Full Text of HB4775 98th General Assembly
HB4775ham002 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/25/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4775
| 2 | | AMENDMENT NO. ______. Amend House Bill 4775 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-22.6, 27A-5, and 34-19 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 | | searches.
| 9 | | (a) To expel pupils guilty of gross disobedience or | 10 | | misconduct, including gross disobedience or misconduct | 11 | | perpetuated by electronic means, or to expel pupils as provided | 12 | | in subsection (d-10) of this Section, and
no action shall lie | 13 | | against them for such expulsion. Expulsion shall
take place | 14 | | only after the parents have been requested to appear at a
| 15 | | meeting of the board, or with a hearing officer appointed by | 16 | | it, to
discuss their child's behavior. Such request shall be |
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| 1 | | made by registered
or certified mail and shall state the time, | 2 | | place and purpose of the
meeting. The board, or a hearing | 3 | | officer appointed by it, at such
meeting shall state the | 4 | | reasons for dismissal and the date on which the
expulsion is to | 5 | | become effective. If a hearing officer is appointed by
the | 6 | | board he shall report to the board a written summary of the | 7 | | evidence
heard at the meeting and the board may take such | 8 | | action thereon as it
finds appropriate. An expelled pupil may | 9 | | be immediately transferred to an alternative program in the | 10 | | manner provided in Article 13A or 13B of this Code. A pupil | 11 | | must not be denied transfer because of the expulsion, except in | 12 | | cases in which such transfer is deemed to cause a threat to the | 13 | | safety of students or staff in the alternative program.
| 14 | | (b) To suspend or by policy to authorize the superintendent | 15 | | of
the district or the principal, assistant principal, or dean | 16 | | of students
of any school to suspend pupils guilty of gross | 17 | | disobedience or misconduct, or
to suspend pupils guilty of | 18 | | gross disobedience or misconduct on the school bus
from riding | 19 | | the school bus, or to suspend pupils as provided in subsection | 20 | | (d-10) of this Section, and no action
shall lie against them | 21 | | for such suspension. The board may by policy
authorize the | 22 | | superintendent of the district or the principal, assistant
| 23 | | principal, or dean of students of any
school to suspend pupils | 24 | | guilty of such acts for a period not to exceed
10 school days. | 25 | | If a pupil is suspended due to gross disobedience or misconduct
| 26 | | on a school bus, the board may suspend the pupil in excess of |
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| 1 | | 10
school
days for safety reasons. Any suspension shall be | 2 | | reported immediately to the
parents or guardian of such pupil | 3 | | along with a full statement of the
reasons for such suspension | 4 | | and a notice of their right to a review. The school board must | 5 | | be given a summary of the notice, including the reason for the | 6 | | suspension and the suspension length. Upon request of the
| 7 | | parents or guardian the school board or a hearing officer | 8 | | appointed by
it shall review such action of the superintendent | 9 | | or principal, assistant
principal, or dean of students. At such
| 10 | | review the parents or guardian of the pupil may appear and | 11 | | discuss the
suspension with the board or its hearing officer. | 12 | | If a hearing officer
is appointed by the board he shall report | 13 | | to the board a written summary
of the evidence heard at the | 14 | | meeting. After its hearing or upon receipt
of the written | 15 | | report of its hearing officer, the board may take such
action | 16 | | as it finds appropriate. A pupil who is suspended in excess of | 17 | | 20 school days may be immediately transferred to an alternative | 18 | | program in the manner provided in Article 13A or 13B of this | 19 | | Code. A pupil must not be denied transfer because of the | 20 | | suspension, except in cases in which such transfer is deemed to | 21 | | cause a threat to the safety of students or staff in the | 22 | | alternative program.
| 23 | | (c) The Department of Human Services
shall be invited to | 24 | | send a representative to consult with the board at
such meeting | 25 | | whenever there is evidence that mental illness may be the
cause | 26 | | for expulsion or suspension.
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| 1 | | (d) The board may expel a student for a definite period of | 2 | | time not to
exceed 2 calendar years, as determined on a | 3 | | case-by-case case by case basis.
A student who
is determined to | 4 | | have brought one of the following objects to school, any | 5 | | school-sponsored activity
or event, or any activity or event | 6 | | that bears a reasonable relationship to school shall be | 7 | | expelled for a period of not less 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. | 25 | | Expulsion
or suspension
shall be construed in a
manner | 26 | | consistent with the Federal Individuals with Disabilities |
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| 1 | | Education
Act. A student who is subject to suspension or | 2 | | expulsion as provided in this
Section may be eligible for a | 3 | | transfer to an alternative school program in
accordance with | 4 | | Article 13A of the School Code. The provisions of this
| 5 | | subsection (d) apply in all school districts,
including special | 6 | | charter districts and districts organized under Article 34.
| 7 | | (d-5) The board may suspend or by regulation
authorize the | 8 | | superintendent of the district or the principal, assistant
| 9 | | principal, or dean of students of any
school to suspend a | 10 | | student for a period not to exceed
10 school days or may expel | 11 | | a student for a definite period of time not to
exceed 2 | 12 | | calendar years, as determined on a case-by-case case by case | 13 | | basis, if (i) that student has been determined to have made an | 14 | | explicit threat on an Internet website against a school | 15 | | employee, a student, or any school-related personnel, (ii) the | 16 | | Internet website through which the threat was made is a site | 17 | | that was accessible within the school at the time the threat | 18 | | was made or was available to third parties who worked or | 19 | | studied within the school grounds at the time the threat was | 20 | | made, and (iii) the threat could be reasonably interpreted as | 21 | | threatening to the safety and security of the threatened | 22 | | individual because of his or her duties or employment status or | 23 | | status as a student inside the school. The provisions of this
| 24 | | subsection (d-5) apply in all school districts,
including | 25 | | special charter districts and districts organized under | 26 | | Article 34 of this Code.
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| 1 | | (d-10) In this subsection (d-10), "violent felony" means a | 2 | | violent felony as defined in Section 5 of the Medical School | 3 | | Matriculant Criminal History Records Check Act. | 4 | | Subject to subsections (a) and (b) of this Section, the | 5 | | board may suspend or, by policy, authorize the superintendent | 6 | | of the district or the principal, assistant principal, or dean | 7 | | of students of a school to suspend a student for a period not | 8 | | to exceed 10 school days or may expel a student for a definite | 9 | | period of time not to exceed 2 calendar years, as determined on | 10 | | a case-by-case basis, if (i) the student has been convicted of | 11 | | a violent felony and (ii) the board or, as authorized by board | 12 | | policy, the superintendent of the district or the principal, | 13 | | assistant principal, or dean of students of the school | 14 | | determines that the student's continued presence in school | 15 | | would have a substantial detrimental effect on the general | 16 | | welfare of the school. The board may also authorize the | 17 | | superintendent of the district to immediately refer or transfer | 18 | | the student to another attendance center or alternative school, | 19 | | as specified in Article 13A of this Code, if the student has | 20 | | been charged with a violent felony. | 21 | | The provisions of this subsection (d-10) apply in all | 22 | | school districts, including special charter districts and | 23 | | districts organized under Article 34 of this Code. | 24 | | (e) To maintain order and security in the schools, school | 25 | | authorities may
inspect and search places and areas such as | 26 | | lockers, desks, parking lots, and
other school property and |
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| 1 | | equipment owned or controlled by the school, as well
as | 2 | | personal effects left in those places and areas by students, | 3 | | without notice
to or the consent of the student, and without a | 4 | | search warrant. As a matter of
public policy, the General | 5 | | Assembly finds that students have no reasonable
expectation of | 6 | | privacy in these places and areas or in their personal effects
| 7 | | left in these places and areas. School authorities may request | 8 | | the assistance
of law enforcement officials for the purpose of | 9 | | conducting inspections and
searches of lockers, desks, parking | 10 | | lots, and other school property and
equipment owned or | 11 | | controlled by the school for illegal drugs, weapons, or
other
| 12 | | illegal or dangerous substances or materials, including | 13 | | searches conducted
through the use of specially trained dogs. | 14 | | If a search conducted in accordance
with this Section produces | 15 | | evidence that the student has violated or is
violating either | 16 | | the law, local ordinance, or the school's policies or rules,
| 17 | | such evidence may be seized by school authorities, and | 18 | | disciplinary action may
be taken. School authorities may also | 19 | | turn over such evidence to law
enforcement authorities. The | 20 | | provisions of this subsection (e) apply in all
school | 21 | | districts, including special charter districts and districts | 22 | | organized
under Article 34.
| 23 | | (f) Suspension or expulsion may include suspension or | 24 | | expulsion from
school and all school activities and a | 25 | | prohibition from being present on school
grounds.
| 26 | | (g) A school district may adopt a policy providing that if |
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| 1 | | a student
is suspended or expelled for any reason from any | 2 | | public or private school
in this or any other state, the | 3 | | student must complete the entire term of
the suspension or | 4 | | expulsion in an alternative school program under Article 13A of | 5 | | this Code or an alternative learning opportunities program | 6 | | under Article 13B of this Code before being admitted into the | 7 | | school
district if there is no threat to the safety of students | 8 | | or staff in the alternative program. This subsection (g) | 9 | | applies to
all school districts, including special charter | 10 | | districts and districts
organized under Article 34 of this | 11 | | Code.
| 12 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 13 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 14 | | 97-1150, eff. 1-25-13.)
| 15 | | (105 ILCS 5/27A-5)
| 16 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 17 | | (a) A charter school shall be a public, nonsectarian, | 18 | | nonreligious, non-home
based, and non-profit school. A charter | 19 | | school shall be organized and operated
as a nonprofit | 20 | | corporation or other discrete, legal, nonprofit entity
| 21 | | authorized under the laws of the State of Illinois.
| 22 | | (b) A charter school may be established under this Article | 23 | | by creating a new
school or by converting an existing public | 24 | | school or attendance center to
charter
school status.
Beginning | 25 | | on the effective date of this amendatory Act of the 93rd |
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| 1 | | General
Assembly, in all new
applications submitted to the | 2 | | State Board or a local school board to establish
a charter
| 3 | | school in a city having a population exceeding 500,000, | 4 | | operation of the
charter
school shall be limited to one campus. | 5 | | The changes made to this Section by this
amendatory Act
of the | 6 | | 93rd General
Assembly do not apply to charter schools existing | 7 | | or approved on or before the
effective date of this
amendatory | 8 | | Act. | 9 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 10 | | the teaching of courses through online methods with online | 11 | | instructors, rather than the instructor and student being at | 12 | | the same physical location. "Virtual-schooling" includes | 13 | | without limitation instruction provided by full-time, online | 14 | | virtual schools. | 15 | | From April 1, 2013 through April 1, 2014, there is a | 16 | | moratorium on the establishment of charter schools with | 17 | | virtual-schooling components in school districts other than a | 18 | | school district organized under Article 34 of this Code. This | 19 | | moratorium does not apply to a charter school with | 20 | | virtual-schooling components existing or approved prior to | 21 | | April 1, 2013 or to the renewal of the charter of a charter | 22 | | school with virtual-schooling components already approved | 23 | | prior to April 1, 2013. | 24 | | On or before March 1, 2014, the Commission shall submit to | 25 | | the General Assembly a report on the effect of | 26 | | virtual-schooling, including without limitation the effect on |
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| 1 | | student performance, the costs associated with | 2 | | virtual-schooling, and issues with oversight. The report shall | 3 | | include policy recommendations for virtual-schooling.
| 4 | | (c) A charter school shall be administered and governed by | 5 | | its board of
directors or other governing body
in the manner | 6 | | provided in its charter. The governing body of a charter school
| 7 | | shall be subject to the Freedom of Information Act and the Open | 8 | | Meetings Act.
| 9 | | (d) A charter school shall comply with all applicable | 10 | | health and safety
requirements applicable to public schools | 11 | | under the laws of the State of
Illinois.
| 12 | | (e) Except as otherwise provided in the School Code, a | 13 | | charter school shall
not charge tuition; provided that a | 14 | | charter school may charge reasonable fees
for textbooks, | 15 | | instructional materials, and student activities.
| 16 | | (f) A charter school shall be responsible for the | 17 | | management and operation
of its fiscal affairs including,
but | 18 | | not limited to, the preparation of its budget. An audit of each | 19 | | charter
school's finances shall be conducted annually by an | 20 | | outside, independent
contractor retained by the charter | 21 | | school. Annually, by December 1, every charter school must | 22 | | submit to the State Board a copy of its audit and a copy of the | 23 | | Form 990 the charter school filed that year with the federal | 24 | | Internal Revenue Service.
| 25 | | (g) A charter school shall comply with all provisions of | 26 | | this Article, the Illinois Educational Labor Relations Act, and
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| 1 | | its charter. A charter
school is exempt from all other State | 2 | | laws and regulations in the School Code
governing public
| 3 | | schools and local school board policies, except the following:
| 4 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 5 | | regarding criminal
history records checks and checks of the | 6 | | Statewide Sex Offender Database and Statewide Murderer and | 7 | | Violent Offender Against Youth Database of applicants for | 8 | | employment;
| 9 | | (2) Sections 24-24 and 34-84A of the School Code | 10 | | regarding discipline of
students;
| 11 | | (3) The Local Governmental and Governmental Employees | 12 | | Tort Immunity Act;
| 13 | | (4) Section 108.75 of the General Not For Profit | 14 | | Corporation Act of 1986
regarding indemnification of | 15 | | officers, directors, employees, and agents;
| 16 | | (5) The Abused and Neglected Child Reporting Act;
| 17 | | (6) The Illinois School Student Records Act;
| 18 | | (7) Section 10-17a of the School Code regarding school | 19 | | report cards; and
| 20 | | (8) The P-20 Longitudinal Education Data System Act ; | 21 | | and . | 22 | | (9) Subsection (d-10) of Section 10-22.6 of the School | 23 | | Code regarding students charged with or convicted of a | 24 | | violent felony. | 25 | | The change made by Public Act 96-104 to this subsection (g) | 26 | | is declaratory of existing law. |
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| 1 | | (h) A charter school may negotiate and contract with a | 2 | | school district, the
governing body of a State college or | 3 | | university or public community college, or
any other public or | 4 | | for-profit or nonprofit private entity for: (i) the use
of a | 5 | | school building and grounds or any other real property or | 6 | | facilities that
the charter school desires to use or convert | 7 | | for use as a charter school site,
(ii) the operation and | 8 | | maintenance thereof, and
(iii) the provision of any service, | 9 | | activity, or undertaking that the charter
school is required to | 10 | | perform in order to carry out the terms of its charter.
| 11 | | However, a charter school
that is established on
or
after the | 12 | | effective date of this amendatory Act of the 93rd General
| 13 | | Assembly and that operates
in a city having a population | 14 | | exceeding
500,000 may not contract with a for-profit entity to
| 15 | | manage or operate the school during the period that commences | 16 | | on the
effective date of this amendatory Act of the 93rd | 17 | | General Assembly and
concludes at the end of the 2004-2005 | 18 | | school year.
Except as provided in subsection (i) of this | 19 | | Section, a school district may
charge a charter school | 20 | | reasonable rent for the use of the district's
buildings, | 21 | | grounds, and facilities. Any services for which a charter | 22 | | school
contracts
with a school district shall be provided by | 23 | | the district at cost. Any services
for which a charter school | 24 | | contracts with a local school board or with the
governing body | 25 | | of a State college or university or public community college
| 26 | | shall be provided by the public entity at cost.
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| 1 | | (i) In no event shall a charter school that is established | 2 | | by converting an
existing school or attendance center to | 3 | | charter school status be required to
pay rent for space
that is | 4 | | deemed available, as negotiated and provided in the charter | 5 | | agreement,
in school district
facilities. However, all other | 6 | | costs for the operation and maintenance of
school district | 7 | | facilities that are used by the charter school shall be subject
| 8 | | to negotiation between
the charter school and the local school | 9 | | board and shall be set forth in the
charter.
| 10 | | (j) A charter school may limit student enrollment by age or | 11 | | grade level.
| 12 | | (k) If the charter school is approved by the Commission, | 13 | | then the Commission charter school is its own local education | 14 | | agency. | 15 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 16 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| 17 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 18 | | Sec. 34-19. By-laws, rules and regulations; business | 19 | | transacted at
regular meetings; voting; records. The board | 20 | | shall, subject to the limitations
in this Article, establish | 21 | | by-laws, rules and regulations, which shall have the
force of | 22 | | ordinances, for the proper maintenance of a uniform system of
| 23 | | discipline for both employees and pupils, and for the entire | 24 | | management of the
schools, and may fix the school age of | 25 | | pupils, the minimum of which in
kindergartens shall not be |
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| 1 | | under 4 years, except that, based upon an assessment of the | 2 | | child's readiness, children who have attended a non-public | 3 | | preschool and continued their education at that school through | 4 | | kindergarten, were taught in kindergarten by an appropriately | 5 | | certified teacher, and will attain the age of 6 years on or | 6 | | before December 31 of the year of the 2009-2010 school term and | 7 | | each school term thereafter may attend first grade upon | 8 | | commencement of such term, and in grade schools shall not be
| 9 | | under 6 years. It may expel, suspend or, subject to the | 10 | | limitations of all
policies established or adopted under | 11 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 12 | | gross disobedience, misconduct or other violation of the
| 13 | | by-laws, rules and regulations, including gross disobedience | 14 | | or misconduct perpetuated by electronic means , and may expel, | 15 | | suspend, or transfer pupils as provided in subsection (d-10) of | 16 | | Section 10-22.6 of this Code . An expelled pupil may be | 17 | | immediately transferred to an alternative program in the manner | 18 | | provided in Article 13A or 13B of this Code. A pupil must not | 19 | | be denied transfer because of the expulsion, except in cases in | 20 | | which such transfer is deemed to cause a threat to the safety | 21 | | of students or staff in the alternative program. A pupil who is | 22 | | suspended in excess of 20 school days may be immediately | 23 | | transferred to an alternative program in the manner provided in | 24 | | Article 13A or 13B of this Code. A pupil must not be denied | 25 | | transfer because of the suspension, except in cases in which | 26 | | such transfer is deemed to cause a threat to the safety of |
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| 1 | | students or staff in the alternative program. The bylaws, rules | 2 | | and regulations of the board
shall be enacted, money shall be | 3 | | appropriated or expended, salaries shall be
fixed or changed, | 4 | | and textbooks, electronic textbooks, and courses of | 5 | | instruction shall be adopted or
changed only at the regular | 6 | | meetings of the board and by a vote of a
majority of the full | 7 | | membership of the board; provided that
notwithstanding any | 8 | | other provision of this Article or the School Code,
neither the | 9 | | board or any local school council may purchase any textbook for | 10 | | use in any public school of the
district from any textbook | 11 | | publisher that fails to furnish any computer
diskettes as | 12 | | required under Section 28-21. Funds appropriated for textbook | 13 | | purchases must be available for electronic textbook purchases | 14 | | and the technological equipment necessary to gain access to and | 15 | | use electronic textbooks at the local school council's | 16 | | discretion. The board shall be further
encouraged to provide | 17 | | opportunities for public hearing and testimony before
the | 18 | | adoption of bylaws, rules and regulations. Upon all | 19 | | propositions
requiring for their adoption at least a majority | 20 | | of all the members of the
board the yeas and nays shall be | 21 | | taken and reported. The by-laws, rules and
regulations of the | 22 | | board shall not be repealed, amended or added to, except
by a | 23 | | 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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| 1 | | 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
| 5 | | 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. | 8 | | 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). | 22 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 23 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 24 | | 7-13-12.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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