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91_HB3847
LRB9111135NTks
1 AN ACT to amend the School Code by changing Sections
2 13A-2.5 and 13A-4.
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 13A-2.5 and 13A-4 as follows:
7 (105 ILCS 5/13A-2.5)
8 Sec. 13A-2.5. Disruptive student. "Disruptive student"
9 includes suspension or expulsion eligible students in any of
10 grades 6 through 12 or a student to which subsection (b) of
11 Section 13A-4 of this Code applies. Suspension or expulsion
12 eligible students are those students that have been found to
13 be eligible for suspension or expulsion through the
14 discipline process established by a school district.
15 (Source: P.A. 89-383, eff. 8-18-95.)
16 (105 ILCS 5/13A-4)
17 Sec. 13A-4. Administrative transfers.
18 (a) A student who is determined to be subject to
19 suspension or expulsion in the manner provided by Section
20 10-22.6 (or, in the case of a student enrolled in the public
21 schools of a school district organized under Article 34, in
22 accordance with the uniform system of discipline established
23 under Section 34-19) may be immediately transferred to the
24 alternative program.
25 (b) If a student (i) enrolls in a school district on or
26 after the effective date of this amendatory Act of the 91st
27 General Assembly, (ii) immediately before enrolling, attended
28 school within the Department of Corrections school district,
29 and (iii) was enrolled in a school district in this State
30 immediately before being transferred into the Department of
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1 Corrections school district, then the student must be
2 immediately transferred to the alternative school program.
3 The student may not be returned to the regular educational
4 program in the public schools of any school district until
5 the student has attended an alternative school program for at
6 least one semester after attending school within the
7 Department of Corrections school district. If the student
8 enrolls in another school district before completing the
9 minimum one semester of attendance, the student must again be
10 immediately transferred to an alternative school program.
11 (c) At the earliest time following the that transfer,
12 appropriate personnel from the sending school district and
13 appropriate personnel of the alternative program shall meet
14 to develop an alternative education plan for the student.
15 The student's parent or guardian shall be invited to this
16 meeting. The student may be invited. The alternative
17 educational plan shall include, but not be limited to, all of
18 the following:
19 (1) The duration of the plan, including a date
20 after which the student may be returned to the regular
21 educational program in the public schools of the
22 transferring district. If the parent or guardian of a
23 student who is scheduled to be returned to the regular
24 education program in the public schools of the district
25 files a written objection to the return with the
26 principal of the alternative school, the matter shall be
27 referred by the principal to the regional superintendent
28 of the educational service region in which the
29 alternative school program is located for a hearing.
30 Notice of the hearing shall be given by the regional
31 superintendent to the student's parent or guardian.
32 After the hearing, the regional superintendent may take
33 such action as he or she finds appropriate and in the
34 best interests of the student. The determination of the
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1 regional superintendent shall be final.
2 (2) The specific academic and behavioral components
3 of the plan.
4 (3) A method and time frame for reviewing the
5 student's progress.
6 (d) Notwithstanding any other provision of this Article,
7 if a student for whom an individualized educational program
8 has been developed under Article 14 is transferred to an
9 alternative school program under this Article 13A, that
10 individualized educational program shall continue to apply to
11 that student following the transfer unless modified in
12 accordance with the provisions of Article 14.
13 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
14 Section 99. Effective date. This Act takes effect on
15 July 1, 2000.