Full Text of HB0140 97th General Assembly
HB0140 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0140 Introduced 1/18/2011, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.153 new | | 105 ILCS 5/10-20.14 | from Ch. 122, par. 10-20.14 | 105 ILCS 5/34-19 | from Ch. 122, par. 34-19 |
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Amends the School Code. Requires the State Board of Education to establish a standard student expulsion policy that applies to each school district in this State. Requires a district's pupil discipline policy to conform to the standard student expulsion policy. Requires a school board to furnish a copy of the district's pupil discipline policy to the parents or guardian of each pupil within 15 days after the beginning of the school year or within 15 days after starting classes for a pupil who transfers into the district during the school year and to require that each school inform its pupils of the contents of its policy (now permissive with respect to school boards other than the Chicago Board of Education).
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 adding Section | 5 | | 2-3.153 and by changing Sections 10-20.14 and 34-19 as follows: | 6 | | (105 ILCS 5/2-3.153 new) | 7 | | Sec. 2-3.153. Standard student expulsion policy. The State | 8 | | Board of Education shall establish a standard student expulsion | 9 | | policy that applies to each school district in this State.
| 10 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
| 11 | | Sec. 10-20.14. Student discipline policies; Parent-teacher | 12 | | advisory
committee.
| 13 | | (a) To establish and maintain
a parent-teacher advisory | 14 | | committee to develop with the school board
policy guidelines on | 15 | | pupil discipline, including school searches . With respect to | 16 | | expulsions, the policy must conform to the standard student | 17 | | expulsion policy established by the State Board of Education | 18 | | under Section 2-3.153 of this Code. A school board must , to
| 19 | | furnish a copy of the
pupil discipline policy to the parents or | 20 | | guardian of each pupil within 15 days after
the beginning of | 21 | | the school year, or within 15 days after starting classes
for a | 22 | | pupil who transfers into the district during the school year, |
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| 1 | | and to
require that each school inform informs its pupils of | 2 | | the contents of its policy.
School boards, along with the | 3 | | parent-teacher advisory committee, are
encouraged to annually | 4 | | review their pupil discipline policies, the
implementation of | 5 | | those policies, and any other factors related to the safety
of | 6 | | their
schools, pupils, and staff.
| 7 | | (b) The parent-teacher advisory
committee in cooperation | 8 | | with local law enforcement agencies shall develop,
with the | 9 | | school board, policy guideline procedures to
establish
and | 10 | | maintain a reciprocal reporting system between the school | 11 | | district and
local law enforcement agencies regarding criminal | 12 | | offenses committed by
students.
| 13 | | (c) The parent-teacher advisory committee, in cooperation | 14 | | with school bus
personnel, shall develop, with the school | 15 | | board, policy guideline procedures to
establish and maintain | 16 | | school bus safety procedures. These procedures shall be
| 17 | | incorporated into the district's pupil discipline policy.
| 18 | | (d) The school board, in consultation with the | 19 | | parent-teacher
advisory committee and other community-based | 20 | | organizations, must include
provisions in the student | 21 | | discipline
policy to address students who have demonstrated | 22 | | behaviors that put them at
risk for aggressive behavior, | 23 | | including without limitation bullying, as
defined in the | 24 | | policy. These provisions must include
procedures for notifying | 25 | | parents or legal guardians and
early intervention procedures
| 26 | | based upon available community-based and district resources.
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| 1 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
| 2 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 3 | | Sec. 34-19. By-laws, rules and regulations; business | 4 | | transacted at
regular meetings; voting; records. The board | 5 | | shall, subject to the limitations
in this Article, establish | 6 | | by-laws, rules and regulations, which shall have the
force of | 7 | | ordinances, for the proper maintenance of a uniform system of
| 8 | | discipline for both employees and pupils, and for the entire | 9 | | management of the
schools, and may fix the school age of | 10 | | pupils, the minimum of which in
kindergartens shall not be | 11 | | under 4 years, except that, based upon an assessment of the | 12 | | child's readiness, children who have attended a non-public | 13 | | preschool and continued their education at that school through | 14 | | kindergarten, were taught in kindergarten by an appropriately | 15 | | certified teacher, and will attain the age of 6 years on or | 16 | | before December 31 of the year of the 2009-2010 school term and | 17 | | each school term thereafter may attend first grade upon | 18 | | commencement of such term, and in grade schools shall not be
| 19 | | under 6 years. It may expel, suspend or, subject to the | 20 | | limitations of all
policies established or adopted under | 21 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 22 | | gross disobedience, misconduct or other violation of the
| 23 | | by-laws, rules and regulations. With respect to expulsions, the | 24 | | district's pupil discipline policy must conform to the standard | 25 | | student expulsion policy established by the State Board of |
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| 1 | | Education under Section 2-3.153 of this Code. The board must | 2 | | furnish a copy of the district's pupil discipline policy to the | 3 | | parents or guardian of each pupil within 15 days after the | 4 | | beginning of the school year or within 15 days after starting | 5 | | classes for a pupil who transfers into the district during the | 6 | | school year and require that each school inform its pupils of | 7 | | the contents of its policy. The bylaws, rules and regulations | 8 | | of the board
shall be enacted, money shall be appropriated or | 9 | | expended, salaries shall be
fixed or changed, and textbooks, | 10 | | electronic textbooks, and courses of instruction shall be | 11 | | adopted or
changed only at the regular meetings of the board | 12 | | and by a vote of a
majority of the full membership of the | 13 | | board; provided that
notwithstanding any other provision of | 14 | | this Article or the School Code,
neither the board or any local | 15 | | school council may purchase any textbook for use in any public | 16 | | school of the
district from any textbook publisher that fails | 17 | | to furnish any computer
diskettes as required under Section | 18 | | 28-21. Funds appropriated for textbook purchases must be | 19 | | available for electronic textbook purchases and the | 20 | | technological equipment necessary to gain access to and use | 21 | | electronic textbooks at the local school council's discretion. | 22 | | The board shall be further
encouraged to provide opportunities | 23 | | for public hearing and testimony before
the adoption of bylaws, | 24 | | rules and regulations. Upon all propositions
requiring for | 25 | | their adoption at least a majority of all the members of the
| 26 | | board the yeas and nays shall be taken and reported. The |
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| 1 | | by-laws, rules and
regulations of the board shall not be | 2 | | repealed, amended or added to, except
by a vote of 2/3 of the | 3 | | full membership of the board. The board shall keep
a record of | 4 | | all its proceedings. Such records and all
by-laws, rules and | 5 | | regulations, or parts thereof, may be proved by a copy
thereof | 6 | | certified to be such by the secretary of the board, but if they | 7 | | are
printed in book or pamphlet form which are purported to be | 8 | | published by
authority of the board they need not be otherwise | 9 | | published and the book or
pamphlet shall be received as | 10 | | evidence, without further proof, of the
records, by-laws, rules | 11 | | and regulations, or any part thereof, as of the
dates thereof | 12 | | as shown in such book or pamphlet, in all courts and places
| 13 | | where judicial proceedings are had. | 14 | | Notwithstanding any other provision in this Article or in | 15 | | the School
Code, the board may delegate to the general | 16 | | superintendent or to the
attorney the authorities granted to | 17 | | the board in the School Code, provided
such delegation and | 18 | | appropriate oversight procedures are made pursuant to
board | 19 | | by-laws, rules and regulations, adopted as herein provided, | 20 | | except that
the board may not delegate its authorities and | 21 | | responsibilities regarding (1)
budget approval obligations; | 22 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 23 | | real estate acquisition, sale or lease in excess of 10 years
as | 24 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 25 | | mandates
imposed upon the board by "An Act in relation to | 26 | | school reform in cities over
500,000, amending Acts herein |
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| 1 | | named", approved December 12, 1988 (P.A.
85-1418). | 2 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)
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