Full Text of SB3004 98th General Assembly
SB3004sam002 98TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/7/2014
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| 1 | | AMENDMENT TO SENATE BILL 3004
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3004, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Sections | 6 | | 10-20.14, 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 | 9 | | advisory
committee.
| 10 | | (a) To establish and maintain
a parent-teacher advisory | 11 | | committee to develop with the school board or governing body of | 12 | | all elementary and secondary schools, charter schools, special | 13 | | charter districts, and alternative schools organized under | 14 | | Article 13A of this Code
policy guidelines on pupil discipline, | 15 | | including school searches and bullying prevention as set forth | 16 | | in Section 27-23.7 of this Code. The committee shall , to
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| 1 | | furnish a copy of the
policy to the parents or guardian of each | 2 | | pupil within 15 days after
the beginning of the school year, or | 3 | | within 15 days after starting classes
for a pupil who transfers | 4 | | into the district during the school year, and the school board | 5 | | shall to
require that each school inform informs its pupils of | 6 | | the contents of the its policy.
School boards, along with the | 7 | | parent-teacher advisory committee, must are
encouraged to | 8 | | annually review their pupil discipline policies, the
| 9 | | implementation of those policies, and any other factors related | 10 | | to the safety
of their
schools, pupils, and staff.
| 11 | | (a-5) On or before January 1, 2015, the student discipline | 12 | | policy of each elementary and secondary school, charter school, | 13 | | special charter district, and alternative school organized | 14 | | under Article 13A of this Code, shall, at a minimum, create | 15 | | pupil discipline policies that fulfill the requirements set | 16 | | forth in this Section, subsections (a) and (b) of Section | 17 | | 10-22.6 of this Code, Section 34-19 of this Code, and federal | 18 | | and State laws that provide special requirements for the | 19 | | discipline of students with disabilities. | 20 | | (b) The parent-teacher advisory
committee in cooperation | 21 | | with local law enforcement agencies shall develop,
with the | 22 | | school board, policy guideline procedures to
establish
and | 23 | | maintain a reciprocal reporting system between the school | 24 | | district and
local law enforcement agencies regarding criminal | 25 | | offenses committed by
students. School districts are | 26 | | encouraged to create memoranda of understanding with local law |
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| 1 | | enforcement agencies that clearly define law enforcement's | 2 | | role in schools, in accordance with Section 10-22.6 of this | 3 | | Code.
| 4 | | (c) The parent-teacher advisory committee, in cooperation | 5 | | with school bus
personnel, shall develop, with the school | 6 | | board, policy guideline procedures to
establish and maintain | 7 | | school bus safety procedures. These procedures shall be
| 8 | | incorporated into the district's pupil discipline policy.
| 9 | | (d) The school board, in consultation with the | 10 | | parent-teacher
advisory committee and other community-based | 11 | | organizations, must include
provisions in the student | 12 | | discipline
policy to address students who have demonstrated | 13 | | behaviors that put them at
risk for aggressive behavior, | 14 | | including without limitation bullying, as
defined in the | 15 | | policy. These provisions must include
procedures for notifying | 16 | | parents or legal guardians and
early intervention procedures
| 17 | | based 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 | 21 | | searches.
| 22 | | (a) To expel pupils guilty of gross disobedience or | 23 | | misconduct, including gross disobedience or misconduct | 24 | | perpetuated by electronic means , and
no action shall lie | 25 | | against them for such expulsion. Expulsion shall
take place |
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| 1 | | only after the parents have been requested to appear at a
| 2 | | meeting of the board, or with a hearing officer appointed by | 3 | | it, to
discuss their child's behavior. Such request shall be | 4 | | made by registered
or certified mail and shall state the time, | 5 | | place and purpose of the
meeting. The board, or a hearing | 6 | | officer appointed by it, at such
meeting shall state the | 7 | | reasons for dismissal and the date on which the
expulsion is to | 8 | | become effective. If a hearing officer is appointed by
the | 9 | | board he shall report to the board a written summary of the | 10 | | evidence
heard at the meeting and the board may take such | 11 | | action thereon as it
finds appropriate. If the board orders the | 12 | | expulsion of a pupil, the written expulsion order shall detail | 13 | | the specific reasons why removing the pupil from the learning | 14 | | environment is in the best interest of the school. The | 15 | | expulsion order shall also include a rationale as to the | 16 | | specific duration of the expulsion. 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.
| 22 | | (b) To suspend or by policy to authorize the superintendent | 23 | | of
the district or the principal, assistant principal, or dean | 24 | | of students
of any school to suspend pupils guilty of gross | 25 | | disobedience or misconduct, or
to suspend pupils guilty of | 26 | | gross disobedience or misconduct on the school bus
from riding |
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| 1 | | the school bus, and no action
shall lie against them for such | 2 | | suspensions suspension . The board may by policy
authorize the | 3 | | superintendent of the district or the principal, assistant
| 4 | | principal, or dean of students of any
school to suspend pupils | 5 | | guilty of such acts for a period not to exceed
10 school days. | 6 | | If a student is suspended from the school bus but does not have | 7 | | alternative transportation to school, then the school shall | 8 | | provide the student with educational services for the duration | 9 | | of the suspension. These services shall include, at a minimum, | 10 | | that the student be provided a full opportunity to earn | 11 | | equivalent academic credit during the suspension period. The | 12 | | student shall receive daily classwork and assignments from each | 13 | | teacher, the student must be allowed to make up assignments and | 14 | | earn equivalent credits, and the student's work must be | 15 | | reviewed and graded, without penalty, by his or her teachers on | 16 | | a weekly basis and returned to him or her. The student's school | 17 | | shall designate a school staff person to serve as the liaison | 18 | | between the student and all relevant teachers and to ensure | 19 | | that these requirements are met. If a pupil is suspended due to | 20 | | gross disobedience or misconduct
on a school bus, the board may | 21 | | suspend the pupil in excess of 10
school
days for safety | 22 | | reasons. Any suspension shall be reported immediately to the
| 23 | | parents or guardian of a such pupil along with a full statement | 24 | | of the
reasons for such suspension and a notice of their right | 25 | | to a review. The school board must be given a summary of the | 26 | | notice, including the reason for the suspension and the |
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| 1 | | suspension length. Upon request of the
parents or guardian the | 2 | | school board or a hearing officer appointed by
it shall review | 3 | | such action of the superintendent or principal, assistant
| 4 | | principal, or dean of students. At such
review the parents or | 5 | | guardian of the pupil may appear and discuss the
suspension | 6 | | with the board or its hearing officer. If a hearing officer
is | 7 | | appointed by the board he shall report to the board a written | 8 | | summary
of the evidence heard at the meeting. After its hearing | 9 | | or upon receipt
of the written report of its hearing officer, | 10 | | the board may take such
action as it finds appropriate. If a | 11 | | student is suspended pursuant to this subsection (b), the | 12 | | authorized administrator or board shall, in the written | 13 | | suspension order, detail the specific reasons why removing the | 14 | | pupil from the learning environment is in the best interest of | 15 | | the school. The suspension order shall also include rationale | 16 | | as to the specific duration of the suspension. A pupil who is | 17 | | suspended in excess of 20 school days may be immediately | 18 | | transferred to an alternative program in the manner provided in | 19 | | Article 13A or 13B of this Code. A pupil must not be denied | 20 | | transfer because of the suspension, except in cases in which | 21 | | such transfer is deemed to cause a threat to the safety of | 22 | | students or staff in the alternative program.
| 23 | | (b-5) Among the many possible disciplinary interventions | 24 | | and consequences available to school officials, school | 25 | | exclusions, such as out-of-school suspensions and expulsions, | 26 | | are the most serious. School officials shall limit the number |
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| 1 | | and duration of expulsions and suspensions to the greatest | 2 | | extent practicable and are recommended to use them only for | 3 | | legitimate educational purposes and not as punishment. | 4 | | (b-10) Unless otherwise required by federal law or this | 5 | | Code, school boards may not institute zero-tolerance policies | 6 | | by which school administrators are required to suspend or expel | 7 | | students for particular behaviors, regardless of the gravity of | 8 | | behavior, mitigating circumstances, or the situational | 9 | | context. | 10 | | (b-15) Out-of-school suspensions of 3 days or less may only | 11 | | be used if the student's continuing presence in school would | 12 | | pose a threat to school safety or a disruption to other | 13 | | students' learning opportunities. For purposes of this | 14 | | subsection (b-15), "threat to school safety or a disruption to | 15 | | other students' learning opportunities" shall be determined on | 16 | | a case-by-case basis by the school board or its designee. | 17 | | School officials shall make all reasonable efforts to resolve | 18 | | such threats and minimize the length of suspensions to the | 19 | | greatest extent practicable. | 20 | | (b-20) Unless otherwise required by this Code, | 21 | | out-of-school suspensions of longer than 3 days may only be | 22 | | used if the student has committed an act of gross disobedience | 23 | | or misconduct, the student's continuing presence in school | 24 | | would pose an ongoing threat to the physical safety of other | 25 | | students or staff, and other appropriate behavioral and | 26 | | disciplinary interventions have been exhausted. For purposes |
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| 1 | | of this subsection (b-20), "ongoing threat to the physical | 2 | | safety of other students or staff" shall be determined on a | 3 | | case-by-case basis by the school board or its designee. School | 4 | | officials shall make all reasonable efforts to resolve such | 5 | | threats and minimize the length of student exclusions to the | 6 | | greatest extent practicable. For purposes of this subsection | 7 | | (b-20), the determination of whether "appropriate behavioral | 8 | | and disciplinary interventions have been exhausted" shall be | 9 | | made by the school board or its designee. Within the suspension | 10 | | order described in subsection (b) of this Section, it shall be | 11 | | documented whether other interventions were attempted or | 12 | | whether it was determined that there were no other appropriate | 13 | | interventions. | 14 | | (b-25) Unless otherwise required by this Code, expulsions | 15 | | and disciplinary removals to alternative schools may only be | 16 | | used if the student has committed an act of gross disobedience | 17 | | or misconduct; the act involved the distribution of illegal | 18 | | drugs or controlled substances to other students, weapons, or | 19 | | other destructive devices, sexual assault, or the use of | 20 | | physical violence against another student or staff member that | 21 | | resulted in physical injury to that person, or knowingly | 22 | | putting another student or staff member at risk of serious | 23 | | bodily injury or death; the student's continuing presence in | 24 | | school would pose an ongoing threat to the physical safety of | 25 | | other students or staff; and other appropriate behavioral and | 26 | | disciplinary interventions have been exhausted. For purposes |
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| 1 | | of this subsection (b-25), "ongoing threat to the physical | 2 | | safety of other students or staff" shall be determined on a | 3 | | case-by-case basis by the school board or its designee. School | 4 | | officials shall make all reasonable efforts to resolve such | 5 | | threats and minimize the length of student exclusions to the | 6 | | greatest extent practicable. For purposes of this subsection | 7 | | (b-25), the determination of whether "appropriate behavioral | 8 | | and disciplinary interventions have been exhausted" shall be | 9 | | made by the school board or its designee. Within the expulsion | 10 | | order described in subsection (a) of this Section, it shall be | 11 | | documented whether other interventions were attempted or | 12 | | whether it was determined that there were no other appropriate | 13 | | interventions. | 14 | | (b-30) Students who are suspended out-of-school for longer | 15 | | than 3 days, expelled, or removed to an alternative setting for | 16 | | disciplinary reasons shall be provided appropriate behavioral | 17 | | support services that the school district has available. For | 18 | | purposes of this subsection (b-30), the determination of | 19 | | whether "appropriate behavioral support services" will be | 20 | | provided shall be made by the school board or its designee. | 21 | | Within the suspension order described in subsection (b) of this | 22 | | Section, it shall be documented whether such services will be | 23 | | provided or whether it was determined that there are no such | 24 | | appropriate services. | 25 | | (b-35) Students who are suspended or expelled and have not | 26 | | been admitted to another school shall continue to be provided |
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| 1 | | educational services to promote their successful return to | 2 | | their regular school. These services shall include, at a | 3 | | minimum, that each suspended or expelled student be provided a | 4 | | full opportunity to earn equivalent academic credit during the | 5 | | suspension or expulsion period. Suspended or expelled students | 6 | | not placed in an alternative education program shall receive | 7 | | daily classwork and assignments from each teacher and shall be | 8 | | allowed to make up assignments and earn equivalent credits, and | 9 | | their work shall be reviewed and graded, without penalty, by | 10 | | their teachers on a weekly basis and returned to them. The | 11 | | suspended or expelled student's school shall designate a school | 12 | | staff person to serve as the liaison between the student and | 13 | | all relevant teachers and ensure that these requirements are | 14 | | met. | 15 | | (c) The Department of Human Services
shall be invited to | 16 | | send a representative to consult with the board at
such meeting | 17 | | whenever there is evidence that mental illness may be the
cause | 18 | | for expulsion or suspension.
| 19 | | (c-5) School districts shall make all reasonable efforts to | 20 | | provide professional development to teachers, administrators, | 21 | | school board members, school resource officers, and staff on | 22 | | the adverse consequences of school exclusion and | 23 | | justice-system involvement, effective classroom management | 24 | | strategies, culturally responsive discipline, and | 25 | | developmentally appropriate disciplinary methods that promote | 26 | | positive and healthy school climates. |
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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 case by | 3 | | case basis.
A student who
is determined to have brought one of | 4 | | the following objects to school, any school-sponsored activity
| 5 | | or event, or any activity or event that bears a reasonable | 6 | | relationship to school shall be expelled for a period of not | 7 | | 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 basis, if (i) | 13 | | that student has been determined to have made an explicit | 14 | | threat on an Internet website against a school employee, a | 15 | | student, or any school-related personnel, (ii) the Internet | 16 | | website through which the threat was made is a site that was | 17 | | accessible within the school at the time the threat was made or | 18 | | was available to third parties who worked or studied within the | 19 | | school grounds at the time the threat was made, and (iii) the | 20 | | threat could be reasonably interpreted as threatening to the | 21 | | safety and security of the threatened individual because of his | 22 | | or her duties or employment status or status as a student | 23 | | inside the school. The provisions of this
subsection (d-5) | 24 | | apply in all school districts,
including special charter | 25 | | districts and districts organized under Article 34 of this | 26 | | Code.
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| 1 | | (e) To maintain order and security in the schools, school | 2 | | authorities may
inspect and search places and areas such as | 3 | | lockers, desks, parking lots, and
other school property and | 4 | | equipment owned or controlled by the school, as well
as | 5 | | personal effects left in those places and areas by students, | 6 | | without notice
to or the consent of the student, and without a | 7 | | search warrant. As a matter of
public policy, the General | 8 | | Assembly finds that students have no reasonable
expectation of | 9 | | privacy in these places and areas or in their personal effects
| 10 | | left in these places and areas. School authorities may request | 11 | | the assistance
of law enforcement officials for the purpose of | 12 | | conducting inspections and
searches of lockers, desks, parking | 13 | | lots, and other school property and
equipment owned or | 14 | | controlled by the school for illegal drugs, weapons, or
other
| 15 | | illegal or dangerous substances or materials, including | 16 | | searches conducted
through the use of specially trained dogs. | 17 | | If a search conducted in accordance
with this Section produces | 18 | | evidence that the student has violated or is
violating either | 19 | | the law, local ordinance, or the school's policies or rules,
| 20 | | such evidence may be seized by school authorities, and | 21 | | disciplinary action may
be taken. School authorities may also | 22 | | turn over such evidence to law
enforcement authorities. The | 23 | | provisions of this subsection (e) apply in all
school | 24 | | districts, including special charter districts and districts | 25 | | organized
under Article 34.
| 26 | | (f) Suspension or expulsion may include suspension or |
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| 1 | | expulsion from
school and all school activities and a | 2 | | prohibition from being present on school
grounds.
| 3 | | (g) A school district may adopt a policy providing that if | 4 | | a student
is suspended or expelled for any reason from any | 5 | | public or private school
in this or any other state, the | 6 | | student must complete the entire term of
the suspension or | 7 | | expulsion in an alternative school program under Article 13A of | 8 | | this Code or an alternative learning opportunities program | 9 | | under Article 13B of this Code before being admitted into the | 10 | | school
district if there is no threat to the safety of students | 11 | | or staff in the alternative program . This subsection (g) | 12 | | applies to
all school districts, including special charter | 13 | | districts and districts
organized under Article 34 of this | 14 | | Code.
| 15 | | (h) All incidents resulting in an out-of-school suspension | 16 | | longer than 3 days, expulsion, removal to an alternative | 17 | | setting, school-based arrest, or school-based criminal | 18 | | citation shall be documented in a written report that includes | 19 | | a detailed description of the behavior at issue and an | 20 | | explanation of why the actions taken were necessary. These | 21 | | individual reports shall be immediately provided to the parent | 22 | | or guardian of the student and shall be compiled by each school | 23 | | district into an annual summary report that is available for | 24 | | public review. The annual report shall not include any | 25 | | information that would violate either requirements of the | 26 | | Illinois School Student Records Act or federal law or allow for |
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| 1 | | an individual student to be identified. | 2 | | (i) School officials shall not advise or encourage students | 3 | | to disenroll from school voluntarily due to behavioral or | 4 | | academic difficulties. | 5 | | (j) A student may not be issued a monetary fine or fee as a | 6 | | disciplinary consequence. | 7 | | (k) Subsections (a) through (j) of this Section shall apply | 8 | | to each elementary and secondary school, charter school, | 9 | | special charter district, and alternative school organized | 10 | | under Article 13A of this Code and school districts organized | 11 | | under Article 34 of this 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 5/13A-11)
| 16 | | Sec. 13A-11. Chicago public schools.
| 17 | | (a) The Chicago Board of Education may
establish | 18 | | alternative schools within Chicago and may contract with third
| 19 | | parties for services otherwise performed by employees, | 20 | | including those in a
bargaining unit, in accordance with | 21 | | Sections 34-8.1, 34-18, and 34-49.
| 22 | | (b) Alternative schools operated by third parties within | 23 | | Chicago shall be
exempt from all provisions of this the School | 24 | | Code, except provisions concerning:
| 25 | | (1) student Student civil rights;
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| 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, | 16 | | nonreligious, non-home
based, and non-profit school. A charter | 17 | | school shall be organized and operated
as a nonprofit | 18 | | corporation or other discrete, legal, nonprofit entity
| 19 | | authorized under the laws of the State of Illinois.
| 20 | | (b) A charter school may be established under this Article | 21 | | by creating a new
school or by converting an existing public | 22 | | school or attendance center to
charter
school status.
Beginning | 23 | | on the effective date of this amendatory Act of the 93rd | 24 | | General
Assembly, in all new
applications submitted to the | 25 | | State Board or a local school board to establish
a charter
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| 1 | | school in a city having a population exceeding 500,000, | 2 | | operation of the
charter
school shall be limited to one campus. | 3 | | The changes made to this Section by this
amendatory Act
of the | 4 | | 93rd General
Assembly do not apply to charter schools existing | 5 | | or approved on or before the
effective date of this
amendatory | 6 | | Act. | 7 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 8 | | the teaching of courses through online methods with online | 9 | | instructors, rather than the instructor and student being at | 10 | | the same physical location. "Virtual-schooling" includes | 11 | | without limitation instruction provided by full-time, online | 12 | | virtual schools. | 13 | | From April 1, 2013 through April 1, 2014, there is a | 14 | | moratorium on the establishment of charter schools with | 15 | | virtual-schooling components in school districts other than a | 16 | | school district organized under Article 34 of this Code. This | 17 | | moratorium does not apply to a charter school with | 18 | | virtual-schooling components existing or approved prior to | 19 | | April 1, 2013 or to the renewal of the charter of a charter | 20 | | school with virtual-schooling components already approved | 21 | | prior to April 1, 2013. | 22 | | On or before March 1, 2014, the Commission shall submit to | 23 | | the General Assembly a report on the effect of | 24 | | virtual-schooling, including without limitation the effect on | 25 | | student performance, the costs associated with | 26 | | virtual-schooling, and issues with oversight. The report shall |
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| 1 | | include policy recommendations for virtual-schooling.
| 2 | | (c) A charter school shall be administered and governed by | 3 | | its board of
directors or other governing body
in the manner | 4 | | provided in its charter. The governing body of a charter school
| 5 | | shall be subject to the Freedom of Information Act and the Open | 6 | | Meetings Act.
| 7 | | (d) A charter school shall comply with all applicable | 8 | | health and safety
requirements applicable to public schools | 9 | | under the laws of the State of
Illinois.
| 10 | | (e) Except as otherwise provided in the School Code, a | 11 | | charter school shall
not charge tuition; provided that a | 12 | | charter school may charge reasonable fees
for textbooks, | 13 | | instructional materials, and student activities.
| 14 | | (f) A charter school shall be responsible for the | 15 | | management and operation
of its fiscal affairs including,
but | 16 | | not limited to, the preparation of its budget. An audit of each | 17 | | charter
school's finances shall be conducted annually by an | 18 | | outside, independent
contractor retained by the charter | 19 | | school. Annually, by December 1, every charter school must | 20 | | submit to the State Board a copy of its audit and a copy of the | 21 | | Form 990 the charter school filed that year with the federal | 22 | | Internal Revenue Service.
| 23 | | (g) A charter school shall comply with all provisions of | 24 | | this Article, the Illinois Educational Labor Relations Act, and
| 25 | | its charter. A charter
school is exempt from all other State | 26 | | laws and regulations in this the School Code
governing public
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| 1 | | schools 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) | 21 | | is declaratory of existing law. | 22 | | (h) A charter school may negotiate and contract with a | 23 | | school district, the
governing body of a State college or | 24 | | university or public community college, or
any other public or | 25 | | for-profit or nonprofit private entity for: (i) the use
of a | 26 | | school building and grounds or any other real property or |
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| 1 | | facilities that
the charter school desires to use or convert | 2 | | for use as a charter school site,
(ii) the operation and | 3 | | maintenance thereof, and
(iii) the provision of any service, | 4 | | activity, or undertaking that the charter
school is required to | 5 | | perform in order to carry out the terms of its charter.
| 6 | | However, a charter school
that is established on
or
after the | 7 | | effective date of this amendatory Act of the 93rd General
| 8 | | Assembly and that operates
in a city having a population | 9 | | exceeding
500,000 may not contract with a for-profit entity to
| 10 | | manage or operate the school during the period that commences | 11 | | on the
effective date of this amendatory Act of the 93rd | 12 | | General Assembly and
concludes at the end of the 2004-2005 | 13 | | school year.
Except as provided in subsection (i) of this | 14 | | Section, a school district may
charge a charter school | 15 | | reasonable rent for the use of the district's
buildings, | 16 | | grounds, and facilities. Any services for which a charter | 17 | | school
contracts
with a school district shall be provided by | 18 | | the district at cost. Any services
for which a charter school | 19 | | contracts with a local school board or with the
governing body | 20 | | of a State college or university or public community college
| 21 | | shall be provided by the public entity at cost.
| 22 | | (i) In no event shall a charter school that is established | 23 | | by converting an
existing school or attendance center to | 24 | | charter school status be required to
pay rent for space
that is | 25 | | deemed available, as negotiated and provided in the charter | 26 | | agreement,
in school district
facilities. However, all other |
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| 1 | | costs for the operation and maintenance of
school district | 2 | | facilities that are used by the charter school shall be subject
| 3 | | to negotiation between
the charter school and the local school | 4 | | board and shall be set forth in the
charter.
| 5 | | (j) A charter school may limit student enrollment by age or | 6 | | grade level.
| 7 | | (k) If the charter school is approved by the Commission, | 8 | | then the Commission charter school is its own local education | 9 | | agency. | 10 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 11 | | 97-813, 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 | 14 | | transacted at
regular meetings; voting; records. The board | 15 | | shall, subject to the limitations
in this Article, establish | 16 | | by-laws, rules and regulations, which shall have the
force of | 17 | | ordinances, for the proper maintenance of a uniform system of
| 18 | | discipline for both employees and pupils, and for the entire | 19 | | management of the
schools, and may fix the school age of | 20 | | pupils, the minimum of which in
kindergartens shall not be | 21 | | under 4 years, except that, based upon an assessment of the | 22 | | child's readiness, children who have attended a non-public | 23 | | preschool and continued their education at that school through | 24 | | kindergarten, were taught in kindergarten by an appropriately | 25 | | certified teacher, and will attain the age of 6 years on or |
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| 1 | | before December 31 of the year of the 2009-2010 school term and | 2 | | each school term thereafter may attend first grade upon | 3 | | commencement of such term, and in grade schools shall not be
| 4 | | under 6 years. It may expel, suspend or, subject to the | 5 | | limitations of all
policies established or adopted under | 6 | | Sections 10-22.6 and Section 14-8.05, otherwise discipline any
| 7 | | pupil found guilty of violating gross disobedience, misconduct | 8 | | or other violation of the
by-laws, rules , and regulations , | 9 | | including gross disobedience or misconduct perpetuated by | 10 | | electronic means . An expelled pupil may be immediately | 11 | | transferred to an alternative program in the manner provided in | 12 | | Article 13A or 13B of this Code. A pupil must not be denied | 13 | | transfer because of the expulsion, except in cases in which | 14 | | such transfer is deemed to cause a threat to the safety of | 15 | | students or staff in the alternative program. A pupil who is | 16 | | suspended in excess of 20 school days may be immediately | 17 | | transferred to an alternative program in the manner provided in | 18 | | Article 13A or 13B of this Code. A pupil must not be denied | 19 | | transfer because of the suspension, except in cases in which | 20 | | such transfer is deemed to cause a threat to the safety of | 21 | | students or staff in the alternative program. The bylaws, rules | 22 | | and regulations of the board
shall be enacted, money shall be | 23 | | appropriated or expended, salaries shall be
fixed or changed, | 24 | | and textbooks, electronic textbooks, and courses of | 25 | | instruction shall be adopted or
changed only at the regular | 26 | | meetings of the board and by a vote of a
majority of the full |
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| 1 | | membership of the board; provided that
notwithstanding any | 2 | | other provision of this Article or the School Code,
neither the | 3 | | board or any local school council may purchase any textbook for | 4 | | use in any public school of the
district from any textbook | 5 | | publisher that fails to furnish any computer
diskettes as | 6 | | required under Section 28-21. Funds appropriated for textbook | 7 | | purchases must be available for electronic textbook purchases | 8 | | and the technological equipment necessary to gain access to and | 9 | | use electronic textbooks at the local school council's | 10 | | discretion. The board shall be further
encouraged to provide | 11 | | opportunities for public hearing and testimony before
the | 12 | | adoption of bylaws, rules and regulations. Upon all | 13 | | propositions
requiring for their adoption at least a majority | 14 | | of all the members of the
board the yeas and nays shall be | 15 | | taken and reported. The by-laws, rules and
regulations of the | 16 | | board shall not be repealed, amended or added to, except
by a | 17 | | vote of 2/3 of the full membership of the board. The board | 18 | | shall keep
a record of all its proceedings. Such records and | 19 | | all
by-laws, rules and regulations, or parts thereof, may be | 20 | | proved by a copy
thereof certified to be such by the secretary | 21 | | of the board, but if they are
printed in book or pamphlet form | 22 | | which are purported to be published by
authority of the board | 23 | | they need not be otherwise published and the book or
pamphlet | 24 | | shall be received as evidence, without further proof, of the
| 25 | | records, by-laws, rules and regulations, or any part thereof, | 26 | | as of the
dates thereof as shown in such book or pamphlet, in |
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| 1 | | all courts and places
where judicial proceedings are had. | 2 | | Notwithstanding any other provision in this Article or in | 3 | | the School
Code, the board may delegate to the general | 4 | | superintendent or to the
attorney the authorities granted to | 5 | | the board in the School Code, provided
such delegation and | 6 | | appropriate oversight procedures are made pursuant to
board | 7 | | by-laws, rules and regulations, adopted as herein provided, | 8 | | except that
the board may not delegate its authorities and | 9 | | responsibilities regarding (1)
budget approval obligations; | 10 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 11 | | real estate acquisition, sale or lease in excess of 10 years
as | 12 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 13 | | mandates
imposed upon the board by "An Act in relation to | 14 | | school reform in cities over
500,000, amending Acts herein | 15 | | named", approved December 12, 1988 (P.A.
85-1418). | 16 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 17 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 18 | | 7-13-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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