Full Text of HB3979 93rd General Assembly
HB3979eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by adding Section | 5 |
| 2-3.134 and changing
Sections 10-22.6 and 34-19 as follows:
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| (105 ILCS 5/2-3.134 new)
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| Sec. 2-3.134. Community-based education programs; | 8 |
| suspended
students. The State Board of Education shall issue | 9 |
| vendor numbers to
community-based education programs that the | 10 |
| State Board of Education
has approved to educate students that | 11 |
| have been suspended from public
school. The State Board of | 12 |
| Education may adopt any rules necessary to
implement this | 13 |
| Section.
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 16 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 18 |
| misconduct, and
no action shall lie against them for such | 19 |
| expulsion. Expulsion shall
take place only after the parents | 20 |
| have been requested to appear at a
meeting of the board, or | 21 |
| with a hearing officer appointed by it, to
discuss their | 22 |
| child's behavior. Such request shall be made by registered
or | 23 |
| certified mail and shall state the time, place and purpose of | 24 |
| the
meeting. The board, or a hearing officer appointed by it, | 25 |
| at such
meeting shall state the reasons for dismissal and the | 26 |
| date on which the
expulsion is to become effective. If a | 27 |
| hearing officer is appointed by
the board he shall report to | 28 |
| the board a written summary of the evidence
heard at the | 29 |
| meeting and the board may take such action thereon as it
finds | 30 |
| appropriate.
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| (b) To suspend or by regulation to authorize the |
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| superintendent of
the district or the principal, assistant | 2 |
| principal, or dean of students
of any school to suspend pupils | 3 |
| guilty of gross disobedience or misconduct, or
to suspend | 4 |
| pupils guilty of gross disobedience or misconduct on the school | 5 |
| bus
from riding the school bus, and no action
shall lie against | 6 |
| them for such suspension. The board may by regulation
authorize | 7 |
| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 9 |
| guilty of such acts for a period not to exceed
10 school days. | 10 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 12 |
| 10
school
days for safety reasons. Any suspension shall be | 13 |
| reported immediately to the
parents or guardian of such pupil | 14 |
| along with a full statement of the
reasons for such suspension | 15 |
| and a notice of their right to a review, a
copy of which shall | 16 |
| be given to the school board. Upon request of the
parents or | 17 |
| guardian the school board or a hearing officer appointed by
it | 18 |
| shall review such action of the superintendent or principal, | 19 |
| assistant
principal, or dean of students. At such
review the | 20 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 22 |
| officer
is appointed by the board he shall report to the board | 23 |
| a written summary
of the evidence heard at the meeting. After | 24 |
| its hearing or upon receipt
of the written report of its | 25 |
| hearing officer, the board may take such
action as it finds | 26 |
| appropriate.
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| (c) The Department of Human Services
shall be invited to | 28 |
| send a representative to consult with the board at
such meeting | 29 |
| whenever there is evidence that mental illness may be the
cause | 30 |
| for expulsion or suspension.
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| (d) The board may expel a student for a definite period of | 32 |
| time not to
exceed 2 calendar years, as determined on a case by | 33 |
| case basis.
A student who
is determined to have brought a | 34 |
| weapon to school, any school-sponsored activity
or event, or
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| any activity or event which bears a reasonable relationship to | 36 |
| school shall
be expelled for a period of not less than
one |
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| year, except that the expulsion period may be modified by the
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| superintendent, and the superintendent's determination may be | 3 |
| modified by
the board
on a case by case basis. For the purpose | 4 |
| of this Section, the term "weapon"
means (1)
possession,
use, | 5 |
| control, or transfer of any gun, rifle, shotgun, weapon as
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| defined by Section 921 of Title 18, United States Code, firearm | 7 |
| as
defined in Section 1.1 of the Firearm Owners Identification | 8 |
| Act, or use of
a weapon as defined in Section 24-1 of the | 9 |
| Criminal Code, (2) any other
object if used or attempted to be | 10 |
| used to cause bodily harm, including but not
limited to, | 11 |
| knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | 12 |
| any weapon as defined in this
Section. Expulsion
or suspension
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| shall be construed in a
manner consistent with the Federal | 14 |
| Individuals with Disabilities Education
Act. A student who is | 15 |
| subject to suspension or expulsion as provided in this
Section | 16 |
| may be eligible for a transfer to an alternative school program | 17 |
| in
accordance with Article 13A of the School Code. The | 18 |
| provisions of this
subsection (d) apply in all school | 19 |
| districts,
including special charter districts and districts | 20 |
| organized under Article 34.
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| (e) To maintain order and security in the schools, school | 22 |
| authorities may
inspect and search places and areas such as | 23 |
| lockers, desks, parking lots, and
other school property and | 24 |
| equipment owned or controlled by the school, as well
as | 25 |
| personal effects left in those places and areas by students, | 26 |
| without notice
to or the consent of the student, and without a | 27 |
| search warrant. As a matter of
public policy, the General | 28 |
| Assembly finds that students have no reasonable
expectation of | 29 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 31 |
| the assistance
of law enforcement officials for the purpose of | 32 |
| conducting inspections and
searches of lockers, desks, parking | 33 |
| lots, and other school property and
equipment owned or | 34 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 36 |
| searches conducted
through the use of specially trained dogs. |
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| If a search conducted in accordance
with this Section produces | 2 |
| evidence that the student has violated or is
violating either | 3 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and | 5 |
| disciplinary action may
be taken. School authorities may also | 6 |
| turn over such evidence to law
enforcement authorities. The | 7 |
| provisions of this subsection (e) apply in all
school | 8 |
| districts, including special charter districts and districts | 9 |
| organized
under Article 34.
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| (f) Suspension or expulsion may include suspension or | 11 |
| expulsion from
school and all school activities and a | 12 |
| prohibition from being present on school
grounds.
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| (g) A school district may adopt a policy providing that if | 14 |
| a student
is suspended or expelled for any reason from any | 15 |
| public or private school
in this or any other state, the | 16 |
| student must complete the entire term of
the suspension or | 17 |
| expulsion before being admitted into the school
district. This | 18 |
| policy may allow placement of the student in an alternative
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| school program established under Article 13A of this Code, if | 20 |
| available, for
the
remainder of the suspension or expulsion. | 21 |
| This subsection (g) applies to
all school districts, including | 22 |
| special charter districts and districts
organized under | 23 |
| Article 34 of this Code.
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| (h) If a pupil is suspended for one or more school days, | 25 |
| then, for that
period of suspension, the pupil's
parent or | 26 |
| guardian may place the pupil in a community-based
education | 27 |
| program approved by the State Board of Education under Section
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| 2-3.134 of this Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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| Sec. 34-19. By-laws, rules and regulations; business | 32 |
| transacted at
regular meetings; voting; records. The board | 33 |
| shall, subject to the limitations
in this Article, establish | 34 |
| by-laws, rules and regulations, which shall have the
force of | 35 |
| ordinances, for the proper maintenance of a uniform system of
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| discipline for both employees and pupils, and for the entire | 2 |
| management of the
schools, and may fix the school age of | 3 |
| pupils, the minimum of which in
kindergartens shall not be | 4 |
| under 4 years and in grade schools shall not be
under 6 years. | 5 |
| It may expel, suspend or, subject to the limitations of all
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| policies established or adopted under Section 14-8.05, | 7 |
| otherwise discipline any
pupil found guilty of gross | 8 |
| disobedience, misconduct or other violation of the
by-laws, | 9 |
| rules and regulations.
If a pupil is suspended for one or more | 10 |
| school days, then, for that period of
suspension, the pupil's | 11 |
| parent or
guardian may place the pupil in a community-based | 12 |
| education
program approved by the State Board of Education | 13 |
| under Section 2-3.134 of this Code.
The bylaws, rules and | 14 |
| regulations of the board
shall be enacted, money shall be | 15 |
| appropriated or expended, salaries shall be
fixed or changed, | 16 |
| and textbooks and courses of instruction shall be adopted or
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| changed only at the regular meetings of the board and by a vote | 18 |
| of a
majority of the full membership of the board; provided | 19 |
| that
notwithstanding any other provision of this Article or the | 20 |
| School Code,
neither the board or any local school council may | 21 |
| purchase any textbook for use
in any public school of the
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| district from any textbook publisher that fails to furnish any | 23 |
| computer
diskettes as required under Section 28-21. The board | 24 |
| shall be further
encouraged to provide opportunities for public | 25 |
| hearing and testimony before
the adoption of bylaws, rules and | 26 |
| regulations. Upon all propositions
requiring for their | 27 |
| adoption at least a majority of all the members of the
board | 28 |
| the yeas and nays shall be taken and reported. The by-laws, | 29 |
| rules and
regulations of the board shall not be repealed, | 30 |
| amended or added to, except
by a vote of 2/3 of the full | 31 |
| membership of the board. The board shall keep
a record of all | 32 |
| its proceedings. Such records and all
by-laws, rules and | 33 |
| regulations, or parts thereof, may be proved by a copy
thereof | 34 |
| certified to be such by the secretary of the board, but if they | 35 |
| are
printed in book or pamphlet form which are purported to be | 36 |
| published by
authority of the board they need not be otherwise |
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| published and the book or
pamphlet shall be received as | 2 |
| evidence, without further proof, of the
records, by-laws, rules | 3 |
| and regulations, or any part thereof, as of the
dates thereof | 4 |
| as shown in such book or pamphlet, in all courts and places
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| where judicial proceedings are had.
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| 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).
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| (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and | 25 |
| 8 of this
Act, no reimbursement by the State is required for | 26 |
| the implementation of
any mandate created by this amendatory | 27 |
| Act of the 93rd General Assembly.
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| Section 99. Effective date. This Act takes effect July 1, | 29 |
| 2004. |
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