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| | HB2880 Engrossed | | LRB098 06296 NHT 37866 b |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by adding Section |
| 5 | | 2-3.157 and by changing Sections 10-20.14 and 34-19 as follows:
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| 6 | | (105 ILCS 5/2-3.157 new) |
| 7 | | Sec. 2-3.157. Standard student expulsion policy. The State |
| 8 | | Board of Education shall establish a standard student expulsion |
| 9 | | policy that applies to each school district in this State.
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| 10 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
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| 11 | | Sec. 10-20.14. Student discipline policies; Parent-teacher |
| 12 | | advisory
committee.
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| 13 | | (a) To establish and maintain
a parent-teacher advisory |
| 14 | | committee to develop with the school board
policy guidelines on |
| 15 | | pupil discipline, including school searches. With respect to |
| 16 | | expulsions, the policy must conform to the standard student |
| 17 | | expulsion policy established by the State Board of Education |
| 18 | | under Section 2-3.157 of this Code. A school board must (i) |
| 19 | | post the pupil discipline policy on the school district's |
| 20 | | Internet website, if any, within 15 days after the beginning of |
| 21 | | the school year or, if the district does not have an Internet |
| 22 | | website, to
furnish a copy of the
pupil discipline policy to |
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| 1 | | the parents or guardian of each pupil within 15 days after
the |
| 2 | | beginning of the school year, or within 15 days after starting |
| 3 | | classes
for a pupil who transfers into the district during the |
| 4 | | school year, and (ii) to
require that each school inform |
| 5 | | informs its pupils of the contents of its policy.
School |
| 6 | | boards, along with the parent-teacher advisory committee, are
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| 7 | | encouraged to annually review their pupil discipline policies, |
| 8 | | the
implementation of those policies, and any other factors |
| 9 | | related to the safety
of their
schools, pupils, and staff.
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| 10 | | (b) The parent-teacher advisory
committee in cooperation |
| 11 | | with local law enforcement agencies shall develop,
with the |
| 12 | | school board, policy guideline procedures to
establish
and |
| 13 | | maintain a reciprocal reporting system between the school |
| 14 | | district and
local law enforcement agencies regarding criminal |
| 15 | | offenses committed by
students.
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| 16 | | (c) The parent-teacher advisory committee, in cooperation |
| 17 | | with school bus
personnel, shall develop, with the school |
| 18 | | board, policy guideline procedures to
establish and maintain |
| 19 | | school bus safety procedures. These procedures shall be
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| 20 | | incorporated into the district's pupil discipline policy.
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| 21 | | (d) The school board, in consultation with the |
| 22 | | parent-teacher
advisory committee and other community-based |
| 23 | | organizations, must include
provisions in the student |
| 24 | | discipline
policy to address students who have demonstrated |
| 25 | | behaviors that put them at
risk for aggressive behavior, |
| 26 | | including without limitation bullying, as
defined in the |
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| 1 | | policy. These provisions must include
procedures for notifying |
| 2 | | parents or legal guardians and
early intervention procedures
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| 3 | | based upon available community-based and district resources.
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| 4 | | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
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| 5 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) |
| 6 | | Sec. 34-19. By-laws, rules and regulations; business |
| 7 | | transacted at
regular meetings; voting; records. The board |
| 8 | | shall, subject to the limitations
in this Article, establish |
| 9 | | by-laws, rules and regulations, which shall have the
force of |
| 10 | | ordinances, for the proper maintenance of a uniform system of
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| 11 | | discipline for both employees and pupils, and for the entire |
| 12 | | management of the
schools, and may fix the school age of |
| 13 | | pupils, the minimum of which in
kindergartens shall not be |
| 14 | | under 4 years, except that, based upon an assessment of the |
| 15 | | child's readiness, children who have attended a non-public |
| 16 | | preschool and continued their education at that school through |
| 17 | | kindergarten, were taught in kindergarten by an appropriately |
| 18 | | certified teacher, and will attain the age of 6 years on or |
| 19 | | before December 31 of the year of the 2009-2010 school term and |
| 20 | | each school term thereafter may attend first grade upon |
| 21 | | commencement of such term, and in grade schools shall not be
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| 22 | | under 6 years. It may expel, suspend or, subject to the |
| 23 | | limitations of all
policies established or adopted under |
| 24 | | Section 14-8.05, otherwise discipline any
pupil found guilty of |
| 25 | | gross disobedience, misconduct or other violation of the
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| 1 | | by-laws, rules and regulations, including gross disobedience |
| 2 | | or misconduct perpetuated by electronic means. An expelled |
| 3 | | pupil may be immediately transferred to an alternative program |
| 4 | | in the manner provided in Article 13A or 13B of this Code. A |
| 5 | | pupil must not be denied transfer because of the expulsion, |
| 6 | | except in cases in which such transfer is deemed to cause a |
| 7 | | threat to the safety of students or staff in the alternative |
| 8 | | program. A pupil who is suspended in excess of 20 school days |
| 9 | | may be immediately transferred to an alternative program in the |
| 10 | | manner provided in Article 13A or 13B of this Code. A pupil |
| 11 | | must not be denied transfer because of the suspension, except |
| 12 | | in cases in which such transfer is deemed to cause a threat to |
| 13 | | the safety of students or staff in the alternative program. |
| 14 | | With respect to expulsions, the district's pupil discipline |
| 15 | | policy must conform to the standard student expulsion policy |
| 16 | | established by the State Board of Education under Section |
| 17 | | 2-3.157 of this Code. The board must post the district's pupil |
| 18 | | discipline policy on the district's Internet website within 15 |
| 19 | | days after the beginning of the school year and require that |
| 20 | | each school inform its pupils of the contents of its policy. |
| 21 | | The bylaws, rules and regulations of the board
shall be |
| 22 | | enacted, money shall be appropriated or expended, salaries |
| 23 | | shall be
fixed or changed, and textbooks, electronic textbooks, |
| 24 | | and courses of instruction shall be adopted or
changed only at |
| 25 | | the regular meetings of the board and by a vote of a
majority |
| 26 | | of the full membership of the board; provided that
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| 1 | | notwithstanding any other provision of this Article or the |
| 2 | | School Code,
neither the board or any local school council may |
| 3 | | purchase any textbook for use in any public school of the
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| 4 | | district from any textbook publisher that fails to furnish any |
| 5 | | computer
diskettes as required under Section 28-21. Funds |
| 6 | | appropriated for textbook purchases must be available for |
| 7 | | electronic textbook purchases and the technological equipment |
| 8 | | necessary to gain access to and use electronic textbooks at the |
| 9 | | local school council's discretion. The board shall be further
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| 10 | | encouraged to provide opportunities for public hearing and |
| 11 | | testimony before
the adoption of bylaws, rules and regulations. |
| 12 | | Upon all propositions
requiring for their adoption at least a |
| 13 | | majority of all the members of the
board the yeas and nays |
| 14 | | shall be taken and reported. The by-laws, rules and
regulations |
| 15 | | of the board shall not be repealed, amended or added to, except
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| 16 | | by a vote of 2/3 of the full membership of the board. The board |
| 17 | | shall keep
a record of all its proceedings. Such records and |
| 18 | | all
by-laws, rules and regulations, or parts thereof, may be |
| 19 | | proved by a copy
thereof certified to be such by the secretary |
| 20 | | of the board, but if they are
printed in book or pamphlet form |
| 21 | | which are purported to be published by
authority of the board |
| 22 | | they need not be otherwise published and the book or
pamphlet |
| 23 | | shall be received as evidence, without further proof, of the
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| 24 | | records, by-laws, rules and regulations, or any part thereof, |
| 25 | | as of the
dates thereof as shown in such book or pamphlet, in |
| 26 | | all courts and places
where judicial proceedings are had. |
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| 1 | | Notwithstanding any other provision in this Article or in |
| 2 | | the School
Code, the board may delegate to the general |
| 3 | | superintendent or to the
attorney the authorities granted to |
| 4 | | the board in the School Code, provided
such delegation and |
| 5 | | appropriate oversight procedures are made pursuant to
board |
| 6 | | by-laws, rules and regulations, adopted as herein provided, |
| 7 | | except that
the board may not delegate its authorities and |
| 8 | | responsibilities regarding (1)
budget approval obligations; |
| 9 | | (2) rule-making functions; (3) desegregation
obligations; (4) |
| 10 | | real estate acquisition, sale or lease in excess of 10 years
as |
| 11 | | provided in Section 34-21; (5) the levy of taxes; or (6) any |
| 12 | | mandates
imposed upon the board by "An Act in relation to |
| 13 | | school reform in cities over
500,000, amending Acts herein |
| 14 | | named", approved December 12, 1988 (P.A.
85-1418). |
| 15 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; |
| 16 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. |
| 17 | | 7-13-12.)
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