96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0449

 

Introduced 2/4/2009, by Rep. LaShawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.148 new
105 ILCS 5/10-20.14   from Ch. 122, par. 10-20.14
105 ILCS 5/34-19   from Ch. 122, par. 34-19

    Amends the School Code. Requires the State Board of Education to establish a standard student expulsion policy that applies to each school district in this State. Requires a district's pupil discipline policy to conform to the standard student expulsion policy. Requires a school board to furnish a copy of the district's pupil discipline policy to the parents or guardian of each pupil within 15 days after the beginning of the school year or within 15 days after starting classes for a pupil who transfers into the district during the school year and to require that each school inform its pupils of the contents of its policy (now permissive with respect to school boards other than the Chicago Board of Education).


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
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 adding Section
5 2-3.148 and by changing Sections 10-20.14 and 34-19 as follows:
 
6     (105 ILCS 5/2-3.148 new)
7     Sec. 2-3.148. Standard student expulsion policy. The State
8 Board of Education shall establish a standard student expulsion
9 policy that applies to each school district in this State.
 
10     (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
11     Sec. 10-20.14. Student discipline policies; Parent-teacher
12 advisory committee.
13     (a) To establish and maintain a parent-teacher advisory
14 committee to develop with the school board policy guidelines on
15 pupil discipline, including school searches. With respect to
16 expulsions, the policy must conform to the standard student
17 expulsion policy established by the State Board of Education
18 under Section 2-3.148 of this Code. A school board must , to
19 furnish a copy of the pupil discipline policy to the parents or
20 guardian of each pupil within 15 days after the beginning of
21 the school year, or within 15 days after starting classes for a
22 pupil who transfers into the district during the school year,

 

 

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1 and to require that each school inform informs its pupils of
2 the contents of its policy. School boards, along with the
3 parent-teacher advisory committee, are encouraged to annually
4 review their pupil discipline policies, the implementation of
5 those policies, and any other factors related to the safety of
6 their schools, pupils, and staff.
7     (b) The parent-teacher advisory committee in cooperation
8 with local law enforcement agencies shall develop, with the
9 school board, policy guideline procedures to establish and
10 maintain a reciprocal reporting system between the school
11 district and local law enforcement agencies regarding criminal
12 offenses committed by students.
13     (c) The parent-teacher advisory committee, in cooperation
14 with school bus personnel, shall develop, with the school
15 board, policy guideline procedures to establish and maintain
16 school bus safety procedures. These procedures shall be
17 incorporated into the district's pupil discipline policy.
18     (d) The school board, in consultation with the
19 parent-teacher advisory committee and other community-based
20 organizations, must include provisions in the student
21 discipline policy to address students who have demonstrated
22 behaviors that put them at risk for aggressive behavior,
23 including without limitation bullying, as defined in the
24 policy. These provisions must include procedures for notifying
25 parents or legal guardians and early intervention procedures
26 based upon available community-based and district resources.

 

 

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1 (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
 
2     (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
3     Sec. 34-19. By-laws, rules and regulations; business
4 transacted at regular meetings; voting; records. The board
5 shall, subject to the limitations in this Article, establish
6 by-laws, rules and regulations, which shall have the force of
7 ordinances, for the proper maintenance of a uniform system of
8 discipline for both employees and pupils, and for the entire
9 management of the schools, and may fix the school age of
10 pupils, the minimum of which in kindergartens shall not be
11 under 4 years and in grade schools shall not be under 6 years.
12 It may expel, suspend or, subject to the limitations of all
13 policies established or adopted under Section 14-8.05,
14 otherwise discipline any pupil found guilty of gross
15 disobedience, misconduct or other violation of the by-laws,
16 rules and regulations. With respect to expulsions, the
17 district's pupil discipline policy must conform to the standard
18 student expulsion policy established by the State Board of
19 Education under Section 2-3.148 of this Code. The board must
20 furnish a copy of the district's pupil discipline policy to the
21 parents or guardian of each pupil within 15 days after the
22 beginning of the school year or within 15 days after starting
23 classes for a pupil who transfers into the district during the
24 school year and require that each school inform its pupils of
25 the contents of its policy. The bylaws, rules and regulations

 

 

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1 of the board shall be enacted, money shall be appropriated or
2 expended, salaries shall be fixed or changed, and textbooks and
3 courses of instruction shall be adopted or changed only at the
4 regular meetings of the board and by a vote of a majority of
5 the full membership of the board; provided that notwithstanding
6 any other provision of this Article or the School Code, neither
7 the board or any local school council may purchase any textbook
8 for use in any public school of the district from any textbook
9 publisher that fails to furnish any computer diskettes as
10 required under Section 28-21. The board shall be further
11 encouraged to provide opportunities for public hearing and
12 testimony before the adoption of bylaws, rules and regulations.
13 Upon all propositions requiring for their adoption at least a
14 majority of all the members of the board the yeas and nays
15 shall be taken and reported. The by-laws, rules and regulations
16 of the board shall not be repealed, amended or added to, except
17 by a 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 secretary
21 of the board, but if they are printed in book or pamphlet form
22 which are purported to be published by authority of the board
23 they need not be otherwise published and the book or pamphlet
24 shall be received as evidence, without further proof, of the
25 records, by-laws, rules and regulations, or any part thereof,
26 as of the dates thereof as shown in such book or pamphlet, in

 

 

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1 all courts and places where judicial proceedings are had.
2     Notwithstanding any other provision in this Article or in
3 the School Code, the board may delegate to the general
4 superintendent or to the attorney the authorities granted to
5 the board in the School Code, provided such delegation and
6 appropriate oversight procedures are made pursuant to board
7 by-laws, rules and regulations, adopted as herein provided,
8 except that the board may not delegate its authorities and
9 responsibilities regarding (1) budget approval obligations;
10 (2) rule-making functions; (3) desegregation obligations; (4)
11 real estate acquisition, sale or lease in excess of 10 years as
12 provided in Section 34-21; (5) the levy of taxes; or (6) any
13 mandates imposed upon the board by "An Act in relation to
14 school reform in cities over 500,000, amending Acts herein
15 named", approved December 12, 1988 (P.A. 85-1418).
16 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)