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91_HB3914
LRB9111780NTks
1 AN ACT to amend the School Code.
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 2-3.13a, 10-22.6, 13A-4, and 34-19 as follows:
6 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
7 Sec. 2-3.13a. Scholastic records; transferring students.
8 The State Board of Education shall establish and implement
9 rules requiring all of the public schools and all private or
10 nonpublic elementary and secondary schools located in this
11 State, whenever any such school has a student who is
12 transferring to any other public elementary or secondary
13 school located in this or in any other state, to forward
14 within 10 days of notice of the student's transfer an
15 unofficial record of that student's grades to the school to
16 which such student is transferring. Each public school at
17 the same time also shall forward to the school to which the
18 student is transferring the remainder of the student's school
19 student records as required by the Illinois School Student
20 Records Act. In addition, if a student is transferring from a
21 public school, whether located in this or any other state,
22 from which the student has been suspended or expelled for
23 knowingly possessing in a school building or on school
24 grounds a weapon as defined in the Gun Free Schools Act (20
25 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
26 delivering in a school building or on school grounds a
27 controlled substance or cannabis, or for battering a staff
28 member of the school, and if the period of suspension or
29 expulsion has not expired at the time the student attempts to
30 transfer into another public school in the same or any other
31 school district: (i) any school student records required to
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1 be transferred shall include the date and duration of the
2 period of suspension or expulsion; and (ii) with the
3 exception of transfers into the Department of Corrections
4 school district, the student shall not be permitted to attend
5 class in the public school into which he or she is
6 transferring until the student has served the entire period
7 of the suspension or expulsion imposed by the school from
8 which the student is transferring, provided that the school
9 board may be allowed or required to approve the placement of
10 the student in an alternative school program established
11 under Article 13A of this Code Act. Each public school and
12 each private or nonpublic elementary or secondary school in
13 this State shall within 10 days after the student has paid
14 all of his or her outstanding fines and fees and at its own
15 expense forward an official transcript of the scholastic
16 records of each student transferring from that school in
17 strict accordance with the provisions of this Section and the
18 rules established by the State Board of Education as herein
19 provided.
20 The State Board of Education shall develop a one-page
21 standard form that Illinois school districts are required to
22 provide to any student who is moving out of the school
23 district and that contains the information about whether or
24 not the student is "in good standing" and whether or not his
25 or her medical records are up-to-date and complete. As used
26 in this Section, "in good standing" means that the student is
27 not being disciplined by a suspension or expulsion, but is
28 entitled to attend classes. No school district is required
29 to admit a new student who is transferring from another
30 Illinois school district unless he or she can produce the
31 standard form from the student's previous school district
32 enrollment. No school district is required to admit a new
33 student who is transferring from an out-of-state public
34 school unless the parent or guardian of the student certifies
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1 in writing that the student is not currently serving a
2 suspension or expulsion imposed by the school from which the
3 student is transferring.
4 (Source: P.A. 91-365, eff. 7-30-99.)
5 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
6 Sec. 10-22.6. Suspension or expulsion of pupils; school
7 searches.
8 (a) To expel pupils guilty of gross disobedience or
9 misconduct, and no action shall lie against them for such
10 expulsion. Expulsion shall take place only after the parents
11 have been requested to appear at a meeting of the board, or
12 with a hearing officer appointed by it, to discuss their
13 child's behavior. Such request shall be made by registered or
14 certified mail and shall state the time, place and purpose of
15 the meeting. The board, or a hearing officer appointed by it,
16 at such meeting shall state the reasons for dismissal and the
17 date on which the expulsion is to become effective. If a
18 hearing officer is appointed by the board he shall report to
19 the board a written summary of the evidence heard at the
20 meeting and the board may take such action thereon as it
21 finds appropriate.
22 (b) To suspend or by regulation to authorize the
23 superintendent of the district or the principal, assistant
24 principal, or dean of students of any school to suspend
25 pupils guilty of gross disobedience or misconduct, or to
26 suspend pupils guilty of gross disobedience or misconduct on
27 the school bus from riding the school bus, and no action
28 shall lie against them for such suspension. The board may by
29 regulation authorize the superintendent of the district or
30 the principal, assistant principal, or dean of students of
31 any school to suspend pupils guilty of such acts for a period
32 not to exceed 10 school days. If a pupil is suspended due to
33 gross disobedience or misconduct on a school bus, the board
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1 may suspend the pupil in excess of 10 school days for safety
2 reasons. Any suspension shall be reported immediately to the
3 parents or guardian of such pupil along with a full statement
4 of the reasons for such suspension and a notice of their
5 right to a review, a copy of which shall be given to the
6 school board. Upon request of the parents or guardian the
7 school board or a hearing officer appointed by it shall
8 review such action of the superintendent or principal,
9 assistant principal, or dean of students. At such review the
10 parents or guardian of the pupil may appear and discuss the
11 suspension with the board or its hearing officer. If a
12 hearing officer is appointed by the board he shall report to
13 the board a written summary of the evidence heard at the
14 meeting. After its hearing or upon receipt of the written
15 report of its hearing officer, the board may take such action
16 as it finds appropriate.
17 (c) The Department of Human Services shall be invited to
18 send a representative to consult with the board at such
19 meeting whenever there is evidence that mental illness may be
20 the cause for expulsion or suspension.
21 (d) The board may expel a student for a definite period
22 of time not to exceed 2 calendar years, as determined on a
23 case by case basis. A student who is determined to have
24 brought a weapon to school, any school-sponsored activity or
25 event, or any activity or event which bears a reasonable
26 relationship to school shall be expelled for a period of not
27 less than one year, except that the expulsion period may be
28 modified by the superintendent, and the superintendent's
29 determination may be modified by the board on a case by case
30 basis. For the purpose of this Section, the term "weapon"
31 means (1) possession, use, control, or transfer of any gun,
32 rifle, shotgun, weapon as defined by Section 921 of Title 18,
33 United States Code, firearm as defined in Section 1.1 of the
34 Firearm Owners Identification Act, or use of a weapon as
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1 defined in Section 24-1 of the Criminal Code, (2) any other
2 object if used or attempted to be used to cause bodily harm,
3 including but not limited to, knives, brass knuckles, or
4 billy clubs, or (3) "look alikes" of any weapon as defined in
5 this Section. Expulsion or suspension shall be construed in a
6 manner consistent with the Federal Individuals with
7 Disabilities Education Act. A student who is subject to
8 suspension or expulsion as provided in this Section may be
9 eligible for a transfer to an alternative school program in
10 accordance with Article 13A of the School Code. The
11 provisions of this subsection (d) apply in all school
12 districts, including special charter districts and districts
13 organized under Article 34.
14 (d-5) If the board adopts a zero tolerance discipline
15 policy, the policy must explicitly state minimum and maximum
16 penalties for infractions.
17 (e) To maintain order and security in the schools,
18 school authorities may inspect and search places and areas
19 such as lockers, desks, parking lots, and other school
20 property and equipment owned or controlled by the school, as
21 well as personal effects left in those places and areas by
22 students, without notice to or the consent of the student,
23 and without a search warrant. As a matter of public policy,
24 the General Assembly finds that students have no reasonable
25 expectation of privacy in these places and areas or in their
26 personal effects left in these places and areas. School
27 authorities may request the assistance of law enforcement
28 officials for the purpose of conducting inspections and
29 searches of lockers, desks, parking lots, and other school
30 property and equipment owned or controlled by the school for
31 illegal drugs, weapons, or other illegal or dangerous
32 substances or materials, including searches conducted through
33 the use of specially trained dogs. If a search conducted in
34 accordance with this Section produces evidence that the
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1 student has violated or is violating either the law, local
2 ordinance, or the school's policies or rules, such evidence
3 may be seized by school authorities, and disciplinary action
4 may be taken. School authorities may also turn over such
5 evidence to law enforcement authorities. The provisions of
6 this subsection (e) apply in all school districts, including
7 special charter districts and districts organized under
8 Article 34.
9 (f) Suspension or expulsion may include suspension or
10 expulsion from school and all school activities and a
11 prohibition from being present on school grounds.
12 (g) The board shall make public information regarding
13 school discipline by race and gender.
14 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
15 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
16 1-1-98; 90-757, eff. 8-14-98.)
17 (105 ILCS 5/13A-4)
18 Sec. 13A-4. Administrative transfers. A student who is
19 determined to be subject to suspension or expulsion in the
20 manner provided by Section 10-22.6 (or, in the case of a
21 student enrolled in the public schools of a school district
22 organized under Article 34, in accordance with the uniform
23 system of discipline established under Section 34-19) may be
24 immediately transferred to the alternative program. A student
25 who is determined to be subject to expulsion in the manner
26 provided by Section 10-22.6 (or, in the case of a student
27 enrolled in the public schools of a school district organized
28 under Article 34, in accordance with the uniform system of
29 discipline established under Section 34-19) must be
30 immediately transferred to the alternative program, if the
31 program is available. At the earliest time following that
32 transfer appropriate personnel from the sending school
33 district and appropriate personnel of the alternative program
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1 shall meet to develop an alternative education plan for the
2 student. The student's parent or guardian shall be invited
3 to this meeting. The student may be invited. The
4 alternative educational plan shall include, but not be
5 limited to all of the following:
6 (1) The duration of the plan, including a date
7 after which the student may be returned to the regular
8 educational program in the public schools of the
9 transferring district. If the parent or guardian of a
10 student who is scheduled to be returned to the regular
11 education program in the public schools of the district
12 files a written objection to the return with the
13 principal of the alternative school, the matter shall be
14 referred by the principal to the regional superintendent
15 of the educational service region in which the
16 alternative school program is located for a hearing.
17 Notice of the hearing shall be given by the regional
18 superintendent to the student's parent or guardian.
19 After the hearing, the regional superintendent may take
20 such action as he or she finds appropriate and in the
21 best interests of the student. The determination of the
22 regional superintendent shall be final.
23 (2) The specific academic and behavioral components
24 of the plan.
25 (3) A method and time frame for reviewing the
26 student's progress.
27 Notwithstanding any other provision of this Article, if a
28 student for whom an individualized educational program has
29 been developed under Article 14 is transferred to an
30 alternative school program under this Article 13A, that
31 individualized educational program shall continue to apply to
32 that student following the transfer unless modified in
33 accordance with the provisions of Article 14.
34 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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1 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
2 Sec. 34-19. By-laws, rules and regulations; business
3 transacted at regular meetings; voting; records. The board
4 shall, subject to the limitations in this Article, establish
5 by-laws, rules and regulations, which shall have the force of
6 ordinances, for the proper maintenance of a uniform system of
7 discipline for both employees and pupils, and for the entire
8 management of the schools, and may fix the school age of
9 pupils, the minimum of which in kindergartens shall not be
10 under 4 years and in grade schools shall not be under 6
11 years. It may expel, suspend or, subject to the limitations
12 of all policies established or adopted under Section 14-8.05,
13 otherwise discipline any pupil found guilty of gross
14 disobedience, misconduct or other violation of the by-laws,
15 rules and regulations. If the board adopts a zero tolerance
16 discipline policy, the policy must explicitly state minimum
17 and maximum penalties for infractions. The board shall make
18 public information regarding school discipline by race and
19 gender. The bylaws, rules and regulations of the board shall
20 be enacted, money shall be appropriated or expended, salaries
21 shall be fixed or changed, and textbooks and courses of
22 instruction shall be adopted or changed only at the regular
23 meetings of the board and by a vote of a majority of the full
24 membership of the board; provided that notwithstanding any
25 other provision of this Article or the School Code, neither
26 the board or any local school council may purchase any
27 textbook for use in any public school of the district from
28 any textbook publisher that fails to furnish any computer
29 diskettes as required under Section 28-21. The board shall be
30 further encouraged to provide opportunities for public
31 hearing and testimony before the adoption of bylaws, rules
32 and regulations. Upon all propositions requiring for their
33 adoption at least a majority of all the members of the board
34 the yeas and nays shall be taken and reported. The by-laws,
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1 rules and regulations of the board shall not be repealed,
2 amended or added to, except by a vote of 2/3 of the full
3 membership of the board. The board shall keep a record of all
4 its proceedings. Such records and all by-laws, rules and
5 regulations, or parts thereof, may be proved by a copy
6 thereof certified to be such by the secretary of the board,
7 but if they are printed in book or pamphlet form which are
8 purported to be published by authority of the board they need
9 not be otherwise published and the book or pamphlet shall be
10 received as evidence, without further proof, of the records,
11 by-laws, rules and regulations, or any part thereof, as of
12 the dates thereof as shown in such book or pamphlet, in all
13 courts and places where judicial proceedings are had.
14 Notwithstanding any other provision in this Article or in
15 the School Code, the board may delegate to the general
16 superintendent or to the attorney the authorities granted to
17 the board in the School Code, provided such delegation and
18 appropriate oversight procedures are made pursuant to board
19 by-laws, rules and regulations, adopted as herein provided,
20 except that the board may not delegate its authorities and
21 responsibilities regarding (1) budget approval obligations;
22 (2) rule-making functions; (3) desegregation obligations; (4)
23 real estate acquisition, sale or lease in excess of 10 years
24 as provided in Section 34-21; (5) the levy of taxes; or (6)
25 any mandates imposed upon the board by "An Act in relation to
26 school reform in cities over 500,000, amending Acts herein
27 named", approved December 12, 1988 (P.A. 85-1418).
28 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
29 Section 99. Effective date. This Act takes effect on
30 July 1, 2000.