Full Text of HB0016 96th General Assembly
HB0016eng 96TH GENERAL ASSEMBLY
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HB0016 Engrossed |
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LRB096 03239 NHT 13256 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 34-19 as follows:
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| (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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| Sec. 34-19. By-laws, rules and regulations; business | 8 |
| transacted at
regular meetings; voting; records. The board | 9 |
| shall, subject to the limitations
in this Article, establish | 10 |
| by-laws, rules and regulations, which shall have the
force of | 11 |
| ordinances, for the proper maintenance of a uniform system of
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| discipline for both employees and pupils, and for the entire | 13 |
| management of the
schools, and may fix the school age of | 14 |
| pupils, the minimum of which in
kindergartens shall not be | 15 |
| under 5 4 years , except that those pupils who, for a full year, | 16 |
| have attended a pre-kindergarten program through a State Board | 17 |
| of Education early childhood education block grant or other | 18 |
| federal funds distributed by the State Board for | 19 |
| pre-kindergarten purposes or a pre-kindergarten program | 20 |
| accredited by the National Association for the Education of | 21 |
| Young Children and who will attain the age of 5 years on or | 22 |
| before December 31 of the year of the 2009-2010 school term and | 23 |
| each school term thereafter may attend school upon commencement |
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| of such term, and in grade schools shall not be
under 6 years. | 2 |
| It may expel, suspend or, subject to the limitations of all
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| policies established or adopted under Section 14-8.05, | 4 |
| otherwise discipline any
pupil found guilty of gross | 5 |
| disobedience, misconduct or other violation of the
by-laws, | 6 |
| rules and regulations. The bylaws, rules and regulations of the | 7 |
| board
shall be enacted, money shall be appropriated or | 8 |
| expended, salaries shall be
fixed or changed, and textbooks and | 9 |
| courses of instruction shall be adopted or
changed only at the | 10 |
| regular meetings of the board and by a vote of a
majority of | 11 |
| the full membership of the board; provided that
notwithstanding | 12 |
| any other provision of this Article or the School Code,
neither | 13 |
| the board or any local school council may purchase any textbook | 14 |
| for use in any public school of the
district from any textbook | 15 |
| publisher that fails to furnish any computer
diskettes as | 16 |
| required under Section 28-21. The board shall be further
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| encouraged to provide opportunities for public hearing and | 18 |
| testimony before
the adoption of bylaws, rules and regulations. | 19 |
| Upon all propositions
requiring for their adoption at least a | 20 |
| majority of all the members of the
board the yeas and nays | 21 |
| shall be taken and reported. The by-laws, rules and
regulations | 22 |
| of the board shall not be repealed, amended or added to, except
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| by a vote of 2/3 of the full membership of the board. The board | 24 |
| shall keep
a record of all its proceedings. Such records and | 25 |
| all
by-laws, rules and regulations, or parts thereof, may be | 26 |
| proved by a copy
thereof certified to be such by the secretary |
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| of the board, but if they are
printed in book or pamphlet form | 2 |
| which are purported to be published by
authority of the board | 3 |
| they need not be otherwise published and the book or
pamphlet | 4 |
| shall be received as evidence, without further proof, of the
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| records, by-laws, rules and regulations, or any part thereof, | 6 |
| as of the
dates thereof as shown in such book or pamphlet, in | 7 |
| all courts and places
where judicial proceedings are had.
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| Notwithstanding any other provision in this Article or in | 9 |
| the School
Code, the board may delegate to the general | 10 |
| superintendent or to the
attorney the authorities granted to | 11 |
| the board in the School Code, provided
such delegation and | 12 |
| appropriate oversight procedures are made pursuant to
board | 13 |
| by-laws, rules and regulations, adopted as herein provided, | 14 |
| except that
the board may not delegate its authorities and | 15 |
| responsibilities regarding (1)
budget approval obligations; | 16 |
| (2) rule-making functions; (3) desegregation
obligations; (4) | 17 |
| real estate acquisition, sale or lease in excess of 10 years
as | 18 |
| provided in Section 34-21; (5) the levy of taxes; or (6) any | 19 |
| mandates
imposed upon the board by "An Act in relation to | 20 |
| school reform in cities over
500,000, amending Acts herein | 21 |
| named", approved December 12, 1988 (P.A.
85-1418).
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| (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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| Section 90. The State Mandates Act is amended by adding | 24 |
| Section 8.33 as follows: |
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| (30 ILCS 805/8.33 new) | 2 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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