34 of this Code. |
25 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
26 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
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1 | | 97-1150, eff. 1-25-13.)
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2 | | (105 ILCS 5/13A-11)
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3 | | Sec. 13A-11. Chicago public schools.
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4 | | (a) The Chicago Board of Education may
establish |
5 | | alternative schools within Chicago and may contract with third
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6 | | parties for services otherwise performed by employees, |
7 | | including those in a
bargaining unit, in accordance with |
8 | | Sections 34-8.1, 34-18, and 34-49.
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9 | | (b) Alternative schools operated by third parties within |
10 | | Chicago shall be
exempt from all provisions of this the School |
11 | | Code, except provisions concerning:
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12 | | (1) student Student civil rights;
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13 | | (2) staff Staff civil rights;
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14 | | (3) health Health and safety;
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15 | | (4) performance Performance and financial audits;
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16 | | (5) the The Illinois Goals Assessment Program;
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17 | | (6) Chicago learning outcomes;
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18 | | (7) Sections 2-3.25a through 2-3.25j of this the School |
19 | | Code;
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20 | | (8) the The Inspector General; and
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21 | | (9) Section 34-2.4b of this the School Code ; and . |
22 | | (10) the discipline of students under Sections 10-22.6 |
23 | | and 34-19 of this Code.
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24 | | (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
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1 | | (105 ILCS 5/27A-5)
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2 | | Sec. 27A-5. Charter school; legal entity; requirements.
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3 | | (a) A charter school shall be a public, nonsectarian, |
4 | | nonreligious, non-home
based, and non-profit school. A charter |
5 | | school shall be organized and operated
as a nonprofit |
6 | | corporation or other discrete, legal, nonprofit entity
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7 | | authorized under the laws of the State of Illinois.
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8 | | (b) A charter school may be established under this Article |
9 | | by creating a new
school or by converting an existing public |
10 | | school or attendance center to
charter
school status.
Beginning |
11 | | on the effective date of this amendatory Act of the 93rd |
12 | | General
Assembly, in all new
applications submitted to the |
13 | | State Board or a local school board to establish
a charter
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14 | | school in a city having a population exceeding 500,000, |
15 | | operation of the
charter
school shall be limited to one campus. |
16 | | The changes made to this Section by this
amendatory Act
of the |
17 | | 93rd General
Assembly do not apply to charter schools existing |
18 | | or approved on or before the
effective date of this
amendatory |
19 | | Act. |
20 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
21 | | the teaching of courses through online methods with online |
22 | | instructors, rather than the instructor and student being at |
23 | | the same physical location. "Virtual-schooling" includes |
24 | | without limitation instruction provided by full-time, online |
25 | | virtual schools. |
26 | | From April 1, 2013 through April 1, 2014, there is a |
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1 | | moratorium on the establishment of charter schools with |
2 | | virtual-schooling components in school districts other than a |
3 | | school district organized under Article 34 of this Code. This |
4 | | moratorium does not apply to a charter school with |
5 | | virtual-schooling components existing or approved prior to |
6 | | April 1, 2013 or to the renewal of the charter of a charter |
7 | | school with virtual-schooling components already approved |
8 | | prior to April 1, 2013. |
9 | | On or before March 1, 2014, the Commission shall submit to |
10 | | the General Assembly a report on the effect of |
11 | | virtual-schooling, including without limitation the effect on |
12 | | student performance, the costs associated with |
13 | | virtual-schooling, and issues with oversight. The report shall |
14 | | include policy recommendations for virtual-schooling.
|
15 | | (c) A charter school shall be administered and governed by |
16 | | its board of
directors or other governing body
in the manner |
17 | | provided in its charter. The governing body of a charter school
|
18 | | shall be subject to the Freedom of Information Act and the Open |
19 | | Meetings Act.
|
20 | | (d) A charter school shall comply with all applicable |
21 | | health and safety
requirements applicable to public schools |
22 | | under the laws of the State of
Illinois.
|
23 | | (e) Except as otherwise provided in the School Code, a |
24 | | charter school shall
not charge tuition; provided that a |
25 | | charter school may charge reasonable fees
for textbooks, |
26 | | instructional materials, and student activities.
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1 | | (f) A charter school shall be responsible for the |
2 | | management and operation
of its fiscal affairs including,
but |
3 | | not limited to, the preparation of its budget. An audit of each |
4 | | charter
school's finances shall be conducted annually by an |
5 | | outside, independent
contractor retained by the charter |
6 | | school. Annually, by December 1, every charter school must |
7 | | submit to the State Board a copy of its audit and a copy of the |
8 | | Form 990 the charter school filed that year with the federal |
9 | | Internal Revenue Service.
|
10 | | (g) A charter school shall comply with all provisions of |
11 | | this Article, the Illinois Educational Labor Relations Act, and
|
12 | | its charter. A charter
school is exempt from all other State |
13 | | laws and regulations in this the School Code
governing public
|
14 | | schools and local school board policies, except the following:
|
15 | | (1) Sections 10-21.9 and 34-18.5 of this the School |
16 | | Code regarding criminal
history records checks and checks |
17 | | of the Statewide Sex Offender Database and Statewide |
18 | | Murderer and Violent Offender Against Youth Database of |
19 | | applicants for employment;
|
20 | | (2) Sections 10-22.6, 24-24 , 34-19, and 34-84A of this |
21 | | the School Code regarding discipline of
students;
|
22 | | (3) the The Local Governmental and Governmental |
23 | | Employees Tort Immunity Act;
|
24 | | (4) Section 108.75 of the General Not For Profit |
25 | | Corporation Act of 1986
regarding indemnification of |
26 | | officers, directors, employees, and agents;
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1 | | (5) the The Abused and Neglected Child Reporting Act;
|
2 | | (6) the The Illinois School Student Records Act;
|
3 | | (7) Section 10-17a of this the School Code regarding |
4 | | school report cards; and
|
5 | | (8) the The P-20 Longitudinal Education Data System |
6 | | Act. |
7 | | The change made by Public Act 96-104 to this subsection (g) |
8 | | is declaratory of existing law. |
9 | | (h) A charter school may negotiate and contract with a |
10 | | school district, the
governing body of a State college or |
11 | | university or public community college, or
any other public or |
12 | | for-profit or nonprofit private entity for: (i) the use
of a |
13 | | school building and grounds or any other real property or |
14 | | facilities that
the charter school desires to use or convert |
15 | | for use as a charter school site,
(ii) the operation and |
16 | | maintenance thereof, and
(iii) the provision of any service, |
17 | | activity, or undertaking that the charter
school is required to |
18 | | perform in order to carry out the terms of its charter.
|
19 | | However, a charter school
that is established on
or
after the |
20 | | effective date of this amendatory Act of the 93rd General
|
21 | | Assembly and that operates
in a city having a population |
22 | | exceeding
500,000 may not contract with a for-profit entity to
|
23 | | manage or operate the school during the period that commences |
24 | | on the
effective date of this amendatory Act of the 93rd |
25 | | General Assembly and
concludes at the end of the 2004-2005 |
26 | | school year.
Except as provided in subsection (i) of this |
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1 | | Section, a school district may
charge a charter school |
2 | | reasonable rent for the use of the district's
buildings, |
3 | | grounds, and facilities. Any services for which a charter |
4 | | school
contracts
with a school district shall be provided by |
5 | | the district at cost. Any services
for which a charter school |
6 | | contracts with a local school board or with the
governing body |
7 | | of a State college or university or public community college
|
8 | | shall be provided by the public entity at cost.
|
9 | | (i) In no event shall a charter school that is established |
10 | | by converting an
existing school or attendance center to |
11 | | charter school status be required to
pay rent for space
that is |
12 | | deemed available, as negotiated and provided in the charter |
13 | | agreement,
in school district
facilities. However, all other |
14 | | costs for the operation and maintenance of
school district |
15 | | facilities that are used by the charter school shall be subject
|
16 | | to negotiation between
the charter school and the local school |
17 | | board and shall be set forth in the
charter.
|
18 | | (j) A charter school may limit student enrollment by age or |
19 | | grade level.
|
20 | | (k) If the charter school is approved by the Commission, |
21 | | then the Commission charter school is its own local education |
22 | | agency. |
23 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; |
24 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
|
25 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) |
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1 | | Sec. 34-19. By-laws, rules and regulations; business |
2 | | transacted at
regular meetings; voting; records. The board |
3 | | shall, subject to the limitations
in this Article, establish |
4 | | by-laws, rules and regulations, which shall have the
force of |
5 | | ordinances, for the proper maintenance of a uniform system of
|
6 | | discipline for both employees and pupils, and for the entire |
7 | | management of the
schools, and may fix the school age of |
8 | | pupils, the minimum of which in
kindergartens shall not be |
9 | | under 4 years, except that, based upon an assessment of the |
10 | | child's readiness, children who have attended a non-public |
11 | | preschool and continued their education at that school through |
12 | | kindergarten, were taught in kindergarten by an appropriately |
13 | | certified teacher, and will attain the age of 6 years on or |
14 | | before December 31 of the year of the 2009-2010 school term and |
15 | | each school term thereafter may attend first grade upon |
16 | | commencement of such term, and in grade schools shall not be
|
17 | | under 6 years. It may expel, suspend or, subject to the |
18 | | limitations of all
policies established or adopted under |
19 | | Sections 10-22.6 and Section 14-8.05, otherwise discipline any
|
20 | | pupil found guilty of violating gross disobedience, misconduct |
21 | | or other violation of the
by-laws, rules , and regulations , |
22 | | including gross disobedience or misconduct perpetuated by |
23 | | electronic means . An expelled pupil may be immediately |
24 | | transferred to an alternative program in the manner provided in |
25 | | Article 13A or 13B of this Code. A pupil must not be denied |
26 | | transfer because of the expulsion, except in cases in which |
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1 | | such transfer is deemed to cause a threat to the safety of |
2 | | students or staff in the alternative program. A pupil who is |
3 | | suspended in excess of 20 school days may be immediately |
4 | | transferred to an alternative program in the manner provided in |
5 | | Article 13A or 13B of this Code. A pupil must not be denied |
6 | | transfer because of the suspension, except in cases in which |
7 | | such transfer is deemed to cause a threat to the safety of |
8 | | students or staff in the alternative program. The bylaws, rules |
9 | | and regulations of the board
shall be enacted, money shall be |
10 | | appropriated or expended, salaries shall be
fixed or changed, |
11 | | and textbooks, electronic textbooks, and courses of |
12 | | instruction shall be adopted or
changed only at the regular |
13 | | meetings of the board and by a vote of a
majority of the full |
14 | | membership of the board; provided that
notwithstanding any |
15 | | other provision of this Article or the School Code,
neither the |
16 | | board or any local school council may purchase any textbook for |
17 | | use in any public school of the
district from any textbook |
18 | | publisher that fails to furnish any computer
diskettes as |
19 | | required under Section 28-21. Funds appropriated for textbook |
20 | | purchases must be available for electronic textbook purchases |
21 | | and the technological equipment necessary to gain access to and |
22 | | use electronic textbooks at the local school council's |
23 | | discretion. The board shall be further
encouraged to provide |
24 | | opportunities for public hearing and testimony before
the |
25 | | adoption of bylaws, rules and regulations. Upon all |
26 | | propositions
requiring for their adoption at least a majority |
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1 | | of all the members of the
board the yeas and nays shall be |
2 | | taken and reported. The by-laws, rules and
regulations of the |
3 | | board shall not be repealed, amended or added to, except
by a |
4 | | vote of 2/3 of the full membership of the board. The board |
5 | | shall keep
a record of all its proceedings. Such records and |
6 | | all
by-laws, rules and regulations, or parts thereof, may be |
7 | | proved by a copy
thereof certified to be such by the secretary |
8 | | of the board, but if they are
printed in book or pamphlet form |
9 | | which are purported to be published by
authority of the board |
10 | | they need not be otherwise published and the book or
pamphlet |
11 | | shall be received as evidence, without further proof, of the
|
12 | | records, by-laws, rules and regulations, or any part thereof, |
13 | | as of the
dates thereof as shown in such book or pamphlet, in |
14 | | all courts and places
where judicial proceedings are had. |
15 | | Notwithstanding any other provision in this Article or in |
16 | | the School
Code, the board may delegate to the general |
17 | | superintendent or to the
attorney the authorities granted to |
18 | | the board in the School Code, provided
such delegation and |
19 | | appropriate oversight procedures are made pursuant to
board |
20 | | by-laws, rules and regulations, adopted as herein provided, |
21 | | except that
the board may not delegate its authorities and |
22 | | responsibilities regarding (1)
budget approval obligations; |
23 | | (2) rule-making functions; (3) desegregation
obligations; (4) |
24 | | real estate acquisition, sale or lease in excess of 10 years
as |
25 | | provided in Section 34-21; (5) the levy of taxes; or (6) any |
26 | | mandates
imposed upon the board by "An Act in relation to |
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1 | | school reform in cities over
500,000, amending Acts herein |
2 | | named", approved December 12, 1988 (P.A.
85-1418). |
3 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; |
4 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. |
5 | | 7-13-12.)
|
6 | | Section 99. Effective date. This Act takes effect upon |
7 | | becoming law.".
|