093_HB0351

 
                                     LRB093 06742 NHT 06877 b

 1        AN ACT concerning 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 adding  Section
 5    2-3.131 and changing Sections 10-22.6 and 34-19 as follows:

 6        (105 ILCS 5/2-3.131 new)
 7        Sec.    2-3.131.  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
11    that have been suspended from public school. The State  Board
12    of  Education may adopt any rules necessary to implement this
13    Section.

14        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
15        Sec. 10-22.6. Suspension or expulsion of  pupils;  school
16    searches.
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
30    finds appropriate.
 
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 1        (b)  To  suspend  or  by  regulation  to  authorize   the
 2    superintendent  of  the  district or the principal, assistant
 3    principal, or dean of  students  of  any  school  to  suspend
 4    pupils  guilty  of  gross  disobedience  or misconduct, or to
 5    suspend pupils guilty of gross disobedience or misconduct  on
 6    the  school  bus  from  riding  the school bus, and no action
 7    shall lie against them for such suspension. The board may  by
 8    regulation  authorize  the  superintendent of the district or
 9    the principal, assistant principal, or dean  of  students  of
10    any school to suspend pupils guilty of such acts for a period
11    not  to exceed 10 school days. If a pupil is suspended due to
12    gross disobedience or misconduct on a school bus,  the  board
13    may  suspend the pupil in excess of 10 school days for safety
14    reasons.  Any suspension shall be reported immediately to the
15    parents or guardian of such pupil along with a full statement
16    of the reasons for such suspension  and  a  notice  of  their
17    right  to  a  review,  a  copy of which shall be given to the
18    school board. Upon request of the  parents  or  guardian  the
19    school  board  or  a  hearing  officer  appointed by it shall
20    review  such  action  of  the  superintendent  or  principal,
21    assistant principal, or dean of students.  At such review the
22    parents or guardian of the pupil may appear and  discuss  the
23    suspension  with  the  board  or  its  hearing  officer. If a
24    hearing officer is appointed by the board he shall report  to
25    the  board  a  written  summary  of the evidence heard at the
26    meeting. After its hearing or upon  receipt  of  the  written
27    report of its hearing officer, the board may take such action
28    as it finds appropriate.
29        (c)  The Department of Human Services shall be invited to
30    send  a  representative  to  consult  with  the board at such
31    meeting whenever there is evidence that mental illness may be
32    the cause for expulsion or suspension.
33        (d)  The board may expel a student for a definite  period
34    of  time  not  to exceed 2 calendar years, as determined on a
 
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 1    case by case basis. A  student  who  is  determined  to  have
 2    brought  a weapon to school, any school-sponsored activity or
 3    event, or any activity or  event  which  bears  a  reasonable
 4    relationship  to school shall be expelled for a period of not
 5    less than one year, except that the expulsion period  may  be
 6    modified  by  the  superintendent,  and  the superintendent's
 7    determination may be modified by the board on a case by  case
 8    basis.  For  the  purpose  of this Section, the term "weapon"
 9    means (1) possession, use, control, or transfer of  any  gun,
10    rifle, shotgun, weapon as defined by Section 921 of Title 18,
11    United  States Code, firearm as defined in Section 1.1 of the
12    Firearm Owners Identification Act, or  use  of  a  weapon  as
13    defined  in  Section 24-1 of the Criminal Code, (2) any other
14    object if used or attempted to be used to cause bodily  harm,
15    including  but  not  limited  to,  knives, brass knuckles, or
16    billy clubs, or (3) "look alikes" of any weapon as defined in
17    this Section. Expulsion or suspension shall be construed in a
18    manner  consistent  with   the   Federal   Individuals   with
19    Disabilities  Education  Act.  A  student  who  is subject to
20    suspension or expulsion as provided in this  Section  may  be
21    eligible  for  a transfer to an alternative school program in
22    accordance  with  Article  13A  of  the  School  Code.    The
23    provisions  of  this  subsection  (d)  apply  in  all  school
24    districts,  including special charter districts and districts
25    organized under Article 34.
26        (e)  To maintain  order  and  security  in  the  schools,
27    school  authorities  may  inspect and search places and areas
28    such as  lockers,  desks,  parking  lots,  and  other  school
29    property  and equipment owned or controlled by the school, as
30    well as personal effects left in those places  and  areas  by
31    students,  without  notice  to or the consent of the student,
32    and without a search warrant.  As a matter of public  policy,
33    the  General  Assembly finds that students have no reasonable
34    expectation of privacy in these places and areas or in  their
 
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 1    personal  effects  left  in  these  places and areas.  School
 2    authorities may request the  assistance  of  law  enforcement
 3    officials  for  the  purpose  of  conducting  inspections and
 4    searches of lockers, desks, parking lots,  and  other  school
 5    property  and equipment owned or controlled by the school for
 6    illegal  drugs,  weapons,  or  other  illegal  or   dangerous
 7    substances or materials, including searches conducted through
 8    the  use of specially trained dogs.  If a search conducted in
 9    accordance with  this  Section  produces  evidence  that  the
10    student  has  violated  or is violating either the law, local
11    ordinance, or the school's policies or rules,  such  evidence
12    may  be seized by school authorities, and disciplinary action
13    may be taken.  School authorities may  also  turn  over  such
14    evidence  to  law enforcement authorities.  The provisions of
15    this subsection (e) apply in all school districts,  including
16    special  charter  districts  and  districts  organized  under
17    Article 34.
18        (f)  Suspension  or  expulsion  may include suspension or
19    expulsion  from  school  and  all  school  activities  and  a
20    prohibition from being present on school grounds.
21        (g)  A school district may adopt a policy providing  that
22    if a student is suspended or expelled for any reason from any
23    public  or  private  school  in  this or any other state, the
24    student must complete the entire term of  the  suspension  or
25    expulsion  before  being  admitted  into the school district.
26    This  policy  may  allow  placement  of  the  student  in  an
27    alternative school program established under Article  13A  of
28    this  Code, if available, for the remainder of the suspension
29    or expulsion.  This subsection  (g)  applies  to  all  school
30    districts,  including special charter districts and districts
31    organized under Article 34 of this Code.
32        (h)  If a pupil is suspended for one or more school days,
33    then, for that period of suspension, the  pupil's  parent  or
34    guardian  may  place the pupil in a community-based education
 
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 1    program approved  by  the  State  Board  of  Education  under
 2    Section 2-3.131 of this Code and the school district must pay
 3    the  community-based  education  program  an  amount equal to
 4    one-half of the amount the school spends per  pupil  per  day
 5    for  each  day  that  the  pupil is suspended and attends the
 6    program.
 7    (Source: P.A. 92-64, eff. 7-12-01.)

 8        (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
 9        Sec. 34-19.  By-laws,  rules  and  regulations;  business
10    transacted  at  regular  meetings; voting; records. The board
11    shall, subject to the limitations in this Article,  establish
12    by-laws, rules and regulations, which shall have the force of
13    ordinances, for the proper maintenance of a uniform system of
14    discipline  for both employees and pupils, and for the entire
15    management of the schools, and may  fix  the  school  age  of
16    pupils,  the  minimum  of which in kindergartens shall not be
17    under 4 years and in grade  schools  shall  not  be  under  6
18    years.  It  may expel, suspend or, subject to the limitations
19    of all policies established or adopted under Section 14-8.05,
20    otherwise  discipline  any  pupil  found  guilty   of   gross
21    disobedience,  misconduct  or other violation of the by-laws,
22    rules and regulations. If a pupil is  suspended  for  one  or
23    more  school  days,  then, for that period of suspension, the
24    pupil's  parent  or  guardian  may  place  the  pupil  in   a
25    community-based education program approved by the State Board
26    of  Education  under  Section  2-3.131  of  this Code and the
27    school  district  must  pay  the  community-based   education
28    program  an amount equal to one-half of the amount the school
29    spends per pupil per day for  each  day  that  the  pupil  is
30    suspended  and  attends  the  program.  The bylaws, rules and
31    regulations of the board shall be  enacted,  money  shall  be
32    appropriated or expended, salaries shall be fixed or changed,
33    and  textbooks and courses of instruction shall be adopted or
 
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 1    changed only at the regular meetings of the board  and  by  a
 2    vote  of  a  majority  of  the  full membership of the board;
 3    provided that notwithstanding any  other  provision  of  this
 4    Article  or  the  School Code, neither the board or any local
 5    school council may purchase  any  textbook  for  use  in  any
 6    public  school  of  the  district from any textbook publisher
 7    that fails to furnish  any  computer  diskettes  as  required
 8    under Section 28-21. The board shall be further encouraged to
 9    provide opportunities for public hearing and testimony before
10    the  adoption  of  bylaws,  rules  and  regulations. Upon all
11    propositions requiring for their adoption at least a majority
12    of all the members of the board the yeas and  nays  shall  be
13    taken and reported. The by-laws, rules and regulations of the
14    board shall not be repealed, amended or added to, except by a
15    vote  of  2/3  of the full membership of the board. The board
16    shall keep a record of all its proceedings.  Such records and
17    all by-laws, rules and regulations, or parts thereof, may  be
18    proved  by  a  copy  thereof  certified  to  be  such  by the
19    secretary of the board, but if they are printed  in  book  or
20    pamphlet   form  which  are  purported  to  be  published  by
21    authority of the board they need not be  otherwise  published
22    and  the  book  or  pamphlet  shall  be received as evidence,
23    without further proof, of the  records,  by-laws,  rules  and
24    regulations,  or any part thereof, as of the dates thereof as
25    shown in such book or pamphlet,  in  all  courts  and  places
26    where judicial proceedings are had.
27        Notwithstanding any other provision in this Article or in
28    the  School  Code,  the  board  may  delegate  to the general
29    superintendent or to the attorney the authorities granted  to
30    the  board  in  the School Code, provided such delegation and
31    appropriate oversight procedures are made pursuant  to  board
32    by-laws,  rules  and regulations, adopted as herein provided,
33    except that the board may not delegate  its  authorities  and
34    responsibilities  regarding  (1) budget approval obligations;
 
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 1    (2) rule-making functions; (3) desegregation obligations; (4)
 2    real estate acquisition, sale or lease in excess of 10  years
 3    as  provided  in Section 34-21; (5) the levy of taxes; or (6)
 4    any mandates imposed upon the board by "An Act in relation to
 5    school reform in cities over 500,000,  amending  Acts  herein
 6    named", approved December 12, 1988 (P.A. 85-1418).
 7    (Source: P.A. 88-45; 89-15, eff. 5-30-95.)

 8        Section  90.  The State Mandates Act is amended by adding
 9    Section 8.27 as follows:

10        (30 ILCS 805/8.27 new)
11        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
12    and  8 of this Act, no reimbursement by the State is required
13    for  the  implementation  of  any  mandate  created  by  this
14    amendatory Act of the 93rd General Assembly.

15        Section 99.  Effective date.  This Act  takes  effect  on
16    July 1, 2003.