Rep. William Davis

Filed: 4/7/2014

 

 


 

 


 
09800HB4655ham002LRB098 17234 NHT 58345 a

1
AMENDMENT TO HOUSE BILL 4655

2    AMENDMENT NO. ______. Amend House Bill 4655, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
610-20.14, 10-22.6, 13A-11, 27A-5, and 34-19 as follows:
 
7    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
8    Sec. 10-20.14. Student discipline policies; Parent-teacher
9advisory committee.
10    (a) To establish and maintain a parent-teacher advisory
11committee to develop with the school board or governing body of
12all elementary and secondary schools, charter schools, special
13charter districts, and alternative schools organized under
14Article 13A of this Code policy guidelines on pupil discipline,
15including school searches and bullying prevention as set forth
16in Section 27-23.7 of this Code. The committee shall , to

 

 

09800HB4655ham002- 2 -LRB098 17234 NHT 58345 a

1furnish a copy of the policy to the parents or guardian of each
2pupil within 15 days after the beginning of the school year, or
3within 15 days after starting classes for a pupil who transfers
4into the district during the school year, and the school board
5shall to require that each school inform informs its pupils of
6the contents of the its policy. School boards, along with the
7parent-teacher advisory committee, must are encouraged to
8annually review their pupil discipline policies, the
9implementation of those policies, and any other factors related
10to the safety of their schools, pupils, and staff.
11    (a-5) On or before January 1, 2015, the student discipline
12policy of each elementary and secondary school, charter school,
13special charter district, and alternative school organized
14under Article 13A of this Code, shall, at a minimum, create
15pupil discipline policies that fulfill the requirements set
16forth in this Section, subsections (a) and (b) of Section
1710-22.6 of this Code, Section 34-19 of this Code, and federal
18and State laws that provide special requirements for the
19discipline of students with disabilities.
20    (b) The parent-teacher advisory committee in cooperation
21with local law enforcement agencies shall develop, with the
22school board, policy guideline procedures to establish and
23maintain a reciprocal reporting system between the school
24district and local law enforcement agencies regarding criminal
25offenses committed by students. School districts are
26encouraged to create memoranda of understanding with local law

 

 

09800HB4655ham002- 3 -LRB098 17234 NHT 58345 a

1enforcement agencies that clearly define law enforcement's
2role in schools, in accordance with Section 10-22.6 of this
3Code.
4    (c) The parent-teacher advisory committee, in cooperation
5with school bus personnel, shall develop, with the school
6board, policy guideline procedures to establish and maintain
7school bus safety procedures. These procedures shall be
8incorporated into the district's pupil discipline policy.
9    (d) The school board, in consultation with the
10parent-teacher advisory committee and other community-based
11organizations, must include provisions in the student
12discipline policy to address students who have demonstrated
13behaviors that put them at risk for aggressive behavior,
14including without limitation bullying, as defined in the
15policy. These provisions must include procedures for notifying
16parents or legal guardians and early intervention procedures
17based upon available community-based and district resources.
18(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
 
19    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
20    Sec. 10-22.6. Suspension or expulsion of pupils; school
21searches.
22    (a) To expel pupils guilty of gross disobedience or
23misconduct, including gross disobedience or misconduct
24perpetuated by electronic means, and no action shall lie
25against them for such expulsion. Expulsion shall take place

 

 

09800HB4655ham002- 4 -LRB098 17234 NHT 58345 a

1only after the parents have been requested to appear at a
2meeting of the board, or with a hearing officer appointed by
3it, to discuss their child's behavior. Such request shall be
4made by registered or certified mail and shall state the time,
5place and purpose of the meeting. The board, or a hearing
6officer appointed by it, at such meeting shall state the
7reasons for dismissal and the date on which the expulsion is to
8become effective. If a hearing officer is appointed by the
9board he shall report to the board a written summary of the
10evidence heard at the meeting and the board may take such
11action thereon as it finds appropriate. If the board orders the
12expulsion of a pupil, the written expulsion order shall detail
13the specific reasons why removing the pupil from the learning
14environment is in the best interest of the school. The
15expulsion order shall also include a rationale as to the
16specific duration of the expulsion. An expelled pupil may be
17immediately transferred to an alternative program in the manner
18provided in Article 13A or 13B of this Code. A pupil must not
19be denied transfer because of the expulsion, except in cases in
20which such transfer is deemed to cause a threat to the safety
21of students or staff in the alternative program.
22    (b) To suspend or by policy to authorize the superintendent
23of the district or the principal, assistant principal, or dean
24of students of any school to suspend pupils guilty of gross
25disobedience or misconduct, or to suspend pupils guilty of
26gross disobedience or misconduct on the school bus from riding

 

 

09800HB4655ham002- 5 -LRB098 17234 NHT 58345 a

1the school bus, and no action shall lie against them for such
2suspensions suspension. The board may by policy authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend pupils
5guilty of such acts for a period not to exceed 10 school days.
6If a student is suspended from the school bus but does not have
7alternative transportation to school, then the school shall
8provide the student with educational services for the duration
9of the suspension. These services shall include, at a minimum,
10that the student be provided a full opportunity to earn
11equivalent academic credit during the suspension period. The
12student shall receive daily classwork and assignments from each
13teacher, the student must be allowed to make up assignments and
14earn equivalent credits, and the student's work must be
15reviewed and graded, without penalty, by his or her teachers on
16a weekly basis and returned to him or her. The student's school
17shall designate a school staff person to serve as the liaison
18between the student and all relevant teachers and to ensure
19that these requirements are met. If a pupil is suspended due to
20gross disobedience or misconduct on a school bus, the board may
21suspend the pupil in excess of 10 school days for safety
22reasons. Any suspension shall be reported immediately to the
23parents or guardian of a such pupil along with a full statement
24of the reasons for such suspension and a notice of their right
25to a review. The school board must be given a summary of the
26notice, including the reason for the suspension and the

 

 

09800HB4655ham002- 6 -LRB098 17234 NHT 58345 a

1suspension length. Upon request of the parents or guardian the
2school board or a hearing officer appointed by it shall review
3such action of the superintendent or principal, assistant
4principal, or dean of students. At such review the parents or
5guardian of the pupil may appear and discuss the suspension
6with the board or its hearing officer. If a hearing officer is
7appointed by the board he shall report to the board a written
8summary of the evidence heard at the meeting. After its hearing
9or upon receipt of the written report of its hearing officer,
10the board may take such action as it finds appropriate. If a
11student is suspended pursuant to this subsection (b), the
12authorized administrator or board shall, in the written
13suspension order, detail the specific reasons why removing the
14pupil from the learning environment is in the best interest of
15the school. The suspension order shall also include rationale
16as to the specific duration of the suspension. A pupil who is
17suspended in excess of 20 school days may be immediately
18transferred to an alternative program in the manner provided in
19Article 13A or 13B of this Code. A pupil must not be denied
20transfer because of the suspension, except in cases in which
21such transfer is deemed to cause a threat to the safety of
22students or staff in the alternative program.
23    (b-5) Among the many possible disciplinary interventions
24and consequences available to school officials, school
25exclusions, such as out-of-school suspensions and expulsions,
26are the most serious. School officials shall limit the number

 

 

09800HB4655ham002- 7 -LRB098 17234 NHT 58345 a

1and duration of expulsions and suspensions to the greatest
2extent practicable and are recommended to use them only for
3legitimate educational purposes and not as punishment.
4    (b-10) Unless otherwise required by federal law or this
5Code, school boards may not institute zero-tolerance policies
6by which school administrators are required to suspend or expel
7students for particular behaviors, regardless of the gravity of
8behavior, mitigating circumstances, or the situational
9context.
10    (b-15) Out-of-school suspensions of 3 days or less may only
11be used if the student's continuing presence in school would
12pose a threat to school safety or a disruption to other
13students' learning opportunities. For purposes of this
14subsection (b-15), "threat to school safety or a disruption to
15other students' learning opportunities" shall be determined on
16a case-by-case basis by the school board or its designee.
17School officials shall make all reasonable efforts to resolve
18such threats and minimize the length of suspensions to the
19greatest extent practicable.
20    (b-20) Unless otherwise required by this Code,
21out-of-school suspensions of longer than 3 days may only be
22used if the student has committed an act of gross disobedience
23or misconduct, the student's continuing presence in school
24would pose an ongoing threat to the physical safety of other
25students or staff, and other appropriate behavioral and
26disciplinary interventions have been exhausted. For purposes

 

 

09800HB4655ham002- 8 -LRB098 17234 NHT 58345 a

1of this subsection (b-20), "ongoing threat to the physical
2safety of other students or staff" shall be determined on a
3case-by-case basis by the school board or its designee. School
4officials shall make all reasonable efforts to resolve such
5threats and minimize the length of student exclusions to the
6greatest extent practicable. For purposes of this subsection
7(b-20), the determination of whether "appropriate behavioral
8and disciplinary interventions have been exhausted" shall be
9made by the school board or its designee. Within the suspension
10order described in subsection (b) of this Section, it shall be
11documented whether other interventions were attempted or
12whether it was determined that there were no other appropriate
13interventions.
14    (b-25) Unless otherwise required by this Code, expulsions
15and disciplinary removals to alternative schools may only be
16used if the student has committed an act of gross disobedience
17or misconduct; the act involved the distribution of illegal
18drugs or controlled substances to other students, weapons, or
19other destructive devices, sexual assault, or the use of
20physical violence against another student or staff member that
21resulted in physical injury to that person, or knowingly
22putting another student or staff member at risk of serious
23bodily injury or death; the student's continuing presence in
24school would pose an ongoing threat to the physical safety of
25other students or staff; and other appropriate behavioral and
26disciplinary interventions have been exhausted. For purposes

 

 

09800HB4655ham002- 9 -LRB098 17234 NHT 58345 a

1of this subsection (b-25), "ongoing threat to the physical
2safety of other students or staff" shall be determined on a
3case-by-case basis by the school board or its designee. School
4officials shall make all reasonable efforts to resolve such
5threats and minimize the length of student exclusions to the
6greatest extent practicable. For purposes of this subsection
7(b-25), the determination of whether "appropriate behavioral
8and disciplinary interventions have been exhausted" shall be
9made by the school board or its designee. Within the expulsion
10order described in subsection (a) of this Section, it shall be
11documented whether other interventions were attempted or
12whether it was determined that there were no other appropriate
13interventions.
14    (b-30) Students who are suspended out-of-school for longer
15than 3 days, expelled, or removed to an alternative setting for
16disciplinary reasons shall be provided appropriate behavioral
17support services that the school district has available. For
18purposes of this subsection (b-30), the determination of
19whether "appropriate behavioral support services" will be
20provided shall be made by the school board or its designee.
21Within the suspension order described in subsection (b) of this
22Section, it shall be documented whether such services will be
23provided or whether it was determined that there are no such
24appropriate services.
25    (b-35) Students who are suspended or expelled and have not
26been admitted to another school shall continue to be provided

 

 

09800HB4655ham002- 10 -LRB098 17234 NHT 58345 a

1educational services to promote their successful return to
2their regular school. These services shall include, at a
3minimum, that each suspended or expelled student be provided a
4full opportunity to earn equivalent academic credit during the
5suspension or expulsion period. Suspended or expelled students
6not placed in an alternative education program shall receive
7daily classwork and assignments from each teacher and shall be
8allowed to make up assignments and earn equivalent credits, and
9their work shall be reviewed and graded, without penalty, by
10their teachers on a weekly basis and returned to them. The
11suspended or expelled student's school shall designate a school
12staff person to serve as the liaison between the student and
13all relevant teachers and ensure that these requirements are
14met.
15    (c) The Department of Human Services shall be invited to
16send a representative to consult with the board at such meeting
17whenever there is evidence that mental illness may be the cause
18for expulsion or suspension.
19    (c-5) School districts shall make all reasonable efforts to
20provide professional development to teachers, administrators,
21school board members, school resource officers, and staff on
22the adverse consequences of school exclusion and
23justice-system involvement, effective classroom management
24strategies, culturally responsive discipline, and
25developmentally appropriate disciplinary methods that promote
26positive and healthy school climates.

 

 

09800HB4655ham002- 11 -LRB098 17234 NHT 58345 a

1    (d) The board may expel a student for a definite period of
2time not to exceed 2 calendar years, as determined on a case by
3case basis. A student who is determined to have brought one of
4the following objects to school, any school-sponsored activity
5or event, or any activity or event that bears a reasonable
6relationship to school shall be expelled for a period of not
7less than one year:
8        (1) A firearm. For the purposes of this Section,
9    "firearm" means any gun, rifle, shotgun, weapon as defined
10    by Section 921 of Title 18 of the United States Code,
11    firearm as defined in Section 1.1 of the Firearm Owners
12    Identification Card Act, or firearm as defined in Section
13    24-1 of the Criminal Code of 2012. The expulsion period
14    under this subdivision (1) may be modified by the
15    superintendent, and the superintendent's determination may
16    be modified by the board on a case-by-case basis.
17        (2) A knife, brass knuckles or other knuckle weapon
18    regardless of its composition, a billy club, or any other
19    object if used or attempted to be used to cause bodily
20    harm, including "look alikes" of any firearm as defined in
21    subdivision (1) of this subsection (d). The expulsion
22    requirement under this subdivision (2) may be modified by
23    the superintendent, and the superintendent's determination
24    may be modified by the board on a case-by-case basis.
25Expulsion or suspension shall be construed in a manner
26consistent with the Federal Individuals with Disabilities

 

 

09800HB4655ham002- 12 -LRB098 17234 NHT 58345 a

1Education Act. A student who is subject to suspension or
2expulsion as provided in this Section may be eligible for a
3transfer to an alternative school program in accordance with
4Article 13A of the School Code. The provisions of this
5subsection (d) apply in all school districts, including special
6charter districts and districts organized under Article 34.
7    (d-5) The board may suspend or by regulation authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend a
10student for a period not to exceed 10 school days or may expel
11a student for a definite period of time not to exceed 2
12calendar years, as determined on a case by case basis, if (i)
13that student has been determined to have made an explicit
14threat on an Internet website against a school employee, a
15student, or any school-related personnel, (ii) the Internet
16website through which the threat was made is a site that was
17accessible within the school at the time the threat was made or
18was available to third parties who worked or studied within the
19school grounds at the time the threat was made, and (iii) the
20threat could be reasonably interpreted as threatening to the
21safety and security of the threatened individual because of his
22or her duties or employment status or status as a student
23inside the school. The provisions of this subsection (d-5)
24apply in all school districts, including special charter
25districts and districts organized under Article 34 of this
26Code.

 

 

09800HB4655ham002- 13 -LRB098 17234 NHT 58345 a

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

 

 

09800HB4655ham002- 14 -LRB098 17234 NHT 58345 a

1expulsion from school and all school activities and a
2prohibition from being present on school grounds.
3    (g) A school district may adopt a policy providing that if
4a student is suspended or expelled for any reason from any
5public or private school in this or any other state, the
6student must complete the entire term of the suspension or
7expulsion in an alternative school program under Article 13A of
8this Code or an alternative learning opportunities program
9under Article 13B of this Code before being admitted into the
10school district if there is no threat to the safety of students
11or staff in the alternative program. This subsection (g)
12applies to all school districts, including special charter
13districts and districts organized under Article 34 of this
14Code.
15    (h) All incidents resulting in an out-of-school suspension
16longer than 3 days, expulsion, removal to an alternative
17setting, school-based arrest, or school-based criminal
18citation shall be documented in a written report that includes
19a detailed description of the behavior at issue and an
20explanation of why the actions taken were necessary. These
21individual reports shall be immediately provided to the parent
22or guardian of the student and shall be compiled by each school
23district into an annual summary report that is available for
24public review. The annual report shall not include any
25information that would violate either requirements of the
26Illinois School Student Records Act or federal law or allow for

 

 

09800HB4655ham002- 15 -LRB098 17234 NHT 58345 a

1an individual student to be identified.
2    (i) School officials shall not advise or encourage students
3to disenroll from school voluntarily due to behavioral or
4academic difficulties.
5    (j) A student may not be issued a monetary fine or fee as a
6disciplinary consequence.
7    (k) Subsections (a) through (j) of this Section shall apply
8to each elementary and secondary school, charter school,
9special charter district, and alternative school organized
10under Article 13A of this Code and school districts organized
11under Article 34 of this Code.
12(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1397-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1497-1150, eff. 1-25-13.)
 
15    (105 ILCS 5/13A-11)
16    Sec. 13A-11. Chicago public schools.
17    (a) The Chicago Board of Education may establish
18alternative schools within Chicago and may contract with third
19parties for services otherwise performed by employees,
20including those in a bargaining unit, in accordance with
21Sections 34-8.1, 34-18, and 34-49.
22    (b) Alternative schools operated by third parties within
23Chicago shall be exempt from all provisions of this the School
24Code, except provisions concerning:
25        (1) student Student civil rights;

 

 

09800HB4655ham002- 16 -LRB098 17234 NHT 58345 a

1        (2) staff Staff civil rights;
2        (3) health Health and safety;
3        (4) performance Performance and financial audits;
4        (5) the The Illinois Goals Assessment Program;
5        (6) Chicago learning outcomes;
6        (7) Sections 2-3.25a through 2-3.25j of this the School
7    Code;
8        (8) the The Inspector General; and
9        (9) Section 34-2.4b of this the School Code; and .
10        (10) the discipline of students under Sections 10-22.6
11    and 34-19 of this Code.
12(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
 
13    (105 ILCS 5/27A-5)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. Beginning
23on the effective date of this amendatory Act of the 93rd
24General Assembly, in all new applications submitted to the
25State Board or a local school board to establish a charter

 

 

09800HB4655ham002- 17 -LRB098 17234 NHT 58345 a

1school in a city having a population exceeding 500,000,
2operation of the charter school shall be limited to one campus.
3The changes made to this Section by this amendatory Act of the
493rd General Assembly do not apply to charter schools existing
5or approved on or before the effective date of this amendatory
6Act.
7    (b-5) In this subsection (b-5), "virtual-schooling" means
8the teaching of courses through online methods with online
9instructors, rather than the instructor and student being at
10the same physical location. "Virtual-schooling" includes
11without limitation instruction provided by full-time, online
12virtual schools.
13    From April 1, 2013 through April 1, 2014, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    On or before March 1, 2014, the Commission shall submit to
23the General Assembly a report on the effect of
24virtual-schooling, including without limitation the effect on
25student performance, the costs associated with
26virtual-schooling, and issues with oversight. The report shall

 

 

09800HB4655ham002- 18 -LRB098 17234 NHT 58345 a

1include policy recommendations for virtual-schooling.
2    (c) A charter school shall be administered and governed by
3its board of directors or other governing body in the manner
4provided in its charter. The governing body of a charter school
5shall be subject to the Freedom of Information Act and the Open
6Meetings Act.
7    (d) A charter school shall comply with all applicable
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois.
10    (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14    (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. Annually, by December 1, every charter school must
20submit to the State Board a copy of its audit and a copy of the
21Form 990 the charter school filed that year with the federal
22Internal Revenue Service.
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act, and
25its charter. A charter school is exempt from all other State
26laws and regulations in this the School Code governing public

 

 

09800HB4655ham002- 19 -LRB098 17234 NHT 58345 a

1schools and local school board policies, except the following:
2        (1) Sections 10-21.9 and 34-18.5 of this the School
3    Code regarding criminal history records checks and checks
4    of the Statewide Sex Offender Database and Statewide
5    Murderer and Violent Offender Against Youth Database of
6    applicants for employment;
7        (2) Sections 10-22.6, 24-24, 34-19, and 34-84A of this
8    the School Code regarding discipline of students;
9        (3) the The Local Governmental and Governmental
10    Employees Tort Immunity Act;
11        (4) Section 108.75 of the General Not For Profit
12    Corporation Act of 1986 regarding indemnification of
13    officers, directors, employees, and agents;
14        (5) the The Abused and Neglected Child Reporting Act;
15        (6) the The Illinois School Student Records Act;
16        (7) Section 10-17a of this the School Code regarding
17    school report cards; and
18        (8) the The P-20 Longitudinal Education Data System
19    Act.
20    The change made by Public Act 96-104 to this subsection (g)
21is declaratory of existing law.
22    (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

 

 

09800HB4655ham002- 20 -LRB098 17234 NHT 58345 a

1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required to
5perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after the
7effective date of this amendatory Act of the 93rd General
8Assembly and that operates in a city having a population
9exceeding 500,000 may not contract with a for-profit entity to
10manage or operate the school during the period that commences
11on the effective date of this amendatory Act of the 93rd
12General Assembly and concludes at the end of the 2004-2005
13school year. Except as provided in subsection (i) of this
14Section, a school district may charge a charter school
15reasonable rent for the use of the district's buildings,
16grounds, and facilities. Any services for which a charter
17school contracts with a school district shall be provided by
18the district at cost. Any services for which a charter school
19contracts with a local school board or with the governing body
20of a State college or university or public community college
21shall be provided by the public entity at cost.
22    (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other

 

 

09800HB4655ham002- 21 -LRB098 17234 NHT 58345 a

1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be subject
3to negotiation between the charter school and the local school
4board and shall be set forth in the charter.
5    (j) A charter school may limit student enrollment by age or
6grade level.
7    (k) If the charter school is approved by the Commission,
8then the Commission charter school is its own local education
9agency.
10(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1197-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
12    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
13    Sec. 34-19. By-laws, rules and regulations; business
14transacted at regular meetings; voting; records. The board
15shall, subject to the limitations in this Article, establish
16by-laws, rules and regulations, which shall have the force of
17ordinances, for the proper maintenance of a uniform system of
18discipline for both employees and pupils, and for the entire
19management of the schools, and may fix the school age of
20pupils, the minimum of which in kindergartens shall not be
21under 4 years, except that, based upon an assessment of the
22child's readiness, children who have attended a non-public
23preschool and continued their education at that school through
24kindergarten, were taught in kindergarten by an appropriately
25certified teacher, and will attain the age of 6 years on or

 

 

09800HB4655ham002- 22 -LRB098 17234 NHT 58345 a

1before December 31 of the year of the 2009-2010 school term and
2each school term thereafter may attend first grade upon
3commencement of such term, and in grade schools shall not be
4under 6 years. It may expel, suspend or, subject to the
5limitations of all policies established or adopted under
6Sections 10-22.6 and Section 14-8.05, otherwise discipline any
7pupil found guilty of violating gross disobedience, misconduct
8or other violation of the by-laws, rules, and regulations,
9including gross disobedience or misconduct perpetuated by
10electronic means. An expelled pupil may be immediately
11transferred to an alternative program in the manner provided in
12Article 13A or 13B of this Code. A pupil must not be denied
13transfer because of the expulsion, except in cases in which
14such transfer is deemed to cause a threat to the safety of
15students or staff in the alternative program. A pupil who is
16suspended in excess of 20 school days may be immediately
17transferred to an alternative program in the manner provided in
18Article 13A or 13B of this Code. A pupil must not be denied
19transfer because of the suspension, except in cases in which
20such transfer is deemed to cause a threat to the safety of
21students or staff in the alternative program. The bylaws, rules
22and regulations of the board shall be enacted, money shall be
23appropriated or expended, salaries shall be fixed or changed,
24and textbooks, electronic textbooks, and courses of
25instruction shall be adopted or changed only at the regular
26meetings of the board and by a vote of a majority of the full

 

 

09800HB4655ham002- 23 -LRB098 17234 NHT 58345 a

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

 

 

09800HB4655ham002- 24 -LRB098 17234 NHT 58345 a

1all courts and places where judicial proceedings are had.
2    Notwithstanding any other provision in this Article or in
3the School Code, the board may delegate to the general
4superintendent or to the attorney the authorities granted to
5the board in the School Code, provided such delegation and
6appropriate oversight procedures are made pursuant to board
7by-laws, rules and regulations, adopted as herein provided,
8except that the board may not delegate its authorities and
9responsibilities regarding (1) budget approval obligations;
10(2) rule-making functions; (3) desegregation obligations; (4)
11real estate acquisition, sale or lease in excess of 10 years as
12provided in Section 34-21; (5) the levy of taxes; or (6) any
13mandates imposed upon the board by "An Act in relation to
14school reform in cities over 500,000, amending Acts herein
15named", approved December 12, 1988 (P.A. 85-1418).
16(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
1797-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
187-13-12.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".