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90_HB0856
105 ILCS 5/24-24 from Ch. 122, par. 24-24
105 ILCS 5/34-19 from Ch. 122, par. 34-19
Amends the School Code. Prohibits school boards from
adopting or enforcing (or authorizing a local school council
to adopt or enforce) a policy on discipline that authorizes
or requires a child enrolled in any of grades K-4 to be
disciplined, cited, or otherwise publicly censured or
identified by school officials for conduct or actions of the
child that may be considered to constitute a form of sexual
harassment.
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1 AN ACT to amend the School Code by changing Sections
2 24-24 and 34-19.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 24-24 and 34-19 as follows:
7 (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
8 Sec. 24-24. Maintenance of discipline. Subject to the
9 limitations of all policies established or adopted under
10 Section 14-8.05, teachers, other certificated educational
11 employees, and any other person, whether or not a
12 certificated employee, providing a related service for or
13 with respect to a student shall maintain discipline in the
14 schools, including school grounds which are owned or leased
15 by the board and used for school purposes and activities. In
16 all matters relating to the discipline in and conduct of the
17 schools and the school children, they stand in the relation
18 of parents and guardians to the pupils. This relationship
19 shall extend to all activities connected with the school
20 program, including all athletic and extracurricular programs,
21 and may be exercised at any time for the safety and
22 supervision of the pupils in the absence of their parents or
23 guardians.
24 Nothing in this Section affects the power of the board to
25 establish rules with respect to discipline; except that each
26 board shall establish a policy on discipline, and the policy
27 so established shall provide, subject to the limitations of
28 all policies established or adopted under Section 14-8.05,
29 that a teacher, other certificated employee, and any other
30 person, whether or not a certificated employee, providing a
31 related service for or with respect to a student may use
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1 reasonable force as needed to maintain safety for the other
2 students, school personnel or persons or for the purpose of
3 self defense or the defense of property, shall provide that a
4 teacher may remove a student from the classroom for
5 disruptive behavior, and shall include provisions which
6 provide due process to students. The policy shall not
7 include slapping, paddling or prolonged maintenance of
8 students in physically painful positions nor shall it include
9 the intentional infliction of bodily harm. Notwithstanding
10 any other provision of this Section or Code, a school board
11 is prohibited from adopting or enforcing, as a part of its
12 policy on discipline or in any other manner, any rule,
13 regulation, or policy that authorizes or requires any child
14 enrolled in any of grades kindergarten through 4 to be
15 disciplined, cited, or otherwise publicly censured or
16 identified by teachers, principals, or other members of the
17 school administration for conduct or actions of any such
18 child that may be considered to constitute a form of sexual
19 harassment.
20 The board may make and enforce reasonable rules of
21 conduct and sportsmanship for athletic and extracurricular
22 school events. Any person who violates such rules may be
23 denied admission to school events for not more than one year,
24 provided that written 10 days notice of the violation is
25 given such person and a hearing had thereon by the board
26 pursuant to its rules and regulations. The administration of
27 any school may sign complaints as agents of the school
28 against persons committing any offense at school events.
29 (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.
30 7-19-95.)
31 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
32 Sec. 34-19. By-laws, rules and regulations; business
33 transacted at regular meetings; voting; records. The board
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1 shall, subject to the limitations in this Article, establish
2 by-laws, rules and regulations, which shall have the force of
3 ordinances, for the proper maintenance of a uniform system of
4 discipline for both employees and pupils, and for the entire
5 management of the schools, and may fix the school age of
6 pupils, the minimum of which in kindergartens shall not be
7 under 4 years and in grade schools shall not be under 6
8 years. It may expel, suspend or, subject to the limitations
9 of all policies established or adopted under Section 14-8.05,
10 otherwise discipline any pupil found guilty of gross
11 disobedience, misconduct or other violation of the by-laws,
12 rules and regulations. Notwithstanding any other provision of
13 this Section or Code, the board of education is prohibited
14 from adopting or enforcing, or authorizing any local school
15 council to adopt or enforce, as a part of a policy on
16 discipline or in any other manner, any rule, regulation, or
17 policy that authorizes or requires any child enrolled in any
18 of grades kindergarten through 4 to be disciplined, cited, or
19 otherwise publicly censured or identified by teachers,
20 principals, or other members of the school administration for
21 conduct or actions of any such child that may be considered
22 to constitute a form of sexual harassment. The bylaws, rules
23 and regulations of the board shall be enacted, money shall be
24 appropriated or expended, salaries shall be fixed or changed,
25 and textbooks and courses of instruction shall be adopted or
26 changed only at the regular meetings of the board and by a
27 vote of a majority of the full membership of the board;
28 provided that notwithstanding any other provision of this
29 Article or the School Code, neither the board or any local
30 school council may purchase any textbook for use in any
31 public school of the district from any textbook publisher
32 that fails to furnish any computer diskettes as required
33 under Section 28-21. The board shall be further encouraged to
34 provide opportunities for public hearing and testimony before
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1 the adoption of bylaws, rules and regulations. Upon all
2 propositions requiring for their adoption at least a majority
3 of all the members of the board the yeas and nays shall be
4 taken and reported. The by-laws, rules and regulations of the
5 board shall not be repealed, amended or added to, except by a
6 vote of 2/3 of the full membership of the board. The board
7 shall keep a record of all its proceedings. Such records and
8 all by-laws, rules and regulations, or parts thereof, may be
9 proved by a copy thereof certified to be such by the
10 secretary of the board, but if they are printed in book or
11 pamphlet form which are purported to be published by
12 authority of the board they need not be otherwise published
13 and the book or pamphlet shall be received as evidence,
14 without further proof, of the records, by-laws, rules and
15 regulations, or any part thereof, as of the dates thereof as
16 shown in such book or pamphlet, in all courts and places
17 where judicial proceedings are had.
18 Notwithstanding any other provision in this Article or in
19 the School Code, the board may delegate to the general
20 superintendent or to the attorney the authorities granted to
21 the board in the School Code, provided such delegation and
22 appropriate oversight procedures are made pursuant to board
23 by-laws, rules and regulations, adopted as herein provided,
24 except that the board may not delegate its authorities and
25 responsibilities regarding (1) budget approval obligations;
26 (2) rule-making functions; (3) desegregation obligations; (4)
27 real estate acquisition, sale or lease in excess of 10 years
28 as provided in Section 34-21; (5) the levy of taxes; or (6)
29 any mandates imposed upon the board by "An Act in relation to
30 school reform in cities over 500,000, amending Acts herein
31 named", approved December 12, 1988 (P.A. 85-1418).
32 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)