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Public Act 103-0473


 

Public Act 0473 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0473
 
SB0183 EnrolledLRB103 25977 RJT 52331 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
13A-4 as follows:
 
    (105 ILCS 5/13A-4)
    Sec. 13A-4. Administrative transfers.
    (a) A student who is determined to be subject to
suspension or expulsion in the manner provided by Section
10-22.6 (or, in the case of a student enrolled in the public
schools of a school district organized under Article 34, in
accordance with the uniform system of discipline established
under Section 34-19) may be immediately transferred to the
alternative school program. At the earliest time following
that transfer appropriate personnel from the sending school
district and appropriate personnel of the alternative program
shall meet to develop an alternative education plan for the
student. The student's parent or guardian shall be invited to
this meeting. The student may be invited. The alternative
educational plan shall include, but not be limited to all of
the following:
        (1) The duration of the plan, including a date after
    which the student may be returned to the regular
    educational program in the public schools of the
    transferring district. If the parent or guardian of a
    student who is scheduled to be returned to the regular
    education program in the public schools of the district
    files a written objection to the return with the principal
    of the alternative school, the matter shall be referred by
    the principal to the regional superintendent of the
    educational service region in which the alternative school
    program is located for a hearing. Notice of the hearing
    shall be given by the regional superintendent to the
    student's parent or guardian. After the hearing, the
    regional superintendent may take such action as he or she
    finds appropriate and in the best interests of the
    student. The determination of the regional superintendent
    shall be final.
        (2) The specific academic and behavioral components of
    the plan.
        (3) A method and time frame for reviewing the
    student's progress.
Notwithstanding any other provision of this Article, if a
student for whom an individualized educational program has
been developed under Article 14 is transferred to an
alternative school program under this Article 13A, that
individualized educational program shall continue to apply to
that student following the transfer unless modified in
accordance with the provisions of Article 14.
    (b) Before the effective date of the transfer, the
student's parents or guardians shall receive information about
the alternative school program, including the specific nature
of the curriculum, the number of students in the program, any
available services, the program's disciplinary policies, a
typical daily schedule, and any extracurricular activities
that may be offered at the alternative school program.
    (c) At the earliest time following the effective date of
the transfer, appropriate personnel from the sending school
district and appropriate personnel of the alternative school
program shall meet to develop an alternative educational plan
for the student. The student and the student's parents or
guardians shall be invited to this meeting. The alternative
educational plan shall include, but not be limited to, all of
the following:
        (1) The duration of the plan, including a date after
    which the student will be returned to the regular
    educational program in the public schools of the
    transferring district.
        (2) The specific academic and behavioral components of
    the plan.
        (3) A method and time frame for reviewing the
    student's progress and for transitioning the student back
    to the regular educational program in the public schools
    of the transferring district on the date set forth in
    paragraph (1), including a transition meeting between the
    sending school district, the alternative school program,
    and the student's parent or guardian at least 30 days
    prior to the date after which the student will be returned
    to the regular educational program in the public schools
    of the transferring district.
    If the student or the student's parents or guardians are
unable to attend the meeting required under this subsection
(c), the appropriate personnel from the alternative school
program shall offer a meeting within 30 days after the
effective date of the transfer to the student and the
student's parents or guardians to discuss and provide input on
the student's alternative educational plan and shall provide a
copy of the alternative educational plan to the student and
the student's parents or guardians prior to the meeting.
    (d) The date after which the student will return to the
regular educational program in the public schools of the
transferring district shall not be extended over the objection
of the student's parent or guardian.
    (e) The date after which the student will return to the
regular educational program in the public schools of the
transferring district may be extended upon written agreement
by the transferring school district, the alternative school
program, and the student's parent or guardian.
    (f) Notwithstanding any other provision of this Article,
if a student for whom an individualized education program has
been developed under Article 14 is transferred to an
alternative school program under this Article, that
individualized education program shall continue to apply to
that student following the transfer, unless modified in
accordance with the provisions of Article 14.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)

Effective Date: 1/1/2024