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Full Text of HB0216  99th General Assembly

HB0216 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0216

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/27A-5
105 ILCS 5/34-19  from Ch. 122, par. 34-19

    Amends the School Code. Allows a school board to suspend or authorize the superintendent of the school district or the principal, assistant principal, or dean of students of a school to suspend a student for a period not to exceed 10 school days or to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) the student has been convicted of a violent felony and (ii) the board or, as authorized by board policy, the superintendent of the district or the principal, assistant principal, or dean of students of the school determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. Provides that the board may also authorize the district superintendent to immediately refer or transfer the student to another attendance center or alternative school if the student has been charged with a violent felony. Defines "violent felony". Effective immediately.


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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, 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 guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, or to expel pupils as provided
12in subsection (d-10) of this Section, and no action shall lie
13against them for such expulsion. Expulsion shall take place
14only after the parents have been requested to appear at a
15meeting of the board, or with a hearing officer appointed by
16it, to discuss their child's behavior. Such request shall be
17made by registered or certified mail and shall state the time,
18place and purpose of the meeting. The board, or a hearing
19officer appointed by it, at such meeting shall state the
20reasons for dismissal and the date on which the expulsion is to
21become effective. If a hearing officer is appointed by the
22board he shall report to the board a written summary of the
23evidence heard at the meeting and the board may take such

 

 

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1action thereon as it finds appropriate. An expelled pupil may
2be immediately transferred to an alternative program in the
3manner provided in Article 13A or 13B of this Code. A pupil
4must not be denied transfer because of the expulsion, except in
5cases in which such transfer is deemed to cause a threat to the
6safety of students or staff in the alternative program.
7    (b) To suspend or by policy to authorize the superintendent
8of the district or the principal, assistant principal, or dean
9of students of any school to suspend pupils guilty of gross
10disobedience or misconduct, or to suspend pupils guilty of
11gross disobedience or misconduct on the school bus from riding
12the school bus, or to suspend pupils as provided in subsection
13(d-10) of this Section, and no action shall lie against them
14for such suspension. The board may by policy authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend pupils
17guilty of such acts for a period not to exceed 10 school days.
18If a pupil is suspended due to gross disobedience or misconduct
19on a school bus, the board may suspend the pupil in excess of
2010 school days for safety reasons. Any suspension shall be
21reported immediately to the parents or guardian of such pupil
22along with a full statement of the reasons for such suspension
23and a notice of their right to a review. The school board must
24be given a summary of the notice, including the reason for the
25suspension and the suspension length. Upon request of the
26parents or guardian the school board or a hearing officer

 

 

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1appointed by it shall review such action of the superintendent
2or principal, assistant principal, or dean of students. At such
3review the parents or guardian of the pupil may appear and
4discuss the suspension with the board or its hearing officer.
5If a hearing officer is appointed by the board he shall report
6to the board a written summary of the evidence heard at the
7meeting. After its hearing or upon receipt of the written
8report of its hearing officer, the board may take such action
9as it finds appropriate. A pupil who is suspended in excess of
1020 school days may be immediately transferred to an alternative
11program in the manner provided in Article 13A or 13B of this
12Code. A pupil must not be denied transfer because of the
13suspension, except in cases in which such transfer is deemed to
14cause a threat to the safety of students or staff in the
15alternative program.
16    (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such meeting
18whenever there is evidence that mental illness may be the cause
19for expulsion or suspension.
20    (d) The board may expel a student for a definite period of
21time not to exceed 2 calendar years, as determined on a
22case-by-case case by case basis. A student who is determined to
23have brought one of the following objects to school, any
24school-sponsored activity or event, or any activity or event
25that bears a reasonable relationship to school shall be
26expelled for a period of not less than one year:

 

 

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1        (1) A firearm. For the purposes of this Section,
2    "firearm" means any gun, rifle, shotgun, weapon as defined
3    by Section 921 of Title 18 of the United States Code,
4    firearm as defined in Section 1.1 of the Firearm Owners
5    Identification Card Act, or firearm as defined in Section
6    24-1 of the Criminal Code of 2012. The expulsion period
7    under this subdivision (1) may be modified by the
8    superintendent, and the superintendent's determination may
9    be modified by the board on a case-by-case basis.
10        (2) A knife, brass knuckles or other knuckle weapon
11    regardless of its composition, a billy club, or any other
12    object if used or attempted to be used to cause bodily
13    harm, including "look alikes" of any firearm as defined in
14    subdivision (1) of this subsection (d). The expulsion
15    requirement under this subdivision (2) may be modified by
16    the superintendent, and the superintendent's determination
17    may be modified by the board on a case-by-case basis.
18Expulsion or suspension shall be construed in a manner
19consistent with the Federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code. The provisions of this
24subsection (d) apply in all school districts, including special
25charter districts and districts organized under Article 34.
26    (d-5) The board may suspend or by regulation authorize the

 

 

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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case-by-case case by case
6basis, if (i) that student has been determined to have made an
7explicit threat on an Internet website against a school
8employee, a student, or any school-related personnel, (ii) the
9Internet website through which the threat was made is a site
10that was accessible within the school at the time the threat
11was made or was available to third parties who worked or
12studied within the school grounds at the time the threat was
13made, and (iii) the threat could be reasonably interpreted as
14threatening to the safety and security of the threatened
15individual because of his or her duties or employment status or
16status as a student inside the school. The provisions of this
17subsection (d-5) apply in all school districts, including
18special charter districts and districts organized under
19Article 34 of this Code.
20    (d-10) In this subsection (d-10), "violent felony" means a
21violent felony as defined in Section 5 of the Medical School
22Matriculant Criminal History Records Check Act.
23    Subject to subsections (a) and (b) of this Section, the
24board may suspend or, by policy, authorize the superintendent
25of the district or the principal, assistant principal, or dean
26of students of a school to suspend a student for a period not

 

 

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1to exceed 10 school days or may expel a student for a definite
2period of time not to exceed 2 calendar years, as determined on
3a case-by-case basis, if (i) the student has been convicted of
4a violent felony and (ii) the board or, as authorized by board
5policy, the superintendent of the district or the principal,
6assistant principal, or dean of students of the school
7determines that the student's continued presence in school
8would have a substantial detrimental effect on the general
9welfare of the school. The board may also authorize the
10superintendent of the district to immediately refer or transfer
11the student to another attendance center or alternative school,
12as specified in Article 13A of this Code, if the student has
13been charged with a violent felony.
14    The provisions of this subsection (d-10) apply in all
15school districts, including special charter districts and
16districts organized under Article 34 of this Code.
17    (e) To maintain order and security in the schools, school
18authorities may inspect and search places and areas such as
19lockers, desks, parking lots, and other school property and
20equipment owned or controlled by the school, as well as
21personal effects left in those places and areas by students,
22without notice to or the consent of the student, and without a
23search warrant. As a matter of public policy, the General
24Assembly finds that students have no reasonable expectation of
25privacy in these places and areas or in their personal effects
26left in these places and areas. School authorities may request

 

 

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1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities. The
13provisions of this subsection (e) apply in all school
14districts, including special charter districts and districts
15organized under Article 34.
16    (f) Suspension or expulsion may include suspension or
17expulsion from school and all school activities and a
18prohibition from being present on school grounds.
19    (g) A school district may adopt a policy providing that if
20a student is suspended or expelled for any reason from any
21public or private school in this or any other state, the
22student must complete the entire term of the suspension or
23expulsion in an alternative school program under Article 13A of
24this Code or an alternative learning opportunities program
25under Article 13B of this Code before being admitted into the
26school district if there is no threat to the safety of students

 

 

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1or staff in the alternative program. This subsection (g)
2applies to all school districts, including special charter
3districts and districts organized under Article 34 of this
4Code.
5(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
697-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
797-1150, eff. 1-25-13.)
 
8    (105 ILCS 5/27A-5)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status. Beginning
18on the effective date of this amendatory Act of the 93rd
19General Assembly, in all new applications to establish a
20charter school in a city having a population exceeding 500,000,
21operation of the charter school shall be limited to one campus.
22The changes made to this Section by this amendatory Act of the
2393rd General Assembly do not apply to charter schools existing
24or approved on or before the effective date of this amendatory
25Act.

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26    (d) A charter school shall comply with all applicable

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article; the Illinois Educational Labor Relations Act; all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English language learners, referred to in this Code as
26"children of limited English-speaking ability"; and its

 

 

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1charter. A charter school is exempt from all other State laws
2and regulations in this Code governing public schools and local
3school board policies, except the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
5    criminal history records checks and checks of the Statewide
6    Sex Offender Database and Statewide Murderer and Violent
7    Offender Against Youth Database of applicants for
8    employment;
9        (2) Sections 24-24 and 34-84A of this Code regarding
10    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 this Code regarding school report
19    cards;
20        (8) the P-20 Longitudinal Education Data System Act;
21    and
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention; .
24        (10) (9) Section 2-3.162 2-3.160 of this the School
25    Code regarding student discipline reporting; and .
26        (11) subsection (d-10) of Section 10-22.6 of the School

 

 

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1    Code regarding students charged with or convicted of a
2    violent felony.
3    The change made by Public Act 96-104 to this subsection (g)
4is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required to
14perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after the
16effective date of this amendatory Act of the 93rd General
17Assembly and that operates in a city having a population
18exceeding 500,000 may not contract with a for-profit entity to
19manage or operate the school during the period that commences
20on the effective date of this amendatory Act of the 93rd
21General Assembly and concludes at the end of the 2004-2005
22school year. Except as provided in subsection (i) of this
23Section, a school district may charge a charter school
24reasonable rent for the use of the district's buildings,
25grounds, and facilities. Any services for which a charter
26school contracts with a school district shall be provided by

 

 

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1the district at cost. Any services for which a charter school
2contracts with a local school board or with the governing body
3of a State college or university or public community college
4shall be provided by the public entity at cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be subject
12to negotiation between the charter school and the local school
13board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age or
15grade level.
16    (k) If the charter school is approved by the Commission,
17then the Commission charter school is its own local education
18agency.
19(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
2097-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
2198-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
221-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
2310-14-14.)
 
24    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
25    Sec. 34-19. By-laws, rules and regulations; business

 

 

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1transacted at regular meetings; voting; records. The board
2shall, subject to the limitations in this Article, establish
3by-laws, rules and regulations, which shall have the force of
4ordinances, for the proper maintenance of a uniform system of
5discipline for both employees and pupils, and for the entire
6management of the schools, and may fix the school age of
7pupils, the minimum of which in kindergartens shall not be
8under 4 years, except that, based upon an assessment of the
9child's readiness, children who have attended a non-public
10preschool and continued their education at that school through
11kindergarten, were taught in kindergarten by an appropriately
12certified teacher, and will attain the age of 6 years on or
13before December 31 of the year of the 2009-2010 school term and
14each school term thereafter may attend first grade upon
15commencement of such term, and in grade schools shall not be
16under 6 years. It may expel, suspend or, subject to the
17limitations of all policies established or adopted under
18Section 14-8.05, otherwise discipline any pupil found guilty of
19gross disobedience, misconduct or other violation of the
20by-laws, rules and regulations, including gross disobedience
21or misconduct perpetuated by electronic means, and may expel,
22suspend, or transfer pupils as provided in subsection (d-10) of
23Section 10-22.6 of this Code. An expelled pupil may be
24immediately transferred to an alternative program in the manner
25provided in Article 13A or 13B of this Code. A pupil must not
26be denied transfer because of the expulsion, except in cases in

 

 

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1which such transfer is deemed to cause a threat to the safety
2of students or staff in the alternative program. A pupil who is
3suspended in excess of 20 school days may be immediately
4transferred to an alternative program in the manner provided in
5Article 13A or 13B of this Code. A pupil must not be denied
6transfer because of the suspension, except in cases in which
7such transfer is deemed to cause a threat to the safety of
8students or staff in the alternative program. The bylaws, rules
9and regulations of the board shall be enacted, money shall be
10appropriated or expended, salaries shall be fixed or changed,
11and textbooks, electronic textbooks, and courses of
12instruction shall be adopted or changed only at the regular
13meetings of the board and by a vote of a majority of the full
14membership of the board; provided that notwithstanding any
15other provision of this Article or the School Code, neither the
16board or any local school council may purchase any textbook for
17use in any public school of the district from any textbook
18publisher that fails to furnish any computer diskettes as
19required under Section 28-21. Funds appropriated for textbook
20purchases must be available for electronic textbook purchases
21and the technological equipment necessary to gain access to and
22use electronic textbooks at the local school council's
23discretion. The board shall be further encouraged to provide
24opportunities for public hearing and testimony before the
25adoption of bylaws, rules and regulations. Upon all
26propositions requiring for their adoption at least a majority

 

 

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1of all the members of the board the yeas and nays shall be
2taken and reported. The by-laws, rules and regulations of the
3board shall not be repealed, amended or added to, except by a
4vote of 2/3 of the full membership of the board. The board
5shall keep a record of all its proceedings. Such records and
6all by-laws, rules and regulations, or parts thereof, may be
7proved by a copy thereof certified to be such by the secretary
8of the board, but if they are printed in book or pamphlet form
9which are purported to be published by authority of the board
10they need not be otherwise published and the book or pamphlet
11shall be received as evidence, without further proof, of the
12records, by-laws, rules and regulations, or any part thereof,
13as of the dates thereof as shown in such book or pamphlet, in
14all courts and places where judicial proceedings are had.
15    Notwithstanding any other provision in this Article or in
16the School Code, the board may delegate to the general
17superintendent or to the attorney the authorities granted to
18the board in the School Code, provided such delegation and
19appropriate oversight procedures are made pursuant to board
20by-laws, rules and regulations, adopted as herein provided,
21except that the board may not delegate its authorities and
22responsibilities regarding (1) budget approval obligations;
23(2) rule-making functions; (3) desegregation obligations; (4)
24real estate acquisition, sale or lease in excess of 10 years as
25provided in Section 34-21; (5) the levy of taxes; or (6) any
26mandates imposed upon the board by "An Act in relation to

 

 

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1school reform in cities over 500,000, amending Acts herein
2named", approved December 12, 1988 (P.A. 85-1418).
3(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
497-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
57-13-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.