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Full Text of HB2682  99th General Assembly

HB2682 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2682

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code with respect to the suspension and expulsion of pupils. Provides for the expulsion of pupils by removing a pupil from a school or educational setting for a period of more than 10 school days for posing a significant threat of imminent serious harm to other pupils or to staff (instead of providing for the expulsion of pupils guilty of gross disobedience or misconduct). Provides for the suspension of pupils by removing a pupil from a school or educational setting for a period of not more than 10 days for a serious act of misconduct (instead of providing for the suspension of pupils guilty of gross disobedience or misconduct); makes related changes. Sets forth limitations on out-of-school suspensions. Requires behavioral support services and alternative educational services to be provided to certain students. Provides that, unless otherwise required by statute for a specific criminal offense, a student may not be arrested or otherwise cited for a criminal offense committed during school hours while on school grounds, in a school vehicle, or at a school activity or school-sanctioned event unless the offense constitutes a felony or the student has committed an identical offense within the preceding 6 months. Requires reports to be made for certain incidents. Provides that students may not be counseled by any school employee to leave school voluntarily in order to avoid formal disciplinary proceedings or because of any other disciplinary concerns. Provides that a student may not be issued a monetary fine or fee as a disciplinary consequence. Provides for charter school and alternative school application.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-22.6, 13A-11, 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
8searches.
9    (a) To expel pupils by removing a pupil from a school or
10educational setting for a period of more than 10 school days
11for posing a significant threat of imminent serious harm to
12other pupils or to staff, guilty of gross disobedience or
13misconduct, including gross disobedience or misconduct
14perpetuated by electronic means, and no action shall lie
15against them for such expulsion. Expulsion shall take place
16only after the parents have been requested to appear at a
17meeting of the board, or with a hearing officer appointed by
18it, to discuss their child's behavior. Such request shall be
19made by registered or certified mail and shall state the time,
20place and purpose of the meeting. The board, or a hearing
21officer appointed by it, at such meeting shall state the
22reasons for dismissal and the date on which the expulsion is to
23become effective. If a hearing officer is appointed by the

 

 

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1board he shall report to the board a written summary of the
2evidence heard at the meeting and the board may take such
3action thereon as it finds appropriate. An expelled pupil may
4be immediately transferred to an alternative program in the
5manner provided in Article 13A or 13B of this Code. A pupil
6must not be denied transfer because of the expulsion, except in
7cases in which such transfer is deemed to cause a threat to the
8safety of students or staff in the alternative program.
9    (b) To suspend or by policy to authorize the superintendent
10of the district or the principal, assistant principal, or dean
11of students of any school to suspend pupils by removing a pupil
12from a school or educational setting for a period of not more
13than 10 school days for a serious act of misconduct guilty of
14gross disobedience or misconduct, or to suspend pupils guilty
15of gross disobedience or misconduct on the school bus from
16riding the school bus for a serious act of misconduct on the
17school bus, and no action shall lie against them for such
18suspensions suspension. The board may by policy authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of such acts for a period not to exceed 10 school days.
22If a pupil is suspended for a serious act of due to gross
23disobedience or misconduct on a school bus, the board may
24suspend the pupil in excess of 10 school days for safety
25reasons. Any suspension shall be reported immediately to the
26parents or guardian of such pupil along with a full statement

 

 

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1of the reasons for such suspension and a notice of their right
2to a review. The school board must be given a summary of the
3notice, including the reason for the suspension and the
4suspension length. Upon request of the parents or guardian the
5school board or a hearing officer appointed by it shall review
6such action of the superintendent or principal, assistant
7principal, or dean of students. At such review the parents or
8guardian of the pupil may appear and discuss the suspension
9with the board or its hearing officer. If a hearing officer is
10appointed by the board he shall report to the board a written
11summary of the evidence heard at the meeting. After its hearing
12or upon receipt of the written report of its hearing officer,
13the board may take such action as it finds appropriate. A pupil
14who is suspended in excess of 20 school days may be immediately
15transferred to an alternative program in the manner provided in
16Article 13A or 13B of this Code. A pupil must not be denied
17transfer because of the suspension, except in cases in which
18such transfer is deemed to cause a threat to the safety of
19students or staff in the alternative program.
20    (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24    (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a case by
26case basis. A student who is determined to have brought one of

 

 

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1the following objects to school, any school-sponsored activity
2or event, or any activity or event that bears a reasonable
3relationship to school shall be expelled for a period of not
4less than one year:
5        (1) A firearm. For the purposes of this Section,
6    "firearm" means any gun, rifle, shotgun, weapon as defined
7    by Section 921 of Title 18 of the United States Code,
8    firearm as defined in Section 1.1 of the Firearm Owners
9    Identification Card Act, or firearm as defined in Section
10    24-1 of the Criminal Code of 2012. The expulsion period
11    under this subdivision (1) may be modified by the
12    superintendent, and the superintendent's determination may
13    be modified by the board on a case-by-case basis.
14        (2) A knife, brass knuckles or other knuckle weapon
15    regardless of its composition, a billy club, or any other
16    object if used or attempted to be used to cause bodily
17    harm, including "look alikes" of any firearm as defined in
18    subdivision (1) of this subsection (d). The expulsion
19    requirement under this subdivision (2) may be modified by
20    the superintendent, and the superintendent's determination
21    may be modified by the board on a case-by-case basis.
22    Expulsion or suspension shall be construed in a manner
23consistent with the Federal Individuals with Disabilities
24Education Act.
25    A student who is subject to suspension or expulsion as
26provided in this Section may be eligible for a transfer to an

 

 

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1alternative school program in accordance with Article 13A of
2the School Code.
3    Out-of-school suspensions of up to 3 school days may be
4used only when necessary to protect the safety of other
5students or staff within the school or to avoid a significant
6disruption of the educational process. A student may not be
7removed from school for longer than 3 school days or removed to
8an alternative setting for disciplinary reasons unless it is
9necessary to avoid a significant threat of imminent serious
10harm to other students or to staff. All school exclusions must
11be limited in duration to the greatest extent practicable.
12    The provisions of this subsection (d) apply in all school
13districts, including special charter districts and districts
14organized under Article 34.
15    (d-5) The board may suspend or by regulation authorize the
16superintendent of the district or the principal, assistant
17principal, or dean of students of any school to suspend a
18student for a period not to exceed 10 school days or may expel
19a student for a definite period of time not to exceed 2
20calendar years, as determined on a case by case basis, if (i)
21that student has been determined to have made an explicit
22threat on an Internet website against a school employee, a
23student, or any school-related personnel, (ii) the Internet
24website through which the threat was made is a site that was
25accessible within the school at the time the threat was made or
26was available to third parties who worked or studied within the

 

 

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1school grounds at the time the threat was made, and (iii) the
2threat could be reasonably interpreted as threatening to the
3safety and security of the threatened individual because of his
4or her duties or employment status or status as a student
5inside the school. The provisions of this subsection (d-5)
6apply in all school districts, including special charter
7districts and districts organized under Article 34 of this
8Code.
9    (e) To maintain order and security in the schools, school
10authorities may inspect and search places and areas such as
11lockers, desks, parking lots, and other school property and
12equipment owned or controlled by the school, as well as
13personal effects left in those places and areas by students,
14without notice to or the consent of the student, and without a
15search warrant. As a matter of public policy, the General
16Assembly finds that students have no reasonable expectation of
17privacy in these places and areas or in their personal effects
18left in these places and areas. School authorities may request
19the assistance of law enforcement officials for the purpose of
20conducting inspections and searches of lockers, desks, parking
21lots, and other school property and equipment owned or
22controlled by the school for illegal drugs, weapons, or other
23illegal or dangerous substances or materials, including
24searches conducted through the use of specially trained dogs.
25If a search conducted in accordance with this Section produces
26evidence that the student has violated or is violating either

 

 

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1the law, local ordinance, or the school's policies or rules,
2such evidence may be seized by school authorities, and
3disciplinary action may be taken. School authorities may also
4turn over such evidence to law enforcement authorities. The
5provisions of this subsection (e) apply in all school
6districts, including special charter districts and districts
7organized under Article 34.
8    (f) Suspension or expulsion may include suspension or
9expulsion from school and all school activities and a
10prohibition from being present on school grounds.
11    (g) A school district may adopt a policy providing that if
12a student is suspended or expelled for any reason from any
13public or private school in this or any other state, the
14student must complete the entire term of the suspension or
15expulsion in an alternative school program under Article 13A of
16this Code or an alternative learning opportunities program
17under Article 13B of this Code before being admitted into the
18school district if there is no threat to the safety of students
19or staff in the alternative program. This subsection (g)
20applies to all school districts, including special charter
21districts and districts organized under Article 34 of this
22Code.
23    (h) Students who are suspended out of school for longer
24than 3 school days or removed to an alternative setting for
25disciplinary reasons must be provided with behavioral support
26services, as well alternative educational services, to promote

 

 

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1their successful return to their regular school. This
2subsection (h) applies to all school districts, including
3special charter districts and districts organized under
4Article 34 of this Code.
5    (i) Unless otherwise required by statute for a specific
6criminal offense, a student may not be arrested or otherwise
7cited for a criminal offense committed during school hours
8while on school grounds, in a school vehicle, or at a school
9activity or school-sanctioned event unless the offense
10constitutes a felony in one of the classes defined in the
11Criminal Code of 2012 or the student has committed an identical
12offense within the preceding 6 months while on school grounds,
13in a school vehicle, or at a school activity or
14school-sanctioned event.
15    Nothing in this subsection (i) shall require the referral
16of a student suspected of committing a felony offense to a law
17enforcement officer or law enforcement agency. School
18employees and officials retain their authority and discretion
19under existing law to address a student's behavior through the
20existing school discipline structure as modified by this
21amendatory Act of the 99th General Assembly.
22    Nothing in this subsection (i) limits the rights and duties
23of teachers, school administrators, other school district
24employees, and law enforcement officers from reporting and
25responding to criminal conduct by any individual who is not a
26student under the school district's jurisdiction.

 

 

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1    This subsection (i) applies to all school districts,
2including special charter districts and districts organized
3under Article 34 of this Code.
4    (j) All incidents resulting in an out-of-school suspension
5longer than 3 days, removal to an alternative setting, arrest,
6or criminal citation must be documented in a written report
7that includes a detailed description of the behavior at issue
8and an explanation of why the actions taken were necessary.
9These individual reports must be immediately provided to the
10parent or guardian of the student and must be complied by each
11school district into an annual summary report that is available
12for public review. This subsection (j) applies to all school
13districts, including special charter districts and districts
14organized under Article 34 of this Code.
15    (k) Students may not be counseled by any school employee to
16leave school voluntarily in order to avoid formal disciplinary
17proceedings or because of any other disciplinary concerns. A
18student may not be issued a monetary fine or fee as a
19disciplinary consequence.
20(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
2197-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
2297-1150, eff. 1-25-13.)
 
23    (105 ILCS 5/13A-11)
24    Sec. 13A-11. Chicago public schools.
25    (a) The Chicago Board of Education may establish

 

 

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1alternative schools within Chicago and may contract with third
2parties for services otherwise performed by employees,
3including those in a bargaining unit, in accordance with
4Sections 34-8.1, 34-18, and 34-49.
5    (b) Alternative schools operated by third parties within
6Chicago shall be exempt from all provisions of this Code,
7except provisions concerning:
8        (1) student civil rights;
9        (2) staff civil rights;
10        (3) health and safety;
11        (4) performance and financial audits;
12        (5) the assessments required under Section 2-3.64a-5
13    of this Code;
14        (6) Chicago learning outcomes;
15        (7) Sections 2-3.25a through 2-3.25j of this Code;
16        (8) the Inspector General; and
17        (9) Section 34-2.4b of this Code; and .
18        (10) the discipline of students under Sections 10-22.6
19    and 34-19 of this Code.
20(Source: P.A. 98-972, eff. 8-15-14.)
 
21    (105 ILCS 5/27A-5)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

 

 

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1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3    (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status. Beginning
6on the effective date of this amendatory Act of the 93rd
7General Assembly, in all new applications to establish a
8charter school in a city having a population exceeding 500,000,
9operation of the charter school shall be limited to one campus.
10The changes made to this Section by this amendatory Act of the
1193rd General Assembly do not apply to charter schools existing
12or approved on or before the effective date of this amendatory
13Act.
14    (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19    From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

 

 

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1prior to April 1, 2013.
2    On or before March 1, 2014, the Commission shall submit to
3the General Assembly a report on the effect of
4virtual-schooling, including without limitation the effect on
5student performance, the costs associated with
6virtual-schooling, and issues with oversight. The report shall
7include policy recommendations for virtual-schooling.
8    (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter school
11shall be subject to the Freedom of Information Act and the Open
12Meetings Act.
13    (d) A charter school shall comply with all applicable
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. To ensure financial accountability for the use of
26public funds, on or before December 1 of every year of

 

 

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1operation, each charter school shall submit to its authorizer
2and the State Board a copy of its audit and a copy of the Form
3990 the charter school filed that year with the federal
4Internal Revenue Service. In addition, if deemed necessary for
5proper financial oversight of the charter school, an authorizer
6may require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article; the Illinois Educational Labor Relations Act; all
10federal and State laws and rules applicable to public schools
11that pertain to special education and the instruction of
12English language learners, referred to in this Code as
13"children of limited English-speaking ability"; and its
14charter. A charter school is exempt from all other State laws
15and regulations in this Code governing public schools and local
16school board policies, except the following:
17        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
18    criminal history records checks and checks of the Statewide
19    Sex Offender Database and Statewide Murderer and Violent
20    Offender Against Youth Database of applicants for
21    employment;
22        (2) Sections 10-22.6, 24-24, 34-19, and 34-84A of this
23    Code regarding discipline of students;
24        (3) the Local Governmental and Governmental Employees
25    Tort Immunity Act;
26        (4) Section 108.75 of the General Not For Profit

 

 

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1    Corporation Act of 1986 regarding indemnification of
2    officers, directors, employees, and agents;
3        (5) the Abused and Neglected Child Reporting Act;
4        (6) the Illinois School Student Records Act;
5        (7) Section 10-17a of this Code regarding school report
6    cards;
7        (8) the P-20 Longitudinal Education Data System Act;
8    and
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention; and .
11        (10) (9) Section 2-3.162 2-3.160 of this the School
12    Code regarding student discipline reporting.
13    The change made by Public Act 96-104 to this subsection (g)
14is declaratory of existing law.
15    (h) A charter school may negotiate and contract with a
16school district, the governing body of a State college or
17university or public community college, or any other public or
18for-profit or nonprofit private entity for: (i) the use of a
19school building and grounds or any other real property or
20facilities that the charter school desires to use or convert
21for use as a charter school site, (ii) the operation and
22maintenance thereof, and (iii) the provision of any service,
23activity, or undertaking that the charter school is required to
24perform in order to carry out the terms of its charter.
25However, a charter school that is established on or after the
26effective date of this amendatory Act of the 93rd General

 

 

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1Assembly and that operates in a city having a population
2exceeding 500,000 may not contract with a for-profit entity to
3manage or operate the school during the period that commences
4on the effective date of this amendatory Act of the 93rd
5General Assembly and concludes at the end of the 2004-2005
6school year. Except as provided in subsection (i) of this
7Section, a school district may charge a charter school
8reasonable rent for the use of the district's buildings,
9grounds, and facilities. Any services for which a charter
10school contracts with a school district shall be provided by
11the district at cost. Any services for which a charter school
12contracts with a local school board or with the governing body
13of a State college or university or public community college
14shall be provided by the public entity at cost.
15    (i) In no event shall a charter school that is established
16by converting an existing school or attendance center to
17charter school status be required to pay rent for space that is
18deemed available, as negotiated and provided in the charter
19agreement, in school district facilities. However, all other
20costs for the operation and maintenance of school district
21facilities that are used by the charter school shall be subject
22to negotiation between the charter school and the local school
23board and shall be set forth in the charter.
24    (j) A charter school may limit student enrollment by age or
25grade level.
26    (k) If the charter school is approved by the Commission,

 

 

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1then the Commission charter school is its own local education
2agency.
3(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
497-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
598-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
61-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
710-14-14.)
 
8    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
9    Sec. 34-19. By-laws, rules and regulations; business
10transacted at regular meetings; voting; records. The board
11shall, subject to the limitations in this Article, establish
12by-laws, rules and regulations, which shall have the force of
13ordinances, for the proper maintenance of a uniform system of
14discipline for both employees and pupils, and for the entire
15management of the schools, and may fix the school age of
16pupils, the minimum of which in kindergartens shall not be
17under 4 years, except that, based upon an assessment of the
18child's readiness, children who have attended a non-public
19preschool and continued their education at that school through
20kindergarten, were taught in kindergarten by an appropriately
21certified teacher, and will attain the age of 6 years on or
22before December 31 of the year of the 2009-2010 school term and
23each school term thereafter may attend first grade upon
24commencement of such term, and in grade schools shall not be
25under 6 years. It may expel a pupil by removing the pupil from

 

 

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1a school or educational setting for a period of more than 10
2school days for posing a significant threat of imminent serious
3harm to other pupils or to staff, suspend a pupil by removing
4the pupil from a school or educational setting for a period of
5not more than 10 school days for a serious act of misconduct,
6or, subject to the limitations of all policies established or
7adopted under Section 14-8.05, otherwise discipline any pupil
8found guilty of violating gross disobedience, misconduct or
9other violation of the by-laws, rules, and regulations,
10including gross disobedience or misconduct perpetuated by
11electronic means. Students may not be counseled by any school
12employee to leave school voluntarily in order to avoid formal
13disciplinary proceedings or because of any other disciplinary
14concerns. A student may not be issued a monetary fine or fee as
15a disciplinary consequence. An expelled pupil may be
16immediately transferred to an alternative program in the manner
17provided in Article 13A or 13B of this Code. A pupil must not
18be denied transfer because of the expulsion, except in cases in
19which such transfer is deemed to cause a threat to the safety
20of students or staff in the alternative program. A pupil who is
21suspended in excess of 20 school days may be immediately
22transferred to an alternative program in the manner provided in
23Article 13A or 13B of this Code. A pupil must not be denied
24transfer because of the suspension, except in cases in which
25such transfer is deemed to cause a threat to the safety of
26students or staff in the alternative program. The bylaws, rules

 

 

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1and regulations of the board shall be enacted, money shall be
2appropriated or expended, salaries shall be fixed or changed,
3and textbooks, electronic textbooks, and courses of
4instruction shall be adopted or changed only at the regular
5meetings of the board and by a vote of a majority of the full
6membership of the board; provided that notwithstanding any
7other provision of this Article or the School Code, neither the
8board or any local school council may purchase any textbook for
9use in any public school of the district from any textbook
10publisher that fails to furnish any computer diskettes as
11required under Section 28-21. Funds appropriated for textbook
12purchases must be available for electronic textbook purchases
13and the technological equipment necessary to gain access to and
14use electronic textbooks at the local school council's
15discretion. The board shall be further encouraged to provide
16opportunities for public hearing and testimony before the
17adoption of bylaws, rules and regulations. Upon all
18propositions requiring for their adoption at least a majority
19of all the members of the board the yeas and nays shall be
20taken and reported. The by-laws, rules and regulations of the
21board shall not be repealed, amended or added to, except by a
22vote of 2/3 of the full membership of the board. The board
23shall keep a record of all its proceedings. Such records and
24all by-laws, rules and regulations, or parts thereof, may be
25proved by a copy thereof certified to be such by the secretary
26of the board, but if they are printed in book or pamphlet form

 

 

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1which are purported to be published by authority of the board
2they need not be otherwise published and the book or pamphlet
3shall be received as evidence, without further proof, of the
4records, by-laws, rules and regulations, or any part thereof,
5as of the dates thereof as shown in such book or pamphlet, in
6all courts and places where judicial proceedings are had.
7    Notwithstanding any other provision in this Article or in
8the School Code, the board may delegate to the general
9superintendent or to the attorney the authorities granted to
10the board in the School Code, provided such delegation and
11appropriate oversight procedures are made pursuant to board
12by-laws, rules and regulations, adopted as herein provided,
13except that the board may not delegate its authorities and
14responsibilities regarding (1) budget approval obligations;
15(2) rule-making functions; (3) desegregation obligations; (4)
16real estate acquisition, sale or lease in excess of 10 years as
17provided in Section 34-21; (5) the levy of taxes; or (6) any
18mandates imposed upon the board by "An Act in relation to
19school reform in cities over 500,000, amending Acts herein
20named", approved December 12, 1988 (P.A. 85-1418).
21(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
2297-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
237-13-12.)

 

 

HB2682- 20 -LRB099 09319 NHT 29524 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4    105 ILCS 5/13A-11
5    105 ILCS 5/27A-5
6    105 ILCS 5/34-19from Ch. 122, par. 34-19