Rep. Jay Hoffman

Filed: 2/28/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4775

2    AMENDMENT NO. ______. Amend House Bill 4775 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-22.6 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, or to expel pupils as provided
12in subsection (d-10) of this Section, and no action shall lie
13against them for such expulsion. Expulsion shall take place
14only after the parents have been requested to appear at a
15meeting of the board, or with a hearing officer appointed by
16it, to discuss their child's behavior. Such request shall be

 

 

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1made by registered or certified mail and shall state the time,
2place and purpose of the meeting. The board, or a hearing
3officer appointed by it, at such meeting shall state the
4reasons for dismissal and the date on which the expulsion is to
5become effective. If a hearing officer is appointed by the
6board he shall report to the board a written summary of the
7evidence heard at the meeting and the board may take such
8action thereon as it finds appropriate. An expelled pupil may
9be immediately transferred to an alternative program in the
10manner provided in Article 13A or 13B of this Code. A pupil
11must not be denied transfer because of the expulsion, except in
12cases in which such transfer is deemed to cause a threat to the
13safety of students or staff in the alternative program.
14    (b) To suspend or by policy to authorize the superintendent
15of the district or the principal, assistant principal, or dean
16of students of any school to suspend pupils guilty of gross
17disobedience or misconduct, or to suspend pupils guilty of
18gross disobedience or misconduct on the school bus from riding
19the school bus, or to suspend pupils as provided in subsection
20(d-10) of this Section, and no action shall lie against them
21for such suspension. 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 may be immediately transferred to an alternative
18program in the manner provided in Article 13A or 13B of this
19Code. A pupil must not be denied transfer because of the
20suspension, except in cases in which such transfer is deemed to
21cause a threat to the safety of students or staff in the
22alternative 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
3case-by-case case by case basis. A student who is determined to
4have brought one of the following objects to school, any
5school-sponsored activity or event, or any activity or event
6that bears a reasonable relationship to school shall be
7expelled for a period of not less 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 2012. 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 case by case
13basis, if (i) that student has been determined to have made an
14explicit threat on an Internet website against a school
15employee, a student, or any school-related personnel, (ii) the
16Internet website through which the threat was made is a site
17that was accessible within the school at the time the threat
18was made or was available to third parties who worked or
19studied within the school grounds at the time the threat was
20made, and (iii) the threat could be reasonably interpreted as
21threatening to the safety and security of the threatened
22individual because of his or her duties or employment status or
23status as a student inside the school. The provisions of this
24subsection (d-5) apply in all school districts, including
25special charter districts and districts organized under
26Article 34 of this Code.

 

 

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1    (d-10) In this subsection (d-10), "violent felony" means a
2violent felony as defined in Section 5 of the Medical School
3Matriculant Criminal History Records Check Act.
4    Subject to subsections (a) and (b) of this Section, the
5board may suspend or, by policy, authorize the superintendent
6of the district or the principal, assistant principal, or dean
7of students of a school to suspend a student for a period not
8to exceed 10 school days or may expel a student for a definite
9period of time not to exceed 2 calendar years, as determined on
10a case-by-case basis, if (i) the student has been charged with
11a violent felony or convicted of a violent felony and (ii) the
12board or, as authorized by board policy, the superintendent of
13the district or the principal, assistant principal, or dean of
14students of the school determines that the student's continued
15presence in school would have a substantial detrimental effect
16on the general welfare of the school. If the charge has been
17dropped or the student has been found not guilty, the student
18may be fully reinstated in school.
19    The provisions of this subsection (d-10) apply in all
20school districts, including special charter districts and
21districts organized under Article 34 of this Code.
22    (e) To maintain order and security in the schools, school
23authorities may inspect and search places and areas such as
24lockers, desks, parking lots, and other school property and
25equipment owned or controlled by the school, as well as
26personal effects left in those places and areas by students,

 

 

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

 

 

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1student must complete the entire term of the suspension or
2expulsion in an alternative school program under Article 13A of
3this Code or an alternative learning opportunities program
4under Article 13B of this Code before being admitted into the
5school district if there is no threat to the safety of students
6or staff in the alternative program. This subsection (g)
7applies to all school districts, including special charter
8districts and districts organized under Article 34 of this
9Code.
10(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1197-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1297-1150, eff. 1-25-13.)
 
13    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
14    Sec. 34-19. By-laws, rules and regulations; business
15transacted at regular meetings; voting; records. The board
16shall, subject to the limitations in this Article, establish
17by-laws, rules and regulations, which shall have the force of
18ordinances, for the proper maintenance of a uniform system of
19discipline for both employees and pupils, and for the entire
20management of the schools, and may fix the school age of
21pupils, the minimum of which in kindergartens shall not be
22under 4 years, except that, based upon an assessment of the
23child's readiness, children who have attended a non-public
24preschool and continued their education at that school through
25kindergarten, were taught in kindergarten by an appropriately

 

 

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1certified teacher, and will attain the age of 6 years on or
2before December 31 of the year of the 2009-2010 school term and
3each school term thereafter may attend first grade upon
4commencement of such term, and in grade schools shall not be
5under 6 years. It may expel, suspend or, subject to the
6limitations of all policies established or adopted under
7Section 14-8.05, otherwise discipline any pupil found guilty of
8gross disobedience, misconduct or other violation of the
9by-laws, rules and regulations, including gross disobedience
10or misconduct perpetuated by electronic means, and may expel or
11suspend pupils as provided in subsection (d-10) of Section
1210-22.6 of this Code. An expelled pupil may be immediately
13transferred to an alternative program in the manner provided in
14Article 13A or 13B of this Code. A pupil must not be denied
15transfer because of the expulsion, except in cases in which
16such transfer is deemed to cause a threat to the safety of
17students or staff in the alternative program. A pupil who is
18suspended in excess of 20 school days may be immediately
19transferred to an alternative program in the manner provided in
20Article 13A or 13B of this Code. A pupil must not be denied
21transfer because of the suspension, except in cases in which
22such transfer is deemed to cause a threat to the safety of
23students or staff in the alternative program. The bylaws, rules
24and regulations of the board shall be enacted, money shall be
25appropriated or expended, salaries shall be fixed or changed,
26and textbooks, electronic textbooks, and courses of

 

 

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1instruction shall be adopted or changed only at the regular
2meetings of the board and by a vote of a majority of the full
3membership of the board; provided that notwithstanding any
4other provision of this Article or the School Code, neither the
5board or any local school council may purchase any textbook for
6use in any public school of the district from any textbook
7publisher that fails to furnish any computer diskettes as
8required under Section 28-21. Funds appropriated for textbook
9purchases must be available for electronic textbook purchases
10and the technological equipment necessary to gain access to and
11use electronic textbooks at the local school council's
12discretion. The board shall be further encouraged to provide
13opportunities for public hearing and testimony before the
14adoption of bylaws, rules and regulations. Upon all
15propositions requiring for their adoption at least a majority
16of all the members of the board the yeas and nays shall be
17taken and reported. The by-laws, rules and regulations of the
18board shall not be repealed, amended or added to, except by a
19vote of 2/3 of the full membership of the board. The board
20shall keep a record of all its proceedings. Such records and
21all by-laws, rules and regulations, or parts thereof, may be
22proved by a copy thereof certified to be such by the secretary
23of the board, but if they are printed in book or pamphlet form
24which are purported to be published by authority of the board
25they need not be otherwise published and the book or pamphlet
26shall be received as evidence, without further proof, of the

 

 

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1records, by-laws, rules and regulations, or any part thereof,
2as of the dates thereof as shown in such book or pamphlet, in
3all courts and places where judicial proceedings are had.
4    Notwithstanding any other provision in this Article or in
5the School Code, the board may delegate to the general
6superintendent or to the attorney the authorities granted to
7the board in the School Code, provided such delegation and
8appropriate oversight procedures are made pursuant to board
9by-laws, rules and regulations, adopted as herein provided,
10except that the board may not delegate its authorities and
11responsibilities regarding (1) budget approval obligations;
12(2) rule-making functions; (3) desegregation obligations; (4)
13real estate acquisition, sale or lease in excess of 10 years as
14provided in Section 34-21; (5) the levy of taxes; or (6) any
15mandates imposed upon the board by "An Act in relation to
16school reform in cities over 500,000, amending Acts herein
17named", approved December 12, 1988 (P.A. 85-1418).
18(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
1997-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
207-13-12.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".