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| Public Act 103-0473 | ||||
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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 Section | ||||
13A-4 as follows:
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(105 ILCS 5/13A-4)
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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
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educational plan shall include, but not be limited to all of | ||||
the following:
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(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
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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
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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.
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(2) The specific academic and behavioral components of | ||
the plan.
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(3) A method and time frame for reviewing the | ||
student's progress.
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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
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individualized educational program shall continue to apply to | ||
that student
following the transfer unless modified in | ||
accordance with the provisions of
Article 14.
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(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.)
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