Illinois General Assembly - Full Text of HB4441
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Full Text of HB4441  95th General Assembly

HB4441eng 95TH GENERAL ASSEMBLY



 


 
HB4441 Engrossed LRB095 14360 RAS 40261 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 Sections
5 10-20.12 and 34-19 as follows:
 
6     (105 ILCS 5/10-20.12)  (from Ch. 122, par. 10-20.12)
7     Sec. 10-20.12. School year - School age. To establish and
8 keep in operation in each year during a school term of at least
9 the minimum length required by Section 10-19, a sufficient
10 number of free schools for the accommodation of all persons in
11 the district who are 5 years of age or older but under 21 years
12 of age, and to secure for all such persons the right and
13 opportunity to an equal education in such schools; provided
14 that (i) children who will attain the age of 5 years on or
15 before September 1 of the year of the 1990-1991 school term and
16 each school term thereafter may attend school upon the
17 commencement of such term, (ii) children who have attended
18 preschool and will attain the age of 5 years on or before
19 December 31 of the year of the 2008-2009 school term and each
20 school term thereafter may attend school upon commencement of
21 such term, and (iii) children who have attended a
22 State-certified, private preschool and continued their
23 education at that school through kindergarten and who will

 

 

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1 attain the age of 6 years on or before December 31 of the year
2 of the 2008-2009 school term and each school term thereafter
3 may attend first grade upon commencement of such term. Based
4 upon an assessment of a child's readiness to attend school, a
5 school district may permit a child to attend school prior to
6 the dates contained in this Section. In any school district
7 operating on a full year school basis children who will attain
8 age 5 within 30 days after the commencement of a term may
9 attend school upon the commencement of such term, children who
10 have attended preschool and will attain age 5 within 4 months
11 after the commencement of a term may attend school upon the
12 commencement of such term, and children who have attended a
13 State-certified, private preschool and continued their
14 education at that school through kindergarten and will attain
15 age 6 within 4 months after the commencement of a term may
16 attend first grade upon the commencement of such term. The
17 school district may, by resolution of its board, allow for a
18 full year school plan.
19 (Source: P.A. 87-359.)
 
20     (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
21     Sec. 34-19. By-laws, rules and regulations; business
22 transacted at regular meetings; voting; records. The board
23 shall, subject to the limitations in this Article, establish
24 by-laws, rules and regulations, which shall have the force of
25 ordinances, for the proper maintenance of a uniform system of

 

 

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1 discipline for both employees and pupils, and for the entire
2 management of the schools, and may fix the school age of
3 pupils, the minimum of which in kindergartens shall not be
4 under 5 4 years, except that (i) those pupils who have attended
5 preschool and will attain the age of 5 years on or before
6 December 31 of the year of the 2008-2009 school term and each
7 school term thereafter may attend school upon commencement of
8 such term and (ii) children who have attended a
9 State-certified, private preschool and continued their
10 education at that school through kindergarten and who will
11 attain the age of 6 years on or before December 31 of the year
12 of the 2008-2009 school term and each school term thereafter
13 may attend first grade upon commencement of such term, and in
14 grade schools shall not be under 6 years. It may expel, suspend
15 or, subject to the limitations of all policies established or
16 adopted under Section 14-8.05, otherwise discipline any pupil
17 found guilty of gross disobedience, misconduct or other
18 violation of the by-laws, rules and regulations. The bylaws,
19 rules and regulations of the board shall be enacted, money
20 shall be appropriated or expended, salaries shall be fixed or
21 changed, and textbooks and courses of instruction shall be
22 adopted or changed only at the regular meetings of the board
23 and by a vote of a majority of the full membership of the
24 board; provided that notwithstanding any other provision of
25 this Article or the School Code, neither the board or any local
26 school council may purchase any textbook for use in any public

 

 

HB4441 Engrossed - 4 - LRB095 14360 RAS 40261 b

1 school of the district from any textbook publisher that fails
2 to furnish any computer diskettes as required under Section
3 28-21. The board shall be further encouraged to provide
4 opportunities for public hearing and testimony before the
5 adoption of bylaws, rules and regulations. Upon all
6 propositions requiring for their adoption at least a majority
7 of all the members of the board the yeas and nays shall be
8 taken and reported. The by-laws, rules and regulations of the
9 board shall not be repealed, amended or added to, except by a
10 vote of 2/3 of the full membership of the board. The board
11 shall keep a record of all its proceedings. Such records and
12 all by-laws, rules and regulations, or parts thereof, may be
13 proved by a copy thereof certified to be such by the secretary
14 of the board, but if they are printed in book or pamphlet form
15 which are purported to be published by authority of the board
16 they need not be otherwise published and the book or pamphlet
17 shall be received as evidence, without further proof, of the
18 records, by-laws, rules and regulations, or any part thereof,
19 as of the dates thereof as shown in such book or pamphlet, in
20 all courts and places where judicial proceedings are had.
21     Notwithstanding any other provision in this Article or in
22 the School Code, the board may delegate to the general
23 superintendent or to the attorney the authorities granted to
24 the board in the School Code, provided such delegation and
25 appropriate oversight procedures are made pursuant to board
26 by-laws, rules and regulations, adopted as herein provided,

 

 

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1 except that the board may not delegate its authorities and
2 responsibilities regarding (1) budget approval obligations;
3 (2) rule-making functions; (3) desegregation obligations; (4)
4 real estate acquisition, sale or lease in excess of 10 years as
5 provided in Section 34-21; (5) the levy of taxes; or (6) any
6 mandates imposed upon the board by "An Act in relation to
7 school reform in cities over 500,000, amending Acts herein
8 named", approved December 12, 1988 (P.A. 85-1418).
9 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
 
10     Section 99. Effective date. This Act takes effect July 1,
11 2008.