Sen. Kimberly A. Lightford

Filed: 3/21/2014

 

 


 

 


 
09800SB3004sam001LRB098 17233 NHT 57381 a

1
AMENDMENT TO SENATE BILL 3004

2    AMENDMENT NO. ______. Amend Senate Bill 3004 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-20.14, 10-22.6, 13A-11, 27A-5, and 34-19 as follows:
 
6    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
7    Sec. 10-20.14. Student discipline policies; Parent-teacher
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body of
11all elementary and secondary schools, charter schools, special
12charter districts, and alternative schools organized under
13Article 13A of this Code policy guidelines on pupil discipline,
14including school searches, to furnish a copy of the policy to
15the parents or guardian of each pupil within 15 days after the
16beginning of the school year, or within 15 days after starting

 

 

09800SB3004sam001- 2 -LRB098 17233 NHT 57381 a

1classes for a pupil who transfers into the district during the
2school year, and to require that each school informs its pupils
3of the contents of its policy. School boards, along with the
4parent-teacher advisory committee, must are encouraged to
5annually review their pupil discipline policies, the
6implementation of those policies, and any other factors related
7to the safety of their schools, pupils, and staff.
8    (a-5) On or before January 1, 2015, the student discipline
9policy of each elementary and secondary school, charter school,
10special charter district, and alternative school organized
11under Article 13A of this Code, shall, at a minimum, create
12pupil discipline policies that fulfill the requirements set
13forth in this Section, subsections (a) and (b) of Section
1410-22.6 of this Code, Section 34-19 of this Code, and federal
15and State laws that provide special requirements for the
16discipline of students with disabilities.
17    (b) The parent-teacher advisory committee in cooperation
18with local law enforcement agencies shall develop, with the
19school board, policy guideline procedures to establish and
20maintain a reciprocal reporting system between the school
21district and local law enforcement agencies regarding criminal
22offenses committed by students. School districts are
23encouraged to create memoranda of understanding with local law
24enforcement agencies that clearly define law enforcement's
25role in schools, in accordance with Section 10-22.6 of this
26Code.

 

 

09800SB3004sam001- 3 -LRB098 17233 NHT 57381 a

1    (c) The parent-teacher advisory committee, in cooperation
2with school bus personnel, shall develop, with the school
3board, policy guideline procedures to establish and maintain
4school bus safety procedures. These procedures shall be
5incorporated into the district's pupil discipline policy.
6    (d) The school board, in consultation with the
7parent-teacher advisory committee and other community-based
8organizations, must include provisions in the student
9discipline policy to address students who have demonstrated
10behaviors that put them at risk for aggressive behavior,
11including without limitation bullying, as defined in the
12policy. These provisions must include procedures for notifying
13parents or legal guardians and early intervention procedures
14based upon available community-based and district resources.
15(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    Sec. 10-22.6. Suspension or expulsion of pupils; school
18searches.
19    (a) To expel pupils guilty of gross disobedience or
20misconduct, including gross disobedience or misconduct
21perpetuated by electronic means, and no action shall lie
22against them for such expulsion. Expulsion shall take place
23only after the parents have been requested to appear at a
24meeting of the board, or with a hearing officer appointed by
25it, to discuss their child's behavior. Such request shall be

 

 

09800SB3004sam001- 4 -LRB098 17233 NHT 57381 a

1made by registered or certified mail and shall state the time,
2place and purpose of the meeting. The board, or a hearing
3officer appointed by it, at such meeting shall state the
4reasons for dismissal and the date on which the expulsion is to
5become effective. If a hearing officer is appointed by the
6board he shall report to the board a written summary of the
7evidence heard at the meeting and the board may take such
8action thereon as it finds appropriate. If the board orders the
9expulsion of a pupil, the written expulsion order shall detail
10the specific reasons why removing the pupil from the learning
11environment is in the best interest of the school. The
12expulsion order shall also include a rationale as to the
13specific duration of the expulsion. An expelled pupil may be
14immediately transferred to an alternative program in the manner
15provided in Article 13A or 13B of this Code. A pupil must not
16be denied transfer because of the expulsion, except in cases in
17which such transfer is deemed to cause a threat to the safety
18of students or staff in the alternative program.
19    (b) To suspend or by policy to authorize the superintendent
20of the district or the principal, assistant principal, or dean
21of students of any school to suspend pupils guilty of gross
22disobedience or misconduct, or to suspend pupils guilty of
23gross disobedience or misconduct on the school bus from riding
24the school bus, and no action shall lie against them for such
25suspension. The board may by policy authorize the
26superintendent of the district or the principal, assistant

 

 

09800SB3004sam001- 5 -LRB098 17233 NHT 57381 a

1principal, or dean of students of any school to suspend pupils
2guilty of such acts for a period not to exceed 10 school days.
3If a pupil is suspended due to gross disobedience or misconduct
4on a school bus, the board may suspend the pupil in excess of
510 school days for safety reasons. Any suspension shall be
6reported immediately to the parents or guardian of such pupil
7along with a full statement of the reasons for such suspension
8and a notice of their right to a review. The school board must
9be given a summary of the notice, including the reason for the
10suspension and the suspension length. Upon request of the
11parents or guardian the school board or a hearing officer
12appointed by it shall review such action of the superintendent
13or principal, assistant principal, or dean of students. At such
14review the parents or guardian of the pupil may appear and
15discuss the suspension with the board or its hearing officer.
16If a hearing officer is appointed by the board he shall report
17to the board a written summary of the evidence heard at the
18meeting. After its hearing or upon receipt of the written
19report of its hearing officer, the board may take such action
20as it finds appropriate. If a student is suspended pursuant to
21this subsection (b), the authorized administrator or board
22shall, in the written suspension order, detail the specific
23reasons why removing the pupil from the learning environment is
24in the best interest of the school. The suspension order shall
25also include rationale as to the specific duration of the
26suspension. A pupil who is suspended in excess of 20 school

 

 

09800SB3004sam001- 6 -LRB098 17233 NHT 57381 a

1days may be immediately transferred to an alternative program
2in the manner provided in Article 13A or 13B of this Code. A
3pupil must not be denied transfer because of the suspension,
4except in cases in which such transfer is deemed to cause a
5threat to the safety of students or staff in the alternative
6program.
7    (b-5) Among the many possible disciplinary interventions
8and consequences available to school officials, school
9exclusions, such as out-of-school suspensions and expulsions,
10are the most serious. School officials shall limit the number
11and duration of expulsions and suspensions to the greatest
12extent practicable and are recommended to use them only for
13legitimate educational purposes and not as punishment.
14    (b-10) Unless otherwise required by federal law or this
15Code, school boards may not institute zero-tolerance policies
16by which school administrators are required to suspend or expel
17students for particular behaviors, regardless of the gravity of
18behavior, mitigating circumstances, or the situational
19context.
20    (b-15) Out-of-school suspensions of 3 days or less may only
21be used if the student's continuing presence in school would
22pose a threat to school safety or a disruption to other
23students' learning opportunities. For purposes of this
24subsection (b-15), "threat to school safety or a disruption to
25other students' learning opportunities" shall be determined on
26a case-by-case basis by the school board or its designee.

 

 

09800SB3004sam001- 7 -LRB098 17233 NHT 57381 a

1School officials shall make all reasonable efforts to resolve
2such threats and minimize the length of suspensions to the
3greatest extent practicable.
4    (b-20) Unless otherwise required by this Code,
5out-of-school suspensions of longer than 3 days may only be
6used if the student has committed an act of gross disobedience
7or misconduct, the student's continuing presence in school
8would pose an ongoing threat to the physical safety of other
9students or staff, and other appropriate behavioral and
10disciplinary interventions have been exhausted. For purposes
11of this subsection (b-20), "ongoing threat to the physical
12safety of other students or staff" shall be determined on a
13case-by-case basis by the school board or its designee. School
14officials shall make all reasonable efforts to resolve such
15threats and minimize the length of student exclusions to the
16greatest extent practicable. For purposes of this subsection
17(b-20), the determination of whether "appropriate behavioral
18and disciplinary interventions have been exhausted" shall be
19made by the school board or its designee. Within the suspension
20order described in subsection (b) of this Section, it shall be
21documented whether other interventions were attempted or
22whether it was determined that there were no other appropriate
23interventions.
24    (b-25) Unless otherwise required by this Code, expulsions
25and disciplinary removals to alternative schools may only be
26used if the student has committed an act of gross disobedience

 

 

09800SB3004sam001- 8 -LRB098 17233 NHT 57381 a

1or misconduct; the act involved the distribution of illegal
2drugs or controlled substances to other students, weapons, or
3other destructive devices, sexual assault, or the use of
4physical violence against another student or staff member that
5resulted in physical injury to that person, or knowingly
6putting another student or staff member at risk of serious
7bodily injury or death; the student's continuing presence in
8school would pose an ongoing threat to the physical safety of
9other students or staff; and other appropriate behavioral and
10disciplinary interventions have been exhausted. For purposes
11of this subsection (b-25), "ongoing threat to the physical
12safety of other students or staff" shall be determined on a
13case-by-case basis by the school board or its designee. School
14officials shall make all reasonable efforts to resolve such
15threats and minimize the length of student exclusions to the
16greatest extent practicable. For purposes of this subsection
17(b-25), the determination of whether "appropriate behavioral
18and disciplinary interventions have been exhausted" shall be
19made by the school board or its designee. Within the expulsion
20order described in subsection (a) of this Section, it shall be
21documented whether other interventions were attempted or
22whether it was determined that there were no other appropriate
23interventions.
24    (b-30) Students who are suspended out-of-school for longer
25than 3 days, expelled, or removed to an alternative setting for
26disciplinary reasons shall be provided appropriate behavioral

 

 

09800SB3004sam001- 9 -LRB098 17233 NHT 57381 a

1support services that the school district has available. For
2purposes of this subsection (b-30), the determination of
3whether "appropriate behavioral support services" will be
4provided shall be made by the school board or its designee.
5Within the suspension order described in subsection (b) of this
6Section, it shall be documented whether such services will be
7provided or whether it was determined that there are no such
8appropriate services.
9    (b-35) Students who are suspended or expelled and have not
10been admitted to another school shall continue to be provided
11educational services to promote their successful return to
12their regular school. These services shall include, at a
13minimum, that each suspended or expelled student be provided a
14full opportunity to earn equivalent academic credit during the
15suspension or expulsion period. Suspended or expelled students
16not placed in an alternative education program shall receive
17daily classwork and assignments from each teacher and shall be
18allowed to make up assignments and earn equivalent credits, and
19their work shall be reviewed and graded, without penalty, by
20their teachers on a weekly basis and returned to them. The
21suspended or expelled student's school shall designate a school
22staff person to serve as the liaison between the student and
23all relevant teachers and ensure that these requirements are
24met.
25    (c) The Department of Human Services shall be invited to
26send a representative to consult with the board at such meeting

 

 

09800SB3004sam001- 10 -LRB098 17233 NHT 57381 a

1whenever there is evidence that mental illness may be the cause
2for expulsion or suspension.
3    (c-5) School districts shall make all reasonable efforts to
4provide professional development to teachers, administrators,
5school board members, school resource officers, and staff on
6the adverse consequences of school exclusion and
7justice-system involvement, effective classroom management
8strategies, culturally responsive discipline, and
9developmentally appropriate disciplinary methods that promote
10positive and healthy school climates.
11    (d) The board may expel a student for a definite period of
12time not to exceed 2 calendar years, as determined on a case by
13case basis. A student who is determined to have brought one of
14the following objects to school, any school-sponsored activity
15or event, or any activity or event that bears a reasonable
16relationship to school shall be expelled for a period of not
17less 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.

 

 

09800SB3004sam001- 11 -LRB098 17233 NHT 57381 a

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.
9Expulsion or suspension shall be construed in a manner
10consistent with the Federal Individuals with Disabilities
11Education Act. A student who is subject to suspension or
12expulsion as provided in this Section may be eligible for a
13transfer to an alternative school program in accordance with
14Article 13A of the School Code. The provisions of this
15subsection (d) apply in all school districts, including special
16charter districts and districts organized under Article 34.
17    (d-5) The board may suspend or by regulation authorize the
18superintendent of the district or the principal, assistant
19principal, or dean of students of any school to suspend a
20student for a period not to exceed 10 school days or may expel
21a student for a definite period of time not to exceed 2
22calendar years, as determined on a case by case basis, if (i)
23that student has been determined to have made an explicit
24threat on an Internet website against a school employee, a
25student, or any school-related personnel, (ii) the Internet
26website through which the threat was made is a site that was

 

 

09800SB3004sam001- 12 -LRB098 17233 NHT 57381 a

1accessible within the school at the time the threat was made or
2was available to third parties who worked or studied within the
3school grounds at the time the threat was made, and (iii) the
4threat could be reasonably interpreted as threatening to the
5safety and security of the threatened individual because of his
6or her duties or employment status or status as a student
7inside the school. The provisions of this subsection (d-5)
8apply in all school districts, including special charter
9districts and districts organized under Article 34 of this
10Code.
11    (e) To maintain order and security in the schools, school
12authorities may inspect and search places and areas such as
13lockers, desks, parking lots, and other school property and
14equipment owned or controlled by the school, as well as
15personal effects left in those places and areas by students,
16without notice to or the consent of the student, and without a
17search warrant. As a matter of public policy, the General
18Assembly finds that students have no reasonable expectation of
19privacy in these places and areas or in their personal effects
20left in these places and areas. School authorities may request
21the assistance of law enforcement officials for the purpose of
22conducting inspections and searches of lockers, desks, parking
23lots, and other school property and equipment owned or
24controlled by the school for illegal drugs, weapons, or other
25illegal or dangerous substances or materials, including
26searches conducted through the use of specially trained dogs.

 

 

09800SB3004sam001- 13 -LRB098 17233 NHT 57381 a

1If a search conducted in accordance with this Section produces
2evidence that the student has violated or is violating either
3the law, local ordinance, or the school's policies or rules,
4such evidence may be seized by school authorities, and
5disciplinary action may be taken. School authorities may also
6turn over such evidence to law enforcement authorities. The
7provisions of this subsection (e) apply in all school
8districts, including special charter districts and districts
9organized under Article 34.
10    (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13    (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A of
18this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program. This subsection (g)
22applies to all school districts, including special charter
23districts and districts organized under Article 34 of this
24Code.
25    (h) A student may not be arrested or otherwise cited for a
26criminal offense committed during school hours while on school

 

 

09800SB3004sam001- 14 -LRB098 17233 NHT 57381 a

1grounds, in school vehicles, or at school activities or
2school-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
17physical safety of other students or staff" shall be determined
18on a case-by-case basis by the school board or its designee.
19    (i) While the option to use justice-system interventions is
20available under these conditions, the General Assembly
21recommends that they should be used only as a last resort when
22there are no other options for safely and appropriately
23handling the situation. School employees and officials retain
24their authority and discretion under existing law to address
25such situations through the existing school discipline
26structure as modified by this amendatory Act of the 98th

 

 

09800SB3004sam001- 15 -LRB098 17233 NHT 57381 a

1General Assembly.
2    (j) All incidents resulting in an out-of-school suspension
3longer than 3 days, expulsion, removal to an alternative
4setting, school-based arrest, or school-based criminal
5citation shall be documented in a written report that includes
6a detailed description of the behavior at issue and an
7explanation of why the actions taken were necessary. These
8individual reports shall be immediately provided to the parent
9or guardian of the student and shall be compiled by each school
10district into an annual summary report that is available for
11public review. The annual report shall not include any
12information that would violate either requirements of the
13Illinois School Student Records Act or federal law or allow for
14an individual student to be identified.
15    (k) School officials shall not advise or encourage students
16to disenroll from school voluntarily due to behavioral or
17academic difficulties.
18    (l) A student may not be issued a monetary fine or fee as a
19disciplinary consequence.
20    (m) Subsections (a) through (l) of this Section shall apply
21to each elementary and secondary school, charter school,
22special charter district, and alternative school organized
23under Article 13A of this Code and school districts organized
24under Article 34 of this Code.
25(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
2697-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;

 

 

09800SB3004sam001- 16 -LRB098 17233 NHT 57381 a

197-1150, eff. 1-25-13.)
 
2    (105 ILCS 5/13A-11)
3    Sec. 13A-11. Chicago public schools.
4    (a) The Chicago Board of Education may establish
5alternative schools within Chicago and may contract with third
6parties for services otherwise performed by employees,
7including those in a bargaining unit, in accordance with
8Sections 34-8.1, 34-18, and 34-49.
9    (b) Alternative schools operated by third parties within
10Chicago shall be exempt from all provisions of this the School
11Code, except provisions concerning:
12        (1) student Student civil rights;
13        (2) staff Staff civil rights;
14        (3) health Health and safety;
15        (4) performance Performance and financial audits;
16        (5) the The Illinois Goals Assessment Program;
17        (6) Chicago learning outcomes;
18        (7) Sections 2-3.25a through 2-3.25j of this the School
19    Code;
20        (8) the The Inspector General; and
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.
24(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
 

 

 

09800SB3004sam001- 17 -LRB098 17233 NHT 57381 a

1    (105 ILCS 5/27A-5)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status. Beginning
11on the effective date of this amendatory Act of the 93rd
12General Assembly, in all new applications submitted to the
13State Board or a local school board to establish a charter
14school in a city having a population exceeding 500,000,
15operation of the charter school shall be limited to one campus.
16The changes made to this Section by this amendatory Act of the
1793rd General Assembly do not apply to charter schools existing
18or approved on or before the effective date of this amendatory
19Act.
20    (b-5) In this subsection (b-5), "virtual-schooling" means
21the teaching of courses through online methods with online
22instructors, rather than the instructor and student being at
23the same physical location. "Virtual-schooling" includes
24without limitation instruction provided by full-time, online
25virtual schools.
26    From April 1, 2013 through April 1, 2014, there is a

 

 

09800SB3004sam001- 18 -LRB098 17233 NHT 57381 a

1moratorium on the establishment of charter schools with
2virtual-schooling components in school districts other than a
3school district organized under Article 34 of this Code. This
4moratorium does not apply to a charter school with
5virtual-schooling components existing or approved prior to
6April 1, 2013 or to the renewal of the charter of a charter
7school with virtual-schooling components already approved
8prior to April 1, 2013.
9    On or before March 1, 2014, the Commission shall submit to
10the General Assembly a report on the effect of
11virtual-schooling, including without limitation the effect on
12student performance, the costs associated with
13virtual-schooling, and issues with oversight. The report shall
14include policy recommendations for virtual-schooling.
15    (c) A charter school shall be administered and governed by
16its board of directors or other governing body in the manner
17provided in its charter. The governing body of a charter school
18shall be subject to the Freedom of Information Act and the Open
19Meetings Act.
20    (d) A charter school shall comply with all applicable
21health and safety requirements applicable to public schools
22under the laws of the State of Illinois.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

09800SB3004sam001- 19 -LRB098 17233 NHT 57381 a

1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. Annually, by December 1, every charter school must
7submit to the State Board a copy of its audit and a copy of the
8Form 990 the charter school filed that year with the federal
9Internal Revenue Service.
10    (g) A charter school shall comply with all provisions of
11this Article, the Illinois Educational Labor Relations Act, and
12its charter. A charter school is exempt from all other State
13laws and regulations in this the School Code governing public
14schools 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;

 

 

09800SB3004sam001- 20 -LRB098 17233 NHT 57381 a

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)
8is declaratory of existing law.
9    (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required to
18perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after the
20effective date of this amendatory Act of the 93rd General
21Assembly and that operates in a city having a population
22exceeding 500,000 may not contract with a for-profit entity to
23manage or operate the school during the period that commences
24on the effective date of this amendatory Act of the 93rd
25General Assembly and concludes at the end of the 2004-2005
26school year. Except as provided in subsection (i) of this

 

 

09800SB3004sam001- 21 -LRB098 17233 NHT 57381 a

1Section, a school district may charge a charter school
2reasonable rent for the use of the district's buildings,
3grounds, and facilities. Any services for which a charter
4school contracts with a school district shall be provided by
5the district at cost. Any services for which a charter school
6contracts with a local school board or with the governing body
7of a State college or university or public community college
8shall be provided by the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be subject
16to negotiation between the charter school and the local school
17board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age or
19grade level.
20    (k) If the charter school is approved by the Commission,
21then the Commission charter school is its own local education
22agency.
23(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
2497-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
25    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)

 

 

09800SB3004sam001- 22 -LRB098 17233 NHT 57381 a

1    Sec. 34-19. By-laws, rules and regulations; business
2transacted at regular meetings; voting; records. The board
3shall, subject to the limitations in this Article, establish
4by-laws, rules and regulations, which shall have the force of
5ordinances, for the proper maintenance of a uniform system of
6discipline for both employees and pupils, and for the entire
7management of the schools, and may fix the school age of
8pupils, the minimum of which in kindergartens shall not be
9under 4 years, except that, based upon an assessment of the
10child's readiness, children who have attended a non-public
11preschool and continued their education at that school through
12kindergarten, were taught in kindergarten by an appropriately
13certified teacher, and will attain the age of 6 years on or
14before December 31 of the year of the 2009-2010 school term and
15each school term thereafter may attend first grade upon
16commencement of such term, and in grade schools shall not be
17under 6 years. It may expel, suspend or, subject to the
18limitations of all policies established or adopted under
19Sections 10-22.6 and Section 14-8.05, otherwise discipline any
20pupil found guilty of violating gross disobedience, misconduct
21or other violation of the by-laws, rules, and regulations,
22including gross disobedience or misconduct perpetuated by
23electronic means. An expelled pupil may be immediately
24transferred to an alternative program in the manner provided in
25Article 13A or 13B of this Code. A pupil must not be denied
26transfer because of the expulsion, except in cases in which

 

 

09800SB3004sam001- 23 -LRB098 17233 NHT 57381 a

1such transfer is deemed to cause a threat to the safety of
2students or staff in the alternative program. A pupil who is
3suspended in excess of 20 school days may be immediately
4transferred to an alternative program in the manner provided in
5Article 13A or 13B of this Code. A pupil must not be denied
6transfer because of the suspension, except in cases in which
7such transfer is deemed to cause a threat to the safety of
8students or staff in the alternative program. The bylaws, rules
9and regulations of the board shall be enacted, money shall be
10appropriated or expended, salaries shall be fixed or changed,
11and textbooks, electronic textbooks, and courses of
12instruction shall be adopted or changed only at the regular
13meetings of the board and by a vote of a majority of the full
14membership of the board; provided that notwithstanding any
15other provision of this Article or the School Code, neither the
16board or any local school council may purchase any textbook for
17use in any public school of the district from any textbook
18publisher that fails to furnish any computer diskettes as
19required under Section 28-21. Funds appropriated for textbook
20purchases must be available for electronic textbook purchases
21and the technological equipment necessary to gain access to and
22use electronic textbooks at the local school council's
23discretion. The board shall be further encouraged to provide
24opportunities for public hearing and testimony before the
25adoption of bylaws, rules and regulations. Upon all
26propositions requiring for their adoption at least a majority

 

 

09800SB3004sam001- 24 -LRB098 17233 NHT 57381 a

1of all the members of the board the yeas and nays shall be
2taken and reported. The by-laws, rules and regulations of the
3board shall not be repealed, amended or added to, except by a
4vote of 2/3 of the full membership of the board. The board
5shall keep a record of all its proceedings. Such records and
6all by-laws, rules and regulations, or parts thereof, may be
7proved by a copy thereof certified to be such by the secretary
8of the board, but if they are printed in book or pamphlet form
9which are purported to be published by authority of the board
10they need not be otherwise published and the book or pamphlet
11shall be received as evidence, without further proof, of the
12records, by-laws, rules and regulations, or any part thereof,
13as of the dates thereof as shown in such book or pamphlet, in
14all courts and places where judicial proceedings are had.
15    Notwithstanding any other provision in this Article or in
16the School Code, the board may delegate to the general
17superintendent or to the attorney the authorities granted to
18the board in the School Code, provided such delegation and
19appropriate oversight procedures are made pursuant to board
20by-laws, rules and regulations, adopted as herein provided,
21except that the board may not delegate its authorities and
22responsibilities regarding (1) budget approval obligations;
23(2) rule-making functions; (3) desegregation obligations; (4)
24real estate acquisition, sale or lease in excess of 10 years as
25provided in Section 34-21; (5) the levy of taxes; or (6) any
26mandates imposed upon the board by "An Act in relation to

 

 

09800SB3004sam001- 25 -LRB098 17233 NHT 57381 a

1school reform in cities over 500,000, amending Acts herein
2named", approved December 12, 1988 (P.A. 85-1418).
3(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
497-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
57-13-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".