Full Text of HB6019 099th General Assembly
HB6019 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6019 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-20.14 | from Ch. 122, par. 10-20.14 | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | 105 ILCS 5/13A-4 | | 105 ILCS 5/13B-20.25 | | 105 ILCS 5/26-2 | from Ch. 122, par. 26-2 | 105 ILCS 5/26-16 | | 105 ILCS 5/27A-5 | | 105 ILCS 5/34-2.3 | from Ch. 122, par. 34-2.3 | 105 ILCS 5/34-18.50 new | | 105 ILCS 5/34-19 | from Ch. 122, par. 34-19 |
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Amends the School Code. Makes changes concerning the suspension and expulsion of pupils to provide that certain provisions apply only to the Chicago school district (excluding charter schools in that district), including provisions concerning the content of a written expulsion or suspension decision, limiting suspensions, expulsions, and disciplinary removals to alternative schools, referrals to support services, a student re-engagement policy, and making up work for academic credit. Makes related changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 changing Sections | 5 | | 10-20.14, 10-22.6, 13A-4, 13B-20.25, 26-2, 26-16, 27A-5, | 6 | | 34-2.3, and 34-19 and by adding Section 34-18.50 as follows:
| 7 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
| 8 | | (Text of Section before amendment by P.A. 99-456 ) | 9 | | Sec. 10-20.14. Student discipline policies; parent-teacher | 10 | | advisory
committee.
| 11 | | (a) To establish and maintain
a parent-teacher advisory | 12 | | committee to develop with the school board
policy guidelines on | 13 | | pupil discipline, including school searches, to
furnish a copy | 14 | | of the
policy to the parents or guardian of each pupil within | 15 | | 15 days after
the beginning of the school year, or within 15 | 16 | | days after starting classes
for a pupil who transfers into the | 17 | | district during the school year, and to
require that each | 18 | | school informs its pupils of the contents of its policy.
School | 19 | | boards, along with the parent-teacher advisory committee, are
| 20 | | encouraged to annually review their pupil discipline policies, | 21 | | the
implementation of those policies, and any other factors | 22 | | related to the safety
of their
schools, pupils, and staff.
| 23 | | (b) The parent-teacher advisory
committee in cooperation |
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| 1 | | with local law enforcement agencies shall develop,
with the | 2 | | school board, policy guideline procedures to
establish
and | 3 | | maintain a reciprocal reporting system between the school | 4 | | district and
local law enforcement agencies regarding criminal | 5 | | offenses committed by
students.
| 6 | | (c) The parent-teacher advisory committee, in cooperation | 7 | | with school bus
personnel, shall develop, with the school | 8 | | board, policy guideline procedures to
establish and maintain | 9 | | school bus safety procedures. These procedures shall be
| 10 | | incorporated into the district's pupil discipline policy.
| 11 | | (d) The school board, in consultation with the | 12 | | parent-teacher
advisory committee and other community-based | 13 | | organizations, must include
provisions in the student | 14 | | discipline
policy to address students who have demonstrated | 15 | | behaviors that put them at
risk for aggressive behavior, | 16 | | including without limitation bullying, as
defined in the | 17 | | policy. These provisions must include
procedures for notifying | 18 | | parents or legal guardians and
early intervention procedures
| 19 | | based upon available community-based and district resources.
| 20 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.) | 21 | | (Text of Section after amendment by P.A. 99-456 ) | 22 | | Sec. 10-20.14. Student discipline policies; parent-teacher | 23 | | advisory
committee. | 24 | | (a) To establish and maintain
a parent-teacher advisory | 25 | | committee to develop with the school board or governing body of |
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| 1 | | a charter school
policy guidelines on pupil discipline, | 2 | | including school searches and bullying prevention as set forth | 3 | | in Section 27-23.7 of this Code. School authorities shall
| 4 | | furnish a copy of the
policy to the parents or guardian of each | 5 | | pupil within 15 days after
the beginning of the school year, or | 6 | | within 15 days after starting classes
for a pupil who transfers | 7 | | into the district during the school year, and the school board | 8 | | or governing body of a charter school shall
require that a | 9 | | school inform its pupils of the contents of the policy.
School | 10 | | boards and the governing bodies of charter schools, along with | 11 | | the parent-teacher advisory committee, must annually review | 12 | | their pupil discipline policies, the
implementation of those | 13 | | policies, and any other factors related to the safety
of their
| 14 | | schools, pupils, and staff.
| 15 | | (a-5) On or before September 15, 2016, each elementary and | 16 | | secondary school and charter school shall, at a minimum, adopt | 17 | | pupil discipline policies that fulfill the requirements , as | 18 | | applicable, set forth in this Section, subsections (a) and (b) | 19 | | of Section 10-22.6 of this Code, Section 34-19 of this Code if | 20 | | applicable , and federal and State laws that provide special | 21 | | requirements for the discipline of students with disabilities. | 22 | | (b) The parent-teacher advisory
committee in cooperation | 23 | | with local law enforcement agencies shall develop,
with the | 24 | | school board, policy guideline procedures to
establish
and | 25 | | maintain a reciprocal reporting system between the school | 26 | | district and
local law enforcement agencies regarding criminal |
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| 1 | | offenses committed by
students. School districts are | 2 | | encouraged to create memoranda of understanding with local law | 3 | | enforcement agencies that clearly define law enforcement's | 4 | | role in schools, in accordance with Section 10-22.6 or 34-18.50 | 5 | | of this Code.
| 6 | | (c) The parent-teacher advisory committee, in cooperation | 7 | | with school bus
personnel, shall develop, with the school | 8 | | board, policy guideline procedures to
establish and maintain | 9 | | school bus safety procedures. These procedures shall be
| 10 | | incorporated into the district's pupil discipline policy.
| 11 | | (d) The school board, in consultation with the | 12 | | parent-teacher
advisory committee and other community-based | 13 | | organizations, must include
provisions in the student | 14 | | discipline
policy to address students who have demonstrated | 15 | | behaviors that put them at
risk for aggressive behavior, | 16 | | including without limitation bullying, as
defined in the | 17 | | policy. These provisions must include
procedures for notifying | 18 | | parents or legal guardians and
early intervention procedures
| 19 | | based upon available community-based and district resources.
| 20 | | (e) This Section applies to all school districts, including | 21 | | a district organized under Article 34 of this Code. | 22 | | (Source: P.A. 99-456, eff. 9-15-16.)
| 23 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 24 | | (Text of Section before amendment by P.A. 99-456 ) | 25 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
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| 1 | | searches.
| 2 | | (a) To expel pupils guilty of gross disobedience or | 3 | | misconduct, including gross disobedience or misconduct | 4 | | perpetuated by electronic means, and
no action shall lie | 5 | | against them for such expulsion. Expulsion shall
take place | 6 | | only after the parents have been requested to appear at a
| 7 | | meeting of the board, or with a hearing officer appointed by | 8 | | it, to
discuss their child's behavior. Such request shall be | 9 | | made by registered
or certified mail and shall state the time, | 10 | | place and purpose of the
meeting. The board, or a hearing | 11 | | officer appointed by it, at such
meeting shall state the | 12 | | reasons for dismissal and the date on which the
expulsion is to | 13 | | become effective. If a hearing officer is appointed by
the | 14 | | board he shall report to the board a written summary of the | 15 | | evidence
heard at the meeting and the board may take such | 16 | | action thereon as it
finds appropriate. An expelled pupil may | 17 | | be immediately transferred to an alternative program in the | 18 | | manner provided in Article 13A or 13B of this Code. A pupil | 19 | | must not be denied transfer because of the expulsion, except in | 20 | | cases in which such transfer is deemed to cause a threat to the | 21 | | safety of students or staff in the alternative program.
| 22 | | (b) To suspend or by policy to authorize the superintendent | 23 | | of
the district or the principal, assistant principal, or dean | 24 | | of students
of any school to suspend pupils guilty of gross | 25 | | disobedience or misconduct, or
to suspend pupils guilty of | 26 | | gross disobedience or misconduct on the school bus
from riding |
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| 1 | | the school bus, and no action
shall lie against them for such | 2 | | suspension. The board may by policy
authorize the | 3 | | superintendent of the district or the principal, assistant
| 4 | | principal, or dean of students of any
school to suspend pupils | 5 | | guilty of such acts for a period not to exceed
10 school days. | 6 | | If a pupil is suspended due to gross disobedience or misconduct
| 7 | | on a school bus, the board may suspend the pupil in excess of | 8 | | 10
school
days for safety reasons. Any suspension shall be | 9 | | reported immediately to the
parents or guardian of such pupil | 10 | | along with a full statement of the
reasons for such suspension | 11 | | and a notice of their right to a review. The school board must | 12 | | be given a summary of the notice, including the reason for the | 13 | | suspension and the suspension length. Upon request of the
| 14 | | parents or guardian the school board or a hearing officer | 15 | | appointed by
it shall review such action of the superintendent | 16 | | or principal, assistant
principal, or dean of students. At such
| 17 | | review the parents or guardian of the pupil may appear and | 18 | | discuss the
suspension with the board or its hearing officer. | 19 | | If a hearing officer
is appointed by the board he shall report | 20 | | to the board a written summary
of the evidence heard at the | 21 | | meeting. After its hearing or upon receipt
of the written | 22 | | report of its hearing officer, the board may take such
action | 23 | | as it finds appropriate. A pupil who is suspended in excess of | 24 | | 20 school days may be immediately transferred to an alternative | 25 | | program in the manner provided in Article 13A or 13B of this | 26 | | Code. A pupil must not be denied transfer because of the |
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| 1 | | suspension, except in cases in which such transfer is deemed to | 2 | | cause a threat to the safety of students or staff in the | 3 | | alternative program.
| 4 | | (c) The Department of Human Services
shall be invited to | 5 | | send a representative to consult with the board at
such meeting | 6 | | whenever there is evidence that mental illness may be the
cause | 7 | | for expulsion or suspension.
| 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 case by | 10 | | case basis.
A student who
is determined to have brought one of | 11 | | the following objects to school, any school-sponsored activity
| 12 | | or event, or any activity or event that bears a reasonable | 13 | | relationship to school shall be expelled for a period of not | 14 | | 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. The provisions of this
| 12 | | subsection (d) apply in all school districts,
including special | 13 | | charter districts and districts organized under Article 34.
| 14 | | (d-5) The board may suspend or by regulation
authorize the | 15 | | superintendent of the district or the principal, assistant
| 16 | | principal, or dean of students of any
school to suspend a | 17 | | student for a period not to exceed
10 school days or may expel | 18 | | a student for a definite period of time not to
exceed 2 | 19 | | calendar years, as determined on a case by case basis, if (i) | 20 | | that student has been determined to have made an explicit | 21 | | threat on an Internet website against a school employee, a | 22 | | student, or any school-related personnel, (ii) the Internet | 23 | | website through which the threat was made is a site that was | 24 | | accessible within the school at the time the threat was made or | 25 | | was available to third parties who worked or studied within the | 26 | | school grounds at the time the threat was made, and (iii) the |
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| 1 | | threat could be reasonably interpreted as threatening to the | 2 | | safety and security of the threatened individual because of his | 3 | | or her duties or employment status or status as a student | 4 | | inside the school. The provisions of this
subsection (d-5) | 5 | | apply in all school districts,
including special charter | 6 | | districts and districts organized under Article 34 of this | 7 | | Code.
| 8 | | (e) To maintain order and security in the schools, school | 9 | | authorities may
inspect and search places and areas such as | 10 | | lockers, desks, parking lots, and
other school property and | 11 | | equipment owned or controlled by the school, as well
as | 12 | | personal effects left in those places and areas by students, | 13 | | without notice
to or the consent of the student, and without a | 14 | | search warrant. As a matter of
public policy, the General | 15 | | Assembly finds that students have no reasonable
expectation of | 16 | | privacy in these places and areas or in their personal effects
| 17 | | left in these places and areas. School authorities may request | 18 | | the assistance
of law enforcement officials for the purpose of | 19 | | conducting inspections and
searches of lockers, desks, parking | 20 | | lots, and other school property and
equipment owned or | 21 | | controlled by the school for illegal drugs, weapons, or
other
| 22 | | illegal or dangerous substances or materials, including | 23 | | searches conducted
through the use of specially trained dogs. | 24 | | If a search conducted in accordance
with this Section produces | 25 | | evidence that the student has violated or is
violating either | 26 | | the law, local ordinance, or the school's policies or rules,
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| 1 | | such evidence may be seized by school authorities, and | 2 | | disciplinary action may
be taken. School authorities may also | 3 | | turn over such evidence to law
enforcement authorities. The | 4 | | provisions of this subsection (e) apply in all
school | 5 | | districts, including special charter districts and districts | 6 | | organized
under Article 34.
| 7 | | (f) Suspension or expulsion may include suspension or | 8 | | expulsion from
school and all school activities and a | 9 | | prohibition from being present on school
grounds.
| 10 | | (g) A school district may adopt a policy providing that if | 11 | | a student
is suspended or expelled for any reason from any | 12 | | public or private school
in this or any other state, the | 13 | | student must complete the entire term of
the suspension or | 14 | | expulsion in an alternative school program under Article 13A of | 15 | | this Code or an alternative learning opportunities program | 16 | | under Article 13B of this Code before being admitted into the | 17 | | school
district if there is no threat to the safety of students | 18 | | or staff in the alternative program. This subsection (g) | 19 | | applies to
all school districts, including special charter | 20 | | districts and districts
organized under Article 34 of this | 21 | | Code.
| 22 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 23 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 24 | | 97-1150, eff. 1-25-13.) | 25 | | (Text of Section after amendment by P.A. 99-456 ) |
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| 1 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 2 | | searches.
| 3 | | (a) To expel pupils guilty of gross disobedience or | 4 | | misconduct, including gross disobedience or misconduct | 5 | | perpetuated by electronic means, pursuant to subsection (b-20) | 6 | | of this Section, and
no action shall lie against them for such | 7 | | expulsion. Expulsion shall
take place only after the parents | 8 | | have been requested to appear at a
meeting of the board, or | 9 | | with a hearing officer appointed by it, to
discuss their | 10 | | child's behavior. Such request shall be made by registered
or | 11 | | certified mail and shall state the time, place and purpose of | 12 | | the
meeting. The board, or a hearing officer appointed by it, | 13 | | at such
meeting shall state the reasons for dismissal and the | 14 | | date on which the
expulsion is to become effective. If a | 15 | | hearing officer is appointed by
the board he shall report to | 16 | | the board a written summary of the evidence
heard at the | 17 | | meeting and the board may take such action thereon as it
finds | 18 | | appropriate. If the board acts to expel a pupil, the written | 19 | | expulsion decision shall detail the specific reasons why | 20 | | removing the pupil from the learning environment is in the best | 21 | | interest of the school. The expulsion decision shall also | 22 | | include a rationale as to the specific duration of the | 23 | | expulsion. An expelled pupil may be immediately transferred to | 24 | | an alternative program in the manner provided in Article 13A or | 25 | | 13B of this Code. A pupil must not be denied transfer because | 26 | | of the expulsion, except in cases in which such transfer is |
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| 1 | | deemed to cause a threat to the safety of students or staff in | 2 | | the alternative program.
| 3 | | (b) To suspend or by policy to authorize the superintendent | 4 | | of
the district or the principal, assistant principal, or dean | 5 | | of students
of any school to suspend pupils guilty of gross | 6 | | disobedience or misconduct, or
to suspend pupils guilty of | 7 | | gross disobedience or misconduct on the school bus
from riding | 8 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 9 | | this Section, and no action
shall lie against them for such | 10 | | suspension. The board may by policy
authorize the | 11 | | superintendent of the district or the principal, assistant
| 12 | | principal, or dean of students of any
school to suspend pupils | 13 | | guilty of such acts for a period not to exceed
10 school days. | 14 | | If a pupil is suspended due to gross disobedience or misconduct
| 15 | | on a school bus, the board may suspend the pupil in excess of | 16 | | 10
school
days for safety reasons. | 17 | | Any suspension shall be reported immediately to the
| 18 | | parents or guardian of a pupil along with a full statement of | 19 | | the
reasons for such suspension and a notice of their right to | 20 | | a review. The school board must be given a summary of the | 21 | | notice, including the reason for the suspension and the | 22 | | suspension length. Upon request of the
parents or guardian the | 23 | | school board or a hearing officer appointed by
it shall review | 24 | | such action of the superintendent or principal, assistant
| 25 | | principal, or dean of students. At such
review the parents or | 26 | | guardian of the pupil may appear and discuss the
suspension |
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| 1 | | with the board or its hearing officer. If a hearing officer
is | 2 | | appointed by the board he shall report to the board a written | 3 | | summary
of the evidence heard at the meeting. After its hearing | 4 | | or upon receipt
of the written report of its hearing officer, | 5 | | the board may take such
action as it finds appropriate. If a | 6 | | student is suspended pursuant to this subsection (b), the board | 7 | | shall, in the written suspension decision, detail the specific | 8 | | act of gross disobedience or misconduct resulting in the | 9 | | decision to suspend. The suspension decision shall also include | 10 | | a rationale as to the specific duration of the suspension. A | 11 | | pupil who is suspended in excess of 20 school days may be | 12 | | immediately transferred to an alternative program in the manner | 13 | | provided in Article 13A or 13B of this Code. A pupil must not | 14 | | be denied transfer because of the suspension, except in cases | 15 | | in which such transfer is deemed to cause a threat to the | 16 | | safety of students or staff in the alternative program.
| 17 | | (b-5) (Blank). Among the many possible disciplinary | 18 | | interventions and consequences available to school officials, | 19 | | school exclusions, such as out-of-school suspensions and | 20 | | expulsions, are the most serious. School officials shall limit | 21 | | the number and duration of expulsions and suspensions to the | 22 | | greatest extent practicable, and it is recommended that they | 23 | | use them only for legitimate educational purposes. To ensure | 24 | | that students are not excluded from school unnecessarily, it is | 25 | | recommended that school officials consider forms of | 26 | | non-exclusionary discipline prior to using out-of-school |
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| 1 | | suspensions or expulsions. | 2 | | (b-10) Unless otherwise required by federal law or this | 3 | | Code, school boards may not institute zero-tolerance policies | 4 | | by which school administrators are required to suspend or expel | 5 | | students for particular behaviors. | 6 | | (b-15) (Blank). Out-of-school suspensions of 3 days or less | 7 | | may be used only if the student's continuing presence in school | 8 | | would pose a threat to school safety or a disruption to other | 9 | | students' learning opportunities. For purposes of this | 10 | | subsection (b-15), "threat to school safety or a disruption to | 11 | | other students' learning opportunities" shall be determined on | 12 | | a case-by-case basis by the school board or its designee. | 13 | | School officials shall make all reasonable efforts to resolve | 14 | | such threats, address such disruptions, and minimize the length | 15 | | of suspensions to the greatest extent practicable. | 16 | | (b-20) (Blank). Unless otherwise required by this Code, | 17 | | out-of-school suspensions of longer than 3 days, expulsions, | 18 | | and disciplinary removals to alternative schools may be used | 19 | | only if other appropriate and available behavioral and | 20 | | disciplinary interventions have been exhausted and the | 21 | | student's continuing presence in school would either (i) pose a
| 22 | | threat to the safety of other students, staff, or members of
| 23 | | the school community or (ii) substantially disrupt, impede, or
| 24 | | interfere with the operation of the school. For purposes of | 25 | | this subsection (b-20), "threat to the safety of other | 26 | | students, staff, or members of the school community" and |
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| 1 | | "substantially disrupt, impede, or interfere with the | 2 | | operation of the school" shall be determined on a case-by-case | 3 | | basis by school officials. For purposes of this subsection | 4 | | (b-20), the determination of whether "appropriate and | 5 | | available behavioral and disciplinary interventions have been | 6 | | exhausted" shall be made by school officials. School officials | 7 | | shall make all reasonable efforts to resolve such threats, | 8 | | address such disruptions, and minimize the length of student | 9 | | exclusions to the greatest extent practicable. Within the | 10 | | suspension decision described in subsection (b) of this Section | 11 | | or the expulsion decision described in subsection (a) of this | 12 | | Section, it shall be documented whether other interventions | 13 | | were attempted or whether it was determined that there were no | 14 | | other appropriate and available interventions. | 15 | | (b-25) (Blank). Students who are suspended out-of-school | 16 | | for longer than 4 school days shall be provided appropriate and | 17 | | available support services during the period of their | 18 | | suspension. For purposes of this subsection (b-25), | 19 | | "appropriate and available support services" shall be | 20 | | determined by school authorities. Within the suspension | 21 | | decision described in subsection (b) of this Section, it shall | 22 | | be documented whether such services are to be provided or | 23 | | whether it was determined that there are no such appropriate | 24 | | and available services. | 25 | | A school district may refer students who are expelled to | 26 | | appropriate and available support services. |
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| 1 | | A school district shall create a policy to facilitate the | 2 | | re-engagement of students who are suspended out-of-school, | 3 | | expelled, or returning from an alternative school setting. | 4 | | (b-30) (Blank). A school district shall create a policy by | 5 | | which suspended pupils, including those pupils suspended from | 6 | | the school bus who do not have alternate transportation to | 7 | | school, shall have the opportunity to make up work for | 8 | | equivalent academic credit. It shall be the responsibility of a | 9 | | pupil's parent or guardian to notify school officials that a | 10 | | pupil suspended from the school bus does not have alternate | 11 | | transportation to school. | 12 | | (c) The Department of Human Services
shall be invited to | 13 | | send a representative to consult with the board at
such meeting | 14 | | whenever there is evidence that mental illness may be the
cause | 15 | | for expulsion or suspension.
| 16 | | (c-5) School districts shall make reasonable efforts to | 17 | | provide ongoing professional development to teachers, | 18 | | administrators, school board members, school resource | 19 | | officers, and staff on the adverse consequences of school | 20 | | exclusion and justice-system involvement, effective classroom | 21 | | management strategies, culturally responsive discipline, and | 22 | | developmentally appropriate disciplinary methods that promote | 23 | | positive and healthy school climates. | 24 | | (d) The board may expel a student for a definite period of | 25 | | time not to
exceed 2 calendar years, as determined on a case by | 26 | | case basis.
A student who
is determined to have brought one of |
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| 1 | | the following objects to school, any school-sponsored activity
| 2 | | or event, or any activity or event that bears a reasonable | 3 | | relationship to school shall be expelled for a period of not | 4 | | less than
one year: | 5 | | (1) A firearm. For the purposes of this Section, | 6 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 7 | | by Section 921 of Title 18 of the United States Code, | 8 | | firearm as defined in Section 1.1 of the Firearm Owners | 9 | | Identification Card Act, or firearm as defined in Section | 10 | | 24-1 of the Criminal Code of 2012. The expulsion period | 11 | | under this subdivision (1) may be modified by the | 12 | | superintendent, and the superintendent's determination may | 13 | | be modified by the board on a case-by-case basis. | 14 | | (2) A knife, brass knuckles or other knuckle weapon | 15 | | regardless of its composition, a billy club, or any other | 16 | | object if used or attempted to be used to cause bodily | 17 | | harm, including "look alikes" of any firearm as defined in | 18 | | subdivision (1) of this subsection (d). The expulsion | 19 | | requirement under this subdivision (2) may be modified by | 20 | | the superintendent, and the superintendent's determination | 21 | | may be modified by the board on a case-by-case basis. | 22 | | Expulsion
or suspension
shall be construed in a
manner | 23 | | consistent with the Federal Individuals with Disabilities | 24 | | Education
Act. A student who is subject to suspension or | 25 | | expulsion as provided in this
Section may be eligible for a | 26 | | transfer to an alternative school program in
accordance with |
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| 1 | | Article 13A of the School Code.
| 2 | | (d-5) The board may suspend or by regulation
authorize the | 3 | | superintendent of the district or the principal, assistant
| 4 | | principal, or dean of students of any
school to suspend a | 5 | | student for a period not to exceed
10 school days or may expel | 6 | | a student for a definite period of time not to
exceed 2 | 7 | | calendar years, as determined on a case by case basis, if (i) | 8 | | that student has been determined to have made an explicit | 9 | | threat on an Internet website against a school employee, a | 10 | | student, or any school-related personnel, (ii) the Internet | 11 | | website through which the threat was made is a site that was | 12 | | accessible within the school at the time the threat was made or | 13 | | was available to third parties who worked or studied within the | 14 | | school grounds at the time the threat was made, and (iii) the | 15 | | threat could be reasonably interpreted as threatening to the | 16 | | safety and security of the threatened individual because of his | 17 | | or her duties or employment status or status as a student | 18 | | inside the school.
| 19 | | (e) To maintain order and security in the schools, school | 20 | | authorities may
inspect and search places and areas such as | 21 | | lockers, desks, parking lots, and
other school property and | 22 | | equipment owned or controlled by the school, as well
as | 23 | | personal effects left in those places and areas by students, | 24 | | without notice
to or the consent of the student, and without a | 25 | | search warrant. As a matter of
public policy, the General | 26 | | Assembly finds that students have no reasonable
expectation of |
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| 1 | | privacy in these places and areas or in their personal effects
| 2 | | left in these places and areas. School authorities may request | 3 | | the assistance
of law enforcement officials for the purpose of | 4 | | conducting inspections and
searches of lockers, desks, parking | 5 | | lots, and other school property and
equipment owned or | 6 | | controlled by the school for illegal drugs, weapons, or
other
| 7 | | illegal or dangerous substances or materials, including | 8 | | searches conducted
through the use of specially trained dogs. | 9 | | If a search conducted in accordance
with this Section produces | 10 | | evidence that the student has violated or is
violating either | 11 | | the law, local ordinance, or the school's policies or rules,
| 12 | | such evidence may be seized by school authorities, and | 13 | | disciplinary action may
be taken. School authorities may also | 14 | | turn over such evidence to law
enforcement authorities.
| 15 | | (f) Suspension or expulsion may include suspension or | 16 | | expulsion from
school and all school activities and a | 17 | | prohibition from being present on school
grounds.
| 18 | | (g) A school district may adopt a policy providing that if | 19 | | a student
is suspended or expelled for any reason from any | 20 | | public or private school
in this or any other state, the | 21 | | student must complete the entire term of
the suspension or | 22 | | expulsion in an alternative school program under Article 13A of | 23 | | this Code or an alternative learning opportunities program | 24 | | under Article 13B of this Code before being admitted into the | 25 | | school
district if there is no threat to the safety of students | 26 | | or staff in the alternative program.
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| 1 | | (h) School officials shall not advise or encourage students | 2 | | to drop out voluntarily due to behavioral or academic | 3 | | difficulties. | 4 | | (i) A student may not be issued a monetary fine or fee as a | 5 | | disciplinary consequence, though this shall not preclude | 6 | | requiring a student to provide restitution for lost, stolen, or | 7 | | damaged property. | 8 | | (j) Subsections (a) through (i) of this Section shall apply | 9 | | to elementary and secondary schools in school districts with | 10 | | less than 500,000 inhabitants; , charter schools , whether or not | 11 | | in a school district with less than 500,000 inhabitants; and , | 12 | | special charter districts , and school districts organized | 13 | | under Article 34 of this Code . | 14 | | (Source: P.A. 99-456, eff. 9-15-16.)
| 15 | | (105 ILCS 5/13A-4)
| 16 | | Sec. 13A-4. Administrative transfers. A student who is | 17 | | determined to be
subject to suspension or expulsion in the | 18 | | manner provided by Section 10-22.6
(or,
in the case of a | 19 | | student enrolled in the public schools of a school district
| 20 | | organized under Article 34, in accordance with Section 34-18.50 | 21 | | and the uniform system of discipline
established under Section | 22 | | 34-19) may be
immediately transferred to the alternative | 23 | | program. At the earliest time
following that transfer | 24 | | appropriate personnel from the sending school district
and | 25 | | appropriate personnel of the alternative program shall meet to |
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| 1 | | develop an
alternative education plan for the student. The | 2 | | student's parent or guardian
shall be invited to this meeting. | 3 | | The student may be invited. The alternative
educational plan | 4 | | shall include, but not be limited to all of the following:
| 5 | | (1) The duration of the plan, including a date after | 6 | | which the student may
be returned to the regular | 7 | | educational program in the public schools of the
| 8 | | transferring district. If the parent or guardian of a | 9 | | student
who is scheduled to be returned to the regular | 10 | | education program in the public
schools of the district | 11 | | files a written objection to the return with the
principal | 12 | | of the alternative school, the matter shall be referred by | 13 | | the
principal to the regional superintendent of the | 14 | | educational service region in
which the alternative school | 15 | | program is located for a hearing. Notice of
the hearing
| 16 | | shall be given by the regional superintendent to the | 17 | | student's parent or
guardian. After the hearing, the | 18 | | regional superintendent may take such action
as he or she | 19 | | finds appropriate and in the best interests of the student. | 20 | | The
determination of the regional superintendent shall be | 21 | | final.
| 22 | | (2) The specific academic and behavioral components of | 23 | | the plan.
| 24 | | (3) A method and time frame for reviewing the student's | 25 | | progress.
| 26 | | Notwithstanding any other provision of this Article, if a |
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| 1 | | student for whom an
individualized educational program has been | 2 | | developed under Article 14 is
transferred to an alternative | 3 | | school program under this Article 13A, that
individualized | 4 | | educational program shall continue to apply to that student
| 5 | | following the transfer unless modified in accordance with the | 6 | | provisions of
Article 14.
| 7 | | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
| 8 | | (105 ILCS 5/13B-20.25)
| 9 | | Sec. 13B-20.25. Eligible students. Students in grades 4 | 10 | | through 12 who
meet enrollment criteria
established by the | 11 | | school district and who meet the definition of
"student at risk | 12 | | of
academic failure" are eligible to participate in an | 13 | | alternative learning
opportunities program funded
under this | 14 | | Article.
Notwithstanding any other provision of law to the | 15 | | contrary, enrollment in a charter alternative learning | 16 | | opportunities program shall be open to any pupil who has been | 17 | | expelled or suspended for more than 20 days under Section | 18 | | 10-22.6 or Sections 34-18.50 and 34-19 of this Code. All rights | 19 | | granted under this Article to a student's parent or guardian
| 20 | | become exclusively those of the student upon the student's 18th
| 21 | | birthday.
| 22 | | (Source: P.A. 97-495, eff. 1-1-12.)
| 23 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 24 | | Sec. 26-2. Enrolled pupils not of compulsory school age.
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| 1 | | (a) For school years before the 2014-2015 school year, any | 2 | | person having custody or
control of a child who is below the | 3 | | age of 7 years or is 17 years of age or above
and who is | 4 | | enrolled in any of grades kindergarten through 12
in the public | 5 | | school shall
cause him to attend the public school in the | 6 | | district wherein he resides when
it is in session during the | 7 | | regular school term, unless he is excused under
paragraph 2, 3, | 8 | | 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 school | 9 | | year, any person having
custody or control of a child who is | 10 | | below the age of 6 years or is 17 years of age or above and who | 11 | | is enrolled in any of grades kindergarten
through 12 in the | 12 | | public school shall cause the child to attend the public
school | 13 | | in the district wherein he or she resides when it is in session
| 14 | | during the regular school term, unless the child is excused | 15 | | under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
| 16 | | (b) A school district shall deny reenrollment in its | 17 | | secondary schools
to any
child 19 years of age or above who has | 18 | | dropped out of school
and who could
not, because of age and | 19 | | lack of credits, attend classes during the normal
school year | 20 | | and graduate before his or her twenty-first birthday.
A | 21 | | district may, however, enroll the child in a graduation | 22 | | incentives program under Section 26-16 of this Code or an | 23 | | alternative learning
opportunities program established
under | 24 | | Article 13B.
No
child shall be denied reenrollment for the | 25 | | above reasons
unless the school district first offers the child
| 26 | | due process as required in cases of expulsion under Section
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| 1 | | 10-22.6 or 34-18.50 . If a child is denied reenrollment after | 2 | | being provided with due
process, the school district must | 3 | | provide counseling to that child and
must direct that child to
| 4 | | alternative educational
programs, including adult education | 5 | | programs, that lead to graduation or
receipt of a high school | 6 | | equivalency certificate.
| 7 | | (c) A school or school district may deny enrollment to a | 8 | | student 17 years
of age
or older for one semester for failure | 9 | | to meet minimum academic standards if all
of the
following | 10 | | conditions are met:
| 11 | | (1) The student achieved a grade point average of less | 12 | | than "D" (or its
equivalent)
in the semester immediately | 13 | | prior to the current semester.
| 14 | | (2) The student and the student's parent or guardian | 15 | | are given written
notice
warning that the student is | 16 | | failing academically and is subject to denial from
| 17 | | enrollment for one semester unless a "D" average (or its | 18 | | equivalent) or better
is attained in the
current
semester.
| 19 | | (3) The parent or guardian is provided with the right | 20 | | to appeal the
notice, as
determined by the State Board of | 21 | | Education in accordance with due process.
| 22 | | (4) The student is provided with an academic | 23 | | improvement plan and academic
remediation services.
| 24 | | (5) The student fails to achieve a "D" average (or its | 25 | | equivalent) or
better in the current
semester.
| 26 | | A school or school district may deny enrollment to a |
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| 1 | | student 17 years of age
or
older for one semester for failure | 2 | | to meet minimum attendance standards if all
of the
following | 3 | | conditions are met:
| 4 | | (1) The student was absent without valid cause for 20% | 5 | | or more of the
attendance
days in the semester immediately | 6 | | prior to the current semester.
| 7 | | (2) The student and the student's parent or guardian | 8 | | are given written
notice
warning that the student is | 9 | | subject to denial from enrollment for one
semester
unless | 10 | | the student is absent without valid cause less than 20% of | 11 | | the
attendance days
in the current semester.
| 12 | | (3) The student's parent or guardian is provided with | 13 | | the right to appeal
the
notice, as determined by the State | 14 | | Board of Education in accordance with due
process.
| 15 | | (4) The student is provided with attendance | 16 | | remediation services,
including
without limitation | 17 | | assessment, counseling, and support services.
| 18 | | (5) The student is absent without valid cause for 20% | 19 | | or more of the
attendance
days in the current semester.
| 20 | | A school or school district may not deny enrollment to a | 21 | | student (or
reenrollment
to a dropout) who is at least 17
years | 22 | | of age or older but below 19
years for more
than one | 23 | | consecutive semester for failure to meet academic or attendance
| 24 | | standards.
| 25 | | (d) No child may be denied enrollment or reenrollment under | 26 | | this
Section in violation
of the Individuals with Disabilities |
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| 1 | | Education Act or the Americans with
Disabilities Act.
| 2 | | (e) In this subsection (e), "reenrolled student" means a | 3 | | dropout who has
reenrolled
full-time in a public school. Each | 4 | | school district shall identify, track, and
report on the
| 5 | | educational progress and outcomes of reenrolled students as a | 6 | | subset of the
district's
required reporting on all enrollments.
| 7 | | A reenrolled student who again drops out must not be counted | 8 | | again
against a district's dropout rate performance measure.
| 9 | | The State
Board of Education shall set performance standards | 10 | | for programs serving
reenrolled
students.
| 11 | | (f) The State Board of Education shall adopt any rules | 12 | | necessary to
implement the
changes to this Section made by | 13 | | Public Act 93-803.
| 14 | | (Source: P.A. 98-544, eff. 7-1-14; 98-718, eff. 1-1-15 .)
| 15 | | (105 ILCS 5/26-16) | 16 | | Sec. 26-16. Graduation incentives program.
| 17 | | (a) The General Assembly finds that it is critical to | 18 | | provide options for children to succeed in school. The purpose | 19 | | of this Section is to provide incentives for and encourage all | 20 | | Illinois students who have experienced or are experiencing | 21 | | difficulty in the traditional education system to enroll in | 22 | | alternative programs. | 23 | | (b) Any student who is below the age of 20 years is | 24 | | eligible to enroll in a graduation incentives program if he or | 25 | | she: |
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| 1 | | (1) is considered a dropout pursuant to Section 26-2a | 2 | | of this Code; | 3 | | (2) has been suspended or expelled pursuant to Section | 4 | | 10-22.6 or Sections 34-18.50 and 34-19 of
this Code; | 5 | | (3) is pregnant or is a parent; | 6 | | (4) has been assessed as chemically dependent; or | 7 | | (5) is enrolled in a bilingual education or LEP | 8 | | program. | 9 | | (c) The following programs qualify as graduation | 10 | | incentives programs for students meeting the criteria | 11 | | established in this Section: | 12 | | (1) Any public elementary or secondary education | 13 | | graduation incentives program established by a school | 14 | | district or by a regional office of education. | 15 | | (2) Any alternative learning opportunities program | 16 | | established pursuant to Article 13B of this Code. | 17 | | (3) Vocational or job training courses approved by the | 18 | | State Superintendent of Education that are available | 19 | | through the Illinois public community college system. | 20 | | Students may apply for reimbursement of 50% of tuition | 21 | | costs for one course per semester or a maximum of 3 courses | 22 | | per school year. Subject to available funds, students may | 23 | | apply for reimbursement of up to 100% of tuition costs upon | 24 | | a showing of employment within 6 months after completion of | 25 | | a vocational or job training program. The qualifications | 26 | | for reimbursement shall be established by the State |
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| 1 | | Superintendent of Education by rule. | 2 | | (4) Job and career programs approved by the State | 3 | | Superintendent of Education that are available through | 4 | | Illinois-accredited private business and vocational | 5 | | schools. Subject to available funds, pupils may apply for | 6 | | reimbursement of up to 100% of tuition costs upon a showing | 7 | | of employment within 6 months after completion of a job or | 8 | | career program. The State Superintendent of Education | 9 | | shall establish, by rule, the qualifications for | 10 | | reimbursement, criteria for determining reimbursement | 11 | | amounts, and limits on reimbursement. | 12 | | (5) Adult education courses that offer preparation for | 13 | | high school equivalency testing. | 14 | | (d) Graduation incentives programs established by school | 15 | | districts are entitled to claim general State aid, subject to | 16 | | Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. | 17 | | Graduation incentives programs operated by regional offices of | 18 | | education are entitled to receive general State aid at the | 19 | | foundation level of support per pupil enrolled. A school | 20 | | district must ensure that its graduation incentives program | 21 | | receives supplemental general State aid, transportation | 22 | | reimbursements, and special education resources, if | 23 | | appropriate, for students enrolled in the program.
| 24 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 25 | | (105 ILCS 5/27A-5)
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| 1 | | (Text of Section before amendment by P.A. 99-456 ) | 2 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 3 | | (a) A charter school shall be a public, nonsectarian, | 4 | | nonreligious, non-home
based, and non-profit school. A charter | 5 | | school shall be organized and operated
as a nonprofit | 6 | | corporation or other discrete, legal, nonprofit entity
| 7 | | authorized under the laws of the State of Illinois.
| 8 | | (b) A charter school may be established under this Article | 9 | | by creating a new
school or by converting an existing public | 10 | | school or attendance center to
charter
school status.
Beginning | 11 | | on April 16, 2003 ( the effective date of Public Act 93-3) this | 12 | | amendatory Act of the 93rd General
Assembly , in all new
| 13 | | applications to establish
a charter
school in a city having a | 14 | | population exceeding 500,000, operation of the
charter
school | 15 | | shall be limited to one campus. The changes made to this | 16 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd | 17 | | General
Assembly do not apply to charter schools existing or | 18 | | approved on or before April 16, 2003 ( the
effective date of | 19 | | Public Act 93-3) this
amendatory Act . | 20 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 21 | | a cyber school where students engage in online curriculum and | 22 | | instruction via the Internet and electronic communication with | 23 | | their teachers at remote locations and with students | 24 | | participating at different times. | 25 | | From April 1, 2013 through December 31, 2016, there is a | 26 | | moratorium on the establishment of charter schools with |
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| 1 | | virtual-schooling components in school districts other than a | 2 | | school district organized under Article 34 of this Code. This | 3 | | moratorium does not apply to a charter school with | 4 | | virtual-schooling components existing or approved prior to | 5 | | April 1, 2013 or to the renewal of the charter of a charter | 6 | | school with virtual-schooling components already approved | 7 | | prior to April 1, 2013. | 8 | | On or before March 1, 2014, the Commission shall submit to | 9 | | the General Assembly a report on the effect of | 10 | | virtual-schooling, including without limitation the effect on | 11 | | student performance, the costs associated with | 12 | | virtual-schooling, and issues with oversight. The report shall | 13 | | include policy recommendations for virtual-schooling.
| 14 | | (c) A charter school shall be administered and governed by | 15 | | its board of
directors or other governing body
in the manner | 16 | | provided in its charter. The governing body of a charter school
| 17 | | shall be subject to the Freedom of Information Act and the Open | 18 | | Meetings Act.
| 19 | | (d) For purposes of this subsection (d), "non-curricular | 20 | | health and safety requirement" means any health and safety | 21 | | requirement created by statute or rule to provide, maintain, | 22 | | preserve, or safeguard safe or healthful conditions for | 23 | | students and school personnel or to eliminate, reduce, or | 24 | | prevent threats to the health and safety of students and school | 25 | | personnel. "Non-curricular health and safety requirement" does | 26 | | not include any course of study or specialized instructional |
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| 1 | | requirement for which the State Board has established goals and | 2 | | learning standards or which is designed primarily to impart | 3 | | knowledge and skills for students to master and apply as an | 4 | | outcome of their education. | 5 | | A charter school shall comply with all non-curricular | 6 | | health and safety
requirements applicable to public schools | 7 | | under the laws of the State of
Illinois. On or before September | 8 | | 1, 2015, the State Board shall promulgate and post on its | 9 | | Internet website a list of non-curricular health and safety | 10 | | requirements that a charter school must meet. The list shall be | 11 | | updated annually no later than September 1. Any charter | 12 | | contract between a charter school and its authorizer must | 13 | | contain a provision that requires the charter school to follow | 14 | | the list of all non-curricular health and safety requirements | 15 | | promulgated by the State Board and any non-curricular health | 16 | | and safety requirements added by the State Board to such list | 17 | | during the term of the charter. Nothing in this subsection (d) | 18 | | precludes an authorizer from including non-curricular health | 19 | | and safety requirements in a charter school contract that are | 20 | | not contained in the list promulgated by the State Board, | 21 | | including non-curricular health and safety requirements of the | 22 | | authorizing local school board.
| 23 | | (e) Except as otherwise provided in the School Code, a | 24 | | charter school shall
not charge tuition; provided that a | 25 | | charter school may charge reasonable fees
for textbooks, | 26 | | instructional materials, and student activities.
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| 1 | | (f) A charter school shall be responsible for the | 2 | | management and operation
of its fiscal affairs including,
but | 3 | | not limited to, the preparation of its budget. An audit of each | 4 | | charter
school's finances shall be conducted annually by an | 5 | | outside, independent
contractor retained by the charter | 6 | | school. To ensure financial accountability for the use of | 7 | | public funds, on or before December 1 of every year of | 8 | | operation, each charter school shall submit to its authorizer | 9 | | and the State Board a copy of its audit and a copy of the Form | 10 | | 990 the charter school filed that year with the federal | 11 | | Internal Revenue Service. In addition, if deemed necessary for | 12 | | proper financial oversight of the charter school, an authorizer | 13 | | may require quarterly financial statements from each charter | 14 | | school.
| 15 | | (g) A charter school shall comply with all provisions of | 16 | | this Article, the Illinois Educational Labor Relations Act, all | 17 | | federal and State laws and rules applicable to public schools | 18 | | that pertain to special education and the instruction of | 19 | | English learners, and
its charter. A charter
school is exempt | 20 | | from all other State laws and regulations in this Code
| 21 | | governing public
schools and local school board policies; | 22 | | however, a charter school is not exempt from the following:
| 23 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 24 | | criminal
history records checks and checks of the Statewide | 25 | | Sex Offender Database and Statewide Murderer and Violent | 26 | | Offender Against Youth Database of applicants for |
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| 1 | | employment;
| 2 | | (2) Sections 24-24 and 34-84A of this Code regarding | 3 | | discipline of
students;
| 4 | | (3) the Local Governmental and Governmental Employees | 5 | | Tort Immunity Act;
| 6 | | (4) Section 108.75 of the General Not For Profit | 7 | | Corporation Act of 1986
regarding indemnification of | 8 | | officers, directors, employees, and agents;
| 9 | | (5) the Abused and Neglected Child Reporting Act;
| 10 | | (6) the Illinois School Student Records Act;
| 11 | | (7) Section 10-17a of this Code regarding school report | 12 | | cards;
| 13 | | (8) the P-20 Longitudinal Education Data System Act; | 14 | | (9) Section 27-23.7 of this Code regarding bullying | 15 | | prevention; and | 16 | | (10) Section 2-3.162 of this Code regarding student | 17 | | discipline reporting; and | 18 | | (11) Section 22-80 of this Code. | 19 | | The change made by Public Act 96-104 to this subsection (g) | 20 | | is declaratory of existing law. | 21 | | (h) A charter school may negotiate and contract with a | 22 | | school district, the
governing body of a State college or | 23 | | university or public community college, or
any other public or | 24 | | for-profit or nonprofit private entity for: (i) the use
of a | 25 | | school building and grounds or any other real property or | 26 | | facilities that
the charter school desires to use or convert |
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| 1 | | for use as a charter school site,
(ii) the operation and | 2 | | maintenance thereof, and
(iii) the provision of any service, | 3 | | activity, or undertaking that the charter
school is required to | 4 | | perform in order to carry out the terms of its charter.
| 5 | | However, a charter school
that is established on
or
after April | 6 | | 16, 2003 ( the effective date of Public Act 93-3) this | 7 | | amendatory Act of the 93rd General
Assembly and that operates
| 8 | | in a city having a population exceeding
500,000 may not | 9 | | contract with a for-profit entity to
manage or operate the | 10 | | school during the period that commences on April 16, 2003 ( the
| 11 | | effective date of Public Act 93-3) this amendatory Act of the | 12 | | 93rd General Assembly and
concludes at the end of the 2004-2005 | 13 | | school year.
Except as provided in subsection (i) of this | 14 | | Section, a school district may
charge a charter school | 15 | | reasonable rent for the use of the district's
buildings, | 16 | | grounds, and facilities. Any services for which a charter | 17 | | school
contracts
with a school district shall be provided by | 18 | | the district at cost. Any services
for which a charter school | 19 | | contracts with a local school board or with the
governing body | 20 | | of a State college or university or public community college
| 21 | | shall be provided by the public entity at cost.
| 22 | | (i) In no event shall a charter school that is established | 23 | | by converting an
existing school or attendance center to | 24 | | charter school status be required to
pay rent for space
that is | 25 | | deemed available, as negotiated and provided in the charter | 26 | | agreement,
in school district
facilities. However, all other |
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| 1 | | costs for the operation and maintenance of
school district | 2 | | facilities that are used by the charter school shall be subject
| 3 | | to negotiation between
the charter school and the local school | 4 | | board and shall be set forth in the
charter.
| 5 | | (j) A charter school may limit student enrollment by age or | 6 | | grade level.
| 7 | | (k) If the charter school is approved by the Commission, | 8 | | then the Commission charter school is its own local education | 9 | | agency. | 10 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 11 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 12 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 13 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 14 | | 8-10-15; revised 10-19-15.) | 15 | | (Text of Section after amendment by P.A. 99-456 )
| 16 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 17 | | (a) A charter school shall be a public, nonsectarian, | 18 | | nonreligious, non-home
based, and non-profit school. A charter | 19 | | school shall be organized and operated
as a nonprofit | 20 | | corporation or other discrete, legal, nonprofit entity
| 21 | | authorized under the laws of the State of Illinois.
| 22 | | (b) A charter school may be established under this Article | 23 | | by creating a new
school or by converting an existing public | 24 | | school or attendance center to
charter
school status.
Beginning | 25 | | on April 16, 2003 ( the effective date of Public Act 93-3) this |
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| 1 | | amendatory Act of the 93rd General
Assembly , in all new
| 2 | | applications to establish
a charter
school in a city having a | 3 | | population exceeding 500,000, operation of the
charter
school | 4 | | shall be limited to one campus. The changes made to this | 5 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd | 6 | | General
Assembly do not apply to charter schools existing or | 7 | | approved on or before April 16, 2003 ( the
effective date of | 8 | | Public Act 93-3) this
amendatory Act . | 9 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 10 | | a cyber school where students engage in online curriculum and | 11 | | instruction via the Internet and electronic communication with | 12 | | their teachers at remote locations and with students | 13 | | participating at different times. | 14 | | From April 1, 2013 through December 31, 2016, there is a | 15 | | moratorium on the establishment of charter schools with | 16 | | virtual-schooling components in school districts other than a | 17 | | school district organized under Article 34 of this Code. This | 18 | | moratorium does not apply to a charter school with | 19 | | virtual-schooling components existing or approved prior to | 20 | | April 1, 2013 or to the renewal of the charter of a charter | 21 | | school with virtual-schooling components already approved | 22 | | prior to April 1, 2013. | 23 | | On or before March 1, 2014, the Commission shall submit to | 24 | | the General Assembly a report on the effect of | 25 | | virtual-schooling, including without limitation the effect on | 26 | | student performance, the costs associated with |
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| 1 | | virtual-schooling, and issues with oversight. The report shall | 2 | | include policy recommendations for virtual-schooling.
| 3 | | (c) A charter school shall be administered and governed by | 4 | | its board of
directors or other governing body
in the manner | 5 | | provided in its charter. The governing body of a charter school
| 6 | | shall be subject to the Freedom of Information Act and the Open | 7 | | Meetings Act.
| 8 | | (d) For purposes of this subsection (d), "non-curricular | 9 | | health and safety requirement" means any health and safety | 10 | | requirement created by statute or rule to provide, maintain, | 11 | | preserve, or safeguard safe or healthful conditions for | 12 | | students and school personnel or to eliminate, reduce, or | 13 | | prevent threats to the health and safety of students and school | 14 | | personnel. "Non-curricular health and safety requirement" does | 15 | | not include any course of study or specialized instructional | 16 | | requirement for which the State Board has established goals and | 17 | | learning standards or which is designed primarily to impart | 18 | | knowledge and skills for students to master and apply as an | 19 | | outcome of their education. | 20 | | A charter school shall comply with all non-curricular | 21 | | health and safety
requirements applicable to public schools | 22 | | under the laws of the State of
Illinois. On or before September | 23 | | 1, 2015, the State Board shall promulgate and post on its | 24 | | Internet website a list of non-curricular health and safety | 25 | | requirements that a charter school must meet. The list shall be | 26 | | updated annually no later than September 1. Any charter |
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| 1 | | contract between a charter school and its authorizer must | 2 | | contain a provision that requires the charter school to follow | 3 | | the list of all non-curricular health and safety requirements | 4 | | promulgated by the State Board and any non-curricular health | 5 | | and safety requirements added by the State Board to such list | 6 | | during the term of the charter. Nothing in this subsection (d) | 7 | | precludes an authorizer from including non-curricular health | 8 | | and safety requirements in a charter school contract that are | 9 | | not contained in the list promulgated by the State Board, | 10 | | including non-curricular health and safety requirements of the | 11 | | authorizing local school board.
| 12 | | (e) Except as otherwise provided in the School Code, a | 13 | | charter school shall
not charge tuition; provided that a | 14 | | charter school may charge reasonable fees
for textbooks, | 15 | | instructional materials, and student activities.
| 16 | | (f) A charter school shall be responsible for the | 17 | | management and operation
of its fiscal affairs including,
but | 18 | | not limited to, the preparation of its budget. An audit of each | 19 | | charter
school's finances shall be conducted annually by an | 20 | | outside, independent
contractor retained by the charter | 21 | | school. To ensure financial accountability for the use of | 22 | | public funds, on or before December 1 of every year of | 23 | | operation, each charter school shall submit to its authorizer | 24 | | and the State Board a copy of its audit and a copy of the Form | 25 | | 990 the charter school filed that year with the federal | 26 | | Internal Revenue Service. In addition, if deemed necessary for |
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| 1 | | proper financial oversight of the charter school, an authorizer | 2 | | may require quarterly financial statements from each charter | 3 | | school.
| 4 | | (g) A charter school shall comply with all provisions of | 5 | | this Article, the Illinois Educational Labor Relations Act, all | 6 | | federal and State laws and rules applicable to public schools | 7 | | that pertain to special education and the instruction of | 8 | | English learners, and
its charter. A charter
school is exempt | 9 | | from all other State laws and regulations in this Code
| 10 | | governing public
schools and local school board policies; | 11 | | however, a charter school is not exempt from the following:
| 12 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 13 | | criminal
history records checks and checks of the Statewide | 14 | | Sex Offender Database and Statewide Murderer and Violent | 15 | | Offender Against Youth Database of applicants for | 16 | | employment;
| 17 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 18 | | 34-84a of this Code regarding discipline of
students;
| 19 | | (3) the Local Governmental and Governmental Employees | 20 | | Tort Immunity Act;
| 21 | | (4) Section 108.75 of the General Not For Profit | 22 | | Corporation Act of 1986
regarding indemnification of | 23 | | officers, directors, employees, and agents;
| 24 | | (5) the Abused and Neglected Child Reporting Act;
| 25 | | (6) the Illinois School Student Records Act;
| 26 | | (7) Section 10-17a of this Code regarding school report |
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| 1 | | cards;
| 2 | | (8) the P-20 Longitudinal Education Data System Act; | 3 | | (9) Section 27-23.7 of this Code regarding bullying | 4 | | prevention; and | 5 | | (10) Section 2-3.162 of this Code regarding student | 6 | | discipline reporting; and | 7 | | (11) Section 22-80 of this Code. | 8 | | The change made by Public Act 96-104 to this subsection (g) | 9 | | is declaratory of existing law. | 10 | | (h) A charter school may negotiate and contract with a | 11 | | school district, the
governing body of a State college or | 12 | | university or public community college, or
any other public or | 13 | | for-profit or nonprofit private entity for: (i) the use
of a | 14 | | school building and grounds or any other real property or | 15 | | facilities that
the charter school desires to use or convert | 16 | | for use as a charter school site,
(ii) the operation and | 17 | | maintenance thereof, and
(iii) the provision of any service, | 18 | | activity, or undertaking that the charter
school is required to | 19 | | perform in order to carry out the terms of its charter.
| 20 | | However, a charter school
that is established on
or
after April | 21 | | 16, 2003 ( the effective date of Public Act 93-3) this | 22 | | amendatory Act of the 93rd General
Assembly and that operates
| 23 | | in a city having a population exceeding
500,000 may not | 24 | | contract with a for-profit entity to
manage or operate the | 25 | | school during the period that commences on April 16, 2003 ( the
| 26 | | effective date of Public Act 93-3) this amendatory Act of the |
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| 1 | | 93rd General Assembly and
concludes at the end of the 2004-2005 | 2 | | school year.
Except as provided in subsection (i) of this | 3 | | Section, a school district may
charge a charter school | 4 | | reasonable rent for the use of the district's
buildings, | 5 | | grounds, and facilities. Any services for which a charter | 6 | | school
contracts
with a school district shall be provided by | 7 | | the district at cost. Any services
for which a charter school | 8 | | contracts with a local school board or with the
governing body | 9 | | of a State college or university or public community college
| 10 | | shall be provided by the public entity at cost.
| 11 | | (i) In no event shall a charter school that is established | 12 | | by converting an
existing school or attendance center to | 13 | | charter school status be required to
pay rent for space
that is | 14 | | deemed available, as negotiated and provided in the charter | 15 | | agreement,
in school district
facilities. However, all other | 16 | | costs for the operation and maintenance of
school district | 17 | | facilities that are used by the charter school shall be subject
| 18 | | to negotiation between
the charter school and the local school | 19 | | board and shall be set forth in the
charter.
| 20 | | (j) A charter school may limit student enrollment by age or | 21 | | grade level.
| 22 | | (k) If the charter school is approved by the Commission, | 23 | | then the Commission charter school is its own local education | 24 | | agency. | 25 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 26 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; |
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| 1 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 2 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 3 | | 8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
| 4 | | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| 5 | | Sec. 34-2.3. Local school councils - Powers and duties. | 6 | | Each local school
council shall have and exercise, consistent | 7 | | with the provisions of
this Article and the powers and duties | 8 | | of
the board of education, the following powers and duties:
| 9 | | 1. (A) To annually evaluate the performance of the | 10 | | principal of the
attendance
center
using a Board approved | 11 | | principal evaluation form, which shall include the
evaluation | 12 | | of
(i) student academic improvement, as defined by the
school | 13 | | improvement plan, (ii)
student absenteeism rates
at the school, | 14 | | (iii) instructional leadership, (iv) the effective
| 15 | | implementation of
programs, policies, or strategies to improve | 16 | | student academic achievement,
(v) school management, and (vi) | 17 | | any other factors deemed relevant by the local
school council, | 18 | | including, without limitation, the principal's communication
| 19 | | skills and ability to create and maintain a student-centered | 20 | | learning
environment, to develop opportunities for | 21 | | professional development, and to
encourage parental | 22 | | involvement and community partnerships to achieve school
| 23 | | improvement;
| 24 | | (B) to determine in the manner provided by subsection (c) | 25 | | of Section
34-2.2 and subdivision 1.5 of this Section whether |
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| 1 | | the performance contract
of the principal shall be
renewed; and
| 2 | | (C) to directly select, in the manner provided by
| 3 | | subsection (c) of
Section 34-2.2, a new principal (including a | 4 | | new principal to fill a
vacancy)
-- without submitting any list | 5 | | of candidates for that position to the
general superintendent | 6 | | as provided in paragraph 2 of this Section -- to
serve under a | 7 | | 4 year performance contract; provided that (i) the | 8 | | determination
of whether the principal's performance contract | 9 | | is to be renewed, based upon
the evaluation required by | 10 | | subdivision 1.5 of this Section, shall be made no
later than | 11 | | 150 days prior to the expiration of the current | 12 | | performance-based
contract of the principal, (ii) in cases | 13 | | where such performance
contract is not renewed -- a
direct | 14 | | selection
of a
new principal -- to serve under a 4 year | 15 | | performance contract shall be made by
the local school council | 16 | | no later than 45 days prior to the expiration of the
current | 17 | | performance contract of the principal, and (iii) a
selection by
| 18 | | the local school council of a new principal to fill a vacancy | 19 | | under a 4 year
performance contract shall be made within 90 | 20 | | days after the date such vacancy
occurs. A Council shall be | 21 | | required, if requested by the principal, to provide
in writing | 22 | | the reasons for the council's not renewing the principal's | 23 | | contract.
| 24 | | 1.5. The local school council's determination of whether to | 25 | | renew the
principal's contract shall be based on an evaluation | 26 | | to assess the educational
and administrative progress made at |
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| 1 | | the school during the principal's current
performance-based | 2 | | contract. The local school council shall base its evaluation
on | 3 | | (i) student academic improvement, as defined by the school | 4 | | improvement plan,
(ii) student absenteeism rates at the school, | 5 | | (iii) instructional leadership,
(iv) the effective | 6 | | implementation of programs, policies, or strategies to
improve | 7 | | student academic achievement, (v) school management, and (vi) | 8 | | any
other factors deemed relevant by the local school council, | 9 | | including, without
limitation, the principal's communication | 10 | | skills and ability to create and
maintain a student-centered | 11 | | learning environment, to develop opportunities for
| 12 | | professional development, and to encourage parental | 13 | | involvement and community
partnerships to achieve school | 14 | | improvement. If a local school council
fails to renew the | 15 | | performance contract of a principal rated by the general
| 16 | | superintendent, or his or her designee, in the previous years' | 17 | | evaluations as
meeting or exceeding expectations, the | 18 | | principal, within 15 days after the
local school council's | 19 | | decision not to renew the contract, may request a review
of the
| 20 | | local school council's principal non-retention decision by a | 21 | | hearing officer
appointed by the American Arbitration | 22 | | Association. A local school council
member or members or the | 23 | | general superintendent may support the principal's
request for | 24 | | review.
During the period of the hearing officer's review of | 25 | | the local school
council's decision on
whether or not to retain | 26 | | the principal, the local school council shall maintain
all |
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| 1 | | authority
to search for and contract with a person to serve
as | 2 | | interim or acting
principal, or as the
principal of the | 3 | | attendance center under a 4-year performance contract,
| 4 | | provided that any performance contract entered into by the | 5 | | local school council
shall be voidable
or
modified in | 6 | | accordance with the decision of the hearing officer.
The | 7 | | principal may request review only once while at that
attendance | 8 | | center. If a local school council renews the contract of a
| 9 | | principal who failed to obtain a rating of "meets" or "exceeds | 10 | | expectations" in
the general superintendent's evaluation for | 11 | | the previous year, the general superintendent,
within 15
days | 12 | | after the local
school council's decision to renew the | 13 | | contract,
may request a review of
the local school council's | 14 | | principal retention decision by a hearing officer
appointed by | 15 | | the American Arbitration Association. The general | 16 | | superintendent may request a review only
once
for that | 17 | | principal at that attendance center. All requests to review the
| 18 | | retention or non-retention of a principal shall be submitted to | 19 | | the general
superintendent, who shall, in turn, forward such | 20 | | requests, within 14 days of
receipt, to the American | 21 | | Arbitration Association.
The general superintendent shall send | 22 | | a contemporaneous copy of the request
that was forwarded to the | 23 | | American Arbitration Association to the principal and
to each | 24 | | local school council member and shall inform the local school | 25 | | council
of its rights and responsibilities under the | 26 | | arbitration process, including the
local school council's |
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| 1 | | right to representation and the manner and process by
which the | 2 | | Board shall pay the costs of the council's representation.
If | 3 | | the local school council retains the
principal and the general | 4 | | superintendent requests a review of the retention
decision, the | 5 | | local school council and the general
superintendent shall be | 6 | | considered parties to the arbitration, a hearing officer shall
| 7 | | be
chosen between those 2
parties pursuant to procedures | 8 | | promulgated by the State Board of Education,
and the principal | 9 | | may retain counsel and participate in the arbitration. If the | 10 | | local school council does not retain the principal and
the | 11 | | principal requests a review of the retention decision, the | 12 | | local school
council and the principal shall be considered | 13 | | parties to the
arbitration and a hearing
officer shall be | 14 | | chosen between those 2 parties pursuant to procedures
| 15 | | promulgated by the State Board of Education.
The hearing shall | 16 | | begin (i)
within 45 days
after the initial request for review | 17 | | is submitted by the principal to the
general superintendent or | 18 | | (ii) if the
initial request for
review is made by the general | 19 | | superintendent, within 45 days after that request
is mailed
to | 20 | | the American Arbitration Association.
The hearing officer | 21 | | shall render a
decision within 45
days after the hearing begins | 22 | | and within 90 days after the initial request
for review.
The | 23 | | Board shall contract with the American
Arbitration Association | 24 | | for all of the hearing officer's reasonable and
necessary | 25 | | costs. In addition, the Board shall pay any reasonable costs
| 26 | | incurred by a local school council for representation before a |
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| 1 | | hearing
officer.
| 2 | | 1.10. The hearing officer shall conduct a hearing, which | 3 | | shall include (i)
a review of the principal's performance, | 4 | | evaluations, and other evidence of
the principal's service at | 5 | | the school, (ii) reasons provided by the local
school council | 6 | | for its decision, and (iii) documentation evidencing views of
| 7 | | interested persons, including,
without limitation, students, | 8 | | parents, local school council members, school
faculty and | 9 | | staff, the principal, the general superintendent or his or her
| 10 | | designee, and members of the community. The burden of proof in | 11 | | establishing
that the local school council's decision was | 12 | | arbitrary and capricious shall be
on the party requesting the | 13 | | arbitration, and this party shall sustain the
burden by a | 14 | | preponderance of the evidence.
The hearing officer shall set | 15 | | the
local school council decision aside if that decision, in | 16 | | light of the record
developed at the hearing, is arbitrary and | 17 | | capricious. The decision of the
hearing officer may not be | 18 | | appealed to the Board or the State Board of
Education. If the | 19 | | hearing officer decides that the principal shall be
retained, | 20 | | the retention period shall not exceed 2 years.
| 21 | | 2. In the event (i) the local school council does not renew | 22 | | the
performance contract of the principal, or the principal | 23 | | fails to receive a
satisfactory rating as provided in | 24 | | subsection (h) of Section 34-8.3,
or the principal is
removed | 25 | | for cause during the term of his or her performance contract
in | 26 | | the manner provided by Section 34-85, or a vacancy in the |
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| 1 | | position
of principal otherwise occurs prior to the expiration | 2 | | of the term of
a principal's performance contract, and (ii) the | 3 | | local school council
fails to directly select a new principal | 4 | | to serve under a 4 year performance
contract,
the local school | 5 | | council in such event shall submit to the general
| 6 | | superintendent a list of 3 candidates -- listed in the local | 7 | | school
council's order of preference -- for the position of | 8 | | principal, one of
which shall be selected by the general | 9 | | superintendent to serve as
principal of the attendance center. | 10 | | If the general superintendent
fails or refuses to select one of | 11 | | the candidates on the list to serve as
principal within 30 days | 12 | | after being furnished with the candidate list,
the general | 13 | | superintendent shall select and place a principal on an interim
| 14 | | basis (i) for a period not to exceed one year or (ii) until the | 15 | | local school
council selects a new principal with 7 affirmative | 16 | | votes as
provided in subsection (c) of Section 34-2.2, | 17 | | whichever occurs first. If the
local school council
fails or | 18 | | refuses to select and appoint a new principal, as specified by
| 19 | | subsection (c) of Section 34-2.2, the general superintendent | 20 | | may select and
appoint a new principal on an interim basis for
| 21 | | an additional year or until a new contract principal is | 22 | | selected by the local
school council. There shall be no | 23 | | discrimination on the basis of
race, sex, creed, color or
| 24 | | disability unrelated to ability to perform in
connection with | 25 | | the submission of candidates for, and the selection of a
| 26 | | candidate to serve as principal of an attendance center. No |
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| 1 | | person shall
be directly selected, listed as a candidate for, | 2 | | or selected to serve as
principal of an attendance center (i) | 3 | | if such person has been removed for cause
from employment by | 4 | | the Board or (ii) if such person does not hold a valid
| 5 | | administrative certificate issued or exchanged under Article | 6 | | 21 and
endorsed as required by that Article for the position of | 7 | | principal. A
principal whose performance contract is not | 8 | | renewed as provided under
subsection (c) of Section 34-2.2 may | 9 | | nevertheless, if otherwise qualified
and certified as herein | 10 | | provided
and if he or she has received a satisfactory rating as | 11 | | provided in subsection
(h) of Section 34-8.3, be included by a | 12 | | local school council as
one of the 3 candidates listed in order | 13 | | of preference on any candidate list
from which one person is to | 14 | | be selected to serve as principal of the
attendance center | 15 | | under a new performance contract. The initial candidate
list | 16 | | required to be submitted by a local school council to the | 17 | | general
superintendent in cases where the local school council | 18 | | does not renew the
performance contract of its principal and | 19 | | does not directly select a new
principal to serve under a 4 | 20 | | year performance contract shall be submitted
not later than
30 | 21 | | days prior to the expiration of the current performance | 22 | | contract. In
cases where the local school council fails or | 23 | | refuses to submit the candidate
list to the general | 24 | | superintendent no later than 30 days prior to the
expiration of | 25 | | the incumbent principal's contract, the general superintendent
| 26 | | may
appoint a principal on an interim basis for a period not to |
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| 1 | | exceed one year,
during which time the local school council | 2 | | shall be able to select a new
principal with 7 affirmative | 3 | | votes as provided in subsection (c) of Section
34-2.2. In cases | 4 | | where a principal is removed for cause or a
vacancy otherwise | 5 | | occurs in the position of principal and the vacancy is
not | 6 | | filled by direct selection by the local school council, the | 7 | | candidate
list shall be submitted by the local school council | 8 | | to the general
superintendent within 90 days after the date | 9 | | such
removal or
vacancy occurs.
In cases where the local school | 10 | | council fails or refuses to submit the
candidate list to the | 11 | | general superintendent within 90 days after the date of
the | 12 | | vacancy, the general superintendent may appoint a principal on | 13 | | an interim
basis for a period of one year, during which time | 14 | | the local school council
shall be able to select a new | 15 | | principal with 7 affirmative votes as provided in
subsection | 16 | | (c) of Section 34-2.2.
| 17 | | 2.5. Whenever a vacancy in the office of a principal occurs | 18 | | for any reason,
the vacancy shall be filled in the manner | 19 | | provided by this Section by the
selection of a new principal to | 20 | | serve under a 4 year performance contract.
| 21 | | 3. To establish additional criteria
to be included as part | 22 | | of
the
performance contract of its principal, provided that | 23 | | such additional
criteria shall not discriminate on the basis of | 24 | | race, sex, creed, color
or
disability unrelated to ability to | 25 | | perform, and shall not be inconsistent
with the uniform 4 year | 26 | | performance contract for principals developed by
the board as |
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| 1 | | provided in Section 34-8.1 of the School Code
or with other | 2 | | provisions of this Article governing the
authority and | 3 | | responsibility of principals.
| 4 | | 4. To approve the expenditure plan prepared by the | 5 | | principal with
respect to all funds allocated and distributed | 6 | | to the attendance center by
the Board. The expenditure plan | 7 | | shall be administered by the principal.
Notwithstanding any | 8 | | other provision of this Act or any other law, any
expenditure | 9 | | plan approved and
administered under this Section 34-2.3 shall | 10 | | be consistent with and subject to
the terms of any contract for | 11 | | services with a third party entered into by the
Chicago School | 12 | | Reform Board of Trustees or the board under this Act.
| 13 | | Via a supermajority vote of 7 members of the local school | 14 | | council or 8
members of a high school local school council, the | 15 | | Council may transfer
allocations pursuant to Section 34-2.3 | 16 | | within funds; provided that such a
transfer is consistent with | 17 | | applicable law and
collective bargaining
agreements.
| 18 | | Beginning in fiscal year 1991 and in each fiscal year
| 19 | | thereafter, the
Board may reserve up to 1% of its total fiscal | 20 | | year budget for
distribution
on a prioritized basis to schools | 21 | | throughout the school system in order to
assure adequate | 22 | | programs to meet the needs of
special student populations as | 23 | | determined by the Board. This distribution
shall take into | 24 | | account the needs catalogued in the Systemwide Plan and the
| 25 | | various local school improvement plans of the local school | 26 | | councils.
Information about these centrally funded programs |
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| 1 | | shall be distributed to
the local school councils so that their | 2 | | subsequent planning and programming
will account for these | 3 | | provisions.
| 4 | | Beginning in fiscal year 1991 and in each fiscal year | 5 | | thereafter, from
other amounts available in the applicable | 6 | | fiscal year budget, the board
shall allocate a lump sum amount | 7 | | to each local school based upon
such formula as the board shall | 8 | | determine taking into account the special needs
of the student | 9 | | body. The local school
principal shall develop an expenditure | 10 | | plan in consultation with the local
school council, the | 11 | | professional personnel leadership
committee and with all
other | 12 | | school personnel, which reflects the
priorities and activities | 13 | | as described in the school's local school
improvement plan and | 14 | | is consistent with applicable law and collective
bargaining | 15 | | agreements and with board policies and standards; however, the
| 16 | | local school council shall have the right to request waivers of | 17 | | board policy
from the board of education and waivers of | 18 | | employee collective bargaining
agreements pursuant to Section | 19 | | 34-8.1a.
| 20 | | The expenditure plan developed by the principal with | 21 | | respect to
amounts available from the fund for prioritized | 22 | | special needs programs
and the allocated lump sum amount must | 23 | | be approved by the local school council.
| 24 | | The lump sum allocation shall take into account the
| 25 | | following principles:
| 26 | | a. Teachers: Each school shall be allocated funds equal |
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| 1 | | to the
amount appropriated in the previous school year for | 2 | | compensation for
teachers (regular grades kindergarten | 3 | | through 12th grade) plus whatever
increases in | 4 | | compensation have been negotiated contractually or through
| 5 | | longevity as provided in the negotiated agreement. | 6 | | Adjustments shall be
made due to layoff or reduction in | 7 | | force, lack of funds or work, change in
subject | 8 | | requirements, enrollment changes, or contracts with third
| 9 | | parties for the performance of services or to rectify
any | 10 | | inconsistencies with system-wide allocation formulas or | 11 | | for other
legitimate reasons.
| 12 | | b. Other personnel: Funds for other teacher | 13 | | certificated and
uncertificated personnel paid through | 14 | | non-categorical funds shall be
provided according to | 15 | | system-wide formulas based on student enrollment and
the | 16 | | special needs of the school as determined by the Board.
| 17 | | c. Non-compensation items: Appropriations for all | 18 | | non-compensation items
shall be based on system-wide | 19 | | formulas based on student enrollment and
on the special | 20 | | needs of the school or factors related to the physical
| 21 | | plant, including but not limited to textbooks, electronic | 22 | | textbooks and the technological equipment necessary to | 23 | | gain access to and use electronic textbooks, supplies, | 24 | | electricity,
equipment, and routine maintenance.
| 25 | | d. Funds for categorical programs: Schools shall | 26 | | receive personnel
and funds based on, and shall use such |
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| 1 | | personnel and funds in accordance
with State and Federal | 2 | | requirements applicable to each
categorical program
| 3 | | provided to meet the special needs of the student body | 4 | | (including but not
limited to, Federal Chapter I, | 5 | | Bilingual, and Special Education).
| 6 | | d.1. Funds for State Title I: Each school shall receive
| 7 | | funds based on State and Board requirements applicable to | 8 | | each State
Title I pupil provided to meet the special needs | 9 | | of the student body. Each
school shall receive the | 10 | | proportion of funds as provided in Section 18-8 to
which | 11 | | they are entitled. These funds shall be spent only with the
| 12 | | budgetary approval of the Local School Council as provided | 13 | | in Section 34-2.3.
| 14 | | e. The Local School Council shall have the right to | 15 | | request the
principal to close positions and open new ones | 16 | | consistent with the
provisions of the local school | 17 | | improvement plan provided that these
decisions are | 18 | | consistent with applicable law and
collective bargaining
| 19 | | agreements. If a position is closed, pursuant to this | 20 | | paragraph, the local
school shall have for its use the | 21 | | system-wide average compensation for the
closed position.
| 22 | | f. Operating within existing laws and
collective | 23 | | bargaining agreements,
the local school council shall have | 24 | | the right to direct the principal to
shift expenditures | 25 | | within funds.
| 26 | | g. (Blank).
|
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| 1 | | Any funds unexpended at the end of the fiscal year shall be | 2 | | available to
the board of education for use as part of its | 3 | | budget for the following
fiscal year.
| 4 | | 5. To make recommendations to the principal concerning | 5 | | textbook
selection and concerning curriculum developed | 6 | | pursuant to the school
improvement plan which is consistent | 7 | | with systemwide curriculum objectives
in accordance with | 8 | | Sections 34-8 and 34-18 of the School Code and in
conformity | 9 | | with the collective bargaining agreement.
| 10 | | 6. To advise the principal concerning the attendance and
| 11 | | disciplinary policies for the attendance center, subject to the | 12 | | provisions
of this Article and Article 26, and consistent with | 13 | | Section 34-18.50 and the uniform system of
discipline | 14 | | established by the board pursuant to Section 34-19.
| 15 | | 7. To approve a school improvement plan developed as | 16 | | provided in Section
34-2.4. The process and schedule for plan | 17 | | development shall be publicized
to the entire school community, | 18 | | and the community shall be afforded the
opportunity to make | 19 | | recommendations concerning the plan. At least twice a
year the | 20 | | principal and
local
school council shall report publicly on
| 21 | | progress and problems with respect to plan implementation.
| 22 | | 8. To evaluate the allocation of teaching resources and | 23 | | other
certificated and uncertificated staff to the attendance | 24 | | center to determine
whether such allocation is consistent with | 25 | | and in furtherance of
instructional objectives and school | 26 | | programs reflective of the school
improvement plan adopted for |
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| 1 | | the attendance center; and to make
recommendations to the | 2 | | board, the general superintendent
and the
principal concerning | 3 | | any reallocation of teaching resources
or other staff whenever | 4 | | the council determines that any such
reallocation is | 5 | | appropriate because the qualifications of any existing
staff at | 6 | | the attendance center do not adequately match or support
| 7 | | instructional objectives or school programs which reflect the | 8 | | school
improvement plan.
| 9 | | 9. To make recommendations to the principal and the general | 10 | | superintendent
concerning their respective appointments, after | 11 | | August 31, 1989, and in the
manner provided by Section 34-8 and | 12 | | Section 34-8.1,
of persons to fill any vacant, additional or | 13 | | newly created
positions for teachers at the attendance center | 14 | | or at attendance centers
which include the attendance center | 15 | | served by the local school council.
| 16 | | 10. To request of the Board the manner in which training | 17 | | and
assistance shall be provided to the local school council. | 18 | | Pursuant to Board
guidelines a local school council is | 19 | | authorized to direct
the Board of Education to contract with | 20 | | personnel or not-for-profit
organizations not associated with | 21 | | the school district to train or assist
council members. If | 22 | | training or assistance is provided by contract with
personnel | 23 | | or organizations not associated with the school district, the
| 24 | | period of training or assistance shall not exceed 30 hours | 25 | | during a given
school year; person shall not be employed on a | 26 | | continuous basis longer than
said period and shall not have |
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| 1 | | been employed by the Chicago Board of
Education within the | 2 | | preceding six months. Council members shall receive
training in | 3 | | at least the following areas:
| 4 | | 1. school budgets;
| 5 | | 2. educational theory pertinent to the attendance | 6 | | center's particular
needs, including the development of | 7 | | the school improvement plan and the
principal's | 8 | | performance contract; and
| 9 | | 3. personnel selection.
| 10 | | Council members shall, to the greatest extent possible, | 11 | | complete such
training within 90 days of election.
| 12 | | 11. In accordance with systemwide guidelines contained in | 13 | | the
System-Wide Educational Reform Goals and Objectives Plan, | 14 | | criteria for
evaluation of performance shall be established for | 15 | | local school councils
and local school council members. If a | 16 | | local school council persists in
noncompliance with systemwide | 17 | | requirements, the Board may impose sanctions
and take necessary | 18 | | corrective action, consistent with Section 34-8.3.
| 19 | | 12. Each local school council shall comply with the Open | 20 | | Meetings Act and
the Freedom of Information Act. Each local | 21 | | school council shall issue and
transmit to its school community | 22 | | a detailed annual report accounting for
its activities | 23 | | programmatically and financially. Each local school council
| 24 | | shall convene at least 2 well-publicized meetings annually with | 25 | | its entire
school community. These meetings shall include | 26 | | presentation of the
proposed local school improvement plan, of |
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| 1 | | the proposed school expenditure
plan, and the annual report, | 2 | | and shall provide an opportunity for public
comment.
| 3 | | 13. Each local school council is encouraged to involve | 4 | | additional
non-voting members of the school community in | 5 | | facilitating the council's
exercise of its responsibilities.
| 6 | | 14. The local school council may adopt a school
uniform or | 7 | | dress
code policy that governs the attendance center and that | 8 | | is
necessary to maintain the orderly process of a school | 9 | | function or prevent
endangerment of student health or safety, | 10 | | consistent with the policies and
rules of the Board of | 11 | | Education.
A school uniform or dress code policy adopted
by a | 12 | | local school council: (i) shall not be applied in such manner | 13 | | as to
discipline or deny attendance to a transfer student or | 14 | | any other student for
noncompliance with that
policy during | 15 | | such period of time as is reasonably necessary to enable the
| 16 | | student to acquire a school uniform or otherwise comply with | 17 | | the dress code
policy that is in effect at the attendance | 18 | | center into which the student's
enrollment is transferred; and | 19 | | (ii) shall include criteria and procedures under
which the | 20 | | local school council will accommodate the needs of or otherwise
| 21 | | provide
appropriate resources to assist a student from an | 22 | | indigent family in complying
with an applicable school uniform | 23 | | or dress code policy.
A student whose parents or legal | 24 | | guardians object on religious grounds to the
student's | 25 | | compliance with an applicable school uniform or dress code | 26 | | policy
shall not be required to comply with that policy if the |
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| 1 | | student's parents or
legal guardians present to the local | 2 | | school council a signed statement of
objection detailing the | 3 | | grounds for the objection.
| 4 | | 15. All decisions made and actions taken by the local | 5 | | school council in
the exercise of its powers and duties shall | 6 | | comply with State and federal
laws, all applicable collective | 7 | | bargaining agreements, court orders and
rules properly | 8 | | promulgated by the Board.
| 9 | | 15a. To grant, in accordance with board rules and policies,
| 10 | | the use of assembly halls and classrooms when not otherwise | 11 | | needed,
including lighting, heat, and attendants, for public | 12 | | lectures, concerts, and
other educational and social | 13 | | activities.
| 14 | | 15b. To approve, in accordance with board rules and | 15 | | policies, receipts and
expenditures for all internal accounts | 16 | | of the
attendance center, and to approve all fund-raising | 17 | | activities by nonschool
organizations that use the school | 18 | | building.
| 19 | | 16. (Blank).
| 20 | | 17. Names and addresses of local school council members | 21 | | shall
be a matter of public record.
| 22 | | (Source: P.A. 96-1403, eff. 7-29-10.)
| 23 | | (105 ILCS 5/34-18.50 new) | 24 | | Sec. 34-18.50. Suspension or expulsion of pupils; school | 25 | | searches. |
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| 1 | | (a) To expel pupils guilty of gross disobedience or | 2 | | misconduct, including gross disobedience or misconduct | 3 | | perpetuated by electronic means, pursuant to subsection (f) of | 4 | | this Section, and no action shall lie against them for such | 5 | | expulsion. Expulsion shall take place only after the parents | 6 | | have been requested to appear at a meeting of the board, or | 7 | | with a hearing officer appointed by it, to discuss their | 8 | | child's behavior. Such request shall be made by registered or | 9 | | certified mail and shall state the time, place, and purpose of | 10 | | the meeting. The board, or a hearing officer appointed by it, | 11 | | at such meeting shall state the reasons for dismissal and the | 12 | | date on which the expulsion is to become effective. If a | 13 | | hearing officer is appointed by the board, he or she shall | 14 | | report to the board a written summary of the evidence heard at | 15 | | the meeting and the board may take such action thereon as it | 16 | | finds appropriate. If the board acts to expel a pupil, the | 17 | | written expulsion decision shall detail the specific reasons | 18 | | why removing the pupil from the learning environment is in the | 19 | | best interest of the school. The expulsion decision shall also | 20 | | include a rationale as to the specific duration of the | 21 | | expulsion. An expelled pupil may be immediately transferred to | 22 | | an alternative program in the manner provided in Article 13A or | 23 | | 13B of this Code. A pupil must not be denied transfer because | 24 | | of the expulsion, except in cases in which such transfer is | 25 | | deemed to cause a threat to the safety of students or staff in | 26 | | the alternative program. |
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| 1 | | (b) To suspend or by policy to authorize the superintendent | 2 | | of the district or the principal, assistant principal, or dean | 3 | | of students of any school to suspend pupils guilty of gross | 4 | | disobedience or misconduct, or to suspend pupils guilty of | 5 | | gross disobedience or misconduct on the school bus from riding | 6 | | the school bus, pursuant to subsections (e) and (f) of this | 7 | | Section, and no action shall lie against them for such | 8 | | suspension. The board may by policy authorize the | 9 | | superintendent of the district or the principal, assistant | 10 | | principal, or dean of students of any school to suspend pupils | 11 | | guilty of such acts for a period not to exceed 10 school days. | 12 | | If a pupil is suspended due to gross disobedience or misconduct | 13 | | on a school bus, the board may suspend the pupil in excess of | 14 | | 10 school days for safety reasons. | 15 | | Any suspension shall be reported immediately to the parents | 16 | | or guardian of a pupil along with a full statement of the | 17 | | reasons for such suspension and a notice of their right to a | 18 | | review. The board must be given a summary of the notice, | 19 | | including the reason for the suspension and the suspension | 20 | | length. Upon request of the parents or guardian, the board or a | 21 | | hearing officer appointed by it shall review such action of the | 22 | | superintendent or principal, assistant principal, or dean of | 23 | | students. At such review the parents or guardian of the pupil | 24 | | may appear and discuss the suspension with the board or its | 25 | | hearing officer. If a hearing officer is appointed by the | 26 | | board, he or she shall report to the board a written summary of |
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| 1 | | the evidence heard at the meeting. After its hearing or upon | 2 | | receipt of the written report of its hearing officer, the board | 3 | | may take such action as it finds appropriate. If a student is | 4 | | suspended pursuant to this subsection (b), the board shall, in | 5 | | the written suspension decision, detail the specific act of | 6 | | gross disobedience or misconduct resulting in the decision to | 7 | | suspend. The suspension decision shall also include a rationale | 8 | | as to the specific duration of the suspension. A pupil who is | 9 | | suspended in excess of 20 school days may be immediately | 10 | | transferred to an alternative program in the manner provided in | 11 | | Article 13A or 13B of this Code. A pupil must not be denied | 12 | | transfer because of the suspension, except in cases in which | 13 | | such transfer is deemed to cause a threat to the safety of | 14 | | students or staff in the alternative program. | 15 | | (c) Among the many possible disciplinary interventions and | 16 | | consequences available to school officials, school exclusions, | 17 | | such as out-of-school suspensions and expulsions, are the most | 18 | | serious. School officials shall limit the number and duration | 19 | | of expulsions and suspensions to the greatest extent | 20 | | practicable, and it is recommended that they use them only for | 21 | | legitimate educational purposes. To ensure that students are | 22 | | not excluded from school unnecessarily, it is recommended that | 23 | | school officials consider forms of non-exclusionary discipline | 24 | | prior to using out-of-school suspensions or expulsions. | 25 | | (d) Unless otherwise required by federal law or this Code, | 26 | | the board may not institute zero-tolerance policies by which |
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| 1 | | school administrators are required to suspend or expel students | 2 | | for particular behaviors. | 3 | | (e) Out-of-school suspensions of 3 days or less may be used | 4 | | only if the student's continuing presence in school would pose | 5 | | a threat to school safety or a disruption to other students' | 6 | | learning opportunities. For purposes of this subsection (e), | 7 | | "threat to school safety or a disruption to other students' | 8 | | learning opportunities" shall be determined on a case-by-case | 9 | | basis by the board or its designee. School officials shall make | 10 | | all reasonable efforts to resolve such threats, address such | 11 | | disruptions, and minimize the length of suspensions to the | 12 | | greatest extent practicable. | 13 | | (f) Unless otherwise required by this Code, out-of-school | 14 | | suspensions of longer than 3 days, expulsions, and disciplinary | 15 | | removals to alternative schools may be used only if other | 16 | | appropriate and available behavioral and disciplinary | 17 | | interventions have been exhausted and the student's continuing | 18 | | presence in school would either (i) pose a threat to the safety | 19 | | of other students, staff, or members of the school community or | 20 | | (ii) substantially disrupt, impede, or interfere with the | 21 | | operation of the school. For purposes of this subsection (f), | 22 | | "threat to the safety of other students, staff, or members of | 23 | | the school community" and "substantially disrupt, impede, or | 24 | | interfere with the operation of the school" shall be determined | 25 | | on a case-by-case basis by school officials. For purposes of | 26 | | this subsection (f), the determination of whether "appropriate |
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| 1 | | and available behavioral and disciplinary interventions have | 2 | | been exhausted" shall be made by school officials. School | 3 | | officials shall make all reasonable efforts to resolve such | 4 | | threats, address such disruptions, and minimize the length of | 5 | | student exclusions to the greatest extent practicable. Within | 6 | | the suspension decision described in subsection (b) of this | 7 | | Section or the expulsion decision described in subsection (a) | 8 | | of this Section, it shall be documented whether other | 9 | | interventions were attempted or whether it was determined that | 10 | | there were no other appropriate and available interventions. | 11 | | (g) Students who are suspended out-of-school for longer | 12 | | than 4 school days shall be provided appropriate and available | 13 | | support services during the period of their suspension. For | 14 | | purposes of this subsection (g), "appropriate and available | 15 | | support services" shall be determined by school authorities. | 16 | | Within the suspension decision described in subsection (b) of | 17 | | this Section, it shall be documented whether such services are | 18 | | to be provided or whether it was determined that there are no | 19 | | such appropriate and available services. | 20 | | The school district may refer students who are expelled to | 21 | | appropriate and available support services. | 22 | | The school district shall create a policy to facilitate the | 23 | | re-engagement of students who are suspended out-of-school, | 24 | | expelled, or returning from an alternative school setting. | 25 | | (h) The school district shall create a policy by which | 26 | | suspended pupils, including those pupils suspended from the |
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| 1 | | school bus who do not have alternate transportation to school, | 2 | | shall have the opportunity to make up work for equivalent | 3 | | academic credit. It shall be the responsibility of a pupil's | 4 | | parent or guardian to notify school officials that a pupil | 5 | | suspended from the school bus does not have alternate | 6 | | transportation to school. | 7 | | (i) The Department of Human Services shall be invited to | 8 | | send a representative to consult with the board at such meeting | 9 | | whenever there is evidence that mental illness may be the cause | 10 | | for expulsion or suspension. | 11 | | (j) The school district shall make reasonable efforts to | 12 | | provide ongoing professional development to teachers, | 13 | | administrators, board members, school resource officers, and | 14 | | staff on the adverse consequences of school exclusion and | 15 | | justice-system involvement, effective classroom management | 16 | | strategies, culturally responsive discipline, and | 17 | | developmentally appropriate disciplinary methods that promote | 18 | | positive and healthy school climates. | 19 | | (k) The board may expel a student for a definite period of | 20 | | time not to exceed 2 calendar years, as determined on a case by | 21 | | case basis. A student who is determined to have brought one of | 22 | | the following objects to school, any school-sponsored activity | 23 | | or event, or any activity or event that bears a reasonable | 24 | | relationship to school shall be expelled for a period of not | 25 | | less than one year: | 26 | | (1) A firearm. For the purposes of this Section, |
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| 1 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 2 | | by Section 921 of Title 18 of the United States Code, | 3 | | firearm as defined in Section 1.1 of the Firearm Owners | 4 | | Identification Card Act, or firearm as defined in Section | 5 | | 24-1 of the Criminal Code of 2012. The expulsion period | 6 | | under this subdivision (1) may be modified by the | 7 | | superintendent, and the superintendent's determination may | 8 | | be modified by the board on a case-by-case basis. | 9 | | (2) A knife, brass knuckles or other knuckle weapon | 10 | | regardless of its composition, a billy club, or any other | 11 | | object if used or attempted to be used to cause bodily | 12 | | harm, including "look alikes" of any firearm as defined in | 13 | | subdivision (1) of this subsection (k). The expulsion | 14 | | requirement under this subdivision (2) may be modified by | 15 | | the superintendent, and the superintendent's determination | 16 | | may be modified by the board on a case-by-case basis. | 17 | | Expulsion or suspension shall be construed in a manner | 18 | | consistent with the federal Individuals with Disabilities | 19 | | Education Act. A student who is subject to suspension or | 20 | | expulsion as provided in this Section may be eligible for a | 21 | | transfer to an alternative school program in accordance with | 22 | | Article 13A of the School Code. | 23 | | (l) The board may suspend or by regulation authorize the | 24 | | superintendent of the district or the principal, assistant | 25 | | principal, or dean of students of any school to suspend a | 26 | | student for a period not to exceed 10 school days or may expel |
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| 1 | | a student for a definite period of time not to exceed 2 | 2 | | calendar years, as determined on a case by case basis, if (i) | 3 | | that student has been determined to have made an explicit | 4 | | threat on an Internet website against a school employee, a | 5 | | student, or any school-related personnel, (ii) the Internet | 6 | | website through which the threat was made is a site that was | 7 | | accessible within the school at the time the threat was made or | 8 | | was available to third parties who worked or studied within the | 9 | | school grounds at the time the threat was made, and (iii) the | 10 | | threat could be reasonably interpreted as threatening to the | 11 | | safety and security of the threatened individual because of his | 12 | | or her duties or employment status or status as a student | 13 | | inside the school. | 14 | | (m) To maintain order and security in the schools, school | 15 | | authorities may inspect and search places and areas such as | 16 | | lockers, desks, parking lots, and other school property and | 17 | | equipment owned or controlled by the school, as well as | 18 | | personal effects left in those places and areas by students, | 19 | | without notice to or the consent of the student, and without a | 20 | | search warrant. As a matter of public policy, the General | 21 | | Assembly finds that students have no reasonable expectation of | 22 | | privacy in these places and areas or in their personal effects | 23 | | left in these places and areas. School authorities may request | 24 | | the assistance of law enforcement officials for the purpose of | 25 | | conducting inspections and searches of lockers, desks, parking | 26 | | lots, and other school property and equipment owned or |
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| 1 | | controlled by the school for illegal drugs, weapons, or other | 2 | | illegal or dangerous substances or materials, including | 3 | | searches conducted through the use of specially trained dogs. | 4 | | If a search conducted in accordance with this Section produces | 5 | | evidence that the student has violated or is violating either | 6 | | the law, local ordinance, or the school's policies or rules, | 7 | | such evidence may be seized by school authorities, and | 8 | | disciplinary action may be taken. School authorities may also | 9 | | turn over such evidence to law enforcement authorities. | 10 | | (n) 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. | 13 | | (o) The school district may adopt a policy providing that | 14 | | if 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 in an alternative school program under Article 13A of | 18 | | this Code or an alternative learning opportunities program | 19 | | under Article 13B of this Code before being admitted into the | 20 | | school district if there is no threat to the safety of students | 21 | | or staff in the alternative program. | 22 | | (p) School officials shall not advise or encourage students | 23 | | to drop out voluntarily due to behavioral or academic | 24 | | difficulties. | 25 | | (q) A student may not be issued a monetary fine or fee as a | 26 | | disciplinary consequence, though this shall not preclude |
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| 1 | | requiring a student to provide restitution for lost, stolen, or | 2 | | damaged property. | 3 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 4 | | (Text of Section before amendment by P.A. 99-456 ) | 5 | | Sec. 34-19. By-laws, rules and regulations; business | 6 | | transacted at
regular meetings; voting; records. The board | 7 | | shall, subject to the limitations
in this Article, establish | 8 | | by-laws, rules and regulations, which shall have the
force of | 9 | | ordinances, for the proper maintenance of a uniform system of
| 10 | | discipline for both employees and pupils, and for the entire | 11 | | management of the
schools, and may fix the school age of | 12 | | pupils, the minimum of which in
kindergartens shall not be | 13 | | under 4 years, except that, based upon an assessment of the | 14 | | child's readiness, children who have attended a non-public | 15 | | preschool and continued their education at that school through | 16 | | kindergarten, were taught in kindergarten by an appropriately | 17 | | certified teacher, and will attain the age of 6 years on or | 18 | | before December 31 of the year of the 2009-2010 school term and | 19 | | each school term thereafter may attend first grade upon | 20 | | commencement of such term, and in grade schools shall not be
| 21 | | under 6 years. It may expel, suspend or, subject to the | 22 | | limitations of all
policies established or adopted under | 23 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 24 | | gross disobedience, misconduct or other violation of the
| 25 | | by-laws, rules and regulations, including gross disobedience |
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| 1 | | or misconduct perpetuated by electronic means. An expelled | 2 | | pupil may be immediately transferred to an alternative program | 3 | | in the manner provided in Article 13A or 13B of this Code. A | 4 | | pupil must not be denied transfer because of the expulsion, | 5 | | except in cases in which such transfer is deemed to cause a | 6 | | threat to the safety of students or staff in the alternative | 7 | | program. A pupil who is suspended in excess of 20 school days | 8 | | may be immediately transferred to an alternative program in the | 9 | | manner provided in Article 13A or 13B of this Code. A pupil | 10 | | must not be denied transfer because of the suspension, except | 11 | | in cases in which such transfer is deemed to cause a threat to | 12 | | the safety of students or staff in the alternative program. The | 13 | | bylaws, rules and regulations of the board
shall be enacted, | 14 | | money shall be appropriated or expended, salaries shall be
| 15 | | fixed or changed, and textbooks, electronic textbooks, and | 16 | | courses of instruction shall be adopted or
changed only at the | 17 | | regular meetings of the board and by a vote of a
majority of | 18 | | the full membership of the board; provided that
notwithstanding | 19 | | any other provision of this Article or the School Code,
neither | 20 | | the board or any local school council may purchase any textbook | 21 | | for use in any public school of the
district from any textbook | 22 | | publisher that fails to furnish any computer
diskettes as | 23 | | required under Section 28-21. Funds appropriated for textbook | 24 | | purchases must be available for electronic textbook purchases | 25 | | and the technological equipment necessary to gain access to and | 26 | | use electronic textbooks at the local school council's |
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| 1 | | discretion. The board shall be further
encouraged to provide | 2 | | opportunities for public hearing and testimony before
the | 3 | | adoption of bylaws, rules and regulations. Upon all | 4 | | propositions
requiring for their adoption at least a majority | 5 | | of all the members of the
board the yeas and nays shall be | 6 | | taken and reported. The by-laws, rules and
regulations of the | 7 | | board shall not be repealed, amended or added to, except
by a | 8 | | vote of 2/3 of the full membership of the board. The board | 9 | | shall keep
a record of all its proceedings. Such records and | 10 | | all
by-laws, rules and regulations, or parts thereof, may be | 11 | | proved by a copy
thereof certified to be such by the secretary | 12 | | of the board, but if they are
printed in book or pamphlet form | 13 | | which are purported to be published by
authority of the board | 14 | | they need not be otherwise published and the book or
pamphlet | 15 | | shall be received as evidence, without further proof, of the
| 16 | | records, by-laws, rules and regulations, or any part thereof, | 17 | | as of the
dates thereof as shown in such book or pamphlet, in | 18 | | all courts and places
where judicial proceedings are had. | 19 | | Notwithstanding any other provision in this Article or in | 20 | | the School
Code, the board may delegate to the general | 21 | | superintendent or to the
attorney the authorities granted to | 22 | | the board in the School Code, provided
such delegation and | 23 | | appropriate oversight procedures are made pursuant to
board | 24 | | by-laws, rules and regulations, adopted as herein provided, | 25 | | except that
the board may not delegate its authorities and | 26 | | responsibilities regarding (1)
budget approval obligations; |
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| 1 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 2 | | real estate acquisition, sale or lease in excess of 10 years
as | 3 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 4 | | mandates
imposed upon the board by "An Act in relation to | 5 | | school reform in cities over
500,000, amending Acts herein | 6 | | named", approved December 12, 1988 (P.A.
85-1418). | 7 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 8 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 9 | | 7-13-12.) | 10 | | (Text of Section after amendment by P.A. 99-456 ) | 11 | | Sec. 34-19. By-laws, rules and regulations; business | 12 | | transacted at
regular meetings; voting; records. The board | 13 | | shall, subject to the limitations
in this Article, establish | 14 | | by-laws, rules and regulations, which shall have the
force of | 15 | | ordinances, for the proper maintenance of a uniform system of
| 16 | | discipline for both employees and pupils, and for the entire | 17 | | management of the
schools, and may fix the school age of | 18 | | pupils, the minimum of which in
kindergartens shall not be | 19 | | under 4 years, except that, based upon an assessment of the | 20 | | child's readiness, children who have attended a non-public | 21 | | preschool and continued their education at that school through | 22 | | kindergarten, were taught in kindergarten by an appropriately | 23 | | certified teacher, and will attain the age of 6 years on or | 24 | | before December 31 of the year of the 2009-2010 school term and | 25 | | each school term thereafter may attend first grade upon |
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| 1 | | commencement of such term, and in grade schools shall not be
| 2 | | under 6 years. It may expel, suspend or, subject to the | 3 | | limitations of all
policies established or adopted under | 4 | | Section 34-18.50 10-22.6 or 14-8.05, otherwise discipline any
| 5 | | pupil found guilty of gross disobedience, misconduct, or other | 6 | | violation of the
by-laws, rules, and regulations, including | 7 | | gross disobedience or misconduct perpetuated by electronic | 8 | | means. An expelled pupil may be immediately transferred to an | 9 | | alternative program in the manner provided in Article 13A or | 10 | | 13B of this Code. A pupil must not be denied transfer because | 11 | | of the expulsion, except in cases in which such transfer is | 12 | | deemed to cause a threat to the safety of students or staff in | 13 | | the alternative program. A pupil who is suspended in excess of | 14 | | 20 school days may be immediately transferred to an alternative | 15 | | program in the manner provided in Article 13A or 13B of this | 16 | | Code. A pupil must not be denied transfer because of the | 17 | | suspension, except in cases in which such transfer is deemed to | 18 | | cause a threat to the safety of students or staff in the | 19 | | alternative program. The bylaws, rules and regulations of the | 20 | | board
shall be enacted, money shall be appropriated or | 21 | | expended, salaries shall be
fixed or changed, and textbooks, | 22 | | electronic textbooks, and courses of instruction shall be | 23 | | adopted or
changed only at the regular meetings of the board | 24 | | and by a vote of a
majority of the full membership of the | 25 | | board; provided that
notwithstanding any other provision of | 26 | | this Article or the School Code,
neither the board or any local |
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| 1 | | school council may purchase any textbook for use in any public | 2 | | school of the
district from any textbook publisher that fails | 3 | | to furnish any computer
diskettes as required under Section | 4 | | 28-21. Funds appropriated for textbook purchases must be | 5 | | available for electronic textbook purchases and the | 6 | | technological equipment necessary to gain access to and use | 7 | | electronic textbooks at the local school council's discretion. | 8 | | The board shall be further
encouraged to provide opportunities | 9 | | for public hearing and testimony before
the adoption of bylaws, | 10 | | rules and regulations. Upon all propositions
requiring for | 11 | | their adoption at least a majority of all the members of the
| 12 | | board the yeas and nays shall be taken and reported. The | 13 | | by-laws, rules and
regulations of the board shall not be | 14 | | repealed, amended or added to, except
by a vote of 2/3 of the | 15 | | full membership of the board. The board shall keep
a record of | 16 | | all its proceedings. Such records and all
by-laws, rules and | 17 | | regulations, or parts thereof, may be proved by a copy
thereof | 18 | | certified to be such by the secretary of the board, but if they | 19 | | are
printed in book or pamphlet form which are purported to be | 20 | | published by
authority of the board they need not be otherwise | 21 | | published and the book or
pamphlet shall be received as | 22 | | evidence, without further proof, of the
records, by-laws, rules | 23 | | and regulations, or any part thereof, as of the
dates thereof | 24 | | as shown in such book or pamphlet, in all courts and places
| 25 | | where judicial proceedings are had. | 26 | | Notwithstanding any other provision in this Article or in |
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| 1 | | the School
Code, the board may delegate to the general | 2 | | superintendent or to the
attorney the authorities granted to | 3 | | the board in the School Code, provided
such delegation and | 4 | | appropriate oversight procedures are made pursuant to
board | 5 | | by-laws, rules and regulations, adopted as herein provided, | 6 | | except that
the board may not delegate its authorities and | 7 | | responsibilities regarding (1)
budget approval obligations; | 8 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 9 | | real estate acquisition, sale or lease in excess of 10 years
as | 10 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 11 | | mandates
imposed upon the board by "An Act in relation to | 12 | | school reform in cities over
500,000, amending Acts herein | 13 | | named", approved December 12, 1988 (P.A.
85-1418). | 14 | | (Source: P.A. 99-456, eff. 9-15-16.)
| 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act.
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