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1 | AN ACT concerning schools.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | ||||||||||||||||||||||||||||||
5 | 2-3.134 and changing
Sections 10-22.6 and 34-19 as follows:
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6 | (105 ILCS 5/2-3.134 new)
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7 | Sec. 2-3.134. Community-based education programs; | ||||||||||||||||||||||||||||||
8 | suspended
students. The State Board of Education shall issue | ||||||||||||||||||||||||||||||
9 | vendor numbers to
community-based education programs that the | ||||||||||||||||||||||||||||||
10 | State Board of Education
has approved to educate students that | ||||||||||||||||||||||||||||||
11 | have been suspended from public
school. The State Board of | ||||||||||||||||||||||||||||||
12 | Education may adopt any rules necessary to
implement this | ||||||||||||||||||||||||||||||
13 | Section.
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14 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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15 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||||||||||||||||||||||||||
16 | searches.
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17 | (a) To expel pupils guilty of gross disobedience or | ||||||||||||||||||||||||||||||
18 | misconduct, and
no action shall lie against them for such | ||||||||||||||||||||||||||||||
19 | expulsion. Expulsion shall
take place only after the parents | ||||||||||||||||||||||||||||||
20 | have been requested to appear at a
meeting of the board, or | ||||||||||||||||||||||||||||||
21 | with a hearing officer appointed by it, to
discuss their | ||||||||||||||||||||||||||||||
22 | child's behavior. Such request shall be made by registered
or | ||||||||||||||||||||||||||||||
23 | certified mail and shall state the time, place and purpose of | ||||||||||||||||||||||||||||||
24 | the
meeting. The board, or a hearing officer appointed by it, | ||||||||||||||||||||||||||||||
25 | at such
meeting shall state the reasons for dismissal and the | ||||||||||||||||||||||||||||||
26 | date on which the
expulsion is to become effective. If a | ||||||||||||||||||||||||||||||
27 | hearing officer is appointed by
the board he shall report to | ||||||||||||||||||||||||||||||
28 | the board a written summary of the evidence
heard at the | ||||||||||||||||||||||||||||||
29 | meeting and the board may take such action thereon as it
finds | ||||||||||||||||||||||||||||||
30 | appropriate.
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31 | (b) To suspend or by regulation to authorize the |
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1 | superintendent of
the district or the principal, assistant | ||||||
2 | principal, or dean of students
of any school to suspend pupils | ||||||
3 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
4 | pupils guilty of gross disobedience or misconduct on the school | ||||||
5 | bus
from riding the school bus, and no action
shall lie against | ||||||
6 | them for such suspension. The board may by regulation
authorize | ||||||
7 | the superintendent of the district or the principal, assistant
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8 | principal, or dean of students of any
school to suspend pupils | ||||||
9 | guilty of such acts for a period not to exceed
10 school days. | ||||||
10 | If a pupil is suspended due to gross disobedience or misconduct
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11 | on a school bus, the board may suspend the pupil in excess of | ||||||
12 | 10
school
days for safety reasons. Any suspension shall be | ||||||
13 | reported immediately to the
parents or guardian of such pupil | ||||||
14 | along with a full statement of the
reasons for such suspension | ||||||
15 | and a notice of their right to a review, a
copy of which shall | ||||||
16 | be given to the school board. Upon request of the
parents or | ||||||
17 | guardian the school board or a hearing officer appointed by
it | ||||||
18 | shall review such action of the superintendent or principal, | ||||||
19 | assistant
principal, or dean of students. At such
review the | ||||||
20 | parents or guardian of the pupil may appear and discuss the
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21 | suspension with the board or its hearing officer. If a hearing | ||||||
22 | officer
is appointed by the board he shall report to the board | ||||||
23 | a written summary
of the evidence heard at the meeting. After | ||||||
24 | its hearing or upon receipt
of the written report of its | ||||||
25 | hearing officer, the board may take such
action as it finds | ||||||
26 | appropriate.
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27 | (c) The Department of Human Services
shall be invited to | ||||||
28 | send a representative to consult with the board at
such meeting | ||||||
29 | whenever there is evidence that mental illness may be the
cause | ||||||
30 | for expulsion or suspension.
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31 | (d) The board may expel a student for a definite period of | ||||||
32 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
33 | case basis.
A student who
is determined to have brought a | ||||||
34 | weapon to school, any school-sponsored activity
or event, or
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35 | any activity or event which bears a reasonable relationship to | ||||||
36 | school shall
be expelled for a period of not less than
one |
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1 | year, except that the expulsion period may be modified by the
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2 | superintendent, and the superintendent's determination may be | ||||||
3 | modified by
the board
on a case by case basis. For the purpose | ||||||
4 | of this Section, the term "weapon"
means (1)
possession,
use, | ||||||
5 | control, or transfer of any gun, rifle, shotgun, weapon as
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6 | defined by Section 921 of Title 18, United States Code, firearm | ||||||
7 | as
defined in Section 1.1 of the Firearm Owners Identification | ||||||
8 | Act, or use of
a weapon as defined in Section 24-1 of the | ||||||
9 | Criminal Code, (2) any other
object if used or attempted to be | ||||||
10 | used to cause bodily harm, including but not
limited to, | ||||||
11 | knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | ||||||
12 | any weapon as defined in this
Section. Expulsion
or suspension
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13 | shall be construed in a
manner consistent with the Federal | ||||||
14 | Individuals with Disabilities Education
Act. A student who is | ||||||
15 | subject to suspension or expulsion as provided in this
Section | ||||||
16 | may be eligible for a transfer to an alternative school program | ||||||
17 | in
accordance with Article 13A of the School Code. The | ||||||
18 | provisions of this
subsection (d) apply in all school | ||||||
19 | districts,
including special charter districts and districts | ||||||
20 | organized under Article 34.
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21 | (e) To maintain order and security in the schools, school | ||||||
22 | authorities may
inspect and search places and areas such as | ||||||
23 | lockers, desks, parking lots, and
other school property and | ||||||
24 | equipment owned or controlled by the school, as well
as | ||||||
25 | personal effects left in those places and areas by students, | ||||||
26 | without notice
to or the consent of the student, and without a | ||||||
27 | search warrant. As a matter of
public policy, the General | ||||||
28 | Assembly finds that students have no reasonable
expectation of | ||||||
29 | privacy in these places and areas or in their personal effects
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30 | left in these places and areas. School authorities may request | ||||||
31 | the assistance
of law enforcement officials for the purpose of | ||||||
32 | conducting inspections and
searches of lockers, desks, parking | ||||||
33 | lots, and other school property and
equipment owned or | ||||||
34 | controlled by the school for illegal drugs, weapons, or
other
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35 | illegal or dangerous substances or materials, including | ||||||
36 | searches conducted
through the use of specially trained dogs. |
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1 | If a search conducted in accordance
with this Section produces | ||||||
2 | evidence that the student has violated or is
violating either | ||||||
3 | the law, local ordinance, or the school's policies or rules,
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4 | such evidence may be seized by school authorities, and | ||||||
5 | disciplinary action may
be taken. School authorities may also | ||||||
6 | turn over such evidence to law
enforcement authorities. The | ||||||
7 | provisions of this subsection (e) apply in all
school | ||||||
8 | districts, including special charter districts and districts | ||||||
9 | organized
under Article 34.
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10 | (f) Suspension or expulsion may include suspension or | ||||||
11 | expulsion from
school and all school activities and a | ||||||
12 | prohibition from being present on school
grounds.
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13 | (g) A school district may adopt a policy providing that if | ||||||
14 | a student
is suspended or expelled for any reason from any | ||||||
15 | public or private school
in this or any other state, the | ||||||
16 | student must complete the entire term of
the suspension or | ||||||
17 | expulsion before being admitted into the school
district. This | ||||||
18 | policy may allow placement of the student in an alternative
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19 | school program established under Article 13A of this Code, if | ||||||
20 | available, for
the
remainder of the suspension or expulsion. | ||||||
21 | This subsection (g) applies to
all school districts, including | ||||||
22 | special charter districts and districts
organized under | ||||||
23 | Article 34 of this Code.
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24 | (h) If a pupil is suspended for one or more school days, | ||||||
25 | then, for that
period of suspension, the pupil's
parent or | ||||||
26 | guardian may place the pupil in a community-based
education | ||||||
27 | program approved by the State Board of Education under Section
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28 | 2-3.134 of this Code and the school
district must pay the | ||||||
29 | community-based education program an amount
equal to one-half | ||||||
30 | of the amount the school spends per pupil per day for each
day
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31 | that the pupil is suspended and attends the program.
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32 | (Source: P.A. 92-64, eff. 7-12-01.)
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33 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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34 | Sec. 34-19. By-laws, rules and regulations; business | ||||||
35 | transacted at
regular meetings; voting; records. The board |
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1 | shall, subject to the limitations
in this Article, establish | ||||||
2 | by-laws, rules and regulations, which shall have the
force of | ||||||
3 | ordinances, for the proper maintenance of a uniform system of
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4 | discipline for both employees and pupils, and for the entire | ||||||
5 | management of the
schools, and may fix the school age of | ||||||
6 | pupils, the minimum of which in
kindergartens shall not be | ||||||
7 | under 4 years and in grade schools shall not be
under 6 years. | ||||||
8 | It may expel, suspend or, subject to the limitations of all
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9 | policies established or adopted under Section 14-8.05, | ||||||
10 | otherwise discipline any
pupil found guilty of gross | ||||||
11 | disobedience, misconduct or other violation of the
by-laws, | ||||||
12 | rules and regulations.
If a pupil is suspended for one or more | ||||||
13 | school days, then, for that period of
suspension, the pupil's | ||||||
14 | parent or
guardian may place the pupil in a community-based | ||||||
15 | education
program approved by the State Board of Education | ||||||
16 | under Section 2-3.134 of this
Code and the school district must
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17 | pay the community-based education program an amount equal to | ||||||
18 | one-half of the
amount the school spends per pupil per day for | ||||||
19 | each day that the pupil
is suspended and attends the program.
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20 | The bylaws, rules and regulations of the board
shall be | ||||||
21 | enacted, money shall be appropriated or expended, salaries | ||||||
22 | shall be
fixed or changed, and textbooks and courses of | ||||||
23 | instruction shall be adopted or
changed only at the regular | ||||||
24 | meetings of the board and by a vote of a
majority of the full | ||||||
25 | membership of the board; provided that
notwithstanding any | ||||||
26 | other provision of this Article or the School Code,
neither the | ||||||
27 | board or any local school council may purchase any textbook for | ||||||
28 | use
in any public school of the
district from any textbook | ||||||
29 | publisher that fails to furnish any computer
diskettes as | ||||||
30 | required under Section 28-21. The board shall be further
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31 | encouraged to provide opportunities for public hearing and | ||||||
32 | testimony before
the adoption of bylaws, rules and regulations. | ||||||
33 | Upon all propositions
requiring for their adoption at least a | ||||||
34 | majority of all the members of the
board the yeas and nays | ||||||
35 | shall be taken and reported. The by-laws, rules and
regulations | ||||||
36 | of the board shall not be repealed, amended or added to, except
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1 | by a vote of 2/3 of the full membership of the board. The board | ||||||
2 | shall keep
a record of all its proceedings. Such records and | ||||||
3 | all
by-laws, rules and regulations, or parts thereof, may be | ||||||
4 | proved by a copy
thereof certified to be such by the secretary | ||||||
5 | of the board, but if they are
printed in book or pamphlet form | ||||||
6 | which are purported to be published by
authority of the board | ||||||
7 | they need not be otherwise published and the book or
pamphlet | ||||||
8 | shall be received as evidence, without further proof, of the
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9 | records, by-laws, rules and regulations, or any part thereof, | ||||||
10 | as of the
dates thereof as shown in such book or pamphlet, in | ||||||
11 | all courts and places
where judicial proceedings are had.
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12 | Notwithstanding any other provision in this Article or in | ||||||
13 | the School
Code, the board may delegate to the general | ||||||
14 | superintendent or to the
attorney the authorities granted to | ||||||
15 | the board in the School Code, provided
such delegation and | ||||||
16 | appropriate oversight procedures are made pursuant to
board | ||||||
17 | by-laws, rules and regulations, adopted as herein provided, | ||||||
18 | except that
the board may not delegate its authorities and | ||||||
19 | responsibilities regarding (1)
budget approval obligations; | ||||||
20 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
21 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
22 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
23 | mandates
imposed upon the board by "An Act in relation to | ||||||
24 | school reform in cities over
500,000, amending Acts herein | ||||||
25 | named", approved December 12, 1988 (P.A.
85-1418).
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26 | (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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27 | Section 90. The State Mandates Act is amended by adding | ||||||
28 | Section 8.28 as
follows:
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29 | (30 ILCS 805/8.28 new)
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30 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and | ||||||
31 | 8 of this
Act, no reimbursement by the State is required for | ||||||
32 | the implementation of
any mandate created by this amendatory | ||||||
33 | Act of the 93rd General Assembly.
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1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2004. |