Bill Text: IL HB0592 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the School Code's construction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0592 Detail]
Download: Illinois-2011-HB0592-Amended.html
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the School Code's construction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0592 Detail]
Download: Illinois-2011-HB0592-Amended.html
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1 | AMENDMENT TO HOUSE BILL 592
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2 | AMENDMENT NO. ______. Amend House Bill 592 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-22.6, 13A-3, 13A-4, 13A-11, and 34-19 as follows:
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6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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7 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
8 | searches.
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9 | (a) To expel pupils guilty of gross disobedience or | ||||||
10 | misconduct, and
no action shall lie against them for such | ||||||
11 | expulsion. Expulsion shall
take place only after the parents | ||||||
12 | have been requested to appear at a
meeting of the board, or | ||||||
13 | with a hearing officer appointed by it, to
discuss their | ||||||
14 | child's behavior. Such request shall be made by registered
or | ||||||
15 | certified mail and shall state the time, place and purpose of | ||||||
16 | the
meeting. The board, or a hearing officer appointed by it, |
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1 | at such
meeting shall state the reasons for dismissal and the | ||||||
2 | date on which the
expulsion is to become effective. If a | ||||||
3 | hearing officer is appointed by
the board he shall report to | ||||||
4 | the board a written summary of the evidence
heard at the | ||||||
5 | meeting and the board may take such action thereon as it
finds | ||||||
6 | appropriate. An expelled pupil must be immediately transferred | ||||||
7 | to an alternative program in the manner provided in Article 13A | ||||||
8 | of this Code, except those pupils expelled under the provisions | ||||||
9 | of the federal Gun-Free Schools Act of 1994.
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10 | (b) To suspend or by policy to authorize the superintendent | ||||||
11 | of
the district or the principal, assistant principal, or dean | ||||||
12 | of students
of any school to suspend pupils guilty of gross | ||||||
13 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
14 | gross disobedience or misconduct on the school bus
from riding | ||||||
15 | the school bus, and no action
shall lie against them for such | ||||||
16 | suspension. The board may by policy
authorize the | ||||||
17 | superintendent of the district or the principal, assistant
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18 | principal, or dean of students of any
school to suspend pupils | ||||||
19 | guilty of such acts for a period not to exceed
10 school days. | ||||||
20 | If a pupil is suspended due to gross disobedience or misconduct
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21 | on a school bus, the board may suspend the pupil in excess of | ||||||
22 | 10
school
days for safety reasons. Any suspension shall be | ||||||
23 | reported immediately to the
parents or guardian of such pupil | ||||||
24 | along with a full statement of the
reasons for such suspension | ||||||
25 | and a notice of their right to a review. The school board must | ||||||
26 | be given a summary of the notice, including the reason for the |
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1 | suspension and the suspension length. Upon request of the
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2 | parents or guardian the school board or a hearing officer | ||||||
3 | appointed by
it shall review such action of the superintendent | ||||||
4 | or principal, assistant
principal, or dean of students. At such
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5 | review the parents or guardian of the pupil may appear and | ||||||
6 | discuss the
suspension with the board or its hearing officer. | ||||||
7 | If a hearing officer
is appointed by the board he shall report | ||||||
8 | to the board a written summary
of the evidence heard at the | ||||||
9 | meeting. After its hearing or upon receipt
of the written | ||||||
10 | report of its hearing officer, the board may take such
action | ||||||
11 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
12 | 20 school days must be immediately transferred to an | ||||||
13 | alternative program in the manner provided in Article 13A of | ||||||
14 | this Code.
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15 | (c) The Department of Human Services
shall be invited to | ||||||
16 | send a representative to consult with the board at
such meeting | ||||||
17 | whenever there is evidence that mental illness may be the
cause | ||||||
18 | for expulsion or suspension.
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19 | (d) The board may expel a student for a definite period of | ||||||
20 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
21 | case basis.
A student who
is determined to have brought one of | ||||||
22 | the following objects to school, any school-sponsored activity
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23 | or event, or any activity or event that bears a reasonable | ||||||
24 | relationship to school shall be expelled for a period of not | ||||||
25 | less than
one year: | ||||||
26 | (1) A firearm. For the purposes of this Section, |
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1 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
2 | by Section 921 of Title 18 of the United States Code, | ||||||
3 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
4 | Identification Card Act, or firearm as defined in Section | ||||||
5 | 24-1 of the Criminal Code of 1961. The expulsion period | ||||||
6 | under this subdivision (1) may be modified by the | ||||||
7 | superintendent, and the superintendent's determination may | ||||||
8 | be modified by the board on a case-by-case basis. | ||||||
9 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
10 | regardless of its composition, a billy club, or any other | ||||||
11 | object if used or attempted to be used to cause bodily | ||||||
12 | harm, including "look alikes" of any firearm as defined in | ||||||
13 | subdivision (1) of this subsection (d). The expulsion | ||||||
14 | requirement under this subdivision (2) may be modified by | ||||||
15 | the superintendent, and the superintendent's determination | ||||||
16 | may be modified by the board on a case-by-case basis. | ||||||
17 | Expulsion
or suspension
shall be construed in a
manner | ||||||
18 | consistent with the Federal Individuals with Disabilities | ||||||
19 | Education
Act. A student who is subject to suspension or | ||||||
20 | expulsion as provided in this
Section may be eligible for a | ||||||
21 | transfer to an alternative school program in
accordance with | ||||||
22 | Article 13A of the School Code. The provisions of this
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23 | subsection (d) apply in all school districts,
including special | ||||||
24 | charter districts and districts organized under Article 34.
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25 | (e) To maintain order and security in the schools, school | ||||||
26 | authorities may
inspect and search places and areas such as |
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1 | lockers, desks, parking lots, and
other school property and | ||||||
2 | equipment owned or controlled by the school, as well
as | ||||||
3 | personal effects left in those places and areas by students, | ||||||
4 | without notice
to or the consent of the student, and without a | ||||||
5 | search warrant. As a matter of
public policy, the General | ||||||
6 | Assembly finds that students have no reasonable
expectation of | ||||||
7 | privacy in these places and areas or in their personal effects
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8 | left in these places and areas. School authorities may request | ||||||
9 | the assistance
of law enforcement officials for the purpose of | ||||||
10 | conducting inspections and
searches of lockers, desks, parking | ||||||
11 | lots, and other school property and
equipment owned or | ||||||
12 | controlled by the school for illegal drugs, weapons, or
other
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13 | illegal or dangerous substances or materials, including | ||||||
14 | searches conducted
through the use of specially trained dogs. | ||||||
15 | If a search conducted in accordance
with this Section produces | ||||||
16 | evidence that the student has violated or is
violating either | ||||||
17 | the law, local ordinance, or the school's policies or rules,
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18 | such evidence may be seized by school authorities, and | ||||||
19 | disciplinary action may
be taken. School authorities may also | ||||||
20 | turn over such evidence to law
enforcement authorities. The | ||||||
21 | provisions of this subsection (e) apply in all
school | ||||||
22 | districts, including special charter districts and districts | ||||||
23 | organized
under Article 34.
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24 | (f) Suspension or expulsion may include suspension or | ||||||
25 | expulsion from
school and all school activities and a | ||||||
26 | prohibition from being present on school
grounds.
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1 | (g) A school district may adopt a policy providing that if | ||||||
2 | a student
is suspended or expelled for any reason from any | ||||||
3 | public or private school
in this or any other state, the | ||||||
4 | student must complete the entire term of
the suspension or | ||||||
5 | expulsion in the alternative school program before being | ||||||
6 | admitted into the school
district. This policy may allow | ||||||
7 | placement of the student in an alternative
school program | ||||||
8 | established under Article 13A of this Code, if available, for
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9 | the
remainder of the suspension or expulsion. This subsection | ||||||
10 | (g) applies to
all school districts, including special charter | ||||||
11 | districts and districts
organized under Article 34 of this | ||||||
12 | Code.
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13 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)
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14 | (105 ILCS 5/13A-3)
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15 | Sec. 13A-3. Alternative schools.
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16 | (a) Except with respect to the Chicago public school system | ||||||
17 | as provided in
Section 13A-11, beginning with the 1996-97 | ||||||
18 | school year, there is hereby created
in this
State a system of | ||||||
19 | alternative school education programs. At least one
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20 | alternative
school program must
may be located within each | ||||||
21 | educational service region or established jointly
by more than | ||||||
22 | one regional office of education to serve more than one
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23 | educational service region.
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24 | (b) Each regional superintendent shall hold a public | ||||||
25 | hearing, by December
1 of the school year following the |
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1 | effective date of this amendatory Act of
1995, to determine the | ||||||
2 | need for an alternative school. The hearing shall be
held | ||||||
3 | before the regional board. The regional
superintendent, after | ||||||
4 | consulting with the district
superintendent of each school | ||||||
5 | district located within the regional
superintendent's | ||||||
6 | educational service region and the regional board, shall
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7 | determine the location and the need of
the alternative school | ||||||
8 | within that region. In making this determination, the
regional | ||||||
9 | superintendent shall consider the following:
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10 | (1) the possible utilization of existing buildings, | ||||||
11 | including but not
limited to governmental buildings, that | ||||||
12 | are,
or could reasonably be made, usable as an alternative | ||||||
13 | school;
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14 | (2) which available option would be least costly; and
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15 | (3) distances that administratively transferred | ||||||
16 | students would need to
travel and the costs of that travel.
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17 | (c) Upon determination of the need for establishment of an | ||||||
18 | alternative
school program, each school district located | ||||||
19 | within the region shall
provide the
regional superintendent | ||||||
20 | with a copy of the district's discipline policy and
procedure | ||||||
21 | for effecting the suspension or expulsion of the students of | ||||||
22 | that
district. Thereafter, the regional superintendent in | ||||||
23 | cooperation with a
representative from each school district in | ||||||
24 | the region shall establish and each
school district in the | ||||||
25 | region shall adopt policies and procedures that shall
guide | ||||||
26 | each district in the identification and placement of students |
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1 | in the
alternative school program.
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2 | (d) The regional superintendent shall locate the | ||||||
3 | alternative school
program so that
it is as far away
from any | ||||||
4 | other school buildings or school grounds in that educational | ||||||
5 | service
region as circumstances
permit.
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6 | (e) With the approval of the State board, additional | ||||||
7 | alternative school
programs may
be established in an | ||||||
8 | educational service region. If the regional
superintendent | ||||||
9 | determines that an additional alternative school is required in
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10 | the regional superintendent's educational service region, he | ||||||
11 | or she may
petition the State board to
authorize one or more | ||||||
12 | additional alternative school programs in
that region.
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13 | (f) In determining whether an additional alternative | ||||||
14 | school program is
necessary and
appropriate for an educational | ||||||
15 | service region requesting it, the State board
shall consider, | ||||||
16 | among other factors, the following:
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17 | (1) the geographic size of the educational service | ||||||
18 | region and distances
that students within that region must | ||||||
19 | travel in order to attend the existing
alternative school | ||||||
20 | program;
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21 | (2) the student population of schools comprising the | ||||||
22 | educational service
region and the likely student | ||||||
23 | population of all alternative school programs
within that
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24 | region if the petition is granted;
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25 | (3) any other logistical considerations; and
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26 | (4) the costs necessitated by establishing an |
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1 | additional alternative
school in that educational service | ||||||
2 | region.
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3 | (g) In the event the State board grants a petition for an | ||||||
4 | additional
alternative school program, then the State board, | ||||||
5 | after consulting the
regional
superintendent, shall decide | ||||||
6 | where the additional alternative school
program shall be
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7 | located within that region.
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8 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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9 | (105 ILCS 5/13A-4)
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10 | Sec. 13A-4. Administrative transfers. A student who is | ||||||
11 | determined to be
subject to suspension or expulsion or who is | ||||||
12 | suspended or expelled, in the manner provided by Section | ||||||
13 | 10-22.6
(or,
in the case of a student enrolled in the public | ||||||
14 | schools of a school district
organized under Article 34, in | ||||||
15 | accordance with the uniform system of discipline
established | ||||||
16 | under Section 34-19) , must may be
immediately transferred to | ||||||
17 | the alternative program. At the earliest time
following that | ||||||
18 | transfer appropriate personnel from the sending school | ||||||
19 | district
and appropriate personnel of the alternative program | ||||||
20 | shall meet to develop an
alternative education plan for the | ||||||
21 | student. The student's parent or guardian
shall be requested to | ||||||
22 | appear at invited to this meeting. This request must be made by | ||||||
23 | certified mail or delivered in person and shall state the date, | ||||||
24 | time, place, and purpose of the meeting. The student may be | ||||||
25 | invited. The alternative
educational plan shall include, but |
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1 | not be limited to all of the following:
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2 | (1) The duration of the plan, including a date after | ||||||
3 | which the student may
be returned to the regular | ||||||
4 | educational program in the public schools of the
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5 | transferring district. If the parent or guardian of a | ||||||
6 | student
who is scheduled to be returned to the regular | ||||||
7 | education program in the public
schools of the district | ||||||
8 | files a written objection to the return with the
principal | ||||||
9 | of the alternative school, the matter shall be referred by | ||||||
10 | the
principal to the regional superintendent of the | ||||||
11 | educational service region in
which the alternative school | ||||||
12 | program is located for a hearing. Notice of
the hearing
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13 | shall be given by the regional superintendent to the | ||||||
14 | student's parent or
guardian. After the hearing, the | ||||||
15 | regional superintendent may take such action
as he or she | ||||||
16 | finds appropriate and in the best interests of the student. | ||||||
17 | The
determination of the regional superintendent shall be | ||||||
18 | final.
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19 | (2) The specific academic and behavioral components of | ||||||
20 | the plan.
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21 | (3) A method and time frame for reviewing the student's | ||||||
22 | progress.
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23 | Notwithstanding any other provision of this Article, if a | ||||||
24 | student for whom an
individualized educational program has been | ||||||
25 | developed under Article 14 is
transferred to an alternative | ||||||
26 | school program under this Article 13A, that
individualized |
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1 | educational program shall continue to apply to that student
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2 | following the transfer unless modified in accordance with the | ||||||
3 | provisions of
Article 14.
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4 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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5 | (105 ILCS 5/13A-11)
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6 | Sec. 13A-11. Chicago public schools.
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7 | (a) The Chicago Board of Education shall may
establish | ||||||
8 | alternative schools within Chicago and may contract with third
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9 | parties for services otherwise performed by employees, | ||||||
10 | including those in a
bargaining unit, in accordance with | ||||||
11 | Sections 34-8.1, 34-18, and 34-49.
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12 | (b) Alternative schools operated by third parties within | ||||||
13 | Chicago shall be
exempt from all provisions of the School Code, | ||||||
14 | except provisions concerning:
| ||||||
15 | (1) Student civil rights;
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16 | (2) Staff civil rights;
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17 | (3) Health and safety;
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18 | (4) Performance and financial audits;
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19 | (5) The Illinois Goals Assessment Program;
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20 | (6) Chicago learning outcomes;
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21 | (7) Sections 2-3.25a through 2-3.25j of the School | ||||||
22 | Code;
| ||||||
23 | (8) The Inspector General; and
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24 | (9) Section 34-2.4b of the School Code.
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25 | (Source: P.A. 89-383, eff. 8-18-95; 89-636, 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
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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, except that, based upon an assessment of the | ||||||
11 | child's readiness, children who have attended a non-public | ||||||
12 | preschool and continued their education at that school through | ||||||
13 | kindergarten, were taught in kindergarten by an appropriately | ||||||
14 | certified teacher, and will attain the age of 6 years on or | ||||||
15 | before December 31 of the year of the 2009-2010 school term and | ||||||
16 | each school term thereafter may attend first grade upon | ||||||
17 | commencement of such term, and in grade schools shall not be
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18 | under 6 years. It may expel, suspend or, subject to the | ||||||
19 | limitations of all
policies established or adopted under | ||||||
20 | Section 14-8.05, otherwise discipline any
pupil found guilty of | ||||||
21 | gross disobedience, misconduct or other violation of the
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22 | by-laws, rules and regulations. An expelled pupil must be | ||||||
23 | immediately transferred to an alternative program in the manner | ||||||
24 | provided in Article 13A of this Code, except those pupils | ||||||
25 | expelled under the provisions of the federal Gun-Free Schools |
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1 | Act of 1994. A pupil who is suspended in excess of 20 school | ||||||
2 | days must be immediately transferred to an alternative program | ||||||
3 | in the manner provided in Article 13A of this Code. The bylaws, | ||||||
4 | rules and regulations of the board
shall be enacted, money | ||||||
5 | shall be appropriated or expended, salaries shall be
fixed or | ||||||
6 | changed, and textbooks, electronic textbooks, and courses of | ||||||
7 | instruction shall be adopted or
changed only at the regular | ||||||
8 | meetings of the board and by a vote of a
majority of the full | ||||||
9 | membership of the board; provided that
notwithstanding any | ||||||
10 | other provision of this Article or the School Code,
neither the | ||||||
11 | board or any local school council may purchase any textbook for | ||||||
12 | use in any public school of the
district from any textbook | ||||||
13 | publisher that fails to furnish any computer
diskettes as | ||||||
14 | required under Section 28-21. Funds appropriated for textbook | ||||||
15 | purchases must be available for electronic textbook purchases | ||||||
16 | and the technological equipment necessary to gain access to and | ||||||
17 | use electronic textbooks at the local school council's | ||||||
18 | discretion. The board shall be further
encouraged to provide | ||||||
19 | opportunities for public hearing and testimony before
the | ||||||
20 | adoption of bylaws, rules and regulations. Upon all | ||||||
21 | propositions
requiring for their adoption at least a majority | ||||||
22 | of all the members of the
board the yeas and nays shall be | ||||||
23 | taken and reported. The by-laws, rules and
regulations of the | ||||||
24 | board shall not be repealed, amended or added to, except
by a | ||||||
25 | vote of 2/3 of the full membership of the board. The board | ||||||
26 | shall keep
a record of all its proceedings. Such records and |
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1 | all
by-laws, rules and regulations, or parts thereof, may be | ||||||
2 | proved by a copy
thereof certified to be such by the secretary | ||||||
3 | of the board, but if they are
printed in book or pamphlet form | ||||||
4 | which are purported to be published by
authority of the board | ||||||
5 | they need not be otherwise published and the book or
pamphlet | ||||||
6 | shall be received as evidence, without further proof, of the
| ||||||
7 | records, by-laws, rules and regulations, or any part thereof, | ||||||
8 | as of the
dates thereof as shown in such book or pamphlet, in | ||||||
9 | all courts and places
where judicial proceedings are had. | ||||||
10 | Notwithstanding any other provision in this Article or in | ||||||
11 | the School
Code, the board may delegate to the general | ||||||
12 | superintendent or to the
attorney the authorities granted to | ||||||
13 | the board in the School Code, provided
such delegation and | ||||||
14 | appropriate oversight procedures are made pursuant to
board | ||||||
15 | by-laws, rules and regulations, adopted as herein provided, | ||||||
16 | except that
the board may not delegate its authorities and | ||||||
17 | responsibilities regarding (1)
budget approval obligations; | ||||||
18 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
19 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
20 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
21 | mandates
imposed upon the board by "An Act in relation to | ||||||
22 | school reform in cities over
500,000, amending Acts herein | ||||||
23 | named", approved December 12, 1988 (P.A.
85-1418). | ||||||
24 | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)".
|