State of Illinois
92nd General Assembly
Legislation

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92_HB0283

 
                                               LRB9203222NTsb

 1        AN ACT regarding schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Sections 13A-2.5 and 13A-4 as follows:

 6        (105 ILCS 5/13A-2.5)
 7        Sec. 13A-2.5.  Disruptive student.  "Disruptive  student"
 8    includes  suspension or expulsion eligible students in any of
 9    grades 6 through 12  or a student to which subsection (b)  of
10    Section  13A-4  of this Code applies. Suspension or expulsion
11    eligible students are those students that have been found  to
12    be   eligible   for   suspension  or  expulsion  through  the
13    discipline process established by a school district.
14    (Source: P.A. 89-383, eff. 8-18-95.)

15        (105 ILCS 5/13A-4)
16        Sec. 13A-4.  Administrative transfers.
17        (a)  A  student  who  is  determined  to  be  subject  to
18    suspension or expulsion in the  manner  provided  by  Section
19    10-22.6  (or, in the case of a student enrolled in the public
20    schools of a school district organized under Article  34,  in
21    accordance  with the uniform system of discipline established
22    under Section 34-19) may be immediately  transferred  to  the
23    alternative program.
24        (b)  If  a student (i) enrolls in a school district on or
25    after the effective date of this amendatory Act of  the  92nd
26    General Assembly, (ii) immediately before enrolling, attended
27    school  within the Department of Corrections school district,
28    and (iii) was enrolled in a school  district  in  this  State
29    immediately  before  being transferred into the Department of
30    Corrections  school  district,  then  the  student  must   be
 
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 1    immediately  transferred  to  the alternative school program.
 2    The student may not be returned to  the  regular  educational
 3    program  in  the  public schools of any school district until
 4    the student has attended an alternative school program for at
 5    least  one  semester  after  attending  school   within   the
 6    Department  of  Corrections  school district.  If the student
 7    enrolls in another  school  district  before  completing  the
 8    minimum one semester of attendance, the student must again be
 9    immediately transferred to an alternative school program.
10        (c)  At   the   earliest  time  following  the  transfer,
11    appropriate personnel from the sending  school  district  and
12    appropriate  personnel  of the alternative program shall meet
13    to develop an alternative education  plan  for  the  student.
14    The  student's  parent  or  guardian shall be invited to this
15    meeting.   The  student  may  be  invited.   The  alternative
16    educational plan shall include, but not be limited to, all of
17    the following:
18             (1)  The duration of  the  plan,  including  a  date
19        after  which  the  student may be returned to the regular
20        educational  program  in  the  public  schools   of   the
21        transferring  district.  If  the  parent or guardian of a
22        student who is scheduled to be returned  to  the  regular
23        education  program  in the public schools of the district
24        files  a  written  objection  to  the  return  with   the
25        principal  of the alternative school, the matter shall be
26        referred by the principal to the regional  superintendent
27        of   the   educational   service   region  in  which  the
28        alternative school program  is  located  for  a  hearing.
29        Notice  of  the  hearing  shall  be given by the regional
30        superintendent  to  the  student's  parent  or  guardian.
31        After the hearing, the regional superintendent  may  take
32        such  action  as  he  or she finds appropriate and in the
33        best interests of the student.  The determination of  the
34        regional superintendent shall be final.
 
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 1             (2)  The specific academic and behavioral components
 2        of the plan.
 3             (3)  A  method  and  time  frame  for  reviewing the
 4        student's progress.
 5        (d)  Notwithstanding any other provision of this Article,
 6    if a student for whom an individualized  educational  program
 7    has  been  developed  under  Article  14 is transferred to an
 8    alternative school  program  under  this  Article  13A,  that
 9    individualized educational program shall continue to apply to
10    that  student  following  the  transfer  unless  modified  in
11    accordance with the provisions of Article 14.
12    (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

13        Section  99.  Effective  date.   This Act takes effect on
14    July 1, 2001.

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