Full Text of HB0642 94th General Assembly
HB0642 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0642
Introduced 1/28/2005, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-22.6 |
from Ch. 122, par. 10-22.6 |
105 ILCS 5/31-3 |
from Ch. 122, par. 31-3 |
105 ILCS 5/34-19 |
from Ch. 122, par. 34-19 |
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Amends the
School
Code. Provides that a student may not be expelled, except (i) for any
criminal offense for which a sentence to the Department of Corrections may be
imposed or (ii) when the student is
determined to have brought a weapon to school, any school-sponsored activity,
or an activity or event that bears a reasonable relationship to school.
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A BILL FOR
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HB0642 |
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LRB094 06863 LJB 36970 b |
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| AN ACT concerning education.
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| WHEREAS, It has come to the attention of the General | 3 |
| Assembly that expulsion
may cause irreparable harm to a | 4 |
| student; therefore
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| Be it enacted by the People of the State of Illinois, | 6 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 8 |
| 10-22.6, 31-3, and 34-19 as follows:
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 11 |
| searches.
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| (a) To expel pupils as provided in subsection (d)
guilty of | 13 |
| gross
disobedience or misconduct , and
no action shall lie | 14 |
| against them for such expulsion. Expulsion shall
take place | 15 |
| only after the parents have been requested to appear at a
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| meeting of the board, or with a hearing officer appointed by | 17 |
| it, to
discuss their child's behavior. Such request shall be | 18 |
| made by registered
or certified mail and shall state the time, | 19 |
| place and purpose of the
meeting. The board, or a hearing | 20 |
| officer appointed by it, at such
meeting shall state the | 21 |
| reasons for dismissal and the date on which the
expulsion is to | 22 |
| become effective. If a hearing officer is appointed by
the | 23 |
| board he shall report to the board a written summary of the | 24 |
| evidence
heard at the meeting and the board may take such | 25 |
| action thereon as it
finds appropriate.
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| (b) To suspend or by regulation to authorize the | 27 |
| superintendent of
the district or the principal, assistant | 28 |
| principal, or dean of students
of any school to suspend pupils | 29 |
| guilty of gross disobedience or misconduct, or
to suspend | 30 |
| pupils guilty of gross disobedience or misconduct on the school | 31 |
| bus
from riding the school bus, and no action
shall lie against | 32 |
| them for such suspension. The board may by regulation
authorize |
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HB0642 |
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LRB094 06863 LJB 36970 b |
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| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 3 |
| guilty of such acts for a period not to exceed
10 school days. | 4 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 6 |
| 10
school
days for safety reasons. Any suspension shall be | 7 |
| reported immediately to the
parents or guardian of such pupil | 8 |
| along with a full statement of the
reasons for such suspension | 9 |
| and a notice of their right to a review, a
copy of which shall | 10 |
| be given to the school board. Upon request of the
parents or | 11 |
| guardian the school board or a hearing officer appointed by
it | 12 |
| shall review such action of the superintendent or principal, | 13 |
| assistant
principal, or dean of students. At such
review the | 14 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 16 |
| officer
is appointed by the board he shall report to the board | 17 |
| a written summary
of the evidence heard at the meeting. After | 18 |
| its hearing or upon receipt
of the written report of its | 19 |
| hearing officer, the board may take such
action as it finds | 20 |
| appropriate.
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| (c) The Department of Human Services
shall be invited to | 22 |
| send a representative to consult with the board at
such meeting | 23 |
| whenever there is evidence that mental illness may be the
cause | 24 |
| for expulsion or suspension.
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| (d) Except as otherwise provided in this subsection, the | 26 |
| board may
not expel a student .
The board may expel a student | 27 |
| for any criminal offense for which a sentence
to the Department | 28 |
| of Corrections may be imposed
for a definite period of time not | 29 |
| to
exceed 2 calendar years, as determined on a case by case | 30 |
| basis.
A student who
is determined to have brought a weapon to | 31 |
| school, any school-sponsored activity
or event, or
any activity | 32 |
| or event which bears a reasonable relationship to school shall
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| be expelled for a period of not less than
one year, except that | 34 |
| the expulsion period may be modified by the
superintendent, and | 35 |
| the superintendent's determination may be modified by
the board
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| on a case by case basis. For the purpose of this Section, the |
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| term "weapon"
means (1)
possession,
use, control, or transfer | 2 |
| of any gun, rifle, shotgun, weapon as
defined by Section 921 of | 3 |
| Title 18, United States Code, firearm as
defined in Section 1.1 | 4 |
| of the Firearm Owners Identification Act, or use of
a weapon as | 5 |
| defined in Section 24-1 of the Criminal Code, (2) any other
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| object if used or attempted to be used to cause bodily harm, | 7 |
| including but not
limited to, knives, brass knuckles,
or
billy | 8 |
| clubs, or (3) "look alikes" of any weapon as defined in this
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| Section. Expulsion
or suspension
shall be construed in a
manner | 10 |
| consistent with the Federal Individuals with Disabilities | 11 |
| Education
Act. A student who is subject to suspension or | 12 |
| expulsion as provided in this
Section may be eligible for a | 13 |
| transfer to an alternative school program in
accordance with | 14 |
| Article 13A of the School Code. The provisions of this
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| subsection (d) apply in all school districts,
including special | 16 |
| charter districts and districts organized under Article 34.
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| (e) To maintain order and security in the schools, school | 18 |
| authorities may
inspect and search places and areas such as | 19 |
| lockers, desks, parking lots, and
other school property and | 20 |
| equipment owned or controlled by the school, as well
as | 21 |
| personal effects left in those places and areas by students, | 22 |
| without notice
to or the consent of the student, and without a | 23 |
| search warrant. As a matter of
public policy, the General | 24 |
| Assembly finds that students have no reasonable
expectation of | 25 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 27 |
| the assistance
of law enforcement officials for the purpose of | 28 |
| conducting inspections and
searches of lockers, desks, parking | 29 |
| lots, and other school property and
equipment owned or | 30 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 32 |
| searches conducted
through the use of specially trained dogs. | 33 |
| If a search conducted in accordance
with this Section produces | 34 |
| evidence that the student has violated or is
violating either | 35 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and |
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| disciplinary action may
be taken. School authorities may also | 2 |
| turn over such evidence to law
enforcement authorities. The | 3 |
| provisions of this subsection (e) apply in all
school | 4 |
| districts, including special charter districts and districts | 5 |
| organized
under Article 34.
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| (f) Suspension or expulsion may include suspension or | 7 |
| expulsion from
school and all school activities and a | 8 |
| prohibition from being present on school
grounds.
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| (g) A school district may adopt a policy providing that if | 10 |
| a student
is suspended or expelled for any reason from any | 11 |
| public or private school
in this or any other state, the | 12 |
| student must complete the entire term of
the suspension or | 13 |
| expulsion before being admitted into the school
district. This | 14 |
| policy may allow placement of the student in an alternative
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| school program established under Article 13A of this Code, if | 16 |
| available, for
the
remainder of the suspension or expulsion. | 17 |
| This subsection (g) applies to
all school districts, including | 18 |
| special charter districts and districts
organized under | 19 |
| Article 34 of this Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| (105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
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| Sec. 31-3. Suspension or expulsion of members, pledges and | 23 |
| solicitors.
The governing body of any public school shall | 24 |
| suspend or expel any pupil
who is a member of or joins or | 25 |
| promises to join, or who becomes pledged to
become a member of, | 26 |
| or who solicits any other person to join, promise to
join or be | 27 |
| pledged to become a member of any public school fraternity,
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| sorority or secret society.
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| (Source: Laws 1961, p. 31.)
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| (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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| Sec. 34-19. By-laws, rules and regulations; business | 32 |
| transacted at
regular meetings; voting; records. The board | 33 |
| shall, subject to the limitations
in this Article, establish | 34 |
| by-laws, rules and regulations, which shall have the
force of |
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LRB094 06863 LJB 36970 b |
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| ordinances, for the proper maintenance of a uniform system of
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| discipline for both employees and pupils, and for the entire | 3 |
| management of the
schools, and may fix the school age of | 4 |
| pupils, the minimum of which in
kindergartens shall not be | 5 |
| under 4 years and in grade schools shall not be
under 6 years. | 6 |
| It may expel, suspend or, subject to the limitations of all
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| policies established or adopted under Section 14-8.05, | 8 |
| otherwise discipline any
pupil found guilty of gross | 9 |
| disobedience, misconduct or other violation of the
by-laws, | 10 |
| rules , and regulations. The Board may not expel a pupil for any
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| reason other than as provided in subsection (d) of Section | 12 |
| 10-22.6. The
bylaws, rules and regulations of the board
shall | 13 |
| be enacted, money shall be appropriated or expended, salaries | 14 |
| shall be
fixed or changed, and textbooks and courses of | 15 |
| instruction shall be adopted or
changed only at the regular | 16 |
| meetings of the board and by a vote of a
majority of the full | 17 |
| membership of the board; provided that
notwithstanding any | 18 |
| other provision of this Article or the School Code,
neither the | 19 |
| board or any local school council may purchase any textbook for | 20 |
| use
in any public school of the
district from any textbook | 21 |
| publisher that fails to furnish any computer
diskettes as | 22 |
| required under Section 28-21. The board shall be further
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| encouraged to provide opportunities for public hearing and | 24 |
| testimony before
the adoption of bylaws, rules and regulations. | 25 |
| Upon all propositions
requiring for their adoption at least a | 26 |
| majority of all the members of the
board the yeas and nays | 27 |
| shall be taken and reported. The by-laws, rules and
regulations | 28 |
| of the board shall not be repealed, amended or added to, except
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| by a vote of 2/3 of the full membership of the board. The board | 30 |
| shall keep
a record of all its proceedings. Such records and | 31 |
| all
by-laws, rules and regulations, or parts thereof, may be | 32 |
| proved by a copy
thereof certified to be such by the secretary | 33 |
| of the board, but if they are
printed in book or pamphlet form | 34 |
| which are purported to be published by
authority of the board | 35 |
| they need not be otherwise published and the book or
pamphlet | 36 |
| shall be received as evidence, without further proof, of the
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| records, by-laws, rules and regulations, or any part thereof, | 2 |
| as of the
dates thereof as shown in such book or pamphlet, in | 3 |
| all courts and places
where judicial proceedings are had.
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| Notwithstanding any other provision in this Article or in | 5 |
| the School
Code, the board may delegate to the general | 6 |
| superintendent or to the
attorney the authorities granted to | 7 |
| the board in the School Code, provided
such delegation and | 8 |
| appropriate oversight procedures are made pursuant to
board | 9 |
| by-laws, rules and regulations, adopted as herein provided, | 10 |
| except that
the board may not delegate its authorities and | 11 |
| responsibilities regarding (1)
budget approval obligations; | 12 |
| (2) rule-making functions; (3) desegregation
obligations; (4) | 13 |
| real estate acquisition, sale or lease in excess of 10 years
as | 14 |
| provided in Section 34-21; (5) the levy of taxes; or (6) any | 15 |
| mandates
imposed upon the board by "An Act in relation to | 16 |
| school reform in cities over
500,000, amending Acts herein | 17 |
| named", approved December 12, 1988 (P.A.
85-1418).
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| (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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