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

    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,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
52-3.153 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
8Board of Education shall establish a standard student expulsion
9policy 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
12advisory committee.
13    (a) To establish and maintain a parent-teacher advisory
14committee to develop with the school board policy guidelines on
15pupil discipline, including school searches. With respect to
16expulsions, the policy must conform to the standard student
17expulsion policy established by the State Board of Education
18under Section 2-3.153 of this Code. A school board must , to
19furnish a copy of the pupil discipline policy to the parents or
20guardian of each pupil within 15 days after the beginning of
21the school year, or within 15 days after starting classes for a
22pupil who transfers into the district during the school year,

 

 

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1and to require that each school inform informs its pupils of
2the contents of its policy. School boards, along with the
3parent-teacher advisory committee, are encouraged to annually
4review their pupil discipline policies, the implementation of
5those policies, and any other factors related to the safety of
6their schools, pupils, and staff.
7    (b) The parent-teacher advisory committee in cooperation
8with local law enforcement agencies shall develop, with the
9school board, policy guideline procedures to establish and
10maintain a reciprocal reporting system between the school
11district and local law enforcement agencies regarding criminal
12offenses committed by students.
13    (c) The parent-teacher advisory committee, in cooperation
14with school bus personnel, shall develop, with the school
15board, policy guideline procedures to establish and maintain
16school bus safety procedures. These procedures shall be
17incorporated into the district's pupil discipline policy.
18    (d) The school board, in consultation with the
19parent-teacher advisory committee and other community-based
20organizations, must include provisions in the student
21discipline policy to address students who have demonstrated
22behaviors that put them at risk for aggressive behavior,
23including without limitation bullying, as defined in the
24policy. These provisions must include procedures for notifying
25parents or legal guardians and early intervention procedures
26based 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
4transacted at regular meetings; voting; records. The board
5shall, subject to the limitations in this Article, establish
6by-laws, rules and regulations, which shall have the force of
7ordinances, for the proper maintenance of a uniform system of
8discipline for both employees and pupils, and for the entire
9management of the schools, and may fix the school age of
10pupils, the minimum of which in kindergartens shall not be
11under 4 years, except that, based upon an assessment of the
12child's readiness, children who have attended a non-public
13preschool and continued their education at that school through
14kindergarten, were taught in kindergarten by an appropriately
15certified teacher, and will attain the age of 6 years on or
16before December 31 of the year of the 2009-2010 school term and
17each school term thereafter may attend first grade upon
18commencement of such term, and in grade schools shall not be
19under 6 years. It may expel, suspend or, subject to the
20limitations of all policies established or adopted under
21Section 14-8.05, otherwise discipline any pupil found guilty of
22gross disobedience, misconduct or other violation of the
23by-laws, rules and regulations. With respect to expulsions, the
24district's pupil discipline policy must conform to the standard
25student expulsion policy established by the State Board of

 

 

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1Education under Section 2-3.153 of this Code. The board must
2furnish a copy of the district's pupil discipline policy to the
3parents or guardian of each pupil within 15 days after the
4beginning of the school year or within 15 days after starting
5classes for a pupil who transfers into the district during the
6school year and require that each school inform its pupils of
7the contents of its policy. The bylaws, rules and regulations
8of the board shall be enacted, money shall be appropriated or
9expended, salaries shall be fixed or changed, and textbooks,
10electronic textbooks, and courses of instruction shall be
11adopted or changed only at the regular meetings of the board
12and by a vote of a majority of the full membership of the
13board; provided that notwithstanding any other provision of
14this Article or the School Code, neither the board or any local
15school council may purchase any textbook for use in any public
16school of the district from any textbook publisher that fails
17to furnish any computer diskettes as required under Section
1828-21. Funds appropriated for textbook purchases must be
19available for electronic textbook purchases and the
20technological equipment necessary to gain access to and use
21electronic textbooks at the local school council's discretion.
22The board shall be further encouraged to provide opportunities
23for public hearing and testimony before the adoption of bylaws,
24rules and regulations. Upon all propositions requiring for
25their adoption at least a majority of all the members of the
26board the yeas and nays shall be taken and reported. The

 

 

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1by-laws, rules and regulations of the board shall not be
2repealed, amended or added to, except by a vote of 2/3 of the
3full membership of the board. The board shall keep a record of
4all its proceedings. Such records and all by-laws, rules and
5regulations, or parts thereof, may be proved by a copy thereof
6certified to be such by the secretary of the board, but if they
7are printed in book or pamphlet form which are purported to be
8published by authority of the board they need not be otherwise
9published and the book or pamphlet shall be received as
10evidence, without further proof, of the records, by-laws, rules
11and regulations, or any part thereof, as of the dates thereof
12as shown in such book or pamphlet, in all courts and places
13where judicial proceedings are had.
14    Notwithstanding any other provision in this Article or in
15the School Code, the board may delegate to the general
16superintendent or to the attorney the authorities granted to
17the board in the School Code, provided such delegation and
18appropriate oversight procedures are made pursuant to board
19by-laws, rules and regulations, adopted as herein provided,
20except that the board may not delegate its authorities and
21responsibilities regarding (1) budget approval obligations;
22(2) rule-making functions; (3) desegregation obligations; (4)
23real estate acquisition, sale or lease in excess of 10 years as
24provided in Section 34-21; (5) the levy of taxes; or (6) any
25mandates imposed upon the board by "An Act in relation to
26school reform in cities over 500,000, amending Acts herein

 

 

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1named", approved December 12, 1988 (P.A. 85-1418).
2(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)