Full Text of HB0791 95th General Assembly
HB0791 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0791
Introduced 2/7/2007, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/24-24 |
from Ch. 122, par. 24-24 |
105 ILCS 5/26-12 |
from Ch. 122, par. 26-12 |
105 ILCS 5/34-19 |
from Ch. 122, par. 34-19 |
105 ILCS 5/34-19.01 new |
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Amends the School Code in relation to Chicago schools. Sets forth
criteria and procedures for expulsion of pupils of the age of 16 or older who are
guilty of gross disobedience or misconduct. Authorizes suspension of
pupils guilty of gross disobedience or misconduct on school buses. Sets forth provisions governing in-school suspension.
Provides for establishment of an in-school and intensive
district supervision center for pupils under age 16, sets forth procedures
for placing children in the center, sets forth components of the program of
instruction in the center, and requires parents of pupils to attend certain meetings.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0791 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 24-24, 26-12, and 34-19 and by adding Section 34-19.01 as | 6 |
| follows:
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| (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
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| Sec. 24-24. Maintenance of discipline. Subject to the | 9 |
| limitations of all
policies established or adopted under | 10 |
| Section 14-8.05, teachers,
other
certificated educational | 11 |
| employees, and any other person, whether or not a
certificated | 12 |
| employee, providing a related service for or with respect to a
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| student shall maintain discipline in the schools,
including | 14 |
| school grounds which are owned or leased by the board and used | 15 |
| for
school purposes and activities. In all matters relating to | 16 |
| the discipline in
and conduct of the schools and the school | 17 |
| children, they stand in the relation
of parents and guardians | 18 |
| to the pupils. This relationship shall extend to all
activities | 19 |
| connected with the school program, including all athletic and
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| extracurricular programs, and may be exercised at any time for | 21 |
| the safety and
supervision of the pupils in the absence of | 22 |
| their parents or guardians.
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| Nothing in this Section affects the power of the board to |
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| establish
rules with respect to discipline; except that each | 2 |
| board shall
establish a policy on discipline, that policy must | 3 |
| not be inconsistent
with the provisions of Section 34-19.01 of | 4 |
| this Code, and the policy so established shall
provide, subject | 5 |
| to the limitations of all policies established or adopted
under | 6 |
| Section 14-8.05, that a teacher, other certificated employee, | 7 |
| and
any other person, whether or not a certificated employee, | 8 |
| providing a related
service for or with respect to a student | 9 |
| may use reasonable
force as needed to
maintain safety for the | 10 |
| other students, school personnel or persons or for the
purpose | 11 |
| of self defense or the defense of property, shall provide that | 12 |
| a
teacher may remove a student
from the classroom for | 13 |
| disruptive behavior, and shall include provisions
which
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| provide due process to students. The policy shall not include | 15 |
| slapping,
paddling or prolonged maintenance of students in | 16 |
| physically painful positions
nor shall it include the | 17 |
| intentional infliction of bodily harm.
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| The board may make and enforce reasonable rules of conduct | 19 |
| and
sportsmanship for athletic and extracurricular school | 20 |
| events. Any person
who violates such rules may be denied | 21 |
| admission to school events for not
more than one year, provided | 22 |
| that written 10 days notice of the violation
is given such | 23 |
| person and a hearing had thereon by the board pursuant to its
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| rules and regulations. The administration of any school may | 25 |
| sign complaints
as agents of the school against persons | 26 |
| committing any offense at school
events.
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| (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. | 2 |
| 7-19-95.)
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| (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
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| Sec. 26-12. Punitive action. No punitive action ,
including | 5 |
| in-school or out of school suspensions, expulsions or court | 6 |
| action, shall
be taken against chronic truants for such | 7 |
| truancy , unless available supportive services
and other school | 8 |
| resources have been provided to the student. Any punitive | 9 |
| action taken under this Section is subject to the provisions
of | 10 |
| Section 34-19.01 of this Code, if such action involves the
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| expulsion or suspension of a student or a student's assignment | 12 |
| for
attendance pursuant to subsection (c) of Section 34-19.01 | 13 |
| of this Code.
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| (Source: P.A. 85-234.)
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| (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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| Sec. 34-19. By-laws, rules and regulations; business | 17 |
| transacted at
regular meetings; voting; records. The board | 18 |
| shall, subject to the limitations
in this Article, establish | 19 |
| by-laws, rules and regulations, which shall have the
force of | 20 |
| ordinances, for the proper maintenance of a uniform system of
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| discipline for both employees and pupils, and for the entire | 22 |
| management of the
schools, and may fix the school age of | 23 |
| pupils, the minimum of which in
kindergartens shall not be | 24 |
| under 4 years and in grade schools shall not be
under 6 years. |
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| Subject to and in a manner consistent with the provisions of | 2 |
| Section 34-19.01 of this Code, it
It may expel, suspend or, | 3 |
| subject to the limitations of all
policies established or | 4 |
| adopted under Section 14-8.05, otherwise discipline any
pupil | 5 |
| found guilty of gross disobedience, misconduct or other | 6 |
| violation of the
by-laws, rules and regulations. The bylaws, | 7 |
| rules and regulations of the board
shall be enacted, money | 8 |
| shall be appropriated or expended, salaries shall be
fixed or | 9 |
| changed, and textbooks and courses of instruction shall be | 10 |
| adopted or
changed only at the regular meetings of the board | 11 |
| and by a vote of a
majority of the full membership of the | 12 |
| board; provided that
notwithstanding any other provision of | 13 |
| this Article or the School Code,
neither the board or any local | 14 |
| school council may purchase any textbook for use in any public | 15 |
| school of the
district from any textbook publisher that fails | 16 |
| to furnish any computer
diskettes as required under Section | 17 |
| 28-21. The board shall be further
encouraged to provide | 18 |
| opportunities for public hearing and testimony before
the | 19 |
| adoption of bylaws, rules and regulations. Upon all | 20 |
| propositions
requiring for their adoption at least a majority | 21 |
| of all the members of the
board the yeas and nays shall be | 22 |
| taken and reported. The by-laws, rules and
regulations of the | 23 |
| board shall not be repealed, amended or added to, except
by a | 24 |
| vote of 2/3 of the full membership of the board. The board | 25 |
| shall keep
a record of all its proceedings. Such records and | 26 |
| all
by-laws, rules and regulations, or parts thereof, may be |
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| proved by a copy
thereof certified to be such by the secretary | 2 |
| of the board, but if they are
printed in book or pamphlet form | 3 |
| which are purported to be published by
authority of the board | 4 |
| they need not be otherwise published and the book or
pamphlet | 5 |
| shall be received as evidence, without further proof, of the
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| records, by-laws, rules and regulations, or any part thereof, | 7 |
| as of the
dates thereof as shown in such book or pamphlet, in | 8 |
| all courts and places
where judicial proceedings are had.
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| Notwithstanding any other provision in this Article or in | 10 |
| the School
Code, the board may delegate to the general | 11 |
| superintendent or to the
attorney the authorities granted to | 12 |
| the board in the School Code, provided
such delegation and | 13 |
| appropriate oversight procedures are made pursuant to
board | 14 |
| by-laws, rules and regulations, adopted as herein provided, | 15 |
| except that
the board may not delegate its authorities and | 16 |
| responsibilities regarding (1)
budget approval obligations; | 17 |
| (2) rule-making functions; (3) desegregation
obligations; (4) | 18 |
| real estate acquisition, sale or lease in excess of 10 years
as | 19 |
| provided in Section 34-21; (5) the levy of taxes; or (6) any | 20 |
| mandates
imposed upon the board by "An Act in relation to | 21 |
| school reform in cities over
500,000, amending Acts herein | 22 |
| named", approved December 12, 1988 (P.A.
85-1418).
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| (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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| (105 ILCS 5/34-19.01 new) | 25 |
| Sec. 34-19.01. Expulsion; suspension. |
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| (a) As used in this Section, "disruptive behavior" means:
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| (1) behavior demonstrating a chronic, severe | 3 |
| disciplinary problem and
demonstrating a recidivistic | 4 |
| pattern of extremely disruptive, refractory
behavior that | 5 |
| is totally incompatible with the minimum level of classroom | 6 |
| order; or
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| (2) possession of illegal substances or dangerous | 8 |
| weapons or objects,
drunkenness, chronic truancy,
fighting | 9 |
| or any other behavior as determined by the local board and
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| administrators to be severe disruptive behavior.
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| (b) The board may expel pupils of the age of 16 or older
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| who are guilty of gross disobedience or misconduct.
No action | 13 |
| shall lie against the board or any of its members
for such | 14 |
| expulsion. Expulsion shall take place only after the parents or | 15 |
| guardian
have been requested to appear at a meeting of the | 16 |
| board, or with a hearing
officer appointed by it, to discuss | 17 |
| their child's behavior. Such request
shall be made by | 18 |
| registered or certified mail and shall state the time,
place | 19 |
| and purpose of the meeting. The board, or a hearing officer
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| appointed by it, at such meeting shall state the reasons for | 21 |
| dismissal and
the date on which the expulsion is to become | 22 |
| effective. If a hearing
officer is appointed by the board he | 23 |
| shall report to the board a written
summary of the evidence | 24 |
| heard at the meeting and the board may take such
action thereon | 25 |
| as it finds appropriate.
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| (c) The board may suspend or by regulation authorize the
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| general superintendent of schools or the school principal or | 2 |
| assistant
principals to suspend pupils guilty of
gross | 3 |
| disobedience or misconduct on the school
bus from riding the | 4 |
| school bus, and no action shall lie against them for
such | 5 |
| suspension. The board may by regulation authorize the general
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| superintendent or the school principal or assistant principals | 7 |
| to suspend
pupils guilty of
gross disobedience or misconduct on | 8 |
| a school bus for a period not to exceed
10 days; however, the | 9 |
| board may suspend the pupil in excess of 10 school
days to | 10 |
| maintain safety and to protect other pupils.
Any suspension | 11 |
| shall be reported immediately to the parents or
guardian of | 12 |
| such pupil along
with a full statement of the reasons for such | 13 |
| suspension and a notice of
their right to a review, a copy of | 14 |
| which shall be given to the board. Upon
request of the parents | 15 |
| or guardian, the board or a hearing officer appointed
by it | 16 |
| shall review such action of the general superintendent or | 17 |
| principal
or assistant principal. At such review the parents or | 18 |
| guardian of the
pupil may appear and discuss the suspension | 19 |
| with the board or its hearing
officer. If a hearing officer is | 20 |
| appointed by the board, he or she shall report to
the board a | 21 |
| written summary of the evidence heard at the meeting. After
its | 22 |
| hearing or upon receipt of the written report of its hearing | 23 |
| officer,
the board may take such action as it finds | 24 |
| appropriate.
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| The board shall establish an in-school
and intensive | 26 |
| district supervision center
and as part of that program shall |
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| develop guidelines and criteria for
the implementation of that | 2 |
| program. Only pupils under 16 years of age
shall be assigned to | 3 |
| or placed under any in-school and
intensive district | 4 |
| supervision center pursuant to this Section. A pupil
who is 16 | 5 |
| years of age or older must not be assigned to or placed under | 6 |
| any
in-school and intensive district supervision center | 7 |
| pursuant to
this Section. | 8 |
| A pupil receiving an in-school
suspension shall be assigned | 9 |
| to an area within the school building wherein
the pupil may | 10 |
| receive learning instructions or counseling for the duration of
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| the suspension. In-school suspension shall be conducted in a | 12 |
| manner that ensures the physical separation of the suspended | 13 |
| pupils from other pupils
throughout the school day, including | 14 |
| between classes and during all lunch,
recess, study hall, | 15 |
| physical education, driver education, and classroom | 16 |
| instruction periods and
in such a manner that restricts the | 17 |
| freedom and privileges of the pupil when
appropriate. If a | 18 |
| pupil who is serving an in-school suspension is
determined to | 19 |
| have a chronic, severe disciplinary problem and has
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| demonstrated disruptive
behavior that is totally incompatible | 21 |
| with the minimum level of classroom
order that must exist if | 22 |
| others are to be taught and afforded an
opportunity to learn, | 23 |
| such pupil shall be assigned to an in-school and
intensive | 24 |
| district supervision center.
A pupil placed on in-school | 25 |
| suspension shall be
assigned for the period of the
suspension | 26 |
| to any attendance center within the school district designated
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| by the board for pupils assigned to a supervision center, | 2 |
| including the
attendance center in which the pupil is an | 3 |
| enrolled student at the time the
pupil is suspended. In | 4 |
| establishing its in-school and intensive district
supervision | 5 |
| center, the
board shall consider whether one or more attendance | 6 |
| centers within
the district shall be designated as the | 7 |
| attendance center or centers where
all pupils under an | 8 |
| in-school intensive district supervision order shall be
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| assigned. Each attendance center where
pupils are assigned for | 10 |
| the period of their in-school suspension shall be
operated in a | 11 |
| manner that ensures the physical separation of suspended
pupils | 12 |
| from other pupils throughout the school day, including between
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| classes and during all lunch, recess, study hall, physical | 14 |
| education, driver education, and
classroom instruction | 15 |
| periods. The supervision center
shall be
designed, staffed, and | 16 |
| operated in such manner that pupils on
suspension continue with | 17 |
| the courses in which they were enrolled when
suspended, under | 18 |
| assignments that the actual teachers of those courses
shall | 19 |
| provide to certificated personnel who shall be responsible for
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| furnishing the direct supervision and the individual | 21 |
| assistance, counseling,
and instruction required by the pupils | 22 |
| who are on suspension.
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| (d) Except as otherwise provided in
this Section, a pupil | 24 |
| must not be assigned
for attendance to an in-school and | 25 |
| intensive district supervision center designated pursuant to | 26 |
| subsection (c) of this Section until the pupil's guardian or |
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| parents have been notified by
certified mail, return receipt | 2 |
| requested, to appear at the time and place
specified in the | 3 |
| notice for the purpose of discussing with the
board, or with a | 4 |
| hearing officer appointed by the board, the pupil's
behavior | 5 |
| and impending assignment to an attendance center designated
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| pursuant to subsection (c) of this Section. If a hearing | 7 |
| officer is appointed by the
board, a written summary of the | 8 |
| facts presented at the meeting shall
be prepared and furnished | 9 |
| by the hearing officer to the board and
the pupil's parents or | 10 |
| guardian; and the board shall notify the
pupil's parents or | 11 |
| guardian by certified mail, return receipt requested, to
appear | 12 |
| at the time and place specified in the notice for a meeting | 13 |
| with the
board, at which meeting the board shall determine | 14 |
| whether the pupil
shall be assigned to an attendance center | 15 |
| designated pursuant to subsection (c) of this Section. A pupil | 16 |
| must not be assigned to an attendance center designated
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| pursuant to subsection (c) of this Section unless the pupil was | 18 |
| previously placed on
in-school suspension, unless the pupil's | 19 |
| conduct during a period of
in-school suspension falls to the | 20 |
| level required for assignment to an
attendance center | 21 |
| designated pursuant to subsection (c) of this Section,
or | 22 |
| unless the pupil's assignment to an attendance center | 23 |
| designated
pursuant to subsection (c) of this Section is | 24 |
| required by court order, including, but not
limited to, an | 25 |
| order of disposition entered pursuant to the Juvenile Court
Act | 26 |
| of 1987. When the pupil's assignment to
an attendance center |
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| designated pursuant to subsection (c) of this Section is | 2 |
| required by
court order, the meeting or meetings otherwise | 3 |
| required by this subsection (d)
shall not be required, and the | 4 |
| board shall assign the pupil to an
attendance center in | 5 |
| accordance with the court's order. Attendance centers
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| designated pursuant to subsection (c) of this Section shall be | 7 |
| maintained and operated
exclusively for pupils assigned | 8 |
| thereto for attendance pursuant to subsection (c) of this
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| Section, unless the board determines that such action would be
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| fiscally irresponsible and would result not only in substantial
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| underutilization of an attendance center designated pursuant | 12 |
| to subsection (c) of this Section, but would also cause | 13 |
| significant excess pupil enrollment at the
other attendance | 14 |
| centers within the district. If an attendance center
designated | 15 |
| pursuant to subsection (c) of this Section is not maintained | 16 |
| and operated
exclusively for pupils assigned thereto pursuant | 17 |
| to subsection (c) of this Section, the
attendance center shall | 18 |
| be operated in a manner that ensures the physical
separation of | 19 |
| pupils assigned for attendance pursuant to subsection (c) of | 20 |
| this Section
from other pupils throughout the school day, | 21 |
| including between
classes and during all lunch, recess, study | 22 |
| hall, physical education,
driver education, and classroom | 23 |
| instruction periods.
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| Once a student enters the in-school and intensive district | 25 |
| supervision center, an assessment
evaluation shall be made on | 26 |
| the pupil and a service plan developed for the
pupil's |
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| corrective behavior to be approved by parents, administrators, | 2 |
| and teachers.
Such assessment evaluation may include an | 3 |
| orientation session for the
pupil and a psychological and | 4 |
| educational assessment of the pupil by a
guidance counselor. | 5 |
| Such sessions may also include the parents or guardian
of the | 6 |
| pupil. In
addition, an academic program shall be followed, to | 7 |
| include, but not be limited to, the following:
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| (1) Language arts/reading/writing.
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| (2) Mathematics.
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| (3) Social studies.
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| (4) Science or health science.
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| (5) Violence prevention awareness.
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| Pupils shall also be involved daily in crisis intervention | 14 |
| counseling,
with outreach to agencies in the home community | 15 |
| when recommended.
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| The program of instruction developed for pupils assigned | 17 |
| for attendance
pursuant to subsection (c) of this Section shall | 18 |
| be conducted in a flexible environment
and shall place emphasis | 19 |
| on individualized educational alternatives for such
pupils | 20 |
| based on their level of intellectual, behavioral, and social
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| development. Components of the program of instruction may | 22 |
| include basic
skills or other academic coursework in | 23 |
| appropriate cases or
vocational and technical skills training, | 24 |
| public service project
activities, family structure, function | 25 |
| and management training, social
group work demonstration | 26 |
| projects, employment training, and service
coordinated by |
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| school officials with other governmental agencies and
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| not-for-profit entities or with private business and industry, | 3 |
| and such
other components as are designed to motivate and | 4 |
| assist pupils to enhance
their self-concept, modify their | 5 |
| behavior, develop their academic
abilities, and establish and | 6 |
| achieve goals that will improve their life.
School counselors, | 7 |
| social workers, and other certificated personnel shall be
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| assigned by the board as necessary to work with pupils assigned | 9 |
| for
attendance pursuant to subsection (c) of this Section and | 10 |
| with the teachers and the
parents or guardians of such pupils | 11 |
| in attempting to provide the
environment and services necessary | 12 |
| to assist those pupils in either
returning to the regular | 13 |
| educational program of the district or in deriving
a measurable | 14 |
| benefit from the instruction and training they receive while
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| assigned for attendance pursuant to subsection (c) of this | 16 |
| Section. Pupils assigned for
attendance pursuant to subsection | 17 |
| (c) of this Section may be returned by the board or
general | 18 |
| superintendent
to the regular educational program of the | 19 |
| district after a mandatory exit
conference is held involving | 20 |
| the pupil and his or her parents or guardian
and a school | 21 |
| official. Return to the home school of the pupil may be made
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| with or without ongoing monitoring, counseling, or therapy of | 23 |
| the pupil.
Reassignment to a different attendance center within | 24 |
| the district may also
be made if deemed appropriate by school | 25 |
| officials.
A pupil so returned may, when necessary, be
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| reassigned by the board or general superintendent for |
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| attendance pursuant
to subsection (c) of this Section
without | 2 |
| conducting the meeting or meetings required for an initial
| 3 |
| assignment under this Section, provided that a pupil assigned | 4 |
| to an
attendance center designated pursuant to subsection (c) | 5 |
| of this Section by court order
shall remain so assigned until | 6 |
| further order of the court.
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| The parents or guardians of pupils assigned for attendance | 8 |
| pursuant
to subsection (c) of this Section shall meet with the | 9 |
| school officials, social workers, and
counselors on a monthly | 10 |
| basis to discuss pupil performances and the efforts
of parents | 11 |
| and guardians to assist the pupils in improving their skills,
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| behavior, and social development. The time and place of the | 13 |
| regular monthly
meeting shall be determined by school officials | 14 |
| in consultation with the
parents and guardians, shall be | 15 |
| scheduled on nonattendance
days or outside of the regular | 16 |
| school day as required, and may be conducted
as a group meeting | 17 |
| with segments of the meeting devoted to private
counseling and | 18 |
| discussions with the parents and guardians attending. The
time | 19 |
| and place of each monthly meeting shall be confirmed by written | 20 |
| notice
mailed by the school officials to the parents and | 21 |
| guardians. Parents or
guardians who fail to attend a monthly | 22 |
| meeting shall be contacted by the
school officials and afforded | 23 |
| the opportunity to meet personally with
school officials, | 24 |
| social workers, or counselors during the regular school
day. | 25 |
| Any pupil assigned for attendance pursuant to subsection (c) of | 26 |
| this Section whose
parents or guardian fail to attend monthly |
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| meetings or meet
personally with school officials, social | 2 |
| workers, or school counselors as
required by this subsection | 3 |
| (d) shall be deemed a
neglected minor within the meaning of | 4 |
| subsection (1) of Section 2-3 of the
Juvenile Court Act of 1987 | 5 |
| and shall be
reported by the school principal to the Department | 6 |
| of Children and Family
Services for institution of proceedings | 7 |
| under Article II of that Act.
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| (e) The Department of Human Services shall
be invited to | 9 |
| send a representative to consult with the board at any
meeting | 10 |
| held pursuant to this Section whenever there is evidence that
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| mental illness may be the cause for expulsion or suspension or | 12 |
| assignment
for attendance pursuant to subsection (c) of this | 13 |
| Section.
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