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| [ House Amendment 003 ] |
91_HB1811ham001
LRB9105134NTsbam
1 AMENDMENT TO HOUSE BILL 1811
2 AMENDMENT NO. . Amend House Bill 1811 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 13A-2.5, 13A-4, and 13A-8 and adding Section 13A-12."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 13A-2.5, 13A-4, and 13A-8 and adding Section 13A-12
10 as follows:
11 (105 ILCS 5/13A-2.5)
12 Sec. 13A-2.5. Disruptive student. "Disruptive student"
13 includes suspension or expulsion eligible students in any of
14 grades 6 through 12. Suspension or expulsion eligible
15 students are those students that have been found to be
16 eligible for suspension or expulsion through the discipline
17 process established by a school district. A student returned
18 to the community after incarceration by the Department of
19 Corrections and enrolled in a school district may be
20 designated as a disruptive student by a school district for a
21 period of up to 18 months from the date of release from
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1 incarceration by the Department of Corrections.
2 (Source: P.A. 89-383, eff. 8-18-95.)
3 (105 ILCS 5/13A-4)
4 Sec. 13A-4. Administrative transfers. A student (i) who
5 is determined to be subject to suspension or expulsion in the
6 manner provided by Section 10-22.6 (or, in the case of a
7 student enrolled in the public schools of a school district
8 organized under Article 34, in accordance with the uniform
9 system of discipline established under Section 34-19) or (ii)
10 who has been returned to the community after incarceration by
11 the Department of Corrections and has been designated a
12 disruptive student, as defined in Section 13A-2.5, may be
13 immediately transferred to the alternative program. At the
14 earliest time following that transfer, appropriate personnel
15 from the sending school district or the Department of
16 Corrections and appropriate personnel of the alternative
17 program shall meet to develop an alternative education plan
18 for the student. The student's parent or guardian shall be
19 invited to this meeting. The student may be invited. The
20 alternative educational plan shall include, but not be
21 limited to all of the following:
22 (1) The duration of the plan, including a date
23 after which the student may be returned to the regular
24 educational program in the public schools of the
25 transferring district. If the parent or guardian of a
26 student who is scheduled to be returned to the regular
27 education program in the public schools of the district
28 files a written objection to the return with the
29 principal of the alternative school, the matter shall be
30 referred by the principal to the regional superintendent
31 of the educational service region in which the
32 alternative school program is located for a hearing.
33 Notice of the hearing shall be given by the regional
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1 superintendent to the student's parent or guardian.
2 After the hearing, the regional superintendent may take
3 such action as he or she finds appropriate and in the
4 best interests of the student. The determination of the
5 regional superintendent shall be final.
6 (2) The specific academic and behavioral components
7 of the plan.
8 (3) A method and time frame for reviewing the
9 student's progress.
10 Notwithstanding any other provision of this Article, if a
11 student for whom an individualized educational program has
12 been developed under Article 14 is transferred to an
13 alternative school program under this Article 13A, that
14 individualized educational program shall continue to apply to
15 that student following the transfer unless modified in
16 accordance with the provisions of Article 14.
17 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
18 (105 ILCS 5/13A-8)
19 Sec. 13A-8. Funding.
20 (a) The State of Illinois shall provide funding for the
21 alternative school programs within each educational service
22 region and within the Chicago public school system by line
23 item appropriation made to the State Board of Education for
24 that purpose. This money, when appropriated, shall be
25 provided to the regional superintendent, and to the Chicago
26 Board of Education, and to any school district operating
27 under Article 33 of this Code that provides a regional
28 alternative school program, who shall establish a budget,
29 including salaries, for their alternative school programs.
30 Each program shall receive funding in the amount of $30,000
31 plus an amount based on the ratio of the region's or
32 Chicago's best 3 months' average daily attendance in grades
33 pre-kindergarten through 12 to the statewide totals of these
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1 amounts. For purposes of this calculation, the best 3
2 months' average daily attendance for each region or Chicago
3 shall be calculated by adding to the best 3 months' average
4 daily attendance the number of low-income students identified
5 in the most recently available federal census multiplied by
6 one-half times the percentage of the region's or Chicago's
7 low-income students to the State's total low-income students.
8 The State Board of Education shall retain up to 1.1% of the
9 appropriation to be used to provide technical assistance,
10 professional development, and evaluations for the programs.
11 (a-5) Notwithstanding any other provisions of this
12 Section, for the 1998-1999 fiscal year, the total amount
13 distributed under subsection (a) for an alternative school
14 program shall be not less than the total amount that was
15 distributed under that subsection for that alternative school
16 program for the 1997-1998 fiscal year. If an alternative
17 school program is to receive a total distribution under
18 subsection (a) for the 1998-1999 fiscal year that is less
19 than the total distribution that the program received under
20 that subsection for the 1997-1998 fiscal year, that
21 alternative school program shall also receive, from a
22 separate appropriation made for purposes of this subsection
23 (a-5), a supplementary payment equal to the amount by which
24 its total distribution under subsection (a) for the 1997-1998
25 fiscal year exceeds the amount of the total distribution that
26 the alternative school program receives under that subsection
27 for the 1998-1999 fiscal year. If the amount appropriated for
28 supplementary payments to alternative school programs under
29 this subsection (a-5) is insufficient for that purpose, those
30 supplementary payments shall be prorated among the
31 alternative school programs entitled to receive those
32 supplementary payments according to the aggregate amount of
33 the appropriation made for purposes of this subsection (a-5).
34 (b) An alternative school program shall be entitled to
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1 receive general State aid as calculated in subsection (K) of
2 Section 18-8.05 upon filing a claim as provided therein. Any
3 time that a student who is enrolled in an alternative school
4 program spends in work-based learning, community service, or
5 a similar alternative educational setting shall be included
6 in determining the student's minimum number of clock hours of
7 daily school work that constitute a day of attendance for
8 purposes of calculating general State aid.
9 (c) An alternative school program may receive additional
10 funding from its school districts in such amount as may be
11 agreed upon by the parties and necessary to support the
12 program. In addition, an alternative school program is
13 authorized to accept and expend gifts, legacies, and grants,
14 including but not limited to federal grants, from any source
15 for purposes directly related to the conduct and operation of
16 the program.
17 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
18 89-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff.
19 7-31-97; 90-802, eff. 12-15-98.)
20 (105 ILCS 5/13A-12 new)
21 Sec. 13A-12. Alternative school program in region
22 containing a district operating under Article 33. Beginning
23 with the 1999-2000 school year, in any region containing a
24 school district operating under Article 33 of this Code, the
25 board of education of the district shall perform the duties
26 assigned by this Article to the regional superintendent of
27 schools. The board of education shall contract with a
28 nonprofit corporation formed under Illinois law and whose
29 board includes the regional superintendent to administer the
30 alternative school program for the region. The program shall
31 be exempt from State laws and rules governing public schools
32 to the same extent as a charter school established under
33 Article 27A of this Code. This program shall be the sole
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1 alternative school program for the region, provided that the
2 regional superintendent may seek approval under Section 13A-3
3 of this Code to operate an additional program.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".