Full Text of SB3515 96th General Assembly
SB3515 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3515
Introduced 2/10/2010, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Allows a school treasurer to pay recurring bills upon certification by the clerk or secretary of the school board (instead of requiring an order of the school board signed by the president and clerk or secretary or by a majority of the board). Makes changes concerning when the record of the official acts of the school board must be submitted to the treasurer. With respect to the prohibition on a school board member having an interest in district contracts, work, business, or sales, provides that a board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no ownership interest in the business. Provides that a school board member's oath of office must be administered as determined by the board. Removes a provision that allows a school board to visit and inspect schools. Provides that a school board may authorize by policy (rather than by regulation) the superintendent, principal, assistant principal, or dean of students to suspend pupils. Provides that a school board must be given a summary of the notice of a parent's right to a review of the suspension (instead of a copy of the full statement of the reasons for the suspension and the notice of the parent's right to a review). Makes changes concerning when an educational support personnel employee who has been dismissed is paid. Makes changes concerning the filing of a teacher's transcript of college credits. Effective immediately.
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A BILL FOR
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SB3515 |
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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 Sections | 5 |
| 8-16, 10-7, 10-9, 10-16.5, 10-20.6, 10-20.19, 10-22.6, | 6 |
| 10-23.5, and 24-23 as follows:
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| (105 ILCS 5/8-16) (from Ch. 122, par. 8-16)
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| Sec. 8-16. School orders; Teacher's wages. The school | 9 |
| treasurer shall pay out funds of the school district only
upon | 10 |
| an order of the school board signed by the president and
clerk | 11 |
| or secretary or by a majority of the board, except payment of | 12 |
| the
obligations for Social Security taxes as required by the | 13 |
| Social Security
Enabling Act and payment of recurring bills, | 14 |
| such as utility bills, may be made upon a certification by the | 15 |
| clerk or secretary
of the board of the amount of the obligation | 16 |
| only. When an order issued
for the wages of a teacher is | 17 |
| presented to the treasurer and is not paid
for want of funds, | 18 |
| the treasurer shall endorse it over his signature,
"not paid | 19 |
| for want of funds" with the date of presentation, and shall
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| make and keep a record of the endorsement. The order shall | 21 |
| thereafter
bear interest at the rate, not exceeding the maximum | 22 |
| rate authorized by the
Bond Authorization Act, as amended at | 23 |
| the time of the making of the
contract, established by the |
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| school board of the district, until the
treasurer shall notify | 2 |
| the clerk or secretary in writing that
he has funds to pay the | 3 |
| order. Whenever the treasurer obtains sufficient
funds to pay | 4 |
| any such order he shall set them aside for such purpose and
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| shall not use them to pay any other order until the order | 6 |
| previously
presented and not paid is paid or otherwise | 7 |
| discharged. The treasurer shall
make and keep a record of the | 8 |
| notices and hold the funds necessary to pay
such order until it | 9 |
| is presented. The order shall draw no interest after
notice is | 10 |
| given to the clerk or secretary.
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| Nothing herein shall be construed to prevent the | 12 |
| establishment of a
voucher system of expenditures as provided | 13 |
| in Section 10-23.5 of this
Act.
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| With respect to instruments for the payment of money issued | 15 |
| under this
Section either before, on, or after June 6, 1989, it | 16 |
| is and always has been
the intention of the General Assembly | 17 |
| (i) that the Omnibus Bond Acts are
and always have been | 18 |
| supplementary grants of power to issue instruments in
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| accordance with the Omnibus Bond Acts, regardless of any | 20 |
| provision of this
Act that may appear to be or to have been | 21 |
| more restrictive than those Acts,
(ii) that the provisions of | 22 |
| this Section are not a limitation on the
supplementary | 23 |
| authority granted by the Omnibus Bond Acts, and (iii) that
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| instruments issued under this Section within the supplementary | 25 |
| authority
granted by the Omnibus Bond Acts are not invalid | 26 |
| because of any provision
of this Act that may appear to be or |
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| to have been more restrictive than
those Acts.
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| (Source: P.A. 86-4; 86-715; 86-1028; 86-1161.)
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| (105 ILCS 5/10-7) (from Ch. 122, par. 10-7)
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| Sec. 10-7.
Secretary or clerk to record official acts - | 5 |
| yeas and nays
on expenditures. The secretary or clerk shall | 6 |
| keep in a punctual, orderly
and reliable manner a record of the | 7 |
| official acts of the board which
shall be signed by the | 8 |
| president and the secretary or clerk, and
submitted to the | 9 |
| treasurer having custody of the funds of the district
for his | 10 |
| inspection and approval on the first Monday of April and
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| October, and at such other times as the treasurer may require. | 12 |
| On all
questions involving the expenditure of money, the yeas | 13 |
| and nays shall be
taken and entered on the records of the | 14 |
| proceedings of the board. The
secretary or clerk shall keep the | 15 |
| minutes and, if the district is not
required to employ a | 16 |
| superintendent, keep or cause to be kept the
financial records | 17 |
| of the school district.
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| (Source: P.A. 76-1339.)
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| (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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| Sec. 10-9. Interest of board member in contracts.
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| (a) No school board member shall be interested, directly or | 22 |
| indirectly,
in his own name or in the name of any other person, | 23 |
| association, trust or
corporation, in any contract, work or | 24 |
| business of the district or in the
sale of any article, |
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| whenever the expense, price or consideration of the
contract, | 2 |
| work, business or sale is paid either from the treasury or by | 3 |
| any
assessment levied by any statute or ordinance. A school | 4 |
| board member shall not be deemed interested if the board member | 5 |
| is an employee of a business that is involved in the | 6 |
| transaction of business with the school district, provided that | 7 |
| the board member has no ownership interest in the business. No | 8 |
| school board member
shall be interested, directly or | 9 |
| indirectly, in the purchase of any
property which (1) belongs | 10 |
| to the district, or (2) is sold for taxes or
assessments, or | 11 |
| (3) is sold by virtue of legal process at the suit of
the | 12 |
| district.
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| (b) However, any board member may provide materials, | 14 |
| merchandise,
property, services or labor, if:
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| A. the contract is with a person, firm, partnership, | 16 |
| association,
corporation or cooperative association in | 17 |
| which the board member has
less than a 7 1/2% share in the | 18 |
| ownership; and
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| B. such interested board member publicly discloses the | 20 |
| nature and
extent of his interest prior to or during | 21 |
| deliberations concerning the
proposed award of the | 22 |
| contract; and
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| C. such interested board member abstains from voting on | 24 |
| the award of
the contract, though he shall be considered | 25 |
| present for the purposes of
establishing a quorum; and
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| D. such contract is approved by a majority vote of |
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| those board
members presently holding office; and
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| E. the contract is awarded after sealed bids to the | 3 |
| lowest
responsible bidder if the amount of the contract | 4 |
| exceeds $1500,
or
awarded without bidding if the amount of | 5 |
| the contract is less than
$1500; and
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| F. the award of the contract would not cause the | 7 |
| aggregate amount of
all such contracts so awarded to the | 8 |
| same person, firm, association,
partnership, corporation | 9 |
| or cooperative association in the same fiscal
year to | 10 |
| exceed $25,000.
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| (c) In addition to the above exemption, any board member | 12 |
| may provide
materials, merchandise, property, services or | 13 |
| labor if:
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| A. the award of the contract is approved by a majority | 15 |
| vote of the
board provided that any such interested member | 16 |
| shall abstain from
voting; and
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| B. the amount of the contract does not exceed $1,000; | 18 |
| and
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| C. the award of the contract would not cause the | 20 |
| aggregate amount of
all such contracts so awarded to the | 21 |
| same person, firm, association,
partnership, corporation, | 22 |
| or cooperative association in the same fiscal
year to | 23 |
| exceed $2,000, except with respect to a board member of a | 24 |
| school
district in which the materials, merchandise, | 25 |
| property, services, or labor to
be provided under the | 26 |
| contract are not available from any other person, firm,
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| association, partnership, corporation, or cooperative | 2 |
| association in the
district, in which event the award of | 3 |
| the contract shall not cause the
aggregate amount of all | 4 |
| contracts so awarded to that same person, firm,
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| association, partnership, or cooperative association in | 6 |
| the same fiscal year to
exceed $5,000; and
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| D. such interested member publicly discloses the | 8 |
| nature and extent
of his interest prior to or during | 9 |
| deliberations concerning the proposed
award of the | 10 |
| contract; and
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| E. such interested member abstains from voting on the | 12 |
| award of the
contract, though he shall be considered | 13 |
| present for the purposes of
establishing a quorum.
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| (d) In addition to exemptions otherwise authorized by this | 15 |
| Section, any
board member may purchase for use as the board | 16 |
| member's primary place of
residence a house constructed by the | 17 |
| district's vocational education
students on the same basis that | 18 |
| any other person would be entitled to
purchase the property. | 19 |
| The sale of the house by the district must comply
with the | 20 |
| requirements set forth in Section 5-22 of The School Code.
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| (e) A contract for the procurement of public utility | 22 |
| services by a
district with a public utility company is not | 23 |
| barred by this Section by
one or more members of the board | 24 |
| being an officer or employee of the
public utility company or | 25 |
| holding an ownership interest of no more than
7 1/2% in the | 26 |
| public utility company, or holding an ownership interest of
any |
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| size if the school district has a population of less than 7,500 | 2 |
| and
the public utility's rates are approved by the Illinois | 3 |
| Commerce
Commission. An elected or appointed member of the | 4 |
| board having such an
interest shall be deemed not to have a | 5 |
| prohibited interest under this Section.
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| (f) Nothing contained in this Section, including the | 7 |
| restrictions set
forth in subsections (b), (c), (d) and (e), | 8 |
| shall preclude a contract of
deposit of monies, loans or other | 9 |
| financial services by a school
district with a local bank or | 10 |
| local savings and loan association,
regardless of whether a | 11 |
| member or members of the governing body of the
school district | 12 |
| are interested in such bank or savings and loan
association as | 13 |
| an officer or employee or as a holder of less than 7 1/2%
of the | 14 |
| total ownership interest. A member or members holding such an
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| interest in such a contract shall not be deemed to be holding a
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| prohibited interest for purposes of this Act. Such interested | 17 |
| member or
members of the governing body must publicly state the | 18 |
| nature and extent
of their interest during deliberations | 19 |
| concerning the proposed award of
such a contract, but shall not | 20 |
| participate in any further deliberations
concerning the | 21 |
| proposed award. Such interested member or members shall
not | 22 |
| vote on such a proposed award. Any member or members abstaining
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| from participation in deliberations and voting under this | 24 |
| Section may be
considered present for purposes of establishing | 25 |
| a quorum. Award of such
a contract shall require approval by a | 26 |
| majority vote of those members
presently holding office. |
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| Consideration and award of any such contract
in which a member | 2 |
| or members are interested may only be made at a
regularly | 3 |
| scheduled public meeting of the governing body of the school
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| district.
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| (g) Any school board member who violates this Section is | 6 |
| guilty of a
Class 4 felony and in addition thereto any office | 7 |
| held by such person so
convicted shall become vacant and shall | 8 |
| be so declared as part of the
judgment of the court.
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| (Source: P.A. 89-244, eff. 8-4-95.)
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| (105 ILCS 5/10-16.5) | 11 |
| Sec. 10-16.5. Oath of office. Each school board member, | 12 |
| before taking his or her seat on the board, shall take an oath | 13 |
| of office , administered as determined by the board, in | 14 |
| substantially the following form: | 15 |
| I, (name of member or successful candidate), do | 16 |
| solemnly swear (or affirm) that I will faithfully discharge | 17 |
| the duties of the office of member of the Board of | 18 |
| Education (or Board of School Directors, as the case may | 19 |
| be) of (name of school district), in accordance with the | 20 |
| Constitution of the United States, the Constitution of the | 21 |
| State of Illinois, and the laws of the State of Illinois, | 22 |
| to the best of my ability. | 23 |
| I further swear (or affirm) that: | 24 |
| I shall respect taxpayer interests by serving as a | 25 |
| faithful protector of the school district's assets;
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| I shall encourage and respect the free expression of | 2 |
| opinion by my fellow board members and others who seek a | 3 |
| hearing before the board, while respecting the privacy of | 4 |
| students and employees; | 5 |
| I shall recognize that a board member has no legal | 6 |
| authority as an individual and that decisions can be made | 7 |
| only by a majority vote at a public board meeting; and | 8 |
| I shall abide by majority decisions of the board, while | 9 |
| retaining the right to seek changes in such decisions | 10 |
| through ethical and constructive channels.
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| (Source: P.A. 94-881, eff. 6-20-06.)
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| (105 ILCS 5/10-20.6) (from Ch. 122, par. 10-20.6)
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| Sec. 10-20.6. Maintain Visit and inspect schools.
To visit, | 14 |
| inspect, and maintain the public schools under their | 15 |
| jurisdiction
as the good of the schools may require and in | 16 |
| conformance with the code
authorized in Section 2-3.12.
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| (Source: P.A. 87-984.)
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| (105 ILCS 5/10-20.19) (from Ch. 122, par. 10-20.19)
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| Sec. 10-20.19. Payment of orders. Subject to the provisions | 20 |
| of Article
1B in the case of a school district receiving | 21 |
| emergency State financial
assistance, the school board shall | 22 |
| pay all orders in accordance with Section
10-18 of this Act, | 23 |
| except as herein provided:
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| (1) It shall be lawful for the school board to submit to |
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| the
treasurer a certified copy of those portions of the board | 2 |
| minutes,
properly signed by the secretary and president, or a | 3 |
| majority of the
board, showing all bills approved for payment | 4 |
| by the board and clearly
showing to whom, and for what purpose | 5 |
| each payment is to be made by the
treasurer, and to what | 6 |
| budgetary item each payment shall be debited, and
such | 7 |
| certified copy shall serve as full authority to the treasurer | 8 |
| to
make the payments as thus approved; this shall not preclude | 9 |
| the use of a
voucher system, or any other system of sound | 10 |
| accounting and business
procedure, provided that such system | 11 |
| reflects the facts, and that the
same is in accordance with the | 12 |
| regulations prescribed by or approved by
the Superintendent of | 13 |
| Public Instruction.
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| (2) It shall be lawful for the school board by resolution | 15 |
| to
establish revolving funds for school cafeterias, lunch | 16 |
| rooms, athletics,
petty cash or similar purposes, provided such | 17 |
| funds are in the custody
of an employee who shall be bonded as | 18 |
| provided in Article 8 of this Act
for bonding school treasurers | 19 |
| and who shall be responsible to the board
and to the treasurer, | 20 |
| subject to regular annual audit by licensed public
accountants | 21 |
| and other such examinations as the school board shall deem
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| advisable and kept in accordance with regulations prescribed by | 23 |
| the
Superintendent of Public Instruction. A monthly report and | 24 |
| an annual
summary of all receipts and expenditures of the fund | 25 |
| shall be submitted
to the school board and the treasurer. All | 26 |
| funds advanced by the
treasurer to operate such revolving funds |
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| shall be carried on the
treasurer's books as cash obligations | 2 |
| due to the district and all
receipts of such revolving funds | 3 |
| shall be deposited daily in a bank or
savings and loan | 4 |
| association to
be approved by the treasurer, unless there is no | 5 |
| bank or savings
and loan association in the community,
in which | 6 |
| event receipts shall be deposited intact not less than once
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| each week in the bank or savings and loan association approved | 8 |
| by the
treasurer. All reimbursements to
any such revolving | 9 |
| funds from the district funds shall be completely
itemized as | 10 |
| to whom paid, for what purpose, and against what budgetary
item | 11 |
| the expenditure is chargeable.
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| No bank or savings and loan association shall receive | 13 |
| public funds as
permitted by this Section, unless it has | 14 |
| complied with the requirements
established pursuant to Section | 15 |
| 6 of "An Act relating to certain investments
of public funds by | 16 |
| public agencies", approved July 23, 1943, as now or hereafter
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| amended.
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| (3) The school board shall establish rules and regulations | 19 |
| governing
conditions under which school classes, clubs, and | 20 |
| associations may
collect or acquire funds in the name of any | 21 |
| school; and, under such
regulations as the Superintendent of | 22 |
| Public Instruction may prescribe,
provide for the safeguarding | 23 |
| of such funds for the educational,
recreational, or cultural | 24 |
| purposes they are designed to serve.
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| (4) It shall be lawful for the clerk or secretary of the | 26 |
| board to certify
to the school treasurer the amount of the |
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| obligation for Social Security
taxes as required by the Social | 2 |
| Security Enabling Act and the amount of recurring bills, such | 3 |
| as utility bills, showing the amount
and to whom payment is to | 4 |
| be made and what budgetary item or items the payment
shall be | 5 |
| debited from , and such certification shall serve as full | 6 |
| authority
to the treasurer to make such payment.
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| (Source: P.A. 86-954.)
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 10 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 12 |
| misconduct, and
no action shall lie against them for such | 13 |
| expulsion. Expulsion shall
take place only after the parents | 14 |
| have been requested to appear at a
meeting of the board, or | 15 |
| with a hearing officer appointed by it, to
discuss their | 16 |
| child's behavior. Such request shall be made by registered
or | 17 |
| certified mail and shall state the time, place and purpose of | 18 |
| the
meeting. The board, or a hearing officer appointed by it, | 19 |
| at such
meeting shall state the reasons for dismissal and the | 20 |
| date on which the
expulsion is to become effective. If a | 21 |
| hearing officer is appointed by
the board he shall report to | 22 |
| the board a written summary of the evidence
heard at the | 23 |
| meeting and the board may take such action thereon as it
finds | 24 |
| appropriate.
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| (b) To suspend or by policy regulation to authorize the |
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| 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 policy regulation
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| authorize the superintendent of the district or the principal, | 8 |
| assistant
principal, or dean of students of any
school to | 9 |
| suspend pupils guilty of such acts for a period not to exceed
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| 10 school days. If a pupil is suspended due to gross | 11 |
| disobedience or misconduct
on a school bus, the board may | 12 |
| suspend the pupil in excess of 10
school
days for safety | 13 |
| reasons. Any suspension shall be reported immediately to the
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| parents or guardian of such pupil along with a full statement | 15 |
| of the
reasons for such suspension and a notice of their right | 16 |
| to a review , a
copy of which shall be given to the school | 17 |
| board . The school board must be given a summary of the notice, | 18 |
| including the reason for the suspension and the suspension | 19 |
| length. Upon request of the
parents or guardian the school | 20 |
| board or a hearing officer appointed by
it shall review such | 21 |
| action of the superintendent or principal, assistant
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| principal, or dean of students. At such
review the parents or | 23 |
| guardian of the pupil may appear and discuss the
suspension | 24 |
| with the board or its hearing officer. If a hearing officer
is | 25 |
| appointed by the board he shall report to the board a written | 26 |
| summary
of the evidence heard at the meeting. After its hearing |
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| or upon receipt
of the written report of its hearing officer, | 2 |
| the board may take such
action as it finds appropriate.
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| (c) The Department of Human Services
shall be invited to | 4 |
| send a representative to consult with the board at
such meeting | 5 |
| whenever there is evidence that mental illness may be the
cause | 6 |
| for expulsion or suspension.
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| (d) The board may expel a student for a definite period of | 8 |
| time not to
exceed 2 calendar years, as determined on a case by | 9 |
| case basis.
A student who
is determined to have brought one of | 10 |
| the following objects to school, any school-sponsored activity
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| or event, or any activity or event that bears a reasonable | 12 |
| relationship to school shall be expelled for a period of not | 13 |
| less than
one year: | 14 |
| (1) A firearm. For the purposes of this Section, | 15 |
| "firearm" means any gun, rifle, shotgun, weapon as defined | 16 |
| by Section 921 of Title 18 of the United States Code, | 17 |
| firearm as defined in Section 1.1 of the Firearm Owners | 18 |
| Identification Card Act, or firearm as defined in Section | 19 |
| 24-1 of the Criminal Code of 1961. The expulsion period | 20 |
| under this subdivision (1) may be modified by the | 21 |
| superintendent, and the superintendent's determination may | 22 |
| be modified by the board on a case-by-case basis. | 23 |
| (2) A knife, brass knuckles or other knuckle weapon | 24 |
| regardless of its composition, a billy club, or any other | 25 |
| object if used or attempted to be used to cause bodily | 26 |
| harm, including "look alikes" of any firearm as defined in |
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| subdivision (1) of this subsection (d). The expulsion | 2 |
| requirement under this subdivision (2) may be modified by | 3 |
| the superintendent, and the superintendent's determination | 4 |
| may be modified by the board on a case-by-case basis. | 5 |
| Expulsion
or suspension
shall be construed in a
manner | 6 |
| consistent with the Federal Individuals with Disabilities | 7 |
| Education
Act. A student who is subject to suspension or | 8 |
| expulsion as provided in this
Section may be eligible for a | 9 |
| transfer to an alternative school program in
accordance with | 10 |
| Article 13A of the School Code. The provisions of this
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| subsection (d) apply in all school districts,
including special | 12 |
| charter districts and districts organized under Article 34.
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| (e) To maintain order and security in the schools, school | 14 |
| authorities may
inspect and search places and areas such as | 15 |
| lockers, desks, parking lots, and
other school property and | 16 |
| equipment owned or controlled by the school, as well
as | 17 |
| personal effects left in those places and areas by students, | 18 |
| without notice
to or the consent of the student, and without a | 19 |
| search warrant. As a matter of
public policy, the General | 20 |
| Assembly finds that students have no reasonable
expectation of | 21 |
| privacy in these places and areas or in their personal effects
| 22 |
| left in these places and areas. School authorities may request | 23 |
| the assistance
of law enforcement officials for the purpose of | 24 |
| conducting inspections and
searches of lockers, desks, parking | 25 |
| lots, and other school property and
equipment owned or | 26 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 2 |
| searches conducted
through the use of specially trained dogs. | 3 |
| If a search conducted in accordance
with this Section produces | 4 |
| evidence that the student has violated or is
violating either | 5 |
| the law, local ordinance, or the school's policies or rules,
| 6 |
| such evidence may be seized by school authorities, and | 7 |
| disciplinary action may
be taken. School authorities may also | 8 |
| turn over such evidence to law
enforcement authorities. The | 9 |
| provisions of this subsection (e) apply in all
school | 10 |
| districts, including special charter districts and districts | 11 |
| organized
under Article 34.
| 12 |
| (f) Suspension or expulsion may include suspension or | 13 |
| expulsion from
school and all school activities and a | 14 |
| prohibition from being present on school
grounds.
| 15 |
| (g) A school district may adopt a policy providing that if | 16 |
| a student
is suspended or expelled for any reason from any | 17 |
| public or private school
in this or any other state, the | 18 |
| student must complete the entire term of
the suspension or | 19 |
| expulsion before being admitted into the school
district. This | 20 |
| policy may allow placement of the student in an alternative
| 21 |
| school program established under Article 13A of this Code, if | 22 |
| available, for
the
remainder of the suspension or expulsion. | 23 |
| This subsection (g) applies to
all school districts, including | 24 |
| special charter districts and districts
organized under | 25 |
| Article 34 of this Code.
| 26 |
| (Source: P.A. 96-633, eff. 8-24-09.)
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| (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
| 2 |
| Sec. 10-23.5. Educational support personnel employees. | 3 |
| (a) To employ such
educational support personnel employees | 4 |
| as it deems advisable and to define
their employment duties; | 5 |
| provided that residency within any school district
shall not be | 6 |
| considered in determining the employment or the compensation of
| 7 |
| any such employee, or whether to retain, promote, assign or | 8 |
| transfer such
employee. If an educational support personnel | 9 |
| employee is removed or dismissed
or the hours he or she works | 10 |
| are reduced as a result of a decision of the school board (i) | 11 |
| to decrease the number of
educational support personnel | 12 |
| employees employed by the board or (ii) to discontinue
some | 13 |
| particular type of educational support service, written notice | 14 |
| shall be
mailed to the employee and also given to the employee | 15 |
| either by certified mail,
return receipt requested, or personal | 16 |
| delivery with receipt, at least 30 days before the employee is | 17 |
| removed or dismissed or the hours he or she works are reduced, | 18 |
| together with a statement of honorable dismissal and the reason
| 19 |
| therefor if applicable. However, if a reduction in hours is due | 20 |
| to an unforeseen reduction in the student population, then the | 21 |
| written notice must be mailed and given to the employee at | 22 |
| least 5 days before the hours are reduced. The employee with | 23 |
| the shorter length of continuing service with the
district, | 24 |
| within the respective category of position, shall be dismissed | 25 |
| first
unless an alternative method of determining the sequence |
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| of dismissal is
established in a collective bargaining | 2 |
| agreement or contract between the
board and any exclusive | 3 |
| bargaining agent and except that this provision shall
not | 4 |
| impair the operation of any affirmative action program in the | 5 |
| district,
regardless of whether it exists by operation of law | 6 |
| or is conducted on a
voluntary basis by the board. If the board | 7 |
| has any vacancies for the following
school term or within one | 8 |
| calendar year from the beginning of the following
school term, | 9 |
| the positions thereby becoming available within a specific
| 10 |
| category of position shall be tendered to the employees so | 11 |
| removed or dismissed
from that category or any other category | 12 |
| of position, so far as they are qualified to hold such
| 13 |
| positions. Each board shall, in consultation with any exclusive | 14 |
| employee
representative or bargaining agent, each year | 15 |
| establish a list, categorized
by positions, showing the length | 16 |
| of continuing service of each full time
educational support | 17 |
| personnel employee who is qualified to hold any such
positions, | 18 |
| unless an alternative method of determining a sequence of | 19 |
| dismissal
is established as
provided for in this Section, in | 20 |
| which case a list shall be made in
accordance with the | 21 |
| alternative method. Copies of the list shall be
distributed to | 22 |
| the exclusive employee representative or bargaining agent on
or | 23 |
| before February 1 of each year. Where an educational support | 24 |
| personnel
employee is dismissed by the board as a result of a
| 25 |
| decrease in the number of employees or the discontinuance of | 26 |
| the employee's
job, the employee shall be paid all earned |
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| compensation on or before the
next regular pay date third | 2 |
| business day following his or her last day of employment.
| 3 |
| The provisions of this amendatory Act of 1986 relating to | 4 |
| residency
within any school district shall not apply to cities | 5 |
| having a population
exceeding 500,000 inhabitants.
| 6 |
| (b) In the case of a new school district or districts | 7 |
| formed in accordance with Article 11E of this Code, a school | 8 |
| district or districts that annex all of the territory of one or | 9 |
| more entire other school districts in accordance with Article 7 | 10 |
| of this Code, or a school district receiving students from a | 11 |
| deactivated school facility in accordance with Section | 12 |
| 10-22.22b of this Code, the employment of educational support | 13 |
| personnel in the new, annexing, or receiving school district | 14 |
| immediately following the reorganization shall be governed by | 15 |
| this subsection (b). Lists of the educational support personnel | 16 |
| employed in the individual districts for the school year | 17 |
| immediately prior to the effective date of the new district or | 18 |
| districts, annexation, or deactivation shall be combined for | 19 |
| the districts forming the new district or districts, for the | 20 |
| annexed and annexing districts, or for the deactivating and | 21 |
| receiving districts, as the case may be. The combined list | 22 |
| shall be categorized by positions, showing the length of | 23 |
| continuing service of each full-time educational support | 24 |
| personnel employee who is qualified to hold any such position. | 25 |
| If there are more full-time educational support personnel | 26 |
| employees on the combined list than there are available |
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| positions in the new, annexing, or receiving school district, | 2 |
| then the employing school board shall first remove or dismiss | 3 |
| those educational support personnel employees with the shorter | 4 |
| length of continuing service within the respective category of | 5 |
| position, following the procedures outlined in subsection (a) | 6 |
| of this Section. The employment and position of each | 7 |
| educational support personnel employee on the combined list not | 8 |
| so removed or dismissed shall be transferred to the new, | 9 |
| annexing, or receiving school board, and the new, annexing, or | 10 |
| receiving school board is subject to this Code with respect to | 11 |
| any educational support personnel employee so transferred as if | 12 |
| the educational support personnel employee had been the new, | 13 |
| annexing, or receiving board's employee during the time the | 14 |
| educational support personnel employee was actually employed | 15 |
| by the school board of the district from which the employment | 16 |
| and position were transferred. | 17 |
| The changes made by Public Act 95-148
shall not apply to | 18 |
| the formation of a new district or districts in accordance with | 19 |
| Article 11E of this Code, the annexation of one or more entire | 20 |
| districts in accordance with Article 7 of this Code, or the | 21 |
| deactivation of a school facility in accordance with Section | 22 |
| 10-22.22b of this Code effective on or before July 1, 2007.
| 23 |
| (Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; | 24 |
| 95-876, eff. 8-21-08.)
| 25 |
| (105 ILCS 5/24-23) (from Ch. 122, par. 24-23)
|
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| Sec. 24-23. Teacher transcript of credits. Each teacher | 2 |
| shall file with the superintendent of the school in which
he is | 3 |
| teaching or, if there is no such superintendent, with the | 4 |
| Regional County
Superintendent of Schools a complete | 5 |
| transcript of credits earned in
recognized institutions of | 6 |
| higher learning attended by him. On or before September 1 of | 7 |
| each year thereafter, unless otherwise provided in a collective | 8 |
| bargaining agreement, every On each July
1st following the date | 9 |
| of filing such transcript each teacher shall so file
a | 10 |
| transcript of any credits that have been so earned since the | 11 |
| date the
last transcript was filed.
| 12 |
| Such record of credits shall be used as the base for | 13 |
| determining the
minimum salary for such teachers as provided by | 14 |
| Section 24--8 of this Act.
| 15 |
| (Source: Laws 1961, p. 31.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
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INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/8-16 |
from Ch. 122, par. 8-16 |
| 4 |
| 105 ILCS 5/10-7 |
from Ch. 122, par. 10-7 |
| 5 |
| 105 ILCS 5/10-9 |
from Ch. 122, par. 10-9 |
| 6 |
| 105 ILCS 5/10-16.5 |
|
| 7 |
| 105 ILCS 5/10-20.6 |
from Ch. 122, par. 10-20.6 |
| 8 |
| 105 ILCS 5/10-20.19 |
from Ch. 122, par. 10-20.19 |
| 9 |
| 105 ILCS 5/10-22.6 |
from Ch. 122, par. 10-22.6 |
| 10 |
| 105 ILCS 5/10-23.5 |
from Ch. 122, par. 10-23.5 |
| 11 |
| 105 ILCS 5/24-23 |
from Ch. 122, par. 24-23 |
| |
|