Illinois General Assembly

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Full Text of HB3281  97th General Assembly


Rep. Sidney H. Mathias

Filed: 3/16/2011





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2    AMENDMENT NO. ______. Amend House Bill 3281 on page 1,
3lines 4 and 5, by replacing "Section 10-22.6" with "Sections
410-22.6 and 34-19"; and
5on page 6, immediately below line 20, by inserting the
7    "(105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
8    Sec. 34-19. By-laws, rules and regulations; business
9transacted at regular meetings; voting; records. The board
10shall, subject to the limitations in this Article, establish
11by-laws, rules and regulations, which shall have the force of
12ordinances, for the proper maintenance of a uniform system of
13discipline for both employees and pupils, and for the entire
14management of the schools, and may fix the school age of
15pupils, the minimum of which in kindergartens shall not be
16under 4 years, except that, based upon an assessment of the



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1child's readiness, children who have attended a non-public
2preschool and continued their education at that school through
3kindergarten, were taught in kindergarten by an appropriately
4certified teacher, and will attain the age of 6 years on or
5before December 31 of the year of the 2009-2010 school term and
6each school term thereafter may attend first grade upon
7commencement of such term, and in grade schools shall not be
8under 6 years. It may expel, suspend or, subject to the
9limitations of all policies established or adopted under
10Section 14-8.05, otherwise discipline any pupil found guilty of
11gross disobedience, misconduct or other violation of the
12by-laws, rules and regulations, including gross disobedience
13or misconduct perpetuated by electronic means. The bylaws,
14rules and regulations of the board shall be enacted, money
15shall be appropriated or expended, salaries shall be fixed or
16changed, and textbooks, electronic textbooks, and courses of
17instruction shall be adopted or changed only at the regular
18meetings of the board and by a vote of a majority of the full
19membership of the board; provided that notwithstanding any
20other provision of this Article or the School Code, neither the
21board or any local school council may purchase any textbook for
22use in any public school of the district from any textbook
23publisher that fails to furnish any computer diskettes as
24required under Section 28-21. Funds appropriated for textbook
25purchases must be available for electronic textbook purchases
26and the technological equipment necessary to gain access to and



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1use electronic textbooks at the local school council's
2discretion. The board shall be further encouraged to provide
3opportunities for public hearing and testimony before the
4adoption of bylaws, rules and regulations. Upon all
5propositions requiring for their adoption at least a majority
6of all the members of the board the yeas and nays shall be
7taken and reported. The by-laws, rules and regulations of the
8board shall not be repealed, amended or added to, except by a
9vote of 2/3 of the full membership of the board. The board
10shall keep a record of all its proceedings. Such records and
11all by-laws, rules and regulations, or parts thereof, may be
12proved by a copy thereof certified to be such by the secretary
13of the board, but if they are printed in book or pamphlet form
14which are purported to be published by authority of the board
15they need not be otherwise published and the book or pamphlet
16shall be received as evidence, without further proof, of the
17records, by-laws, rules and regulations, or any part thereof,
18as of the dates thereof as shown in such book or pamphlet, in
19all courts and places where judicial proceedings are had.
20    Notwithstanding any other provision in this Article or in
21the School Code, the board may delegate to the general
22superintendent or to the attorney the authorities granted to
23the board in the School Code, provided such delegation and
24appropriate oversight procedures are made pursuant to board
25by-laws, rules and regulations, adopted as herein provided,
26except that the board may not delegate its authorities and



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1responsibilities regarding (1) budget approval obligations;
2(2) rule-making functions; (3) desegregation obligations; (4)
3real estate acquisition, sale or lease in excess of 10 years as
4provided in Section 34-21; (5) the levy of taxes; or (6) any
5mandates imposed upon the board by "An Act in relation to
6school reform in cities over 500,000, amending Acts herein
7named", approved December 12, 1988 (P.A. 85-1418).
8(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)".