Full Text of HB4441 095th General Assembly
HB4441eng 95TH GENERAL ASSEMBLY
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HB4441 Engrossed |
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LRB095 14360 RAS 40261 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-20.12 and 34-19 as follows:
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| (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
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| Sec. 10-20.12. School year - School age. To establish and | 8 |
| keep in
operation in each year during a school term of at least | 9 |
| the minimum length
required by Section 10-19, a sufficient | 10 |
| number of free schools for the
accommodation of all persons in | 11 |
| the district who are 5 years of age or
older but under 21 years | 12 |
| of age, and to secure for all such persons the
right and | 13 |
| opportunity to an equal education in such schools; provided | 14 |
| that (i)
children who will attain the age of 5 years on or | 15 |
| before September 1 of the
year of the 1990-1991 school term and | 16 |
| each school term thereafter may
attend school upon the | 17 |
| commencement of such term , (ii) children who have attended | 18 |
| preschool and will attain the age of 5 years on or before | 19 |
| December 31 of the year of the 2008-2009 school term and each | 20 |
| school term thereafter may attend school upon commencement of | 21 |
| such term, and (iii) children who have attended a | 22 |
| State-certified, private preschool and continued their | 23 |
| education at that school through kindergarten and who will |
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LRB095 14360 RAS 40261 b |
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| attain the age of 6 years on or before December 31 of the year | 2 |
| of the 2008-2009 school term and each school term thereafter | 3 |
| may attend first grade upon commencement of such term . Based | 4 |
| upon an assessment
of a child's readiness to attend school, a | 5 |
| school district may permit a
child to attend school prior to | 6 |
| the dates contained in this Section. In any
school district | 7 |
| operating on a full year school basis children who will
attain | 8 |
| age 5 within 30 days after the commencement of a term may | 9 |
| attend
school upon the commencement of such term , children who | 10 |
| have attended preschool and will attain age 5 within 4 months | 11 |
| after the commencement of a term may attend school upon the | 12 |
| commencement of such term, and children who have attended a | 13 |
| State-certified, private preschool and continued their | 14 |
| education at that school through kindergarten and will attain | 15 |
| age 6 within 4 months after the commencement of a term may | 16 |
| attend first grade upon the commencement of such term . The | 17 |
| school district may, by
resolution of its board, allow for a | 18 |
| full year school plan.
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| (Source: P.A. 87-359.)
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| (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
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| Sec. 34-19. By-laws, rules and regulations; business | 22 |
| transacted at
regular meetings; voting; records. The board | 23 |
| shall, subject to the limitations
in this Article, establish | 24 |
| by-laws, rules and regulations, which shall have the
force of | 25 |
| ordinances, for the proper maintenance of a uniform system of
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| discipline for both employees and pupils, and for the entire | 2 |
| management of the
schools, and may fix the school age of | 3 |
| pupils, the minimum of which in
kindergartens shall not be | 4 |
| under 5 4 years , except that (i) those pupils who have attended | 5 |
| preschool and will attain the age of 5 years on or before | 6 |
| December 31 of the year of the 2008-2009 school term and each | 7 |
| school term thereafter may attend school upon commencement of | 8 |
| such term and (ii) children who have attended a | 9 |
| State-certified, private preschool and continued their | 10 |
| education at that school through kindergarten and who will | 11 |
| attain the age of 6 years on or before December 31 of the year | 12 |
| of the 2008-2009 school term and each school term thereafter | 13 |
| may attend first grade upon commencement of such term, and in | 14 |
| grade schools shall not be
under 6 years. It may expel, suspend | 15 |
| or, subject to the limitations of all
policies established or | 16 |
| adopted under Section 14-8.05, otherwise discipline any
pupil | 17 |
| found guilty of gross disobedience, misconduct or other | 18 |
| violation of the
by-laws, rules and regulations. The bylaws, | 19 |
| rules and regulations of the board
shall be enacted, money | 20 |
| shall be appropriated or expended, salaries shall be
fixed or | 21 |
| changed, and textbooks and courses of instruction shall be | 22 |
| adopted or
changed only at the regular meetings of the board | 23 |
| and by a vote of a
majority of the full membership of the | 24 |
| board; provided that
notwithstanding any other provision of | 25 |
| this Article or the School Code,
neither the board or any local | 26 |
| school council may purchase any textbook for use in any public |
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| school of the
district from any textbook publisher that fails | 2 |
| to furnish any computer
diskettes as required under Section | 3 |
| 28-21. The board shall be further
encouraged to provide | 4 |
| opportunities for public hearing and testimony before
the | 5 |
| adoption of bylaws, rules and regulations. Upon all | 6 |
| propositions
requiring for their adoption at least a majority | 7 |
| of all the members of the
board the yeas and nays shall be | 8 |
| taken and reported. The by-laws, rules and
regulations of the | 9 |
| board shall not be repealed, amended or added to, except
by a | 10 |
| vote of 2/3 of the full membership of the board. The board | 11 |
| shall keep
a record of all its proceedings. Such records and | 12 |
| all
by-laws, rules and regulations, or parts thereof, may be | 13 |
| proved by a copy
thereof certified to be such by the secretary | 14 |
| of the board, but if they are
printed in book or pamphlet form | 15 |
| which are purported to be published by
authority of the board | 16 |
| they need not be otherwise published and the book or
pamphlet | 17 |
| shall be received as evidence, without further proof, of the
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| records, by-laws, rules and regulations, or any part thereof, | 19 |
| as of the
dates thereof as shown in such book or pamphlet, in | 20 |
| all courts and places
where judicial proceedings are had.
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| Notwithstanding any other provision in this Article or in | 22 |
| the School
Code, the board may delegate to the general | 23 |
| superintendent or to the
attorney the authorities granted to | 24 |
| the board in the School Code, provided
such delegation and | 25 |
| appropriate oversight procedures are made pursuant to
board | 26 |
| by-laws, rules and regulations, adopted as herein provided, |
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| except that
the board may not delegate its authorities and | 2 |
| responsibilities regarding (1)
budget approval obligations; | 3 |
| (2) rule-making functions; (3) desegregation
obligations; (4) | 4 |
| real estate acquisition, sale or lease in excess of 10 years
as | 5 |
| provided in Section 34-21; (5) the levy of taxes; or (6) any | 6 |
| mandates
imposed upon the board by "An Act in relation to | 7 |
| school reform in cities over
500,000, amending Acts herein | 8 |
| named", approved December 12, 1988 (P.A.
85-1418).
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| (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
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| Section 99. Effective date. This Act takes effect July 1, | 11 |
| 2008.
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