Full Text of SB0100 99th General Assembly
SB0100enr 99TH GENERAL ASSEMBLY |
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| 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 Sections | 5 | | 10-20.14, 10-22.6, 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 | 8 | | advisory
committee.
| 9 | | (a) To establish and maintain
a parent-teacher advisory | 10 | | committee to develop with the school board or governing body of | 11 | | a charter school
policy guidelines on pupil discipline, | 12 | | including school searches and bullying prevention as set forth | 13 | | in Section 27-23.7 of this Code. School authorities shall , to
| 14 | | furnish a copy of the
policy to the parents or guardian of each | 15 | | pupil within 15 days after
the beginning of the school year, or | 16 | | within 15 days after starting classes
for a pupil who transfers | 17 | | into the district during the school year, and the school board | 18 | | or governing body of a charter school shall to
require that a | 19 | | each school inform informs its pupils of the contents of the | 20 | | its policy.
School boards and the governing bodies of charter | 21 | | schools , along with the parent-teacher advisory committee, | 22 | | must are
encouraged to annually review their pupil discipline | 23 | | policies, the
implementation of those policies, and any other |
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| 1 | | factors related to the safety
of their
schools, pupils, and | 2 | | staff.
| 3 | | (a-5) On or before September 15, 2016, each elementary and | 4 | | secondary school and charter school shall, at a minimum, adopt | 5 | | pupil discipline policies that fulfill the requirements set | 6 | | forth in this Section, subsections (a) and (b) of Section | 7 | | 10-22.6 of this Code, Section 34-19 of this Code if applicable, | 8 | | and federal and State laws that provide special requirements | 9 | | for the discipline of students with disabilities. | 10 | | (b) The parent-teacher advisory
committee in cooperation | 11 | | with local law enforcement agencies shall develop,
with the | 12 | | school board, policy guideline procedures to
establish
and | 13 | | maintain a reciprocal reporting system between the school | 14 | | district and
local law enforcement agencies regarding criminal | 15 | | offenses committed by
students. School districts are | 16 | | encouraged to create memoranda of understanding with local law | 17 | | enforcement agencies that clearly define law enforcement's | 18 | | role in schools, in accordance with Section 10-22.6 of this | 19 | | Code.
| 20 | | (c) The parent-teacher advisory committee, in cooperation | 21 | | with school bus
personnel, shall develop, with the school | 22 | | board, policy guideline procedures to
establish and maintain | 23 | | school bus safety procedures. These procedures shall be
| 24 | | incorporated into the district's pupil discipline policy.
| 25 | | (d) The school board, in consultation with the | 26 | | parent-teacher
advisory committee and other community-based |
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| 1 | | organizations, must include
provisions in the student | 2 | | discipline
policy to address students who have demonstrated | 3 | | behaviors that put them at
risk for aggressive behavior, | 4 | | including without limitation bullying, as
defined in the | 5 | | policy. These provisions must include
procedures for notifying | 6 | | parents or legal guardians and
early intervention procedures
| 7 | | based upon available community-based and district resources.
| 8 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
| 9 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 10 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 11 | | searches.
| 12 | | (a) To expel pupils guilty of gross disobedience or | 13 | | misconduct, including gross disobedience or misconduct | 14 | | perpetuated by electronic means , pursuant to subsection (b-20) | 15 | | of this Section , and
no action shall lie against them for such | 16 | | expulsion. Expulsion shall
take place only after the parents | 17 | | have been requested to appear at a
meeting of the board, or | 18 | | with a hearing officer appointed by it, to
discuss their | 19 | | child's behavior. Such request shall be made by registered
or | 20 | | certified mail and shall state the time, place and purpose of | 21 | | the
meeting. The board, or a hearing officer appointed by it, | 22 | | at such
meeting shall state the reasons for dismissal and the | 23 | | date on which the
expulsion is to become effective. If a | 24 | | hearing officer is appointed by
the board he shall report to | 25 | | the board a written summary of the evidence
heard at the |
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| 1 | | meeting and the board may take such action thereon as it
finds | 2 | | appropriate. If the board acts to expel a pupil, the written | 3 | | expulsion decision shall detail the specific reasons why | 4 | | removing the pupil from the learning environment is in the best | 5 | | interest of the school. The expulsion decision shall also | 6 | | include a rationale as to the specific duration of the | 7 | | expulsion. An expelled pupil may be immediately transferred to | 8 | | an alternative program in the manner provided in Article 13A or | 9 | | 13B of this Code. A pupil must not be denied transfer because | 10 | | of the expulsion, except in cases in which such transfer is | 11 | | deemed to cause a threat to the safety of students or staff in | 12 | | the alternative program.
| 13 | | (b) To suspend or by policy to authorize the superintendent | 14 | | of
the district or the principal, assistant principal, or dean | 15 | | of students
of any school to suspend pupils guilty of gross | 16 | | disobedience or misconduct, or
to suspend pupils guilty of | 17 | | gross disobedience or misconduct on the school bus
from riding | 18 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 19 | | this Section, and no action
shall lie against them for such | 20 | | suspension. The board may by policy
authorize the | 21 | | superintendent of the district or the principal, assistant
| 22 | | principal, or dean of students of any
school to suspend pupils | 23 | | guilty of such acts for a period not to exceed
10 school days. | 24 | | If a pupil is suspended due to gross disobedience or misconduct
| 25 | | on a school bus, the board may suspend the pupil in excess of | 26 | | 10
school
days for safety reasons. |
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| 1 | | Any suspension shall be reported immediately to the
| 2 | | parents or guardian of a such pupil along with a full statement | 3 | | of the
reasons for such suspension and a notice of their right | 4 | | to a review. The school board must be given a summary of the | 5 | | notice, including the reason for the suspension and the | 6 | | suspension length. Upon request of the
parents or guardian the | 7 | | school board or a hearing officer appointed by
it shall review | 8 | | such action of the superintendent or principal, assistant
| 9 | | principal, or dean of students. At such
review the parents or | 10 | | guardian of the pupil may appear and discuss the
suspension | 11 | | with the board or its hearing officer. If a hearing officer
is | 12 | | appointed by the board he shall report to the board a written | 13 | | summary
of the evidence heard at the meeting. After its hearing | 14 | | or upon receipt
of the written report of its hearing officer, | 15 | | the board may take such
action as it finds appropriate. If a | 16 | | student is suspended pursuant to this subsection (b), the board | 17 | | shall, in the written suspension decision, detail the specific | 18 | | act of gross disobedience or misconduct resulting in the | 19 | | decision to suspend. The suspension decision shall also include | 20 | | a rationale as to the specific duration of the suspension. A | 21 | | pupil who is suspended in excess of 20 school days may be | 22 | | immediately transferred to an alternative program in the manner | 23 | | provided in Article 13A or 13B of this Code. A pupil must not | 24 | | be denied transfer because of the suspension, except in cases | 25 | | in which such transfer is deemed to cause a threat to the | 26 | | safety of students or staff in the alternative program.
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| 1 | | (b-5) Among the many possible disciplinary interventions | 2 | | and consequences available to school officials, school | 3 | | exclusions, such as out-of-school suspensions and expulsions, | 4 | | are the most serious. School officials shall limit the number | 5 | | and duration of expulsions and suspensions to the greatest | 6 | | extent practicable, and it is recommended that they use them | 7 | | only for legitimate educational purposes. To ensure that | 8 | | students are not excluded from school unnecessarily, it is | 9 | | recommended that school officials consider forms of | 10 | | non-exclusionary discipline prior to using out-of-school | 11 | | suspensions or expulsions. | 12 | | (b-10) Unless otherwise required by federal law or this | 13 | | Code, school boards may not institute zero-tolerance policies | 14 | | by which school administrators are required to suspend or expel | 15 | | students for particular behaviors. | 16 | | (b-15) Out-of-school suspensions of 3 days or less may be | 17 | | used only if the student's continuing presence in school would | 18 | | pose a threat to school safety or a disruption to other | 19 | | students' learning opportunities. For purposes of this | 20 | | subsection (b-15), "threat to school safety or a disruption to | 21 | | other students' learning opportunities" shall be determined on | 22 | | a case-by-case basis by the school board or its designee. | 23 | | School officials shall make all reasonable efforts to resolve | 24 | | such threats, address such disruptions, and minimize the length | 25 | | of suspensions to the greatest extent practicable. | 26 | | (b-20) Unless otherwise required by this Code, |
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| 1 | | out-of-school suspensions of longer than 3 days, expulsions, | 2 | | and disciplinary removals to alternative schools may be used | 3 | | only if other appropriate and available behavioral and | 4 | | disciplinary interventions have been exhausted and the | 5 | | student's continuing presence in school would either (i) pose a
| 6 | | threat to the safety of other students, staff, or members of
| 7 | | the school community or (ii) substantially disrupt, impede, or
| 8 | | interfere with the operation of the school. For purposes of | 9 | | this subsection (b-20), "threat to the safety of other | 10 | | students, staff, or members of the school community" and | 11 | | "substantially disrupt, impede, or interfere with the | 12 | | operation of the school" shall be determined on a case-by-case | 13 | | basis by school officials. For purposes of this subsection | 14 | | (b-20), the determination of whether "appropriate and | 15 | | available behavioral and disciplinary interventions have been | 16 | | exhausted" shall be made by school officials. School officials | 17 | | shall make all reasonable efforts to resolve such threats, | 18 | | address such disruptions, and minimize the length of student | 19 | | exclusions to the greatest extent practicable. Within the | 20 | | suspension decision described in subsection (b) of this Section | 21 | | or the expulsion decision described in subsection (a) of this | 22 | | Section, it shall be documented whether other interventions | 23 | | were attempted or whether it was determined that there were no | 24 | | other appropriate and available interventions. | 25 | | (b-25) Students who are suspended out-of-school for longer | 26 | | than 4 school days shall be provided appropriate and available |
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| 1 | | support services during the period of their suspension. For | 2 | | purposes of this subsection (b-25), "appropriate and available | 3 | | support services" shall be determined by school authorities. | 4 | | Within the suspension decision described in subsection (b) of | 5 | | this Section, it shall be documented whether such services are | 6 | | to be provided or whether it was determined that there are no | 7 | | such appropriate and available services. | 8 | | A school district may refer students who are expelled to | 9 | | appropriate and available support services. | 10 | | A school district shall create a policy to facilitate the | 11 | | re-engagement of students who are suspended out-of-school, | 12 | | expelled, or returning from an alternative school setting. | 13 | | (b-30) A school district shall create a policy by which | 14 | | suspended pupils, including those pupils suspended from the | 15 | | school bus who do not have alternate transportation to school, | 16 | | shall have the opportunity to make up work for equivalent | 17 | | academic credit. It shall be the responsibility of a pupil's | 18 | | parent or guardian to notify school officials that a pupil | 19 | | suspended from the school bus does not have alternate | 20 | | transportation to school. | 21 | | (c) The Department of Human Services
shall be invited to | 22 | | send a representative to consult with the board at
such meeting | 23 | | whenever there is evidence that mental illness may be the
cause | 24 | | for expulsion or suspension.
| 25 | | (c-5) School districts shall make reasonable efforts to | 26 | | provide ongoing professional development to teachers, |
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| 1 | | administrators, school board members, school resource | 2 | | officers, and staff on the adverse consequences of school | 3 | | exclusion and justice-system involvement, effective classroom | 4 | | management strategies, culturally responsive discipline, and | 5 | | developmentally appropriate disciplinary methods that promote | 6 | | positive and healthy school climates. | 7 | | (d) The board may expel a student for a definite period of | 8 | | time not to
exceed 2 calendar years, as determined on a case by | 9 | | case basis.
A student who
is determined to have brought one of | 10 | | the following objects to school, any school-sponsored activity
| 11 | | or event, or any activity or event that bears a reasonable | 12 | | relationship to school shall be expelled for a period of not | 13 | | less than
one year: | 14 | | (1) A firearm. For the purposes of this Section, | 15 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 16 | | by Section 921 of Title 18 of the United States Code, | 17 | | firearm as defined in Section 1.1 of the Firearm Owners | 18 | | Identification Card Act, or firearm as defined in Section | 19 | | 24-1 of the Criminal Code of 2012. The expulsion period | 20 | | under this subdivision (1) may be modified by the | 21 | | superintendent, and the superintendent's determination may | 22 | | be modified by the board on a case-by-case basis. | 23 | | (2) A knife, brass knuckles or other knuckle weapon | 24 | | regardless of its composition, a billy club, or any other | 25 | | object if used or attempted to be used to cause bodily | 26 | | harm, including "look alikes" of any firearm as defined in |
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| 1 | | subdivision (1) of this subsection (d). The expulsion | 2 | | requirement under this subdivision (2) may be modified by | 3 | | the superintendent, and the superintendent's determination | 4 | | may be modified by the board on a case-by-case basis. | 5 | | Expulsion
or suspension
shall be construed in a
manner | 6 | | consistent with the Federal Individuals with Disabilities | 7 | | Education
Act. A student who is subject to suspension or | 8 | | expulsion as provided in this
Section may be eligible for a | 9 | | transfer to an alternative school program in
accordance with | 10 | | Article 13A of the School Code. The provisions of this
| 11 | | subsection (d) apply in all school districts,
including special | 12 | | charter districts and districts organized under Article 34.
| 13 | | (d-5) The board may suspend or by regulation
authorize the | 14 | | superintendent of the district or the principal, assistant
| 15 | | principal, or dean of students of any
school to suspend a | 16 | | student for a period not to exceed
10 school days or may expel | 17 | | a student for a definite period of time not to
exceed 2 | 18 | | calendar years, as determined on a case by case basis, if (i) | 19 | | that student has been determined to have made an explicit | 20 | | threat on an Internet website against a school employee, a | 21 | | student, or any school-related personnel, (ii) the Internet | 22 | | website through which the threat was made is a site that was | 23 | | accessible within the school at the time the threat was made or | 24 | | was available to third parties who worked or studied within the | 25 | | school grounds at the time the threat was made, and (iii) the | 26 | | threat could be reasonably interpreted as threatening to the |
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| 1 | | safety and security of the threatened individual because of his | 2 | | or her duties or employment status or status as a student | 3 | | inside the school. The provisions of this
subsection (d-5) | 4 | | apply in all school districts,
including special charter | 5 | | districts and districts organized under Article 34 of this | 6 | | Code.
| 7 | | (e) To maintain order and security in the schools, school | 8 | | authorities may
inspect and search places and areas such as | 9 | | lockers, desks, parking lots, and
other school property and | 10 | | equipment owned or controlled by the school, as well
as | 11 | | personal effects left in those places and areas by students, | 12 | | without notice
to or the consent of the student, and without a | 13 | | search warrant. As a matter of
public policy, the General | 14 | | Assembly finds that students have no reasonable
expectation of | 15 | | privacy in these places and areas or in their personal effects
| 16 | | left in these places and areas. School authorities may request | 17 | | the assistance
of law enforcement officials for the purpose of | 18 | | conducting inspections and
searches of lockers, desks, parking | 19 | | lots, and other school property and
equipment owned or | 20 | | controlled by the school for illegal drugs, weapons, or
other
| 21 | | illegal or dangerous substances or materials, including | 22 | | searches conducted
through the use of specially trained dogs. | 23 | | If a search conducted in accordance
with this Section produces | 24 | | evidence that the student has violated or is
violating either | 25 | | the law, local ordinance, or the school's policies or rules,
| 26 | | such evidence may be seized by school authorities, and |
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| 1 | | disciplinary action may
be taken. School authorities may also | 2 | | turn over such evidence to law
enforcement authorities. The | 3 | | provisions of this subsection (e) apply in all
school | 4 | | districts, including special charter districts and districts | 5 | | organized
under Article 34.
| 6 | | (f) Suspension or expulsion may include suspension or | 7 | | expulsion from
school and all school activities and a | 8 | | prohibition from being present on school
grounds.
| 9 | | (g) A school district may adopt a policy providing that if | 10 | | a student
is suspended or expelled for any reason from any | 11 | | public or private school
in this or any other state, the | 12 | | student must complete the entire term of
the suspension or | 13 | | expulsion in an alternative school program under Article 13A of | 14 | | this Code or an alternative learning opportunities program | 15 | | under Article 13B of this Code before being admitted into the | 16 | | school
district if there is no threat to the safety of students | 17 | | or staff in the alternative program. This subsection (g) | 18 | | applies to
all school districts, including special charter | 19 | | districts and districts
organized under Article 34 of this | 20 | | Code.
| 21 | | (h) School officials shall not advise or encourage students | 22 | | to drop out voluntarily due to behavioral or academic | 23 | | difficulties. | 24 | | (i) A student may not be issued a monetary fine or fee as a | 25 | | disciplinary consequence, though this shall not preclude | 26 | | requiring a student to provide restitution for lost, stolen, or |
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| 1 | | damaged property. | 2 | | (j) Subsections (a) through (i) of this Section shall apply | 3 | | to elementary and secondary schools, charter schools, special | 4 | | charter districts, and school districts organized under | 5 | | Article 34 of this Code. | 6 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 7 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 8 | | 97-1150, eff. 1-25-13.)
| 9 | | (105 ILCS 5/27A-5)
| 10 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 11 | | (a) A charter school shall be a public, nonsectarian, | 12 | | nonreligious, non-home
based, and non-profit school. A charter | 13 | | school shall be organized and operated
as a nonprofit | 14 | | corporation or other discrete, legal, nonprofit entity
| 15 | | authorized under the laws of the State of Illinois.
| 16 | | (b) A charter school may be established under this Article | 17 | | by creating a new
school or by converting an existing public | 18 | | school or attendance center to
charter
school status.
Beginning | 19 | | on the effective date of this amendatory Act of the 93rd | 20 | | General
Assembly, in all new
applications to establish
a | 21 | | charter
school in a city having a population exceeding 500,000, | 22 | | operation of the
charter
school shall be limited to one campus. | 23 | | The changes made to this Section by this
amendatory Act
of the | 24 | | 93rd General
Assembly do not apply to charter schools existing | 25 | | or approved on or before the
effective date of this
amendatory |
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| 1 | | Act. | 2 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 3 | | a cyber school where students engage in online curriculum and | 4 | | instruction via the Internet and electronic communication with | 5 | | their teachers at remote locations and with students | 6 | | participating at different times. | 7 | | From April 1, 2013 through December 31, 2016, there is a | 8 | | moratorium on the establishment of charter schools with | 9 | | virtual-schooling components in school districts other than a | 10 | | school district organized under Article 34 of this Code. This | 11 | | moratorium does not apply to a charter school with | 12 | | virtual-schooling components existing or approved prior to | 13 | | April 1, 2013 or to the renewal of the charter of a charter | 14 | | school with virtual-schooling components already approved | 15 | | prior to April 1, 2013. | 16 | | On or before March 1, 2014, the Commission shall submit to | 17 | | the General Assembly a report on the effect of | 18 | | virtual-schooling, including without limitation the effect on | 19 | | student performance, the costs associated with | 20 | | virtual-schooling, and issues with oversight. The report shall | 21 | | include policy recommendations for virtual-schooling.
| 22 | | (c) A charter school shall be administered and governed by | 23 | | its board of
directors or other governing body
in the manner | 24 | | provided in its charter. The governing body of a charter school
| 25 | | shall be subject to the Freedom of Information Act and the Open | 26 | | Meetings Act.
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| 1 | | (d) A charter school shall comply with all applicable | 2 | | health and safety
requirements applicable to public schools | 3 | | under the laws of the State of
Illinois.
| 4 | | (e) Except as otherwise provided in the School Code, a | 5 | | charter school shall
not charge tuition; provided that a | 6 | | charter school may charge reasonable fees
for textbooks, | 7 | | instructional materials, and student activities.
| 8 | | (f) A charter school shall be responsible for the | 9 | | management and operation
of its fiscal affairs including,
but | 10 | | not limited to, the preparation of its budget. An audit of each | 11 | | charter
school's finances shall be conducted annually by an | 12 | | outside, independent
contractor retained by the charter | 13 | | school. To ensure financial accountability for the use of | 14 | | public funds, on or before December 1 of every year of | 15 | | operation, each charter school shall submit to its authorizer | 16 | | and the State Board a copy of its audit and a copy of the Form | 17 | | 990 the charter school filed that year with the federal | 18 | | Internal Revenue Service. In addition, if deemed necessary for | 19 | | proper financial oversight of the charter school, an authorizer | 20 | | may require quarterly financial statements from each charter | 21 | | school.
| 22 | | (g) A charter school shall comply with all provisions of | 23 | | this Article; the Illinois Educational Labor Relations Act; all | 24 | | federal and State laws and rules applicable to public schools | 25 | | that pertain to special education and the instruction of | 26 | | English language learners, referred to in this Code as |
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| 1 | | "children of limited English-speaking ability"; and
its | 2 | | charter. A charter
school is exempt from all other State laws | 3 | | and regulations in this Code
governing public
schools and local | 4 | | school board policies, except the following:
| 5 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 6 | | criminal
history records checks and checks of the Statewide | 7 | | Sex Offender Database and Statewide Murderer and Violent | 8 | | Offender Against Youth Database of applicants for | 9 | | employment;
| 10 | | (2) Sections 10-20.14, 10-22.6, 24-24 , 34-19, and | 11 | | 34-84a 34-84A of this Code regarding discipline of
| 12 | | students;
| 13 | | (3) the Local Governmental and Governmental Employees | 14 | | Tort Immunity Act;
| 15 | | (4) Section 108.75 of the General Not For Profit | 16 | | Corporation Act of 1986
regarding indemnification of | 17 | | officers, directors, employees, and agents;
| 18 | | (5) the Abused and Neglected Child Reporting Act;
| 19 | | (6) the Illinois School Student Records Act;
| 20 | | (7) Section 10-17a of this Code regarding school report | 21 | | cards;
| 22 | | (8) the P-20 Longitudinal Education Data System Act; | 23 | | and | 24 | | (9) Section 27-23.7 of this Code regarding bullying | 25 | | prevention ; and . | 26 | | (10) (9) Section 2-3.162 2-3.160 of this the School |
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| 1 | | Code regarding student discipline reporting. | 2 | | The change made by Public Act 96-104 to this subsection (g) | 3 | | is declaratory of existing law. | 4 | | (h) A charter school may negotiate and contract with a | 5 | | school district, the
governing body of a State college or | 6 | | university or public community college, or
any other public or | 7 | | for-profit or nonprofit private entity for: (i) the use
of a | 8 | | school building and grounds or any other real property or | 9 | | facilities that
the charter school desires to use or convert | 10 | | for use as a charter school site,
(ii) the operation and | 11 | | maintenance thereof, and
(iii) the provision of any service, | 12 | | activity, or undertaking that the charter
school is required to | 13 | | perform in order to carry out the terms of its charter.
| 14 | | However, a charter school
that is established on
or
after the | 15 | | effective date of this amendatory Act of the 93rd General
| 16 | | Assembly and that operates
in a city having a population | 17 | | exceeding
500,000 may not contract with a for-profit entity to
| 18 | | manage or operate the school during the period that commences | 19 | | on the
effective date of this amendatory Act of the 93rd | 20 | | General Assembly and
concludes at the end of the 2004-2005 | 21 | | school year.
Except as provided in subsection (i) of this | 22 | | Section, a school district may
charge a charter school | 23 | | reasonable rent for the use of the district's
buildings, | 24 | | grounds, and facilities. Any services for which a charter | 25 | | school
contracts
with a school district shall be provided by | 26 | | the district at cost. Any services
for which a charter school |
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| 1 | | contracts with a local school board or with the
governing body | 2 | | of a State college or university or public community college
| 3 | | shall be provided by the public entity at cost.
| 4 | | (i) In no event shall a charter school that is established | 5 | | by converting an
existing school or attendance center to | 6 | | charter school status be required to
pay rent for space
that is | 7 | | deemed available, as negotiated and provided in the charter | 8 | | agreement,
in school district
facilities. However, all other | 9 | | costs for the operation and maintenance of
school district | 10 | | facilities that are used by the charter school shall be subject
| 11 | | to negotiation between
the charter school and the local school | 12 | | board and shall be set forth in the
charter.
| 13 | | (j) A charter school may limit student enrollment by age or | 14 | | grade level.
| 15 | | (k) If the charter school is approved by the Commission, | 16 | | then the Commission charter school is its own local education | 17 | | agency. | 18 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 19 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | 20 | | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | 21 | | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | 22 | | 10-14-14.)
| 23 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 24 | | Sec. 34-19. By-laws, rules and regulations; business | 25 | | transacted at
regular meetings; voting; records. The board |
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| 1 | | shall, subject to the limitations
in this Article, establish | 2 | | by-laws, rules and regulations, which shall have the
force of | 3 | | ordinances, for the proper maintenance of a uniform system of
| 4 | | discipline for both employees and pupils, and for the entire | 5 | | management of the
schools, and may fix the school age of | 6 | | pupils, the minimum of which in
kindergartens shall not be | 7 | | under 4 years, except that, based upon an assessment of the | 8 | | child's readiness, children who have attended a non-public | 9 | | preschool and continued their education at that school through | 10 | | kindergarten, were taught in kindergarten by an appropriately | 11 | | certified teacher, and will attain the age of 6 years on or | 12 | | before December 31 of the year of the 2009-2010 school term and | 13 | | each school term thereafter may attend first grade upon | 14 | | commencement of such term, and in grade schools shall not be
| 15 | | under 6 years. It may expel, suspend or, subject to the | 16 | | limitations of all
policies established or adopted under | 17 | | Section 10-22.6 or 14-8.05, otherwise discipline any
pupil | 18 | | found guilty of gross disobedience, misconduct , or other | 19 | | violation of the
by-laws, rules , and regulations, including | 20 | | gross disobedience or misconduct perpetuated by electronic | 21 | | means. An expelled pupil may be immediately transferred to an | 22 | | alternative program in the manner provided in Article 13A or | 23 | | 13B of this Code. A pupil must not be denied transfer because | 24 | | of the expulsion, except in cases in which such transfer is | 25 | | deemed to cause a threat to the safety of students or staff in | 26 | | the alternative program. A pupil who is suspended in excess of |
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| 1 | | 20 school days may be immediately transferred to an alternative | 2 | | program in the manner provided in Article 13A or 13B of this | 3 | | Code. A pupil must not be denied transfer because of the | 4 | | suspension, except in cases in which such transfer is deemed to | 5 | | cause a threat to the safety of students or staff in the | 6 | | alternative program. The bylaws, rules and regulations of the | 7 | | board
shall be enacted, money shall be appropriated or | 8 | | expended, salaries shall be
fixed or changed, and textbooks, | 9 | | electronic textbooks, and courses of instruction shall be | 10 | | adopted or
changed only at the regular meetings of the board | 11 | | and by a vote of a
majority of the full membership of the | 12 | | board; provided that
notwithstanding any other provision of | 13 | | this Article or the School Code,
neither the board or any local | 14 | | school council may purchase any textbook for use in any public | 15 | | school of the
district from any textbook publisher that fails | 16 | | to furnish any computer
diskettes as required under Section | 17 | | 28-21. Funds appropriated for textbook purchases must be | 18 | | available for electronic textbook purchases and the | 19 | | technological equipment necessary to gain access to and use | 20 | | electronic textbooks at the local school council's discretion. | 21 | | The board shall be further
encouraged to provide opportunities | 22 | | for public hearing and testimony before
the adoption of bylaws, | 23 | | rules and regulations. Upon all propositions
requiring for | 24 | | their adoption at least a majority of all the members of the
| 25 | | board the yeas and nays shall be taken and reported. The | 26 | | by-laws, rules and
regulations of the board shall not be |
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| 1 | | repealed, amended or added to, except
by a vote of 2/3 of the | 2 | | full membership of the board. The board shall keep
a record of | 3 | | all its proceedings. Such records and all
by-laws, rules and | 4 | | regulations, or parts thereof, may be proved by a copy
thereof | 5 | | certified to be such by the secretary of the board, but if they | 6 | | are
printed in book or pamphlet form which are purported to be | 7 | | published by
authority of the board they need not be otherwise | 8 | | published and the book or
pamphlet shall be received as | 9 | | evidence, without further proof, of the
records, by-laws, rules | 10 | | and regulations, or any part thereof, as of the
dates thereof | 11 | | as shown in such book or pamphlet, in all courts and places
| 12 | | where judicial proceedings are had. | 13 | | Notwithstanding any other provision in this Article or in | 14 | | the School
Code, the board may delegate to the general | 15 | | superintendent or to the
attorney the authorities granted to | 16 | | the board in the School Code, provided
such delegation and | 17 | | appropriate oversight procedures are made pursuant to
board | 18 | | by-laws, rules and regulations, adopted as herein provided, | 19 | | except that
the board may not delegate its authorities and | 20 | | responsibilities regarding (1)
budget approval obligations; | 21 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 22 | | real estate acquisition, sale or lease in excess of 10 years
as | 23 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 24 | | mandates
imposed upon the board by "An Act in relation to | 25 | | school reform in cities over
500,000, amending Acts herein | 26 | | named", approved December 12, 1988 (P.A.
85-1418). |
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| 1 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 2 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 3 | | 7-13-12.)
| 4 | | Section 99. Effective date. This Act takes effect September | 5 | | 15, 2016. |
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