Full Text of HB2880 98th General Assembly
HB2880 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2880 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.157 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 the posting of a district's pupil discipline policy on the district's Internet website or otherwise furnishing a copy to parents and guardians if a district does not have an Internet website, and requires that each school inform its pupils of the contents of its policy.
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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 | | 2-3.157 and by changing Sections 10-20.14 and 34-19 as follows: | 6 | | (105 ILCS 5/2-3.157 new) | 7 | | Sec. 2-3.157. 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 2-3.157 of this Code. A school board must (i) | 19 | | post the pupil discipline policy on the school district's | 20 | | Internet website, if any, within 15 days after the beginning of | 21 | | the school year or, if the district does not have an Internet | 22 | | website , to
furnish a copy of the
pupil discipline policy to |
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| 1 | | the parents or guardian of each pupil within 15 days after
the | 2 | | beginning of the school year, or within 15 days after starting | 3 | | classes
for a pupil who transfers into the district during the | 4 | | school year, and (ii) to
require that each school inform | 5 | | informs its pupils of the contents of its policy.
School | 6 | | boards, along with the parent-teacher advisory committee, are
| 7 | | encouraged to annually review their pupil discipline policies, | 8 | | the
implementation of those policies, and any other factors | 9 | | related to the safety
of their
schools, pupils, and staff.
| 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.
| 16 | | (c) The parent-teacher advisory committee, in cooperation | 17 | | with school bus
personnel, shall develop, with the school | 18 | | board, policy guideline procedures to
establish and maintain | 19 | | school bus safety procedures. These procedures shall be
| 20 | | incorporated into the district's pupil discipline policy.
| 21 | | (d) The school board, in consultation with the | 22 | | parent-teacher
advisory committee and other community-based | 23 | | organizations, must include
provisions in the student | 24 | | discipline
policy to address students who have demonstrated | 25 | | behaviors that put them at
risk for aggressive behavior, | 26 | | including without limitation bullying, as
defined in the |
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| 1 | | policy. These provisions must include
procedures for notifying | 2 | | parents or legal guardians and
early intervention procedures
| 3 | | based upon available community-based and district resources.
| 4 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
| 5 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 6 | | Sec. 34-19. By-laws, rules and regulations; business | 7 | | transacted at
regular meetings; voting; records. The board | 8 | | shall, subject to the limitations
in this Article, establish | 9 | | by-laws, rules and regulations, which shall have the
force of | 10 | | ordinances, for the proper maintenance of a uniform system of
| 11 | | discipline for both employees and pupils, and for the entire | 12 | | management of the
schools, and may fix the school age of | 13 | | pupils, the minimum of which in
kindergartens shall not be | 14 | | under 4 years, except that, based upon an assessment of the | 15 | | child's readiness, children who have attended a non-public | 16 | | preschool and continued their education at that school through | 17 | | kindergarten, were taught in kindergarten by an appropriately | 18 | | certified teacher, and will attain the age of 6 years on or | 19 | | before December 31 of the year of the 2009-2010 school term and | 20 | | each school term thereafter may attend first grade upon | 21 | | commencement of such term, and in grade schools shall not be
| 22 | | under 6 years. It may expel, suspend or, subject to the | 23 | | limitations of all
policies established or adopted under | 24 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 25 | | gross disobedience, misconduct or other violation of the
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| 1 | | by-laws, rules and regulations, including gross disobedience | 2 | | or misconduct perpetuated by electronic means. An expelled | 3 | | pupil may be immediately transferred to an alternative program | 4 | | in the manner provided in Article 13A or 13B of this Code. A | 5 | | pupil must not be denied transfer because of the expulsion, | 6 | | except in cases in which such transfer is deemed to cause a | 7 | | threat to the safety of students or staff in the alternative | 8 | | program. A pupil who is suspended in excess of 20 school days | 9 | | may be immediately transferred to an alternative program in the | 10 | | manner provided in Article 13A or 13B of this Code. A pupil | 11 | | must not be denied transfer because of the suspension, except | 12 | | in cases in which such transfer is deemed to cause a threat to | 13 | | the safety of students or staff in the alternative program. | 14 | | With respect to expulsions, the district's pupil discipline | 15 | | policy must conform to the standard student expulsion policy | 16 | | established by the State Board of Education under Section | 17 | | 2-3.157 of this Code. The board must post the district's pupil | 18 | | discipline policy on the district's Internet website within 15 | 19 | | days after the beginning of the school year and require that | 20 | | each school inform its pupils of the contents of its policy. | 21 | | The bylaws, rules and regulations of the board
shall be | 22 | | enacted, money shall be appropriated or expended, salaries | 23 | | shall be
fixed or changed, and textbooks, electronic textbooks, | 24 | | and courses of instruction shall be adopted or
changed only at | 25 | | the regular meetings of the board and by a vote of a
majority | 26 | | of the full membership of the board; provided that
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| 1 | | notwithstanding any other provision of this Article or the | 2 | | School Code,
neither the board or any local school council may | 3 | | purchase any textbook for use in any public school of the
| 4 | | district from any textbook publisher that fails to furnish any | 5 | | computer
diskettes as required under Section 28-21. Funds | 6 | | appropriated for textbook purchases must be available for | 7 | | electronic textbook purchases and the technological equipment | 8 | | necessary to gain access to and use electronic textbooks at the | 9 | | local school council's discretion. The board shall be further
| 10 | | encouraged to provide opportunities for public hearing and | 11 | | testimony before
the adoption of bylaws, rules and regulations. | 12 | | Upon all propositions
requiring for their adoption at least a | 13 | | majority of all the members of the
board the yeas and nays | 14 | | shall be taken and reported. The by-laws, rules and
regulations | 15 | | of the board shall not be repealed, amended or added to, except
| 16 | | by a vote of 2/3 of the full membership of the board. The board | 17 | | shall keep
a record of all its proceedings. Such records and | 18 | | all
by-laws, rules and regulations, or parts thereof, may be | 19 | | proved by a copy
thereof certified to be such by the secretary | 20 | | of the board, but if they are
printed in book or pamphlet form | 21 | | which are purported to be published by
authority of the board | 22 | | they need not be otherwise published and the book or
pamphlet | 23 | | shall be received as evidence, without further proof, of the
| 24 | | records, by-laws, rules and regulations, or any part thereof, | 25 | | as of the
dates thereof as shown in such book or pamphlet, in | 26 | | all courts and places
where judicial proceedings are had. |
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| 1 | | Notwithstanding any other provision in this Article or in | 2 | | the School
Code, the board may delegate to the general | 3 | | superintendent or to the
attorney the authorities granted to | 4 | | the board in the School Code, provided
such delegation and | 5 | | appropriate oversight procedures are made pursuant to
board | 6 | | by-laws, rules and regulations, adopted as herein provided, | 7 | | except that
the board may not delegate its authorities and | 8 | | responsibilities regarding (1)
budget approval obligations; | 9 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 10 | | real estate acquisition, sale or lease in excess of 10 years
as | 11 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 12 | | mandates
imposed upon the board by "An Act in relation to | 13 | | school reform in cities over
500,000, amending Acts herein | 14 | | named", approved December 12, 1988 (P.A.
85-1418). | 15 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 16 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 17 | | 7-13-12.)
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