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92_SB0211 LRB9203232NTsb 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
mayapprove 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 maybe transferred eligible14 for a transferto an alternative school program in accordance 15 with Article 13A of this the SchoolCode, 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 maybe 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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