96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5698

 

Introduced 2/9/2010, by Rep. Shane Cultra

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/24-24   from Ch. 122, par. 24-24

    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.


LRB096 18532 NHT 33914 b

 

 

A BILL FOR

 

HB5698 LRB096 18532 NHT 33914 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 24-24 as follows:
 
6     (105 ILCS 5/24-24)  (from Ch. 122, par. 24-24)
7     Sec. 24-24. Maintenance of discipline. Subject to the
8 limitations of all policies established or adopted under
9 Section 14-8.05, teachers, other certificated educational
10 employees, and any other person, whether or not a certificated
11 employee, providing a related service for or with respect to a
12 student shall maintain discipline in the schools, including
13 school grounds which are owned or leased by the board and used
14 for school purposes and activities. In all matters relating to
15 the discipline in and conduct of the schools and the school
16 children, they stand in the relation of parents and guardians
17 to the pupils. This relationship shall extend to all activities
18 connected with the school program, including all athletic and
19 extracurricular programs, and may be exercised at any time for
20 the safety and supervision of the pupils in the absence of
21 their parents or guardians.
22     Nothing in this Section affects the power of the board to
23 establish rules with respect to discipline; except that each

 

 

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1 board shall establish a policy on discipline, and the policy so
2 established shall provide, subject to the limitations of all
3 policies established or adopted under Section 14-8.05, that a
4 teacher, other certificated employee, and any other person,
5 whether or not a certificated employee, providing a related
6 service for or with respect to a student may use reasonable
7 force as needed to maintain safety for the other students,
8 school personnel or persons or for the purpose of self defense
9 or the defense of property, shall provide that a teacher may
10 remove a student from the classroom for disruptive behavior,
11 and shall include provisions which provide due process to
12 students. A school district employee shall not be liable for
13 enforcing the discipline policy adopted by the school board.
14 The policy shall not include slapping, paddling or prolonged
15 maintenance of students in physically painful positions nor
16 shall it include the intentional infliction of bodily harm.
17     The board may make and enforce reasonable rules of conduct
18 and sportsmanship for athletic and extracurricular school
19 events. Any person who violates such rules may be denied
20 admission to school events for not more than one year, provided
21 that written 10 days notice of the violation is given such
22 person and a hearing had thereon by the board pursuant to its
23 rules and regulations. The administration of any school may
24 sign complaints as agents of the school against persons
25 committing any offense at school events.
26 (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.

 

 

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1 7-19-95.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.