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91_HB3913
LRB9111778NTks
1 AN ACT to amend the School Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 2-3.13a, 10-22.6, 13A-4, and 34-19 and adding
6 Section 2-3.131 as follows:
7 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
8 Sec. 2-3.13a. Scholastic records; transferring students.
9 The State Board of Education shall establish and implement
10 rules requiring all of the public schools and all private or
11 nonpublic elementary and secondary schools located in this
12 State, whenever any such school has a student who is
13 transferring to any other public elementary or secondary
14 school located in this or in any other state, to forward
15 within 10 days of notice of the student's transfer an
16 unofficial record of that student's grades to the school to
17 which such student is transferring. Each public school at
18 the same time also shall forward to the school to which the
19 student is transferring the remainder of the student's school
20 student records as required by the Illinois School Student
21 Records Act. In addition, if a student is transferring from a
22 public school, whether located in this or any other state,
23 from which the student has been suspended or expelled for
24 knowingly possessing in a school building or on school
25 grounds a weapon as defined in the Gun Free Schools Act (20
26 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
27 delivering in a school building or on school grounds a
28 controlled substance or cannabis, or for battering a staff
29 member of the school, and if the period of suspension or
30 expulsion has not expired at the time the student attempts to
31 transfer into another public school in the same or any other
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1 school district: (i) any school student records required to
2 be transferred shall include the date and duration of the
3 period of suspension or expulsion; and (ii) with the
4 exception of transfers into the Department of Corrections
5 school district, the student shall not be permitted to attend
6 class in the public school into which he or she is
7 transferring until the student has served the entire period
8 of the suspension or expulsion imposed by the school from
9 which the student is transferring, provided that the school
10 board may be allowed or required to approve the placement of
11 the student in an alternative school program established
12 under Article 13A of this Code Act. Each public school and
13 each private or nonpublic elementary or secondary school in
14 this State shall within 10 days after the student has paid
15 all of his or her outstanding fines and fees and at its own
16 expense forward an official transcript of the scholastic
17 records of each student transferring from that school in
18 strict accordance with the provisions of this Section and the
19 rules established by the State Board of Education as herein
20 provided.
21 The State Board of Education shall develop a one-page
22 standard form that Illinois school districts are required to
23 provide to any student who is moving out of the school
24 district and that contains the information about whether or
25 not the student is "in good standing" and whether or not his
26 or her medical records are up-to-date and complete. As used
27 in this Section, "in good standing" means that the student is
28 not being disciplined by a suspension or expulsion, but is
29 entitled to attend classes. No school district is required
30 to admit a new student who is transferring from another
31 Illinois school district unless he or she can produce the
32 standard form from the student's previous school district
33 enrollment. No school district is required to admit a new
34 student who is transferring from an out-of-state public
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1 school unless the parent or guardian of the student certifies
2 in writing that the student is not currently serving a
3 suspension or expulsion imposed by the school from which the
4 student is transferring.
5 (Source: P.A. 91-365, eff. 7-30-99.)
6 (105 ILCS 5/2-3.131 new)
7 Sec. 2-3.131. School expulsion policy; appeal of
8 expulsion decision. The State Board of Education shall
9 establish a uniform statewide school expulsion policy. In
10 this policy, expulsions shall be standardized by explaining
11 what is considered for expulsion. The State Board of
12 Education shall establish a process whereby a school board's
13 decision to expel a pupil may be appealed at the local level
14 and then at the State level.
15 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
16 Sec. 10-22.6. Suspension or expulsion of pupils; school
17 searches.
18 (a) Subject to a uniform statewide school expulsion
19 policy established by the State Board of Education, to expel
20 pupils guilty of gross disobedience or misconduct, and no
21 action shall lie against them for such expulsion. However, a
22 pupil may not be expelled for fighting unless the fight
23 involves a weapon. Expulsion shall take place only after the
24 parents have been requested to appear at a meeting of the
25 board, or with a hearing officer appointed by it, to discuss
26 their child's behavior. Such request shall be made by
27 registered or certified mail and shall state the time, place
28 and purpose of the meeting. The board, or a hearing officer
29 appointed by it, at such meeting shall state the reasons for
30 dismissal and the date on which the expulsion is to become
31 effective. If a hearing officer is appointed by the board he
32 shall report to the board a written summary of the evidence
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1 heard at the meeting and the board may take such action
2 thereon as it finds appropriate.
3 (b) To suspend or by regulation to authorize the
4 superintendent of the district or the principal, assistant
5 principal, or dean of students of any school to suspend
6 pupils guilty of gross disobedience or misconduct, or to
7 suspend pupils guilty of gross disobedience or misconduct on
8 the school bus from riding the school bus, and no action
9 shall lie against them for such suspension. The board may by
10 regulation authorize the superintendent of the district or
11 the principal, assistant principal, or dean of students of
12 any school to suspend pupils guilty of such acts for a period
13 not to exceed 10 school days. If a pupil is suspended due to
14 gross disobedience or misconduct on a school bus, the board
15 may suspend the pupil in excess of 10 school days for safety
16 reasons. Any suspension shall be reported immediately to the
17 parents or guardian of such pupil along with a full statement
18 of the reasons for such suspension and a notice of their
19 right to a review, a copy of which shall be given to the
20 school board. Upon request of the parents or guardian the
21 school board or a hearing officer appointed by it shall
22 review such action of the superintendent or principal,
23 assistant principal, or dean of students. At such review the
24 parents or guardian of the pupil may appear and discuss the
25 suspension with the board or its hearing officer. If a
26 hearing officer is appointed by the board he shall report to
27 the board a written summary of the evidence heard at the
28 meeting. After its hearing or upon receipt of the written
29 report of its hearing officer, the board may take such action
30 as it finds appropriate.
31 (c) The Department of Human Services shall be invited to
32 send a representative to consult with the board at such
33 meeting whenever there is evidence that mental illness may be
34 the cause for expulsion or suspension.
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1 (d) The board may expel a student for a definite period
2 of time not to exceed one 2 calendar year years, as
3 determined on a case by case basis. A student who is
4 determined to have brought a weapon to school, any
5 school-sponsored activity or event, or any activity or event
6 which bears a reasonable relationship to school shall be
7 expelled for a period of not less than one year, except that
8 the expulsion period may be modified by the superintendent,
9 and the superintendent's determination may be modified by the
10 board on a case by case basis. For the purpose of this
11 Section, the term "weapon" means (1) possession, use,
12 control, or transfer of any gun, rifle, shotgun, weapon as
13 defined by Section 921 of Title 18, United States Code,
14 firearm as defined in Section 1.1 of the Firearm Owners
15 Identification Act, or use of a weapon as defined in Section
16 24-1 of the Criminal Code, (2) any other object if used or
17 attempted to be used to cause bodily harm, including but not
18 limited to, knives, brass knuckles, or billy clubs, or (3)
19 "look alikes" of any weapon as defined in this Section.
20 Expulsion or suspension shall be construed in a manner
21 consistent with the Federal Individuals with Disabilities
22 Education Act. A student who is subject to suspension or
23 expulsion as provided in this Section may be eligible for a
24 transfer to an alternative school program in accordance with
25 Article 13A of the School Code. The provisions of this
26 subsection (d) apply in all school districts, including
27 special charter districts and districts organized under
28 Article 34.
29 (e) To maintain order and security in the schools,
30 school authorities may inspect and search places and areas
31 such as lockers, desks, parking lots, and other school
32 property and equipment owned or controlled by the school, as
33 well as personal effects left in those places and areas by
34 students, without notice to or the consent of the student,
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1 and without a search warrant. As a matter of public policy,
2 the General Assembly finds that students have no reasonable
3 expectation of privacy in these places and areas or in their
4 personal effects left in these places and areas. School
5 authorities may request the assistance of law enforcement
6 officials for the purpose of conducting inspections and
7 searches of lockers, desks, parking lots, and other school
8 property and equipment owned or controlled by the school for
9 illegal drugs, weapons, or other illegal or dangerous
10 substances or materials, including searches conducted through
11 the use of specially trained dogs. If a search conducted in
12 accordance with this Section produces evidence that the
13 student has violated or is violating either the law, local
14 ordinance, or the school's policies or rules, such evidence
15 may be seized by school authorities, and disciplinary action
16 may be taken. School authorities may also turn over such
17 evidence to law enforcement authorities. The provisions of
18 this subsection (e) apply in all school districts, including
19 special charter districts and districts organized under
20 Article 34.
21 (f) Suspension or expulsion may include suspension or
22 expulsion from school and all school activities and a
23 prohibition from being present on school grounds.
24 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
25 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
26 1-1-98; 90-757, eff. 8-14-98.)
27 (105 ILCS 5/13A-4)
28 Sec. 13A-4. Administrative transfers. A student who is
29 determined to be subject to suspension or expulsion in the
30 manner provided by Section 10-22.6 (or, in the case of a
31 student enrolled in the public schools of a school district
32 organized under Article 34, in accordance with the uniform
33 system of discipline established under Section 34-19) may be
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1 immediately transferred to the alternative program. A student
2 who is determined to be subject to expulsion in the manner
3 provided by Section 10-22.6 (or, in the case of a student
4 enrolled in the public schools of a school district organized
5 under Article 34, in accordance with the uniform system of
6 discipline established under Section 34-19) must be
7 immediately transferred to the alternative program, if the
8 program is available. If the program is available but no
9 opening exists for the student, the student shall be offered
10 a form of in-house suspension at the school from which he or
11 she was expelled until an opening becomes available. At the
12 earliest time following that transfer appropriate personnel
13 from the sending school district and appropriate personnel of
14 the alternative program shall meet to develop an alternative
15 education plan for the student. The student's parent or
16 guardian shall be invited to this meeting. The student may
17 be invited. The alternative educational plan shall include,
18 but not be limited to all of 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 Notwithstanding any other provision of this Article, if a
7 student for whom an individualized educational program has
8 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 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
15 Sec. 34-19. By-laws, rules and regulations; business
16 transacted at regular meetings; voting; records. The board
17 shall, subject to the limitations in this Article, establish
18 by-laws, rules and regulations, which shall have the force of
19 ordinances, for the proper maintenance of a uniform system of
20 discipline for both employees and pupils, and for the entire
21 management of the schools, and may fix the school age of
22 pupils, the minimum of which in kindergartens shall not be
23 under 4 years and in grade schools shall not be under 6
24 years. Subject to a uniform statewide school expulsion policy
25 established by the State Board of Education, it may expel,
26 suspend or, subject to the limitations of all policies
27 established or adopted under Section 14-8.05, otherwise
28 discipline any pupil found guilty of gross disobedience,
29 misconduct or other violation of the by-laws, rules and
30 regulations. However, a pupil may not be expelled for
31 fighting unless the fight involves a weapon, as defined under
32 Section 10-22.6 of this Code. The bylaws, rules and
33 regulations of the board shall be enacted, money shall be
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1 appropriated or expended, salaries shall be fixed or changed,
2 and textbooks and courses of instruction shall be adopted or
3 changed only at the regular meetings of the board and by a
4 vote of a majority of the full membership of the board;
5 provided that notwithstanding any other provision of this
6 Article or the School Code, neither the board or any local
7 school council may purchase any textbook for use in any
8 public school of the district from any textbook publisher
9 that fails to furnish any computer diskettes as required
10 under Section 28-21. The board shall be further encouraged to
11 provide opportunities for public hearing and testimony before
12 the adoption of bylaws, rules and regulations. Upon all
13 propositions requiring for their adoption at least a majority
14 of all the members of the board the yeas and nays shall be
15 taken and reported. The by-laws, rules and regulations of the
16 board shall not be repealed, amended or added to, except by a
17 vote of 2/3 of the full membership of the board. The board
18 shall keep a record of all its proceedings. Such records and
19 all by-laws, rules and regulations, or parts thereof, may be
20 proved by a copy thereof certified to be such by the
21 secretary of the board, but if they are printed in book or
22 pamphlet form which are purported to be published by
23 authority of the board they need not be otherwise published
24 and the book or pamphlet shall be received as evidence,
25 without further proof, of the records, by-laws, rules and
26 regulations, or any part thereof, as of the dates thereof as
27 shown in such book or pamphlet, in all courts and places
28 where judicial proceedings are had.
29 Notwithstanding any other provision in this Article or in
30 the School Code, the board may delegate to the general
31 superintendent or to the attorney the authorities granted to
32 the board in the School Code, provided such delegation and
33 appropriate oversight procedures are made pursuant to board
34 by-laws, rules and regulations, adopted as herein provided,
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1 except that the board may not delegate its authorities and
2 responsibilities regarding (1) budget approval obligations;
3 (2) rule-making functions; (3) desegregation obligations; (4)
4 real estate acquisition, sale or lease in excess of 10 years
5 as provided in Section 34-21; (5) the levy of taxes; or (6)
6 any mandates imposed upon the board by "An Act in relation to
7 school reform in cities over 500,000, amending Acts herein
8 named", approved December 12, 1988 (P.A. 85-1418).
9 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
10 Section 99. Effective date. This Act takes effect on
11 July 1, 2000.