Full Text of HB4775 98th General Assembly
HB4775ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 2/28/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4775
| 2 | | AMENDMENT NO. ______. Amend House Bill 4775 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 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, or to expel pupils as provided | 12 | | in subsection (d-10) of this Section, and
no action shall lie | 13 | | against them for such expulsion. Expulsion shall
take place | 14 | | only after the parents have been requested to appear at a
| 15 | | meeting of the board, or with a hearing officer appointed by | 16 | | it, to
discuss their child's behavior. Such request shall be |
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| 1 | | made by registered
or certified mail and shall state the time, | 2 | | place and purpose of the
meeting. The board, or a hearing | 3 | | officer appointed by it, at such
meeting shall state the | 4 | | reasons for dismissal and the date on which the
expulsion is to | 5 | | become effective. If a hearing officer is appointed by
the | 6 | | board he shall report to the board a written summary of the | 7 | | evidence
heard at the meeting and the board may take such | 8 | | action thereon as it
finds appropriate. An expelled pupil may | 9 | | 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 expulsion, except in | 12 | | cases in which such transfer is deemed to cause a threat to the | 13 | | safety of students or staff in the alternative program.
| 14 | | (b) To suspend or by policy to authorize the superintendent | 15 | | of
the district or the principal, assistant principal, or dean | 16 | | of students
of any school to suspend pupils guilty of gross | 17 | | disobedience or misconduct, or
to suspend pupils guilty of | 18 | | gross disobedience or misconduct on the school bus
from riding | 19 | | the school bus, or to suspend pupils as provided in subsection | 20 | | (d-10) of this Section, and no action
shall lie against them | 21 | | for such suspension. The board may by policy
authorize the | 22 | | superintendent of the district or the principal, assistant
| 23 | | principal, or dean of students of any
school to suspend pupils | 24 | | guilty of such acts for a period not to exceed
10 school days. | 25 | | If a pupil is suspended due to gross disobedience or misconduct
| 26 | | on a school bus, the board may suspend the pupil in excess of |
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| 1 | | 10
school
days for safety reasons. Any suspension shall be | 2 | | reported immediately to the
parents or guardian of such pupil | 3 | | along with a full statement of the
reasons for such suspension | 4 | | and a notice of their right to a review. The school board must | 5 | | be given a summary of the notice, including the reason for the | 6 | | suspension and the suspension length. Upon request of the
| 7 | | parents or guardian the school board or a hearing officer | 8 | | appointed by
it shall review such action of the superintendent | 9 | | or principal, assistant
principal, or dean of students. At such
| 10 | | review the parents or guardian of the pupil may appear and | 11 | | discuss the
suspension with the board or its hearing officer. | 12 | | If a hearing officer
is appointed by the board he shall report | 13 | | to the board a written summary
of the evidence heard at the | 14 | | meeting. After its hearing or upon receipt
of the written | 15 | | report of its hearing officer, the board may take such
action | 16 | | as it finds appropriate. A pupil who is suspended in excess of | 17 | | 20 school days may be immediately transferred to an alternative | 18 | | program in the manner provided in Article 13A or 13B of this | 19 | | Code. A pupil must not be denied transfer because of the | 20 | | suspension, except in cases in which such transfer is deemed to | 21 | | cause a threat to the safety of students or staff in the | 22 | | alternative program.
| 23 | | (c) The Department of Human Services
shall be invited to | 24 | | send a representative to consult with the board at
such meeting | 25 | | whenever there is evidence that mental illness may be the
cause | 26 | | for expulsion or suspension.
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| 1 | | (d) The board may expel a student for a definite period of | 2 | | time not to
exceed 2 calendar years, as determined on a | 3 | | case-by-case case by case basis.
A student who
is determined to | 4 | | have brought one of the following objects to school, any | 5 | | school-sponsored activity
or event, or any activity or event | 6 | | that bears a reasonable relationship to school shall be | 7 | | expelled for a period of not less than
one year: | 8 | | (1) A firearm. For the purposes of this Section, | 9 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 10 | | by Section 921 of Title 18 of the United States Code, | 11 | | firearm as defined in Section 1.1 of the Firearm Owners | 12 | | Identification Card Act, or firearm as defined in Section | 13 | | 24-1 of the Criminal Code of 2012. The expulsion period | 14 | | under this subdivision (1) may be modified by the | 15 | | superintendent, and the superintendent's determination may | 16 | | be modified by the board on a case-by-case basis. | 17 | | (2) A knife, brass knuckles or other knuckle weapon | 18 | | regardless of its composition, a billy club, or any other | 19 | | object if used or attempted to be used to cause bodily | 20 | | harm, including "look alikes" of any firearm as defined in | 21 | | subdivision (1) of this subsection (d). The expulsion | 22 | | requirement under this subdivision (2) may be modified by | 23 | | the superintendent, and the superintendent's determination | 24 | | may be modified by the board on a case-by-case basis. | 25 | | Expulsion
or suspension
shall be construed in a
manner | 26 | | consistent with the Federal Individuals with Disabilities |
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| 1 | | Education
Act. A student who is subject to suspension or | 2 | | expulsion as provided in this
Section may be eligible for a | 3 | | transfer to an alternative school program in
accordance with | 4 | | Article 13A of the School Code. The provisions of this
| 5 | | subsection (d) apply in all school districts,
including special | 6 | | charter districts and districts organized under Article 34.
| 7 | | (d-5) The board may suspend or by regulation
authorize the | 8 | | superintendent of the district or the principal, assistant
| 9 | | principal, or dean of students of any
school to suspend a | 10 | | student for a period not to exceed
10 school days or may expel | 11 | | a student for a definite period of time not to
exceed 2 | 12 | | calendar years, as determined on a case-by-case case by case | 13 | | basis, if (i) that student has been determined to have made an | 14 | | explicit threat on an Internet website against a school | 15 | | employee, a student, or any school-related personnel, (ii) the | 16 | | Internet website through which the threat was made is a site | 17 | | that was accessible within the school at the time the threat | 18 | | was made or was available to third parties who worked or | 19 | | studied within the school grounds at the time the threat was | 20 | | made, and (iii) the threat could be reasonably interpreted as | 21 | | threatening to the safety and security of the threatened | 22 | | individual because of his or her duties or employment status or | 23 | | status as a student inside the school. The provisions of this
| 24 | | subsection (d-5) apply in all school districts,
including | 25 | | special charter districts and districts organized under | 26 | | Article 34 of this Code.
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| 1 | | (d-10) In this subsection (d-10), "violent felony" means a | 2 | | violent felony as defined in Section 5 of the Medical School | 3 | | Matriculant Criminal History Records Check Act. | 4 | | Subject to subsections (a) and (b) of this Section, the | 5 | | board may suspend or, by policy, authorize the superintendent | 6 | | of the district or the principal, assistant principal, or dean | 7 | | of students of a school to suspend a student for a period not | 8 | | to exceed 10 school days or may expel a student for a definite | 9 | | period of time not to exceed 2 calendar years, as determined on | 10 | | a case-by-case basis, if (i) the student has been charged with | 11 | | a violent felony or convicted of a violent felony and (ii) the | 12 | | board or, as authorized by board policy, the superintendent of | 13 | | the district or the principal, assistant principal, or dean of | 14 | | students of the school determines that the student's continued | 15 | | presence in school would have a substantial detrimental effect | 16 | | on the general welfare of the school. If the charge has been | 17 | | dropped or the student has been found not guilty, the student | 18 | | may be fully reinstated in school. | 19 | | The provisions of this subsection (d-10) apply in all | 20 | | school districts, including special charter districts and | 21 | | districts organized under Article 34 of this Code. | 22 | | (e) To maintain order and security in the schools, school | 23 | | authorities may
inspect and search places and areas such as | 24 | | lockers, desks, parking lots, and
other school property and | 25 | | equipment owned or controlled by the school, as well
as | 26 | | personal effects left in those places and areas by students, |
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| 1 | | without notice
to or the consent of the student, and without a | 2 | | search warrant. As a matter of
public policy, the General | 3 | | Assembly finds that students have no reasonable
expectation of | 4 | | privacy in these places and areas or in their personal effects
| 5 | | left in these places and areas. School authorities may request | 6 | | the assistance
of law enforcement officials for the purpose of | 7 | | conducting inspections and
searches of lockers, desks, parking | 8 | | lots, and other school property and
equipment owned or | 9 | | controlled by the school for illegal drugs, weapons, or
other
| 10 | | illegal or dangerous substances or materials, including | 11 | | searches conducted
through the use of specially trained dogs. | 12 | | If a search conducted in accordance
with this Section produces | 13 | | evidence that the student has violated or is
violating either | 14 | | the law, local ordinance, or the school's policies or rules,
| 15 | | such evidence may be seized by school authorities, and | 16 | | disciplinary action may
be taken. School authorities may also | 17 | | turn over such evidence to law
enforcement authorities. The | 18 | | provisions of this subsection (e) apply in all
school | 19 | | districts, including special charter districts and districts | 20 | | organized
under Article 34.
| 21 | | (f) Suspension or expulsion may include suspension or | 22 | | expulsion from
school and all school activities and a | 23 | | prohibition from being present on school
grounds.
| 24 | | (g) A school district may adopt a policy providing that if | 25 | | a student
is suspended or expelled for any reason from any | 26 | | public or private school
in this or any other state, the |
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| 1 | | student must complete the entire term of
the suspension or | 2 | | expulsion in an alternative school program under Article 13A of | 3 | | this Code or an alternative learning opportunities program | 4 | | under Article 13B of this Code before being admitted into the | 5 | | school
district if there is no threat to the safety of students | 6 | | or staff in the alternative program. This subsection (g) | 7 | | applies to
all school districts, including special charter | 8 | | districts and districts
organized under Article 34 of this | 9 | | Code.
| 10 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 11 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 12 | | 97-1150, eff. 1-25-13.)
| 13 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 14 | | Sec. 34-19. By-laws, rules and regulations; business | 15 | | transacted at
regular meetings; voting; records. The board | 16 | | shall, subject to the limitations
in this Article, establish | 17 | | by-laws, rules and regulations, which shall have the
force of | 18 | | ordinances, for the proper maintenance of a uniform system of
| 19 | | discipline for both employees and pupils, and for the entire | 20 | | management of the
schools, and may fix the school age of | 21 | | pupils, the minimum of which in
kindergartens shall not be | 22 | | under 4 years, except that, based upon an assessment of the | 23 | | child's readiness, children who have attended a non-public | 24 | | preschool and continued their education at that school through | 25 | | kindergarten, were taught in kindergarten by an appropriately |
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| 1 | | certified teacher, and will attain the age of 6 years on or | 2 | | before December 31 of the year of the 2009-2010 school term and | 3 | | each school term thereafter may attend first grade upon | 4 | | commencement of such term, and in grade schools shall not be
| 5 | | under 6 years. It may expel, suspend or, subject to the | 6 | | limitations of all
policies established or adopted under | 7 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 8 | | gross disobedience, misconduct or other violation of the
| 9 | | by-laws, rules and regulations, including gross disobedience | 10 | | or misconduct perpetuated by electronic means , and may expel or | 11 | | suspend pupils as provided in subsection (d-10) of Section | 12 | | 10-22.6 of this Code . An expelled pupil may be immediately | 13 | | transferred to an alternative program in the manner provided in | 14 | | Article 13A or 13B of this Code. A pupil must not be denied | 15 | | transfer because of the expulsion, except in cases in which | 16 | | such transfer is deemed to cause a threat to the safety of | 17 | | students or staff in the alternative program. A pupil who is | 18 | | suspended in excess of 20 school days may be immediately | 19 | | transferred to an alternative program in the manner provided in | 20 | | Article 13A or 13B of this Code. A pupil must not be denied | 21 | | transfer because of the suspension, except in cases in which | 22 | | such transfer is deemed to cause a threat to the safety of | 23 | | students or staff in the alternative program. The bylaws, rules | 24 | | and regulations of the board
shall be enacted, money shall be | 25 | | appropriated or expended, salaries shall be
fixed or changed, | 26 | | and textbooks, electronic textbooks, and courses of |
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| 1 | | instruction shall be adopted or
changed only at the regular | 2 | | meetings of the board and by a vote of a
majority of the full | 3 | | membership of the board; provided that
notwithstanding any | 4 | | other provision of this Article or the School Code,
neither the | 5 | | board or any local school council may purchase any textbook for | 6 | | use in any public school of the
district from any textbook | 7 | | publisher that fails to furnish any computer
diskettes as | 8 | | required under Section 28-21. Funds appropriated for textbook | 9 | | purchases must be available for electronic textbook purchases | 10 | | and the technological equipment necessary to gain access to and | 11 | | use electronic textbooks at the local school council's | 12 | | discretion. The board shall be further
encouraged to provide | 13 | | opportunities for public hearing and testimony before
the | 14 | | adoption of bylaws, rules and regulations. Upon all | 15 | | propositions
requiring for their adoption at least a majority | 16 | | of all the members of the
board the yeas and nays shall be | 17 | | taken and reported. The by-laws, rules and
regulations of the | 18 | | board shall not be repealed, amended or added to, except
by a | 19 | | vote of 2/3 of the full membership of the board. The board | 20 | | shall keep
a record of all its proceedings. Such records and | 21 | | all
by-laws, rules and regulations, or parts thereof, may be | 22 | | proved by a copy
thereof certified to be such by the secretary | 23 | | of the board, but if they are
printed in book or pamphlet form | 24 | | which are purported to be published by
authority of the board | 25 | | they need not be otherwise published and the book or
pamphlet | 26 | | shall be received as evidence, without further proof, of the
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| 1 | | records, by-laws, rules and regulations, or any part thereof, | 2 | | as of the
dates thereof as shown in such book or pamphlet, in | 3 | | all courts and places
where judicial proceedings are had. | 4 | | Notwithstanding any other provision in this Article or in | 5 | | the School
Code, the board may delegate to the general | 6 | | superintendent or to the
attorney the authorities granted to | 7 | | the board in the School Code, provided
such delegation and | 8 | | appropriate oversight procedures are made pursuant to
board | 9 | | by-laws, rules and regulations, adopted as herein provided, | 10 | | except that
the board may not delegate its authorities and | 11 | | responsibilities regarding (1)
budget approval obligations; | 12 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 13 | | real estate acquisition, sale or lease in excess of 10 years
as | 14 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 15 | | mandates
imposed upon the board by "An Act in relation to | 16 | | school reform in cities over
500,000, amending Acts herein | 17 | | named", approved December 12, 1988 (P.A.
85-1418). | 18 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 19 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 20 | | 7-13-12.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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