Full Text of SB3579 100th General Assembly
SB3579 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3579 Introduced 2/16/2018, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | 105 ILCS 5/26-2a | from Ch. 122, par. 26-2a | 105 ILCS 5/26-19 new | |
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Amends the School Code. Requires a school district to make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the appropriate and available supportive services for the promotion of student attendance and engagement. In the Article governing compulsory attendance of pupils, provides that the term "valid cause" for absence incudes when a person who has custody or control of a child withholds the child from school due to a bona fide dispute over special education services or placement that is being addressed through the child's individualized education program, federal Section 504 plan, mediation, or a due process hearing. Provides that a school district may not refer a truant, chronic truant, or truant minor to any other local public entity for the purpose of issuing the child a fine or fee as punishment for the child's absence from school; defines "local public entity." Allows a school district to refer any person having custody or control of a truant, chronic truant, or truant minor to a local public entity for the purpose of issuing the child a fine or fee for the child's absence from school if all appropriate and available supportive services have been exhausted and the person has knowingly and willfully permitted the child's truant behavior to continue.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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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 changing Sections | 5 | | 10-22.6 and 26-2a and by adding Section 26-19 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, pursuant to subsection (b-20) | 12 | | of this Section, and
no action shall lie against them for such | 13 | | expulsion. Expulsion shall
take place only after the parents | 14 | | have been requested to appear at a
meeting of the board, or | 15 | | with a hearing officer appointed by it, to
discuss their | 16 | | child's behavior. Such request shall be made by registered
or | 17 | | certified mail and shall state the time, place and purpose of | 18 | | the
meeting. The board, or a hearing officer appointed by it, | 19 | | at such
meeting shall state the reasons for dismissal and the | 20 | | date on which the
expulsion is to become effective. If a | 21 | | hearing officer is appointed by
the board , he shall report to | 22 | | the board a written summary of the evidence
heard at the | 23 | | meeting and the board may take such action thereon as it
finds |
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| 1 | | appropriate. If the board acts to expel a pupil, the written | 2 | | expulsion decision shall detail the specific reasons why | 3 | | removing the pupil from the learning environment is in the best | 4 | | interest of the school. The expulsion decision shall also | 5 | | include a rationale as to the specific duration of the | 6 | | expulsion. An expelled pupil may be immediately transferred to | 7 | | an alternative program in the manner provided in Article 13A or | 8 | | 13B of this Code. A pupil must not be denied transfer because | 9 | | of the expulsion, except in cases in which such transfer is | 10 | | deemed to cause a threat to the safety of students or staff in | 11 | | the alternative program.
| 12 | | (b) To suspend or by policy to authorize the superintendent | 13 | | of
the district or the principal, assistant principal, or dean | 14 | | of students
of any school to suspend pupils guilty of gross | 15 | | disobedience or misconduct, or
to suspend pupils guilty of | 16 | | gross disobedience or misconduct on the school bus
from riding | 17 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 18 | | this Section, and no action
shall lie against them for such | 19 | | suspension. The board may by policy
authorize the | 20 | | superintendent of the district or the principal, assistant
| 21 | | principal, or dean of students of any
school to suspend pupils | 22 | | guilty of such acts for a period not to exceed
10 school days. | 23 | | If a pupil is suspended due to gross disobedience or misconduct
| 24 | | on a school bus, the board may suspend the pupil in excess of | 25 | | 10
school
days for safety reasons. | 26 | | Any suspension shall be reported immediately to the
parents |
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| 1 | | or guardian of a pupil along with a full statement of the
| 2 | | reasons for such suspension and a notice of their right to a | 3 | | review. The school board must be given a summary of the notice, | 4 | | including the reason for the suspension and the suspension | 5 | | length. Upon request of the
parents or guardian , the school | 6 | | board or a hearing officer appointed by
it shall review such | 7 | | action of the superintendent or principal, assistant
| 8 | | principal, or dean of students. At such
review , the parents or | 9 | | guardian of the pupil may appear and discuss the
suspension | 10 | | with the board or its hearing officer. If a hearing officer
is | 11 | | appointed by the board , he shall report to the board a written | 12 | | summary
of the evidence heard at the meeting. After its hearing | 13 | | or upon receipt
of the written report of its hearing officer, | 14 | | the board may take such
action as it finds appropriate. If a | 15 | | student is suspended pursuant to this subsection (b), the board | 16 | | shall, in the written suspension decision, detail the specific | 17 | | act of gross disobedience or misconduct resulting in the | 18 | | decision to suspend. The suspension decision shall also include | 19 | | a rationale as to the specific duration of the suspension. A | 20 | | pupil who is suspended in excess of 20 school days may be | 21 | | immediately transferred to an alternative program in the manner | 22 | | provided in Article 13A or 13B of this Code. A pupil must not | 23 | | be denied transfer because of the suspension, except in cases | 24 | | in which such transfer is deemed to cause a threat to the | 25 | | safety of students or staff in the alternative program.
| 26 | | (b-5) Among the many possible disciplinary interventions |
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| 1 | | and consequences available to school officials, school | 2 | | exclusions, such as out-of-school suspensions and expulsions, | 3 | | are the most serious. School officials shall limit the number | 4 | | and duration of expulsions and suspensions to the greatest | 5 | | extent practicable, and it is recommended that they use them | 6 | | only for legitimate educational purposes. To ensure that | 7 | | students are not excluded from school unnecessarily, it is | 8 | | recommended that school officials consider forms of | 9 | | non-exclusionary discipline prior to using out-of-school | 10 | | suspensions or expulsions. | 11 | | (b-10) Unless otherwise required by federal law or this | 12 | | Code, school boards may not institute zero-tolerance policies | 13 | | by which school administrators are required to suspend or expel | 14 | | students for particular behaviors. | 15 | | (b-15) Out-of-school suspensions of 3 days or less may be | 16 | | used only if the student's continuing presence in school would | 17 | | pose a threat to school safety or a disruption to other | 18 | | students' learning opportunities. For purposes of this | 19 | | subsection (b-15), "threat to school safety or a disruption to | 20 | | other students' learning opportunities" shall be determined on | 21 | | a case-by-case basis by the school board or its designee. | 22 | | School officials shall make all reasonable efforts to resolve | 23 | | such threats, address such disruptions, and minimize the length | 24 | | of suspensions to the greatest extent practicable. | 25 | | (b-20) Unless otherwise required by this Code, | 26 | | out-of-school suspensions of longer than 3 days, expulsions, |
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| 1 | | and disciplinary removals to alternative schools may be used | 2 | | only if other appropriate and available behavioral and | 3 | | disciplinary interventions have been exhausted and the | 4 | | student's continuing presence in school would either (i) pose a
| 5 | | threat to the safety of other students, staff, or members of
| 6 | | the school community or (ii) substantially disrupt, impede, or
| 7 | | interfere with the operation of the school. For purposes of | 8 | | this subsection (b-20), "threat to the safety of other | 9 | | students, staff, or members of the school community" and | 10 | | "substantially disrupt, impede, or interfere with the | 11 | | operation of the school" shall be determined on a case-by-case | 12 | | basis by school officials. For purposes of this subsection | 13 | | (b-20), the determination of whether "appropriate and | 14 | | available behavioral and disciplinary interventions have been | 15 | | exhausted" shall be made by school officials. School officials | 16 | | shall make all reasonable efforts to resolve such threats, | 17 | | address such disruptions, and minimize the length of student | 18 | | exclusions to the greatest extent practicable. Within the | 19 | | suspension decision described in subsection (b) of this Section | 20 | | or the expulsion decision described in subsection (a) of this | 21 | | Section, it shall be documented whether other interventions | 22 | | were attempted or whether it was determined that there were no | 23 | | other appropriate and available interventions. | 24 | | (b-25) Students who are suspended out-of-school for longer | 25 | | than 4 school days shall be provided appropriate and available | 26 | | support services during the period of their suspension. For |
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| 1 | | purposes of this subsection (b-25), "appropriate and available | 2 | | support services" shall be determined by school authorities. | 3 | | Within the suspension decision described in subsection (b) of | 4 | | this Section, it shall be documented whether such services are | 5 | | to be provided or whether it was determined that there are no | 6 | | such appropriate and available services. | 7 | | A school district may refer students who are expelled to | 8 | | appropriate and available support services. | 9 | | A school district shall create a policy to facilitate the | 10 | | re-engagement of students who are suspended out-of-school, | 11 | | expelled, or returning from an alternative school setting. | 12 | | (b-30) A school district shall create a policy by which | 13 | | suspended pupils, including those pupils suspended from the | 14 | | school bus who do not have alternate transportation to school, | 15 | | shall have the opportunity to make up work for equivalent | 16 | | academic credit. It shall be the responsibility of a pupil's | 17 | | parent or guardian to notify school officials that a pupil | 18 | | suspended from the school bus does not have alternate | 19 | | transportation to school. | 20 | | (c) The Department of Human Services
shall be invited to | 21 | | send a representative to consult with the board at
such meeting | 22 | | whenever there is evidence that mental illness may be the
cause | 23 | | for expulsion or suspension.
| 24 | | (c-5) School districts shall make reasonable efforts to | 25 | | provide ongoing professional development to teachers, | 26 | | administrators, school board members, school resource |
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| 1 | | officers, and staff on the adverse consequences of school | 2 | | exclusion and justice-system involvement, effective classroom | 3 | | management strategies, culturally responsive discipline, the | 4 | | appropriate and available supportive services for the | 5 | | promotion of student attendance and engagement, and | 6 | | developmentally appropriate disciplinary methods that promote | 7 | | positive and healthy school climates. | 8 | | (d) The board may expel a student for a definite period of | 9 | | time not to
exceed 2 calendar years, as determined on a | 10 | | case-by-case case by case basis.
A student who
is determined to | 11 | | have brought one of the following objects to school, any | 12 | | school-sponsored activity
or event, or any activity or event | 13 | | that bears a reasonable relationship to school shall be | 14 | | expelled for a period of not less than
one year: | 15 | | (1) A firearm. For the purposes of this Section, | 16 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 17 | | by Section 921 of Title 18 of the United States Code, | 18 | | firearm as defined in Section 1.1 of the Firearm Owners | 19 | | Identification Card Act, or firearm as defined in Section | 20 | | 24-1 of the Criminal Code of 2012. The expulsion period | 21 | | under this subdivision (1) may be modified by the | 22 | | superintendent, and the superintendent's determination may | 23 | | be modified by the board on a case-by-case basis. | 24 | | (2) A knife, brass knuckles or other knuckle weapon | 25 | | regardless of its composition, a billy club, or any other | 26 | | object if used or attempted to be used to cause bodily |
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| 1 | | harm, including "look alikes" of any firearm as defined in | 2 | | subdivision (1) of this subsection (d). The expulsion | 3 | | requirement under this subdivision (2) may be modified by | 4 | | the superintendent, and the superintendent's determination | 5 | | may be modified by the board on a case-by-case basis. | 6 | | Expulsion
or suspension
shall be construed in a
manner | 7 | | consistent with the Federal Individuals with Disabilities | 8 | | Education
Act. A student who is subject to suspension or | 9 | | expulsion as provided in this
Section may be eligible for a | 10 | | transfer to an alternative school program in
accordance with | 11 | | Article 13A of the School Code.
| 12 | | (d-5) The board may suspend or by regulation
authorize the | 13 | | superintendent of the district or the principal, assistant
| 14 | | principal, or dean of students of any
school to suspend a | 15 | | student for a period not to exceed
10 school days or may expel | 16 | | a student for a definite period of time not to
exceed 2 | 17 | | calendar years, as determined on a case-by-case case by case | 18 | | basis, if (i) that student has been determined to have made an | 19 | | explicit threat on an Internet website against a school | 20 | | employee, a student, or any school-related personnel, (ii) the | 21 | | Internet website through which the threat was made is a site | 22 | | that was accessible within the school at the time the threat | 23 | | was made or was available to third parties who worked or | 24 | | studied within the school grounds at the time the threat was | 25 | | made, and (iii) the threat could be reasonably interpreted as | 26 | | threatening to the safety and security of the threatened |
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| 1 | | individual because of his or her duties or employment status or | 2 | | status as a student inside the school.
| 3 | | (e) To maintain order and security in the schools, school | 4 | | authorities may
inspect and search places and areas such as | 5 | | lockers, desks, parking lots, and
other school property and | 6 | | equipment owned or controlled by the school, as well
as | 7 | | personal effects left in those places and areas by students, | 8 | | without notice
to or the consent of the student, and without a | 9 | | search warrant. As a matter of
public policy, the General | 10 | | Assembly finds that students have no reasonable
expectation of | 11 | | privacy in these places and areas or in their personal effects
| 12 | | left in these places and areas. School authorities may request | 13 | | the assistance
of law enforcement officials for the purpose of | 14 | | conducting inspections and
searches of lockers, desks, parking | 15 | | lots, and other school property and
equipment owned or | 16 | | controlled by the school for illegal drugs, weapons, or
other
| 17 | | illegal or dangerous substances or materials, including | 18 | | searches conducted
through the use of specially trained dogs. | 19 | | If a search conducted in accordance
with this Section produces | 20 | | evidence that the student has violated or is
violating either | 21 | | the law, local ordinance, or the school's policies or rules,
| 22 | | such evidence may be seized by school authorities, and | 23 | | disciplinary action may
be taken. School authorities may also | 24 | | turn over such evidence to law
enforcement authorities.
| 25 | | (f) Suspension or expulsion may include suspension or | 26 | | expulsion from
school and all school activities and a |
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| 1 | | prohibition from being present on school
grounds.
| 2 | | (g) A school district may adopt a policy providing that if | 3 | | a student
is suspended or expelled for any reason from any | 4 | | public or private school
in this or any other state, the | 5 | | student must complete the entire term of
the suspension or | 6 | | expulsion in an alternative school program under Article 13A of | 7 | | this Code or an alternative learning opportunities program | 8 | | under Article 13B of this Code before being admitted into the | 9 | | school
district if there is no threat to the safety of students | 10 | | or staff in the alternative program.
| 11 | | (h) School officials shall not advise or encourage students | 12 | | to drop out voluntarily due to behavioral or academic | 13 | | difficulties. | 14 | | (i) A student may not be issued a monetary fine or fee as a | 15 | | disciplinary consequence, though this shall not preclude | 16 | | requiring a student to provide restitution for lost, stolen, or | 17 | | damaged property. | 18 | | (j) Subsections (a) through (i) of this Section shall apply | 19 | | to elementary and secondary schools, charter schools, special | 20 | | charter districts, and school districts organized under | 21 | | Article 34 of this Code. | 22 | | (k) The expulsion of children enrolled in programs funded | 23 | | under Section 1C-2 of this Code is subject to the requirements | 24 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 25 | | Code. | 26 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; |
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| 1 | | revised 1-22-18.)
| 2 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 3 | | Sec. 26-2a. A "truant" is defined as a child subject to | 4 | | compulsory school
attendance and who is absent without valid | 5 | | cause from such attendance for
a school day or portion thereof. | 6 | | "Valid cause" for absence shall be illness, observance of a | 7 | | religious
holiday, death in the immediate family,
family | 8 | | emergency, or when a person who has custody or control of a | 9 | | child withholds the child from school due to a bona fide | 10 | | dispute over special education services or placement that is | 11 | | being addressed through the child's individualized education | 12 | | program, federal Section 504 plan, mediation, or a due process | 13 | | hearing and shall include such other situations beyond the | 14 | | control
of the student , as determined by the board of education | 15 | | in each district,
or such other circumstances which cause | 16 | | reasonable concern to the parent
for the safety or health of | 17 | | the student. | 18 | | "Chronic or habitual truant" shall be defined as a child | 19 | | who is subject to compulsory
school attendance and who is | 20 | | absent without valid cause from such attendance
for 5% or more | 21 | | of the previous 180 regular attendance days. | 22 | | "Truant minor" is defined as a chronic truant to whom | 23 | | supportive
services, including prevention, diagnostic, | 24 | | intervention and remedial
services, alternative programs and | 25 | | other school and community resources
have been provided and |
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| 1 | | have failed to result in the cessation of chronic
truancy, or | 2 | | have been offered and refused. | 3 | | A "dropout" is defined as any child enrolled in grades 9 | 4 | | through 12 whose
name has been removed from the district | 5 | | enrollment roster for any reason
other than the student's | 6 | | death, extended illness, removal for medical non-compliance, | 7 | | expulsion, aging out, graduation, or completion of a
program of | 8 | | studies and who has not transferred to another public or | 9 | | private school and is not known to be home-schooled by his or | 10 | | her parents or guardians or continuing school in another | 11 | | country. | 12 | | "Religion" for the purposes of this Article, includes all | 13 | | aspects of
religious observance and practice, as well as | 14 | | belief. | 15 | | (Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.) | 16 | | (105 ILCS 5/26-19 new) | 17 | | Sec. 26-19. Truant, chronic truant, truant minor; fine. | 18 | | (a) In this Section, "local public entity" has the meaning | 19 | | given to that term under Section 1-206 of the Local | 20 | | Governmental and Governmental Employees Tort Immunity Act. | 21 | | (b) A school district may not refer a truant, chronic | 22 | | truant, or truant minor to any other local public entity for | 23 | | the purpose of issuing the child a fine or a fee as punishment | 24 | | for the child's absence from school. | 25 | | (c) A school district may refer any person having custody |
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| 1 | | or control of a truant, chronic truant, or truant minor to a | 2 | | local public entity for the purpose of issuing the child a fine | 3 | | or fee for the child's absence from school if all appropriate | 4 | | and available supportive services have been exhausted and the | 5 | | person has knowingly and willfully permitted the child's truant | 6 | | behavior to continue. A school district may not refer a person | 7 | | having custody or control of a child to any other local public | 8 | | entity under this subsection (c) if the child has a valid cause | 9 | | for the absence, as defined under Section 26-2a of this Code. | 10 | | (d) Appropriate and available supportive services may be | 11 | | provided through a school district, a regional office of | 12 | | education, or any other outside agency. Appropriate and | 13 | | available supportive services for a child, a person having | 14 | | custody or control of a child, or both, must include, all of | 15 | | the following: | 16 | | (1) Three notices over the course of one month | 17 | | utilizing at least 2 means of communication to the person | 18 | | having custody or control of the child and, to the extent | 19 | | practicable, in a language that person can understand | 20 | | stating all of the following: | 21 | | (A) The date that attendance at school must begin. | 22 | | (B) That attendance must be continuous and | 23 | | consecutive for the remainder of the school year. | 24 | | (C) The number of days that the child has not | 25 | | attended. | 26 | | (D) Should the truant behavior continue, the |
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| 1 | | person having custody or control of the child shall | 2 | | attend a meeting and may be subject to a fine. | 3 | | (2) a meeting between the child, the person having | 4 | | custody or control of the child, and relevant school | 5 | | personnel to discuss the causes of the child's absence from | 6 | | school and determine the services necessary to improve | 7 | | attendance. For any child who is a homeless child, as | 8 | | defined under Section 1-5 of the Education for Homeless | 9 | | Children Act, the meeting must include a homeless liaison, | 10 | | a discussion of any barriers to attendance due to the | 11 | | transitional living situation, and the construction of a | 12 | | plan that removes those barriers. For any child with a | 13 | | documented disability, the meeting must include a review of | 14 | | the child's current needs and address the appropriateness | 15 | | of the child's placement and services. For any child | 16 | | subject to Article 14 of this Code, this meeting shall be | 17 | | an individualized education program meeting and shall | 18 | | include all members of the individualized education | 19 | | program team. For any child with a disability under Section | 20 | | 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. | 21 | | 794), this meeting shall be a Section 504 plan review and | 22 | | include all members of the Section 504 plan team. No | 23 | | meeting shall occur for any child currently being evaluated | 24 | | by a school district for a disability or for whom the | 25 | | school has a basis of knowledge that the child is a child | 26 | | with a disability pursuant to 34 CFR 300.534, adopted under |
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| 1 | | 20 U.S.C. 1415, until after the evaluation has been | 2 | | completed and the child's eligibility for special | 3 | | education services has been determined. | 4 | | (3) Reasonable efforts by a school district to convene | 5 | | any meetings under this Section at a mutually convenient | 6 | | time and date for the school district and for the person | 7 | | having custody or control of the child. | 8 | | (e) Appropriate and available supportive services for the | 9 | | child, the person having custody or control of the child, or | 10 | | both, may include, but are not limited to, any of the | 11 | | following: | 12 | | (1) Case management. | 13 | | (2) Housing assistance. | 14 | | (3) Homeless prevention funding. | 15 | | (4) Domestic violence counseling. | 16 | | (5) Individual or family counseling. | 17 | | (6) Parental support. | 18 | | (7) Parental training. | 19 | | (8) Trauma support services. | 20 | | (9) Mental health services. | 21 | | (10) Physical health services. | 22 | | (11) Substance abuse treatment services. | 23 | | (12) Social service programs. | 24 | | (13) Child care. | 25 | | (14) Transportation to and from school. | 26 | | (15) School fee waivers. |
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| 1 | | (16) Provisions of school supplies, uniforms, and | 2 | | appropriate outerwear, as needed. | 3 | | (17) Assistance with summer school or credit recovery | 4 | | online. | 5 | | (f) Before a school district may refer a person having | 6 | | custody or control of a child to a local public entity under | 7 | | this Section, the school district must have documentation that | 8 | | it has complied with the requirements under subsection (c) of | 9 | | this Section and detailing any additional appropriate and | 10 | | available services provided under subsection (e) of this | 11 | | Section. In the event a meeting under this Section does not | 12 | | occur, a school district must have documentation that it made | 13 | | reasonable efforts to convene the meeting at a mutually | 14 | | convenient time and date for the school district and the person | 15 | | having custody or control of the child and, but for the conduct | 16 | | of that person, the meeting would have occurred.
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