Rep. Elizabeth Hernandez

Filed: 3/2/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 592

2    AMENDMENT NO. ______. Amend House Bill 592 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-22.6, 13A-3, 13A-4, 13A-11, and 34-19 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    Sec. 10-22.6. Suspension or expulsion of pupils; school
8searches.
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, and no action shall lie
12against them for such expulsion. Expulsion shall take place
13only after the parents have been requested to appear at a
14meeting of the board, or with a hearing officer appointed by
15it, to discuss their child's behavior. Such request shall be
16made by registered or certified mail and shall state the time,

 

 

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1place and purpose of the meeting. The board, or a hearing
2officer appointed by it, at such meeting shall state the
3reasons for dismissal and the date on which the expulsion is to
4become effective. If a hearing officer is appointed by the
5board he shall report to the board a written summary of the
6evidence heard at the meeting and the board may take such
7action thereon as it finds appropriate. An expelled pupil must
8may be immediately transferred to an alternative program in the
9manner provided in Article 13A or 13B of this Code, except
10those pupils expelled under the provisions of the federal
11Gun-Free Schools Act of 1994. A pupil must not be denied
12transfer because of the expulsion, except in cases in which
13such transfer is deemed to cause a threat to the safety of
14students or staff in the alternative program.
15    (b) To suspend or by policy to authorize the superintendent
16of the district or the principal, assistant principal, or dean
17of students of any school to suspend pupils guilty of gross
18disobedience or misconduct, or to suspend pupils guilty of
19gross disobedience or misconduct on the school bus from riding
20the school bus, and no action shall lie against them for such
21suspension. The board may by policy authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of such acts for a period not to exceed 10 school days.
25If a pupil is suspended due to gross disobedience or misconduct
26on a school bus, the board may suspend the pupil in excess of

 

 

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110 school days for safety reasons. Any suspension shall be
2reported immediately to the parents or guardian of such pupil
3along with a full statement of the reasons for such suspension
4and a notice of their right to a review. The school board must
5be given a summary of the notice, including the reason for the
6suspension and the suspension length. Upon request of the
7parents or guardian the school board or a hearing officer
8appointed by it shall review such action of the superintendent
9or principal, assistant principal, or dean of students. At such
10review the parents or guardian of the pupil may appear and
11discuss the suspension with the board or its hearing officer.
12If a hearing officer is appointed by the board he shall report
13to the board a written summary of the evidence heard at the
14meeting. After its hearing or upon receipt of the written
15report of its hearing officer, the board may take such action
16as it finds appropriate. A pupil who is suspended in excess of
1720 school days must may be immediately transferred to an
18alternative program in the manner provided in Article 13A or
1913B of this Code. A pupil must not be denied transfer because
20of the suspension, except in cases in which such transfer is
21deemed to cause a threat to the safety of students or staff in
22the alternative program.
23    (c) The Department of Human Services shall be invited to
24send a representative to consult with the board at such meeting
25whenever there is evidence that mental illness may be the cause
26for expulsion or suspension.

 

 

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1    (d) The board may expel a student for a definite period of
2time not to exceed 2 calendar years, as determined on a case by
3case basis. A student who is determined to have brought one of
4the following objects to school, any school-sponsored activity
5or event, or any activity or event that bears a reasonable
6relationship to school shall be expelled for a period of not
7less than one year:
8        (1) A firearm. For the purposes of this Section,
9    "firearm" means any gun, rifle, shotgun, weapon as defined
10    by Section 921 of Title 18 of the United States Code,
11    firearm as defined in Section 1.1 of the Firearm Owners
12    Identification Card Act, or firearm as defined in Section
13    24-1 of the Criminal Code of 1961. The expulsion period
14    under this subdivision (1) may be modified by the
15    superintendent, and the superintendent's determination may
16    be modified by the board on a case-by-case basis.
17        (2) A knife, brass knuckles or other knuckle weapon
18    regardless of its composition, a billy club, or any other
19    object if used or attempted to be used to cause bodily
20    harm, including "look alikes" of any firearm as defined in
21    subdivision (1) of this subsection (d). The expulsion
22    requirement under this subdivision (2) may be modified by
23    the superintendent, and the superintendent's determination
24    may be modified by the board on a case-by-case basis.
25Expulsion or suspension shall be construed in a manner
26consistent with the Federal Individuals with Disabilities

 

 

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1Education Act. A student who is subject to suspension or
2expulsion as provided in this Section may be eligible for a
3transfer to an alternative school program in accordance with
4Article 13A of the School Code. The provisions of this
5subsection (d) apply in all school districts, including special
6charter districts and districts organized under Article 34.
7    (d-5) The board may suspend or by regulation authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend a
10student for a period not to exceed 10 school days or may expel
11a student for a definite period of time not to exceed 2
12calendar years, as determined on a case by case basis, if (i)
13that student has been determined to have made an explicit
14threat on an Internet website against a school employee, a
15student, or any school-related personnel, (ii) the Internet
16website through which the threat was made is a site that was
17accessible within the school at the time the threat was made or
18was available to third parties who worked or studied within the
19school grounds at the time the threat was made, and (iii) the
20threat could be reasonably interpreted as threatening to the
21safety and security of the threatened individual because of his
22or her duties or employment status or status as a student
23inside the school. The provisions of this subsection (d-5)
24apply in all school districts, including special charter
25districts and districts organized under Article 34 of this
26Code.

 

 

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1    (e) To maintain order and security in the schools, school
2authorities may inspect and search places and areas such as
3lockers, desks, parking lots, and other school property and
4equipment owned or controlled by the school, as well as
5personal effects left in those places and areas by students,
6without notice to or the consent of the student, and without a
7search warrant. As a matter of public policy, the General
8Assembly finds that students have no reasonable expectation of
9privacy in these places and areas or in their personal effects
10left in these places and areas. School authorities may request
11the assistance of law enforcement officials for the purpose of
12conducting inspections and searches of lockers, desks, parking
13lots, and other school property and equipment owned or
14controlled by the school for illegal drugs, weapons, or other
15illegal or dangerous substances or materials, including
16searches conducted through the use of specially trained dogs.
17If a search conducted in accordance with this Section produces
18evidence that the student has violated or is violating either
19the law, local ordinance, or the school's policies or rules,
20such evidence may be seized by school authorities, and
21disciplinary action may be taken. School authorities may also
22turn over such evidence to law enforcement authorities. The
23provisions of this subsection (e) apply in all school
24districts, including special charter districts and districts
25organized under Article 34.
26    (f) Suspension or expulsion may include suspension or

 

 

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1expulsion from school and all school activities and a
2prohibition from being present on school grounds.
3    (g) A school district may adopt a policy providing that if
4a student is suspended or expelled for any reason from any
5public or private school in this or any other state, the
6student must complete the entire term of the suspension or
7expulsion in an alternative school program under Article 13A of
8this Code or an alternative learning opportunities program
9under Article 13B of this Code before being admitted into the
10school district if there is no threat to the safety of students
11or staff in the alternative program. This subsection (g)
12applies to all school districts, including special charter
13districts and districts organized under Article 34 of this
14Code.
15(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1697-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
 
17    (105 ILCS 5/13A-3)
18    Sec. 13A-3. Alternative schools.
19    (a) Except with respect to the Chicago public school system
20as provided in Section 13A-11, beginning with the 1996-97
21school year, there is hereby created in this State a system of
22alternative school education programs. At least one
23alternative school program must may be located within each
24educational service region or established jointly by more than
25one regional office of education to serve more than one

 

 

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1educational service region.
2    (b) Each regional superintendent shall hold a public
3hearing, by December 1 of the school year following the
4effective date of this amendatory Act of 1995, to determine the
5need for an alternative school. The hearing shall be held
6before the regional board. The regional superintendent, after
7consulting with the district superintendent of each school
8district located within the regional superintendent's
9educational service region and the regional board, shall
10determine the location and the need of the alternative school
11within that region. In making this determination, the regional
12superintendent shall consider the following:
13        (1) the possible utilization of existing buildings,
14    including but not limited to governmental buildings, that
15    are, or could reasonably be made, usable as an alternative
16    school;
17        (2) which available option would be least costly; and
18        (3) distances that administratively transferred
19    students would need to travel and the costs of that travel.
20    (c) Upon determination of the need for establishment of an
21alternative school program, each school district located
22within the region shall provide the regional superintendent
23with a copy of the district's discipline policy and procedure
24for effecting the suspension or expulsion of the students of
25that district. Thereafter, the regional superintendent in
26cooperation with a representative from each school district in

 

 

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1the region shall establish and each school district in the
2region shall adopt policies and procedures that shall guide
3each district in the identification and placement of students
4in the alternative school program.
5    (d) The regional superintendent shall locate the
6alternative school program so that it is as far away from any
7other school buildings or school grounds in that educational
8service region as circumstances permit.
9    (e) With the approval of the State board, additional
10alternative school programs may be established in an
11educational service region. If the regional superintendent
12determines that an additional alternative school is required in
13the regional superintendent's educational service region, he
14or she may petition the State board to authorize one or more
15additional alternative school programs in that region.
16    (f) In determining whether an additional alternative
17school program is necessary and appropriate for an educational
18service region requesting it, the State board shall consider,
19among other factors, the following:
20        (1) the geographic size of the educational service
21    region and distances that students within that region must
22    travel in order to attend the existing alternative school
23    program;
24        (2) the student population of schools comprising the
25    educational service region and the likely student
26    population of all alternative school programs within that

 

 

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1    region if the petition is granted;
2        (3) any other logistical considerations; and
3        (4) the costs necessitated by establishing an
4    additional alternative school in that educational service
5    region.
6    (g) In the event the State board grants a petition for an
7additional alternative school program, then the State board,
8after consulting the regional superintendent, shall decide
9where the additional alternative school program shall be
10located within that region.
11(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
 
12    (105 ILCS 5/13A-4)
13    Sec. 13A-4. Administrative transfers. A student who is
14determined to be subject to suspension or expulsion or who is
15suspended or expelled, in the manner provided by Section
1610-22.6 (or, in the case of a student enrolled in the public
17schools of a school district organized under Article 34, in
18accordance with the uniform system of discipline established
19under Section 34-19), must may be immediately transferred to
20the alternative program. At the earliest time following that
21transfer appropriate personnel from the sending school
22district and appropriate personnel of the alternative program
23shall meet to develop an alternative education plan for the
24student. The student's parent or guardian shall be requested to
25appear at invited to this meeting. This request must be made by

 

 

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1certified mail or delivered in person and shall state the date,
2time, place, and purpose of the meeting. The student may be
3invited. The alternative educational plan shall include, but
4not be limited to all of the following:
5        (1) The duration of the plan, including a date after
6    which the student may be returned to the regular
7    educational program in the public schools of the
8    transferring district. If the parent or guardian of a
9    student who is scheduled to be returned to the regular
10    education program in the public schools of the district
11    files a written objection to the return with the principal
12    of the alternative school, the matter shall be referred by
13    the principal to the regional superintendent of the
14    educational service region in which the alternative school
15    program is located for a hearing. Notice of the hearing
16    shall be given by the regional superintendent to the
17    student's parent or guardian. After the hearing, the
18    regional superintendent may take such action as he or she
19    finds appropriate and in the best interests of the student.
20    The determination of the regional superintendent shall be
21    final.
22        (2) The specific academic and behavioral components of
23    the plan.
24        (3) A method and time frame for reviewing the student's
25    progress.
26Notwithstanding any other provision of this Article, if a

 

 

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1student for whom an individualized educational program has been
2developed under Article 14 is transferred to an alternative
3school program under this Article 13A, that individualized
4educational program shall continue to apply to that student
5following the transfer unless modified in accordance with the
6provisions of Article 14.
7(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
 
8    (105 ILCS 5/13A-11)
9    Sec. 13A-11. Chicago public schools.
10    (a) The Chicago Board of Education shall may establish
11alternative schools within Chicago and may contract with third
12parties for services otherwise performed by employees,
13including those in a bargaining unit, in accordance with
14Sections 34-8.1, 34-18, and 34-49.
15    (b) Alternative schools operated by third parties within
16Chicago shall be exempt from all provisions of the School Code,
17except provisions concerning:
18        (1) Student civil rights;
19        (2) Staff civil rights;
20        (3) Health and safety;
21        (4) Performance and financial audits;
22        (5) The Illinois Goals Assessment Program;
23        (6) Chicago learning outcomes;
24        (7) Sections 2-3.25a through 2-3.25j of the School
25    Code;

 

 

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1        (8) The Inspector General; and
2        (9) Section 34-2.4b of the School Code.
3(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
 
4    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
5    Sec. 34-19. By-laws, rules and regulations; business
6transacted at regular meetings; voting; records. The board
7shall, subject to the limitations in this Article, establish
8by-laws, rules and regulations, which shall have the force of
9ordinances, for the proper maintenance of a uniform system of
10discipline for both employees and pupils, and for the entire
11management of the schools, and may fix the school age of
12pupils, the minimum of which in kindergartens shall not be
13under 4 years, except that, based upon an assessment of the
14child's readiness, children who have attended a non-public
15preschool and continued their education at that school through
16kindergarten, were taught in kindergarten by an appropriately
17certified teacher, and will attain the age of 6 years on or
18before December 31 of the year of the 2009-2010 school term and
19each school term thereafter may attend first grade upon
20commencement of such term, and in grade schools shall not be
21under 6 years. It may expel, suspend or, subject to the
22limitations of all policies established or adopted under
23Section 14-8.05, otherwise discipline any pupil found guilty of
24gross disobedience, misconduct or other violation of the
25by-laws, rules and regulations, including gross disobedience

 

 

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1or misconduct perpetuated by electronic means. An expelled
2pupil must may be immediately transferred to an alternative
3program in the manner provided in Article 13A or 13B of this
4Code, except those pupils expelled under the provisions of the
5federal Gun-Free Schools Act of 1994. A pupil must not be
6denied transfer because of the expulsion, except in cases in
7which such transfer is deemed to cause a threat to the safety
8of students or staff in the alternative program. A pupil who is
9suspended in excess of 20 school days must may be immediately
10transferred to an alternative program in the manner provided in
11Article 13A or 13B of this Code. A pupil must not be denied
12transfer because of the suspension, except in cases in which
13such transfer is deemed to cause a threat to the safety of
14students or staff in the alternative program. The bylaws, rules
15and regulations of the board shall be enacted, money shall be
16appropriated or expended, salaries shall be fixed or changed,
17and textbooks, electronic textbooks, and courses of
18instruction shall be adopted or changed only at the regular
19meetings of the board and by a vote of a majority of the full
20membership of the board; provided that notwithstanding any
21other provision of this Article or the School Code, neither the
22board or any local school council may purchase any textbook for
23use in any public school of the district from any textbook
24publisher that fails to furnish any computer diskettes as
25required under Section 28-21. Funds appropriated for textbook
26purchases must be available for electronic textbook purchases

 

 

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

 

 

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1except that the board may not delegate its authorities and
2responsibilities regarding (1) budget approval obligations;
3(2) rule-making functions; (3) desegregation obligations; (4)
4real estate acquisition, sale or lease in excess of 10 years as
5provided in Section 34-21; (5) the levy of taxes; or (6) any
6mandates imposed upon the board by "An Act in relation to
7school reform in cities over 500,000, amending Acts herein
8named", approved December 12, 1988 (P.A. 85-1418).
9(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
1097-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)".