Full Text of HB4275 97th General Assembly
HB4275ham001 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4275
| 2 | | AMENDMENT NO. ______. Amend House Bill 4275 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-22.6, 13A-4, 13A-11, and 34-19 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 | | searches.
| 9 | | (a) To expel pupils guilty of gross disobedience or | 10 | | misconduct, including gross disobedience or misconduct | 11 | | perpetuated by electronic means, and
no action shall lie | 12 | | against them for such expulsion. Expulsion shall
take place | 13 | | only after the parents have been requested to appear at a
| 14 | | meeting of the board, or with a hearing officer appointed by | 15 | | it, to
discuss their child's behavior. Such request shall be | 16 | | made by registered
or certified mail and shall state the time, |
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| 1 | | place and purpose of the
meeting. The board, or a hearing | 2 | | officer appointed by it, at such
meeting shall state the | 3 | | reasons for dismissal and the date on which the
expulsion is to | 4 | | become effective. If a hearing officer is appointed by
the | 5 | | board he shall report to the board a written summary of the | 6 | | evidence
heard at the meeting and the board may take such | 7 | | action thereon as it
finds appropriate. In school districts | 8 | | located in whole or in part within counties that have a | 9 | | municipality with a population of 500,000 or more, an expelled | 10 | | pupil must be immediately transferred to an alternative program | 11 | | in the manner provided in Article 13A or 13B of this Code, | 12 | | except those pupils expelled under the provisions of the | 13 | | federal Gun-Free Schools Act of 1994. In school districts | 14 | | located outside of counties that have a municipality with a | 15 | | population of 500,000 or more, an An expelled pupil may be | 16 | | immediately transferred to an alternative program in the manner | 17 | | provided in Article 13A or 13B of this Code. A pupil must not | 18 | | be denied transfer because of the expulsion, except in cases in | 19 | | which such transfer is deemed to cause a threat to the safety | 20 | | of students or staff in the alternative program.
| 21 | | (b) To suspend or by policy to authorize the superintendent | 22 | | of
the district or the principal, assistant principal, or dean | 23 | | of students
of any school to suspend pupils guilty of gross | 24 | | disobedience or misconduct, or
to suspend pupils guilty of | 25 | | gross disobedience or misconduct on the school bus
from riding | 26 | | the school bus, and no action
shall lie against them for such |
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| 1 | | suspension. The board may by policy
authorize the | 2 | | superintendent of the district or the principal, assistant
| 3 | | principal, or dean of students of any
school to suspend pupils | 4 | | guilty of such acts for a period not to exceed
10 school days. | 5 | | If a pupil is suspended due to gross disobedience or misconduct
| 6 | | on a school bus, the board may suspend the pupil in excess of | 7 | | 10
school
days for safety reasons. Any suspension shall be | 8 | | reported immediately to the
parents or guardian of such pupil | 9 | | along with a full statement of the
reasons for such suspension | 10 | | and a notice of their right to a review. The school board must | 11 | | be given a summary of the notice, including the reason for the | 12 | | suspension and the suspension length. Upon request of the
| 13 | | parents or guardian the school board or a hearing officer | 14 | | appointed by
it shall review such action of the superintendent | 15 | | or principal, assistant
principal, or dean of students. At such
| 16 | | review the parents or guardian of the pupil may appear and | 17 | | discuss the
suspension with the board or its hearing officer. | 18 | | If a hearing officer
is appointed by the board he shall report | 19 | | to the board a written summary
of the evidence heard at the | 20 | | meeting. After its hearing or upon receipt
of the written | 21 | | report of its hearing officer, the board may take such
action | 22 | | as it finds appropriate. In school districts located in whole | 23 | | or in part within counties that have a municipality with a | 24 | | population of 500,000 or more, a pupil who is suspended in | 25 | | excess of 20 school days must be immediately transferred to an | 26 | | alternative program in the manner provided in Article 13A or |
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| 1 | | 13B of this Code. In school districts located outside of | 2 | | counties that have a municipality with a population of 500,000 | 3 | | or more, a A pupil who is suspended in excess of 20 school days | 4 | | may be immediately transferred to an alternative program in the | 5 | | manner provided in Article 13A or 13B of this Code. A pupil | 6 | | must not be denied transfer because of the suspension, except | 7 | | in cases in which such transfer is deemed to cause a threat to | 8 | | the safety of students or staff in the alternative program.
| 9 | | (c) The Department of Human Services
shall be invited to | 10 | | send a representative to consult with the board at
such meeting | 11 | | whenever there is evidence that mental illness may be the
cause | 12 | | for expulsion or suspension.
| 13 | | (d) The board may expel a student for a definite period of | 14 | | time not to
exceed 2 calendar years, as determined on a case by | 15 | | case basis.
A student who
is determined to have brought one of | 16 | | the following objects to school, any school-sponsored activity
| 17 | | or event, or any activity or event that bears a reasonable | 18 | | relationship to school shall be expelled for a period of not | 19 | | less than
one year: | 20 | | (1) A firearm. For the purposes of this Section, | 21 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 22 | | by Section 921 of Title 18 of the United States Code, | 23 | | firearm as defined in Section 1.1 of the Firearm Owners | 24 | | Identification Card Act, or firearm as defined in Section | 25 | | 24-1 of the Criminal Code of 1961. The expulsion period | 26 | | under this subdivision (1) may be modified by the |
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| 1 | | superintendent, and the superintendent's determination may | 2 | | be modified by the board on a case-by-case basis. | 3 | | (2) A knife, brass knuckles or other knuckle weapon | 4 | | regardless of its composition, a billy club, or any other | 5 | | object if used or attempted to be used to cause bodily | 6 | | harm, including "look alikes" of any firearm as defined in | 7 | | subdivision (1) of this subsection (d). The expulsion | 8 | | requirement under this subdivision (2) may be modified by | 9 | | the superintendent, and the superintendent's determination | 10 | | may be modified by the board on a case-by-case basis. | 11 | | Expulsion
or suspension
shall be construed in a
manner | 12 | | consistent with the Federal Individuals with Disabilities | 13 | | Education
Act. A student who is subject to suspension or | 14 | | expulsion as provided in this
Section may be eligible for a | 15 | | transfer to an alternative school program in
accordance with | 16 | | Article 13A of the School Code. The provisions of this
| 17 | | subsection (d) apply in all school districts,
including special | 18 | | charter districts and districts organized under Article 34.
| 19 | | (d-5) The board may suspend or by regulation
authorize the | 20 | | superintendent of the district or the principal, assistant
| 21 | | principal, or dean of students of any
school to suspend a | 22 | | student for a period not to exceed
10 school days or may expel | 23 | | a student for a definite period of time not to
exceed 2 | 24 | | calendar years, as determined on a case by case basis, if (i) | 25 | | that student has been determined to have made an explicit | 26 | | threat on an Internet website against a school employee, a |
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| 1 | | student, or any school-related personnel, (ii) the Internet | 2 | | website through which the threat was made is a site that was | 3 | | accessible within the school at the time the threat was made or | 4 | | was available to third parties who worked or studied within the | 5 | | school grounds at the time the threat was made, and (iii) the | 6 | | threat could be reasonably interpreted as threatening to the | 7 | | safety and security of the threatened individual because of his | 8 | | or her duties or employment status or status as a student | 9 | | inside the school. The provisions of this
subsection (d-5) | 10 | | apply in all school districts,
including special charter | 11 | | districts and districts organized under Article 34 of this | 12 | | Code.
| 13 | | (e) To maintain order and security in the schools, school | 14 | | authorities may
inspect and search places and areas such as | 15 | | lockers, desks, parking lots, and
other school property and | 16 | | equipment owned or controlled by the school, as well
as | 17 | | personal effects left in those places and areas by students, | 18 | | without notice
to or the consent of the student, and without a | 19 | | search warrant. As a matter of
public policy, the General | 20 | | Assembly finds that students have no reasonable
expectation of | 21 | | privacy in these places and areas or in their personal effects
| 22 | | left in these places and areas. School authorities may request | 23 | | the assistance
of law enforcement officials for the purpose of | 24 | | conducting inspections and
searches of lockers, desks, parking | 25 | | lots, and other school property and
equipment owned or | 26 | | controlled by the school for illegal drugs, weapons, or
other
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| 1 | | illegal or dangerous substances or materials, including | 2 | | searches conducted
through the use of specially trained dogs. | 3 | | If a search conducted in accordance
with this Section produces | 4 | | evidence that the student has violated or is
violating either | 5 | | the law, local ordinance, or the school's policies or rules,
| 6 | | such evidence may be seized by school authorities, and | 7 | | disciplinary action may
be taken. School authorities may also | 8 | | turn over such evidence to law
enforcement authorities. The | 9 | | provisions of this subsection (e) apply in all
school | 10 | | districts, including special charter districts and districts | 11 | | organized
under Article 34.
| 12 | | (f) Suspension or expulsion may include suspension or | 13 | | expulsion from
school and all school activities and a | 14 | | prohibition from being present on school
grounds.
| 15 | | (g) A school district may adopt a policy providing that if | 16 | | a student
is suspended or expelled for any reason from any | 17 | | public or private school
in this or any other state, the | 18 | | student must complete the entire term of
the suspension or | 19 | | expulsion in an alternative school program under Article 13A of | 20 | | this Code or an alternative learning opportunities program | 21 | | under Article 13B of this Code before being admitted into the | 22 | | school
district if there is no threat to the safety of students | 23 | | or staff in the alternative program. This subsection (g) | 24 | | applies to
all school districts, including special charter | 25 | | districts and districts
organized under Article 34 of this | 26 | | Code.
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| 1 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 2 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
| 3 | | (105 ILCS 5/13A-4)
| 4 | | Sec. 13A-4. Administrative transfers. In the case of a | 5 | | student enrolled in the public schools of a school district
| 6 | | organized under Article 34, in accordance with the uniform | 7 | | system of discipline
established under Section 34-19, or a | 8 | | student enrolled in a school district located in whole or in | 9 | | part within a county that has a municipality with a population | 10 | | of 500,000 or more, a student who is determined to be
subject | 11 | | to suspension or expulsion or who is suspended or expelled, in | 12 | | the manner provided by Section 10-22.6,
must be
immediately | 13 | | transferred to the alternative program. In all other cases, a A | 14 | | student who is determined to be
subject to suspension or | 15 | | expulsion or who is suspended or expelled, in the manner | 16 | | provided by Section 10-22.6 ,
(or,
in the case of a student | 17 | | enrolled in the public schools of a school district
organized | 18 | | under Article 34, in accordance with the uniform system of | 19 | | discipline
established under Section 34-19) may be
immediately | 20 | | transferred to the alternative program. At the earliest time
| 21 | | following that transfer appropriate personnel from the sending | 22 | | school district
and appropriate personnel of the alternative | 23 | | program shall meet to develop an
alternative education plan for | 24 | | the student. The student's parent or guardian
shall be | 25 | | requested to appear at invited to this meeting. In school |
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| 1 | | districts located in whole or in part within counties that have | 2 | | a municipality with a population of 500,000 or more, this | 3 | | request must be made by certified mail or delivered in person; | 4 | | state the date, time, place, and purpose of the meeting; and | 5 | | provide notice that the parents or guardians will be given an | 6 | | opportunity to speak regarding their expectations for the | 7 | | alternative education plan. The student may be invited. The | 8 | | alternative
educational plan shall include, but not be limited | 9 | | to all of the following:
| 10 | | (1) The duration of the plan, including a date after | 11 | | which the student may
be returned to the regular | 12 | | educational program in the public schools of the
| 13 | | transferring district. If the parent or guardian of a | 14 | | student
who is scheduled to be returned to the regular | 15 | | education program in the public
schools of the district | 16 | | files a written objection to the return with the
principal | 17 | | of the alternative school, the matter shall be referred by | 18 | | the
principal to the regional superintendent of the | 19 | | educational service region in
which the alternative school | 20 | | program is located for a hearing. Notice of
the hearing
| 21 | | shall be given by the regional superintendent to the | 22 | | student's parent or
guardian. After the hearing, the | 23 | | regional superintendent may take such action
as he or she | 24 | | finds appropriate and in the best interests of the student. | 25 | | The
determination of the regional superintendent shall be | 26 | | final.
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| 1 | | (2) The specific academic and behavioral components of | 2 | | the plan.
| 3 | | (3) A method and time frame for reviewing the student's | 4 | | progress.
| 5 | | (4) For school districts located in whole or in part | 6 | | within counties that have a municipality with a population | 7 | | of 500,000 or more, a parental involvement section. The | 8 | | parental involvement section shall state whether there was | 9 | | involvement by the parent, guardian, or student in | 10 | | developing the alternative education plan. | 11 | | Notwithstanding any other provision of this Article, if a | 12 | | student for whom an
individualized educational program has been | 13 | | developed under Article 14 is
transferred to an alternative | 14 | | school program under this Article 13A, that
individualized | 15 | | educational program shall continue to apply to that student
| 16 | | following the transfer unless modified in accordance with the | 17 | | provisions of
Article 14.
| 18 | | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
| 19 | | (105 ILCS 5/13A-11)
| 20 | | Sec. 13A-11. Chicago public schools.
| 21 | | (a) The Chicago Board of Education shall may
establish | 22 | | alternative schools within Chicago and may contract with third
| 23 | | parties for services otherwise performed by employees, | 24 | | including those in a
bargaining unit, in accordance with | 25 | | Sections 34-8.1, 34-18, and 34-49.
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| 1 | | (b) Alternative schools operated by third parties within | 2 | | Chicago shall be
exempt from all provisions of the School Code, | 3 | | except provisions concerning:
| 4 | | (1) Student civil rights;
| 5 | | (2) Staff civil rights;
| 6 | | (3) Health and safety;
| 7 | | (4) Performance and financial audits;
| 8 | | (5) The Illinois Goals Assessment Program;
| 9 | | (6) Chicago learning outcomes;
| 10 | | (7) Sections 2-3.25a through 2-3.25j of the School | 11 | | Code;
| 12 | | (8) The Inspector General; and
| 13 | | (9) Section 34-2.4b of the School Code.
| 14 | | (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
| 15 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 16 | | Sec. 34-19. By-laws, rules and regulations; business | 17 | | transacted at
regular meetings; voting; records. The board | 18 | | shall, subject to the limitations
in this Article, establish | 19 | | by-laws, rules and regulations, which shall have the
force of | 20 | | ordinances, for the proper maintenance of a uniform system of
| 21 | | discipline for both employees and pupils, and for the entire | 22 | | management of the
schools, and may fix the school age of | 23 | | pupils, the minimum of which in
kindergartens shall not be | 24 | | under 4 years, except that, based upon an assessment of the | 25 | | child's readiness, children who have attended a non-public |
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| 1 | | preschool and continued their education at that school through | 2 | | kindergarten, were taught in kindergarten by an appropriately | 3 | | certified teacher, and will attain the age of 6 years on or | 4 | | before December 31 of the year of the 2009-2010 school term and | 5 | | each school term thereafter may attend first grade upon | 6 | | commencement of such term, and in grade schools shall not be
| 7 | | under 6 years. It may expel, suspend or, subject to the | 8 | | limitations of all
policies established or adopted under | 9 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 10 | | gross disobedience, misconduct or other violation of the
| 11 | | by-laws, rules and regulations, including gross disobedience | 12 | | or misconduct perpetuated by electronic means. An expelled | 13 | | pupil must may be immediately transferred to an alternative | 14 | | program in the manner provided in Article 13A or 13B of this | 15 | | Code , except those pupils expelled under the provisions of the | 16 | | federal Gun-Free Schools Act of 1994 . A pupil must not be | 17 | | denied transfer because of the expulsion, except in cases in | 18 | | which such transfer is deemed to cause a threat to the safety | 19 | | of students or staff in the alternative program. A pupil who is | 20 | | suspended in excess of 20 school days must may be immediately | 21 | | transferred to an alternative program in the manner provided in | 22 | | Article 13A or 13B of this Code. A pupil must not be denied | 23 | | transfer because of the suspension, except in cases in which | 24 | | such transfer is deemed to cause a threat to the safety of | 25 | | students or staff in the alternative program. The bylaws, rules | 26 | | and regulations of the board
shall be enacted, money shall be |
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| 1 | | appropriated or expended, salaries shall be
fixed or changed, | 2 | | and textbooks, electronic textbooks, and courses of | 3 | | instruction shall be adopted or
changed only at the regular | 4 | | meetings of the board and by a vote of a
majority of the full | 5 | | membership of the board; provided that
notwithstanding any | 6 | | other provision of this Article or the School Code,
neither the | 7 | | board or any local school council may purchase any textbook for | 8 | | use in any public school of the
district from any textbook | 9 | | publisher that fails to furnish any computer
diskettes as | 10 | | required under Section 28-21. Funds appropriated for textbook | 11 | | purchases must be available for electronic textbook purchases | 12 | | and the technological equipment necessary to gain access to and | 13 | | use electronic textbooks at the local school council's | 14 | | discretion. The board shall be further
encouraged to provide | 15 | | opportunities for public hearing and testimony before
the | 16 | | adoption of bylaws, rules and regulations. Upon all | 17 | | propositions
requiring for their adoption at least a majority | 18 | | of all the members of the
board the yeas and nays shall be | 19 | | taken and reported. The by-laws, rules and
regulations of the | 20 | | board shall not be repealed, amended or added to, except
by a | 21 | | vote of 2/3 of the full membership of the board. The board | 22 | | shall keep
a record of all its proceedings. Such records and | 23 | | all
by-laws, rules and regulations, or parts thereof, may be | 24 | | proved by a copy
thereof certified to be such by the secretary | 25 | | of the board, but if they are
printed in book or pamphlet form | 26 | | which are purported to be published by
authority of the board |
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| 1 | | they need not be otherwise published and the book or
pamphlet | 2 | | shall be received as evidence, without further proof, of the
| 3 | | records, by-laws, rules and regulations, or any part thereof, | 4 | | as of the
dates thereof as shown in such book or pamphlet, in | 5 | | all courts and places
where judicial proceedings are had. | 6 | | Notwithstanding any other provision in this Article or in | 7 | | the School
Code, the board may delegate to the general | 8 | | superintendent or to the
attorney the authorities granted to | 9 | | the board in the School Code, provided
such delegation and | 10 | | appropriate oversight procedures are made pursuant to
board | 11 | | by-laws, rules and regulations, adopted as herein provided, | 12 | | except that
the board may not delegate its authorities and | 13 | | responsibilities regarding (1)
budget approval obligations; | 14 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 15 | | real estate acquisition, sale or lease in excess of 10 years
as | 16 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 17 | | mandates
imposed upon the board by "An Act in relation to | 18 | | school reform in cities over
500,000, amending Acts herein | 19 | | named", approved December 12, 1988 (P.A.
85-1418). | 20 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 21 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)".
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