State of Illinois
92nd General Assembly

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 1        AN ACT relating to schools.

 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-1,  13A-4,  and  34-19  as
 6    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
                            -2-                LRB9203232NTsb
 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  if  the
10    student  is  in  any of grades 6 through 12, the school board
11    shall  may  approve  the  placement  of  the  student  in  an
12    alternative school program established under Article  13A  of
13    this  Act,  unless  the  student is 16 years old or older, in
14    which case the school board may approve the placement of  the
15    student  in an alternative school program. Each public school
16    and each private or nonpublic elementary or secondary  school
17    in this State shall within 10 days after the student has paid
18    all  of  his or her outstanding fines and fees and at its own
19    expense forward an  official  transcript  of  the  scholastic
20    records  of  each  student  transferring  from that school in
21    strict accordance with the provisions of this Section and the
22    rules established by the State Board of Education  as  herein
23    provided.
24        The  State  Board  of  Education shall develop a one-page
25    standard form that Illinois school districts are required  to
26    provide  to  any  student  who  is  moving  out of the school
27    district and that contains the information about  whether  or
28    not  the student is "in good standing" and whether or not his
29    or her medical records are up-to-date and complete.  As  used
30    in this Section, "in good standing" means that the student is
31    not  being  disciplined  by a suspension or expulsion, but is
32    entitled to attend classes.  No school district  is  required
33    to  admit  a  new  student  who  is transferring from another
34    Illinois school district unless he or  she  can  produce  the
                            -3-                LRB9203232NTsb
 1    standard  form  from  the  student's previous school district
 2    enrollment.  No school district is required to  admit  a  new
 3    student  who  is  transferring  from  an  out-of-state public
 4    school unless the parent or guardian of the student certifies
 5    in writing that  the  student  is  not  currently  serving  a
 6    suspension  or expulsion imposed by the school from which the
 7    student is transferring.
 8    (Source: P.A. 91-365, eff. 7-30-99.)

 9        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
10        Sec. 10-22.6. Suspension or expulsion of  pupils;  school
11    searches.
12        (a)  To  expel  pupils  guilty  of  gross disobedience or
13    misconduct, and no action shall lie  against  them  for  such
14    expulsion.  Expulsion shall take place only after the parents
15    have been requested to appear at a meeting of the  board,  or
16    with  a  hearing  officer  appointed  by it, to discuss their
17    child's behavior. Such request shall be made by registered or
18    certified mail and shall state the time, place and purpose of
19    the meeting. The board, or a hearing officer appointed by it,
20    at such meeting shall state the reasons for dismissal and the
21    date on which the expulsion is  to  become  effective.  If  a
22    hearing  officer is appointed by the board he shall report to
23    the board a written summary of  the  evidence  heard  at  the
24    meeting  and  the  board  may  take such action thereon as it
25    finds appropriate.
26        (b)  To  suspend  or  by  regulation  to  authorize   the
27    superintendent  of  the  district or the principal, assistant
28    principal, or dean of  students  of  any  school  to  suspend
29    pupils  guilty  of  gross  disobedience  or misconduct, or to
30    suspend pupils guilty of gross disobedience or misconduct  on
31    the  school  bus  from  riding  the school bus, and no action
32    shall lie against them for such suspension. The board may  by
33    regulation  authorize  the  superintendent of the district or
                            -4-                LRB9203232NTsb
 1    the principal, assistant principal, or dean  of  students  of
 2    any school to suspend pupils guilty of such acts for a period
 3    not  to exceed 10 school days. If a pupil is suspended due to
 4    gross disobedience or misconduct on a school bus,  the  board
 5    may  suspend the pupil in excess of 10 school days for safety
 6    reasons.  Any suspension shall be reported immediately to the
 7    parents or guardian of such pupil along with a full statement
 8    of the reasons for such suspension  and  a  notice  of  their
 9    right  to  a  review,  a  copy of which shall be given to the
10    school board. Upon request of the  parents  or  guardian  the
11    school  board  or  a  hearing  officer  appointed by it shall
12    review  such  action  of  the  superintendent  or  principal,
13    assistant principal, or dean of students.  At such review the
14    parents or guardian of the pupil may appear and  discuss  the
15    suspension  with  the  board  or  its  hearing  officer. If a
16    hearing officer is appointed by the board he shall report  to
17    the  board  a  written  summary  of the evidence heard at the
18    meeting. After its hearing or upon  receipt  of  the  written
19    report of its hearing officer, the board may take such action
20    as it finds appropriate.
21        (c)  The Department of Human Services shall be invited to
22    send  a  representative  to  consult  with  the board at such
23    meeting whenever there is evidence that mental illness may be
24    the cause for expulsion or suspension.
25        (d)  The board may expel a student for a definite  period
26    of  time  not  to exceed 2 calendar years, as determined on a
27    case by case basis.  A student  who  is  determined  to  have
28    brought  a weapon to school, any school-sponsored activity or
29    event, or any activity or  event  which  bears  a  reasonable
30    relationship  to school shall be expelled for a period of not
31    less than one year, except that the expulsion period  may  be
32    modified  by  the  superintendent,  and  the superintendent's
33    determination may be modified by the board on a case by  case
34    basis.  For  the  purpose  of this Section, the term "weapon"
                            -5-                LRB9203232NTsb
 1    means (1) possession, use, control, or transfer of  any  gun,
 2    rifle, shotgun, weapon as defined by Section 921 of Title 18,
 3    United  States Code, firearm as defined in Section 1.1 of the
 4    Firearm Owners Identification Act, or  use  of  a  weapon  as
 5    defined  in  Section 24-1 of the Criminal Code, (2) any other
 6    object if used or attempted to be used to cause bodily  harm,
 7    including  but  not  limited  to,  knives, brass knuckles, or
 8    billy clubs, or (3) "look alikes" of any weapon as defined in
 9    this Section. Expulsion or suspension shall be construed in a
10    manner  consistent  with   the   Federal   Individuals   with
11    Disabilities  Education  Act.  A  student  who  is subject to
12    suspension or expulsion as provided in this Section and is in
13    any of grades 6 through 12 shall may be transferred  eligible
14    for a transfer to an alternative school program in accordance
15    with  Article 13A of this the School Code, unless the student
16    is 16 years old or older, in which case the  student  may  be
17    eligible  for  a  transfer  to an alternative school program.
18    The provisions of this subsection (d)  apply  in  all  school
19    districts,  including special charter districts and districts
20    organized under Article 34.
21        (e)  To maintain  order  and  security  in  the  schools,
22    school  authorities  may  inspect and search places and areas
23    such as  lockers,  desks,  parking  lots,  and  other  school
24    property  and equipment owned or controlled by the school, as
25    well as personal effects left in those places  and  areas  by
26    students,  without  notice  to or the consent of the student,
27    and without a search warrant.  As a matter of public  policy,
28    the  General  Assembly finds that students have no reasonable
29    expectation of privacy in these places and areas or in  their
30    personal  effects  left  in  these  places and areas.  School
31    authorities may request the  assistance  of  law  enforcement
32    officials  for  the  purpose  of  conducting  inspections and
33    searches of lockers, desks, parking lots,  and  other  school
34    property  and equipment owned or controlled by the school for
                            -6-                LRB9203232NTsb
 1    illegal  drugs,  weapons,  or  other  illegal  or   dangerous
 2    substances or materials, including searches conducted through
 3    the  use of specially trained dogs.  If a search conducted in
 4    accordance with  this  Section  produces  evidence  that  the
 5    student  has  violated  or is violating either the law, local
 6    ordinance, or the school's policies or rules,  such  evidence
 7    may  be seized by school authorities, and disciplinary action
 8    may be taken.  School authorities may  also  turn  over  such
 9    evidence  to  law enforcement authorities.  The provisions of
10    this subsection (e) apply in all school districts,  including
11    special  charter  districts  and  districts  organized  under
12    Article 34.
13        (f)  Suspension  or  expulsion  may include suspension or
14    expulsion  from  school  and  all  school  activities  and  a
15    prohibition from being present on school grounds.
16    (Source: P.A.  89-371,  eff.  1-1-96;  89-507,  eff.  7-1-97;
17    89-610,  eff.  8-6-96;  P.A. 90-14, eff. 7-1-97; 90-548, eff.
18    1-1-98; 90-757, eff. 8-14-98.)

19        (105 ILCS 5/13A-1)
20        Sec.  13A-1.   Legislative  Declaration.    The   General
21    Assembly finds and declares as follows:
22        (a)  The  children  of  this  State  constitute  its most
23    important resource, and in order to enable those children  to
24    reach  their  full potential, the State must provide them the
25    quality public education that the Constitution of  the  State
26    of Illinois mandates.
27        (b)  The  State  cannot  provide  its  children  with the
28    education they deserve and require unless the environment  of
29    the public schools is conducive to learning.
30        (c)  That   environment  cannot  be  achieved  unless  an
31    atmosphere of safety prevails, assuring that  the  person  of
32    each  student,  teacher,  and  staff member is respected, and
33    that none of those people are subjected to violence, threats,
                            -7-                LRB9203232NTsb
 1    harassment, intimidation,  or  otherwise  confrontational  or
 2    inappropriate   behaviors   that   disrupt   the  educational
 3    atmosphere.
 4        (d)  In most schools, although  the  disruptive  students
 5    who  are  the  primary  cause  of  inappropriate  educational
 6    environments comprise a small percentage of the total student
 7    body,  they  nevertheless consume a substantial amount of the
 8    time and resources of teachers and school administrators  who
 9    are required to address and contain that disruptive behavior.
10        (e)  Disruptive  students  should  be allowed to attain a
11    public education, but typically derive  little  benefit  from
12    traditional  school programs and may benefit substantially by
13    being  transferred  from  their  current   school   into   an
14    alternative  public  school  program,  where their particular
15    needs may be more appropriately  and  individually  addressed
16    and  where  they may benefit from the opportunity for a fresh
17    start in a new educational environment.  At those alternative
18    school  programs,  innovative  academic  and   school-to-work
19    programs, including but not limited to the techniques of work
20    based  learning  and  technology  delivered  learning, can be
21    utilized to best help the students enrolled in those  schools
22    to become productive citizens.
23        (f)  Students need an appropriate, constructive classroom
24    atmosphere   in   order   to   benefit   from  the  teacher's
25    presentations.   Students   cannot   afford   the   classroom
26    disruptions  and  often  become  frustrated  and angry at the
27    inability of their teachers and schools to control disruptive
28    students.  As a result, they drop out of  school  too  often.
29    Furthermore,  even  if  these  students  stay  in  school and
30    graduate,  they  have  been  deprived  by  their   disruptive
31    classmates  of  the attention to their educational needs that
32    their  teachers  would  otherwise  have   provided,   thereby
33    diminishing   their   receiving   the  education  and  skills
34    necessary to secure good jobs and become  productive  members
                            -8-                LRB9203232NTsb
 1    of an increasingly competitive economic environment.
 2        (g)  Parents  of school children statewide have expressed
 3    their rising anger and concern at the failure of their  local
 4    public  schools to provide a safe and appropriate educational
 5    environment for their children and to deal appropriately with
 6    disruptive students, and the  General  Assembly  deems  their
 7    concerns to be understandable and justified.
 8        (h)  Every  school  district in the State shall do all it
 9    can to ensure a safe and appropriate educational  environment
10    for  all  of  its  students, and the first, but not the only,
11    step school districts must take to achieve that  goal  is  to
12    administratively   transfer   disruptive  students  from  the
13    schools they  currently  attend  to  the  alternative  school
14    programs  created  by  this  Article.   Those  administrative
15    transfers  will also provide optional educational programs to
16    best fit the needs of the transferred students.
17        (i)  Administrative transfers may prove  more  productive
18    for  dealing  with  disruptive  students  than  out-of-school
19    suspensions  or  expulsions,  which  have been the subject of
20    much criticism.
21        (j)  Because of the urgency of the problems described  in
22    this Section, as well as their statewide impact, the State of
23    Illinois bears the responsibility to establish and fully fund
24    alternative  schools  as  soon as possible, thereby providing
25    school districts with an option for dealing  with  disruptive
26    students that they do not now possess.
27        (k)  While   school   districts  shall  comply  with  all
28    applicable federal laws and regulations, they  should  do  so
29    consistent  with  the  goals  and  policies  stated  in  this
30    Article.   Further, this Article is intended to be consistent
31    with all applicable federal laws and regulations.
32        (l)  An alternative school program established under this
33    Article is subject to the other provisions of this Code  that
34    apply  generally  in  the public schools of this State and to
                            -9-                LRB9203232NTsb
 1    the  rules and regulations promulgated thereunder, except  as
 2    otherwise provided in this Article.
 3        (m)  The  provisions  of  the  Illinois Educational Labor
 4    Relations Act apply to those alternative school programs that
 5    are created on or after the effective date of this amendatory
 6    Act of 1995.
 7    (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

 8        (105 ILCS 5/13A-4)
 9        Sec. 13A-4.  Administrative transfers.  A student who  is
10    determined  to  be  subject to suspension or expulsion in the
11    manner provided by Section 10-22.6 (or,  in  the  case  of  a
12    student  enrolled  in the public schools of a school district
13    organized under Article 34, in accordance  with  the  uniform
14    system  of discipline established under Section 34-19) and is
15    in any of  grades  6  through  12  must  may  be  immediately
16    transferred to the alternative program, unless the student is
17    16  years  old  or  older,  in  which case the student may be
18    immediately transferred to the alternative program.   At  the
19    earliest  time  following that transfer appropriate personnel
20    from the sending school district and appropriate personnel of
21    the alternative program shall meet to develop an  alternative
22    education  plan  for  the  student.   The student's parent or
23    guardian shall be invited to this meeting.  The  student  may
24    be  invited.  The alternative educational plan shall include,
25    but not be limited to all of the following:
26             (1)  The duration of  the  plan,  including  a  date
27        after  which  the  student may be returned to the regular
28        educational  program  in  the  public  schools   of   the
29        transferring  district.   If  the parent or guardian of a
30        student who is scheduled to be returned  to  the  regular
31        education  program  in the public schools of the district
32        files  a  written  objection  to  the  return  with   the
33        principal  of the alternative school, the matter shall be
                            -10-               LRB9203232NTsb
 1        referred by the principal to the regional  superintendent
 2        of   the   educational   service   region  in  which  the
 3        alternative school program  is  located  for  a  hearing.
 4        Notice  of  the  hearing  shall  be given by the regional
 5        superintendent  to  the  student's  parent  or  guardian.
 6        After the hearing, the regional superintendent  may  take
 7        such  action  as  he  or she finds appropriate and in the
 8        best interests of the student.  The determination of  the
 9        regional superintendent shall be final.
10             (2)  The specific academic and behavioral components
11        of the plan.
12             (3)  A  method  and  time  frame  for  reviewing the
13        student's progress.
14    Notwithstanding any other provision of  this  Article,  if  a
15    student  for  whom  an individualized educational program has
16    been  developed  under  Article  14  is  transferred  to   an
17    alternative  school  program  under  this  Article  13A, that
18    individualized educational program shall continue to apply to
19    that  student  following  the  transfer  unless  modified  in
20    accordance with the provisions of Article 14.
21    (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

22        (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
23        Sec. 34-19.  By-laws,  rules  and  regulations;  business
24    transacted  at  regular  meetings; voting; records. The board
25    shall, subject to the limitations in this Article,  establish
26    by-laws, rules and regulations, which shall have the force of
27    ordinances, for the proper maintenance of a uniform system of
28    discipline  for both employees and pupils, and for the entire
29    management of the schools, and may  fix  the  school  age  of
30    pupils,  the  minimum  of which in kindergartens shall not be
31    under 4 years and in grade  schools  shall  not  be  under  6
32    years.  It  may expel, suspend or, subject to the limitations
33    of all policies established or adopted under Section 14-8.05,
                            -11-               LRB9203232NTsb
 1    otherwise  discipline  any  pupil  found  guilty   of   gross
 2    disobedience,  misconduct  or other violation of the by-laws,
 3    rules and regulations. A student who is subject to suspension
 4    or expulsion and is in any of grades 6 through  12  shall  be
 5    transferred  to  an  alternative school program in accordance
 6    with Article 13A of this Code, unless the student is 16 years
 7    of age or older, in which case the student  may  be  eligible
 8    for a transfer to an alternative school program.  The bylaws,
 9    rules  and  regulations  of the board shall be enacted, money
10    shall be appropriated or expended, salaries shall be fixed or
11    changed, and textbooks and courses of  instruction  shall  be
12    adopted  or changed only at the regular meetings of the board
13    and by a vote of a majority of the  full  membership  of  the
14    board;  provided  that notwithstanding any other provision of
15    this Article or the School Code, neither  the  board  or  any
16    local school council may purchase any textbook for use in any
17    public  school  of  the  district from any textbook publisher
18    that fails to furnish  any  computer  diskettes  as  required
19    under Section 28-21. The board shall be further encouraged to
20    provide opportunities for public hearing and testimony before
21    the  adoption  of  bylaws,  rules  and  regulations. Upon all
22    propositions requiring for their adoption at least a majority
23    of all the members of the board the yeas and  nays  shall  be
24    taken and reported. The by-laws, rules and regulations of the
25    board shall not be repealed, amended or added to, except by a
26    vote  of  2/3  of the full membership of the board. The board
27    shall keep a record of all its proceedings.  Such records and
28    all by-laws, rules and regulations, or parts thereof, may  be
29    proved  by  a  copy  thereof  certified  to  be  such  by the
30    secretary of the board, but if they are printed  in  book  or
31    pamphlet   form  which  are  purported  to  be  published  by
32    authority of the board they need not be  otherwise  published
33    and  the  book  or  pamphlet  shall  be received as evidence,
34    without further proof, of the  records,  by-laws,  rules  and
                            -12-               LRB9203232NTsb
 1    regulations,  or any part thereof, as of the dates thereof as
 2    shown in such book or pamphlet,  in  all  courts  and  places
 3    where judicial proceedings are had.
 4        Notwithstanding any other provision in this Article or in
 5    the  School  Code,  the  board  may  delegate  to the general
 6    superintendent or to the attorney the authorities granted  to
 7    the  board  in  the School Code, provided such delegation and
 8    appropriate oversight procedures are made pursuant  to  board
 9    by-laws,  rules  and regulations, adopted as herein provided,
10    except that the board may not delegate  its  authorities  and
11    responsibilities  regarding  (1) budget approval obligations;
12    (2) rule-making functions; (3) desegregation obligations; (4)
13    real estate acquisition, sale or lease in excess of 10  years
14    as  provided  in Section 34-21; (5) the levy of taxes; or (6)
15    any mandates imposed upon the board by "An Act in relation to
16    school reform in cities over 500,000,  amending  Acts  herein
17    named", approved December 12, 1988 (P.A. 85-1418).
18    (Source: P.A. 88-45; 89-15, eff. 5-30-95.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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