Bill Text: IL HB3281 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Provides that the gross disobedience or misconduct for which a school board (except Chicago) may expel pupils includes that perpetuated by electronic means. Provides that a school board (including Chicago) may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a certain period of time or may expel a student for a definite period of time if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0340 [HB3281 Detail]

Download: Illinois-2011-HB3281-Amended.html

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Rep. Sidney H. Mathias

Filed: 3/16/2011

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AMENDMENT TO HOUSE BILL 3281
AMENDMENT NO. ______. Amend House Bill 3281 on page 1,
lines 4 and 5, by replacing "Section 10-22.6" with "Sections
10-22.6 and 34-19"; and
on page 6, immediately below line 20, by inserting the
following:
"(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records. The board
shall, subject to the limitations in this Article, establish
by-laws, rules and regulations, which shall have the force of
ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire
management of the schools, and may fix the school age of
pupils, the minimum of which in kindergartens shall not be
under 4 years, except that, based upon an assessment of the

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child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain the age of 6 years on or
before December 31 of the year of the 2009-2010 school term and
each school term thereafter may attend first grade upon
commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the
limitations of all policies established or adopted under
Section 14-8.05, otherwise discipline any pupil found guilty of
gross disobedience, misconduct or other violation of the
by-laws, rules and regulations, including gross disobedience
or misconduct perpetuated by electronic means. The bylaws,
rules and regulations of the board shall be enacted, money
shall be appropriated or expended, salaries shall be fixed or
changed, and textbooks, electronic textbooks, and courses of
instruction shall be adopted or changed only at the regular
meetings of the board and by a vote of a majority of the full
membership of the board; provided that notwithstanding any
other provision of this Article or the School Code, neither the
board or any local school council may purchase any textbook for
use in any public school of the district from any textbook
publisher that fails to furnish any computer diskettes as
required under Section 28-21. Funds appropriated for textbook
purchases must be available for electronic textbook purchases
and the technological equipment necessary to gain access to and

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use electronic textbooks at the local school council's
discretion. The board shall be further encouraged to provide
opportunities for public hearing and testimony before the
adoption of bylaws, rules and regulations. Upon all
propositions requiring for their adoption at least a majority
of all the members of the board the yeas and nays shall be
taken and reported. The by-laws, rules and regulations of the
board shall not be repealed, amended or added to, except by a
vote of 2/3 of the full membership of the board. The board
shall keep a record of all its proceedings. Such records and
all by-laws, rules and regulations, or parts thereof, may be
proved by a copy thereof certified to be such by the secretary
of the board, but if they are printed in book or pamphlet form
which are purported to be published by authority of the board
they need not be otherwise published and the book or pamphlet
shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof,
as of the dates thereof as shown in such book or pamphlet, in
all courts and places where judicial proceedings are had.
Notwithstanding any other provision in this Article or in
the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,
except that the board may not delegate its authorities and

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responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)".