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91_SB1476
LRB9111596NTsbA
1 AN ACT to amend the School Code by changing Sections
2 2-3.13a, 10-22.6, 13A-1, 13A-4, 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 2-3.13a, 10-22.6, 13A-1, 13A-4, and 34-19 as
7 follows:
8 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
9 Sec. 2-3.13a. Scholastic records; transferring students.
10 The State Board of Education shall establish and implement
11 rules requiring all of the public schools and all private or
12 nonpublic elementary and secondary schools located in this
13 State, whenever any such school has a student who is
14 transferring to any other public elementary or secondary
15 school located in this or in any other state, to forward
16 within 10 days of notice of the student's transfer an
17 unofficial record of that student's grades to the school to
18 which such student is transferring. Each public school at
19 the same time also shall forward to the school to which the
20 student is transferring the remainder of the student's school
21 student records as required by the Illinois School Student
22 Records Act. In addition, if a student is transferring from a
23 public school, whether located in this or any other state,
24 from which the student has been suspended or expelled for
25 knowingly possessing in a school building or on school
26 grounds a weapon as defined in the Gun Free Schools Act (20
27 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
28 delivering in a school building or on school grounds a
29 controlled substance or cannabis, or for battering a staff
30 member of the school, and if the period of suspension or
31 expulsion has not expired at the time the student attempts to
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1 transfer into another public school in the same or any other
2 school district: (i) any school student records required to
3 be transferred shall include the date and duration of the
4 period of suspension or expulsion; and (ii) with the
5 exception of transfers into the Department of Corrections
6 school district, the student shall not be permitted to attend
7 class in the public school into which he or she is
8 transferring until the student has served the entire period
9 of the suspension or expulsion imposed by the school from
10 which the student is transferring, provided that if the
11 student is in any of grades 6 through 12, the school board
12 shall may approve the placement of the student in an
13 alternative school program established under Article 13A of
14 this Act, unless the student is 16 years old or older, in
15 which case the school board may approve the placement of the
16 student in an alternative school program. Each public school
17 and each private or nonpublic elementary or secondary school
18 in this State shall within 10 days after the student has paid
19 all of his or her outstanding fines and fees and at its own
20 expense forward an official transcript of the scholastic
21 records of each student transferring from that school in
22 strict accordance with the provisions of this Section and the
23 rules established by the State Board of Education as herein
24 provided.
25 The State Board of Education shall develop a one-page
26 standard form that Illinois school districts are required to
27 provide to any student who is moving out of the school
28 district and that contains the information about whether or
29 not the student is "in good standing" and whether or not his
30 or her medical records are up-to-date and complete. As used
31 in this Section, "in good standing" means that the student is
32 not being disciplined by a suspension or expulsion, but is
33 entitled to attend classes. No school district is required
34 to admit a new student who is transferring from another
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1 Illinois school district unless he or she can produce the
2 standard form from the student's previous school district
3 enrollment. No school district is required to admit a new
4 student who is transferring from an out-of-state public
5 school unless the parent or guardian of the student certifies
6 in writing that the student is not currently serving a
7 suspension or expulsion imposed by the school from which the
8 student is transferring.
9 (Source: P.A. 91-365, eff. 7-30-99.)
10 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
11 Sec. 10-22.6. Suspension or expulsion of pupils; school
12 searches.
13 (a) To expel pupils guilty of gross disobedience or
14 misconduct, and no action shall lie against them for such
15 expulsion. Expulsion shall take place only after the parents
16 have been requested to appear at a meeting of the board, or
17 with a hearing officer appointed by it, to discuss their
18 child's behavior. Such request shall be made by registered or
19 certified mail and shall state the time, place and purpose of
20 the meeting. The board, or a hearing officer appointed by it,
21 at such meeting shall state the reasons for dismissal and the
22 date on which the expulsion is to become effective. If a
23 hearing officer is appointed by the board he shall report to
24 the board a written summary of the evidence heard at the
25 meeting and the board may take such action thereon as it
26 finds appropriate.
27 (b) To suspend or by regulation to authorize the
28 superintendent of the district or the principal, assistant
29 principal, or dean of students of any school to suspend
30 pupils guilty of gross disobedience or misconduct, or to
31 suspend pupils guilty of gross disobedience or misconduct on
32 the school bus from riding the school bus, and no action
33 shall lie against them for such suspension. The board may by
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1 regulation authorize the superintendent of the district or
2 the principal, assistant principal, or dean of students of
3 any school to suspend pupils guilty of such acts for a period
4 not to exceed 10 school days. If a pupil is suspended due to
5 gross disobedience or misconduct on a school bus, the board
6 may suspend the pupil in excess of 10 school days for safety
7 reasons. Any suspension shall be reported immediately to the
8 parents or guardian of such pupil along with a full statement
9 of the reasons for such suspension and a notice of their
10 right to a review, a copy of which shall be given to the
11 school board. Upon request of the parents or guardian the
12 school board or a hearing officer appointed by it shall
13 review such action of the superintendent or principal,
14 assistant principal, or dean of students. At such review the
15 parents or guardian of the pupil may appear and discuss the
16 suspension with the board or its hearing officer. If a
17 hearing officer is appointed by the board he shall report to
18 the board a written summary of the evidence heard at the
19 meeting. After its hearing or upon receipt of the written
20 report of its hearing officer, the board may take such action
21 as it finds appropriate.
22 (c) The Department of Human Services shall be invited to
23 send a representative to consult with the board at such
24 meeting whenever there is evidence that mental illness may be
25 the cause for expulsion or suspension.
26 (d) The board may expel a student for a definite period
27 of time not to exceed 2 calendar years, as determined on a
28 case by case basis. A student who is determined to have
29 brought a weapon to school, any school-sponsored activity or
30 event, or any activity or event which bears a reasonable
31 relationship to school shall be expelled for a period of not
32 less than one year, except that the expulsion period may be
33 modified by the superintendent, and the superintendent's
34 determination may be modified by the board on a case by case
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1 basis. For the purpose of this Section, the term "weapon"
2 means (1) possession, use, control, or transfer of any gun,
3 rifle, shotgun, weapon as defined by Section 921 of Title 18,
4 United States Code, firearm as defined in Section 1.1 of the
5 Firearm Owners Identification Act, or use of a weapon as
6 defined in Section 24-1 of the Criminal Code, (2) any other
7 object if used or attempted to be used to cause bodily harm,
8 including but not limited to, knives, brass knuckles, or
9 billy clubs, or (3) "look alikes" of any weapon as defined in
10 this Section. Expulsion or suspension shall be construed in a
11 manner consistent with the Federal Individuals with
12 Disabilities Education Act. A student who is subject to
13 suspension or expulsion as provided in this Section and is in
14 any of grades 6 through 12 shall may be transferred eligible
15 for a transfer to an alternative school program in accordance
16 with Article 13A of this the School Code, unless the student
17 is 16 years old or older, in which case the student may be
18 eligible for a transfer to an alternative school program.
19 The provisions of this subsection (d) apply in all school
20 districts, including special charter districts and districts
21 organized under Article 34.
22 (e) To maintain order and security in the schools,
23 school authorities may inspect and search places and areas
24 such as lockers, desks, parking lots, and other school
25 property and equipment owned or controlled by the school, as
26 well as personal effects left in those places and areas by
27 students, without notice to or the consent of the student,
28 and without a search warrant. As a matter of public policy,
29 the General Assembly finds that students have no reasonable
30 expectation of privacy in these places and areas or in their
31 personal effects left in these places and areas. School
32 authorities may request the assistance of law enforcement
33 officials for the purpose of conducting inspections and
34 searches of lockers, desks, parking lots, and other school
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1 property and equipment owned or controlled by the school for
2 illegal drugs, weapons, or other illegal or dangerous
3 substances or materials, including searches conducted through
4 the use of specially trained dogs. If a search conducted in
5 accordance with this Section produces evidence that the
6 student has violated or is violating either the law, local
7 ordinance, or the school's policies or rules, such evidence
8 may be seized by school authorities, and disciplinary action
9 may be taken. School authorities may also turn over such
10 evidence to law enforcement authorities. The provisions of
11 this subsection (e) apply in all school districts, including
12 special charter districts and districts organized under
13 Article 34.
14 (f) Suspension or expulsion may include suspension or
15 expulsion from school and all school activities and a
16 prohibition from being present on school grounds.
17 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
18 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
19 1-1-98; 90-757, eff. 8-14-98.)
20 (105 ILCS 5/13A-1)
21 Sec. 13A-1. Legislative Declaration. The General
22 Assembly finds and declares as follows:
23 (a) The children of this State constitute its most
24 important resource, and in order to enable those children to
25 reach their full potential, the State must provide them the
26 quality public education that the Constitution of the State
27 of Illinois mandates.
28 (b) The State cannot provide its children with the
29 education they deserve and require unless the environment of
30 the public schools is conducive to learning.
31 (c) That environment cannot be achieved unless an
32 atmosphere of safety prevails, assuring that the person of
33 each student, teacher, and staff member is respected, and
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1 that none of those people are subjected to violence, threats,
2 harassment, intimidation, or otherwise confrontational or
3 inappropriate behaviors that disrupt the educational
4 atmosphere.
5 (d) In most schools, although the disruptive students
6 who are the primary cause of inappropriate educational
7 environments comprise a small percentage of the total student
8 body, they nevertheless consume a substantial amount of the
9 time and resources of teachers and school administrators who
10 are required to address and contain that disruptive behavior.
11 (e) Disruptive students should be allowed to attain a
12 public education, but typically derive little benefit from
13 traditional school programs and may benefit substantially by
14 being transferred from their current school into an
15 alternative public school program, where their particular
16 needs may be more appropriately and individually addressed
17 and where they may benefit from the opportunity for a fresh
18 start in a new educational environment. At those alternative
19 school programs, innovative academic and school-to-work
20 programs, including but not limited to the techniques of work
21 based learning and technology delivered learning, can be
22 utilized to best help the students enrolled in those schools
23 to become productive citizens.
24 (f) Students need an appropriate, constructive classroom
25 atmosphere in order to benefit from the teacher's
26 presentations. Students cannot afford the classroom
27 disruptions and often become frustrated and angry at the
28 inability of their teachers and schools to control disruptive
29 students. As a result, they drop out of school too often.
30 Furthermore, even if these students stay in school and
31 graduate, they have been deprived by their disruptive
32 classmates of the attention to their educational needs that
33 their teachers would otherwise have provided, thereby
34 diminishing their receiving the education and skills
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1 necessary to secure good jobs and become productive members
2 of an increasingly competitive economic environment.
3 (g) Parents of school children statewide have expressed
4 their rising anger and concern at the failure of their local
5 public schools to provide a safe and appropriate educational
6 environment for their children and to deal appropriately with
7 disruptive students, and the General Assembly deems their
8 concerns to be understandable and justified.
9 (h) Every school district in the State shall do all it
10 can to ensure a safe and appropriate educational environment
11 for all of its students, and the first, but not the only,
12 step school districts must take to achieve that goal is to
13 administratively transfer disruptive students from the
14 schools they currently attend to the alternative school
15 programs created by this Article. Those administrative
16 transfers will also provide optional educational programs to
17 best fit the needs of the transferred students.
18 (i) Administrative transfers may prove more productive
19 for dealing with disruptive students than out-of-school
20 suspensions or expulsions, which have been the subject of
21 much criticism.
22 (j) Because of the urgency of the problems described in
23 this Section, as well as their statewide impact, the State of
24 Illinois bears the responsibility to establish and fully fund
25 alternative schools as soon as possible, thereby providing
26 school districts with an option for dealing with disruptive
27 students that they do not now possess.
28 (k) While school districts shall comply with all
29 applicable federal laws and regulations, they should do so
30 consistent with the goals and policies stated in this
31 Article. Further, this Article is intended to be consistent
32 with all applicable federal laws and regulations.
33 (l) An alternative school program established under this
34 Article is subject to the other provisions of this Code that
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1 apply generally in the public schools of this State and to
2 the rules and regulations promulgated thereunder, except as
3 otherwise provided in this Article.
4 (m) The provisions of the Illinois Educational Labor
5 Relations Act apply to those alternative school programs that
6 are created on or after the effective date of this amendatory
7 Act of 1995.
8 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
9 (105 ILCS 5/13A-4)
10 Sec. 13A-4. Administrative transfers. A student who is
11 determined to be subject to suspension or expulsion in the
12 manner provided by Section 10-22.6 (or, in the case of a
13 student enrolled in the public schools of a school district
14 organized under Article 34, in accordance with the uniform
15 system of discipline established under Section 34-19) and is
16 in any of grades 6 through 12 must may be immediately
17 transferred to the alternative program, unless the student is
18 16 years old or older, in which case the student may be
19 immediately transferred to the alternative program. At the
20 earliest time following that transfer appropriate personnel
21 from the sending school district and appropriate personnel of
22 the alternative program shall meet to develop an alternative
23 education plan for the student. The student's parent or
24 guardian shall be invited to this meeting. The student may
25 be invited. The alternative educational plan shall include,
26 but not be limited to all of the following:
27 (1) The duration of the plan, including a date
28 after which the student may be returned to the regular
29 educational program in the public schools of the
30 transferring district. If the parent or guardian of a
31 student who is scheduled to be returned to the regular
32 education program in the public schools of the district
33 files a written objection to the return with the
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1 principal of the alternative school, the matter shall be
2 referred by the principal to the regional superintendent
3 of the educational service region in which the
4 alternative school program is located for a hearing.
5 Notice of the hearing shall be given by the regional
6 superintendent to the student's parent or guardian.
7 After the hearing, the regional superintendent may take
8 such action as he or she finds appropriate and in the
9 best interests of the student. The determination of the
10 regional superintendent shall be final.
11 (2) The specific academic and behavioral components
12 of the plan.
13 (3) A method and time frame for reviewing the
14 student's progress.
15 Notwithstanding any other provision of this Article, if a
16 student for whom an individualized educational program has
17 been developed under Article 14 is transferred to an
18 alternative school program under this Article 13A, that
19 individualized educational program shall continue to apply to
20 that student following the transfer unless modified in
21 accordance with the provisions of Article 14.
22 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
23 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
24 Sec. 34-19. By-laws, rules and regulations; business
25 transacted at regular meetings; voting; records. The board
26 shall, subject to the limitations in this Article, establish
27 by-laws, rules and regulations, which shall have the force of
28 ordinances, for the proper maintenance of a uniform system of
29 discipline for both employees and pupils, and for the entire
30 management of the schools, and may fix the school age of
31 pupils, the minimum of which in kindergartens shall not be
32 under 4 years and in grade schools shall not be under 6
33 years. It may expel, suspend or, subject to the limitations
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1 of all policies established or adopted under Section 14-8.05,
2 otherwise discipline any pupil found guilty of gross
3 disobedience, misconduct or other violation of the by-laws,
4 rules and regulations. A student who is subject to suspension
5 or expulsion and is in any of grades 6 through 12 shall be
6 transferred to an alternative school program in accordance
7 with Article 13A of this Code, unless the student is 16 years
8 of age or older, in which case the student may be eligible
9 for a transfer to an alternative school program. The bylaws,
10 rules and regulations of the board shall be enacted, money
11 shall be appropriated or expended, salaries shall be fixed or
12 changed, and textbooks and courses of instruction shall be
13 adopted or changed only at the regular meetings of the board
14 and by a vote of a majority of the full membership of the
15 board; provided that notwithstanding any other provision of
16 this Article or the School Code, neither the board or any
17 local school council may purchase any textbook for use in any
18 public school of the district from any textbook publisher
19 that fails to furnish any computer diskettes as required
20 under Section 28-21. The board shall be further encouraged to
21 provide opportunities for public hearing and testimony before
22 the adoption of bylaws, rules and regulations. Upon all
23 propositions requiring for their adoption at least a majority
24 of all the members of the board the yeas and nays shall be
25 taken and reported. The by-laws, rules and regulations of the
26 board shall not be repealed, amended or added to, except by a
27 vote of 2/3 of the full membership of the board. The board
28 shall keep a record of all its proceedings. Such records and
29 all by-laws, rules and regulations, or parts thereof, may be
30 proved by a copy thereof certified to be such by the
31 secretary of the board, but if they are printed in book or
32 pamphlet form which are purported to be published by
33 authority of the board they need not be otherwise published
34 and the book or pamphlet shall be received as evidence,
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1 without further proof, of the records, by-laws, rules and
2 regulations, or any part thereof, as of the dates thereof as
3 shown in such book or pamphlet, in all courts and places
4 where judicial proceedings are had.
5 Notwithstanding any other provision in this Article or in
6 the School Code, the board may delegate to the general
7 superintendent or to the attorney the authorities granted to
8 the board in the School Code, provided such delegation and
9 appropriate oversight procedures are made pursuant to board
10 by-laws, rules and regulations, adopted as herein provided,
11 except that the board may not delegate its authorities and
12 responsibilities regarding (1) budget approval obligations;
13 (2) rule-making functions; (3) desegregation obligations; (4)
14 real estate acquisition, sale or lease in excess of 10 years
15 as provided in Section 34-21; (5) the levy of taxes; or (6)
16 any mandates imposed upon the board by "An Act in relation to
17 school reform in cities over 500,000, amending Acts herein
18 named", approved December 12, 1988 (P.A. 85-1418).
19 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.