Bill Text: IL HB4275 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning truants' alternative and optional education programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4275 Detail]

Download: Illinois-2011-HB4275-Amended.html

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Rep. Elizabeth Hernandez

Filed: 3/26/2012

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AMENDMENT TO HOUSE BILL 4275
AMENDMENT NO. ______. Amend House Bill 4275 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
10-22.6, 13A-4, 13A-11, and 34-19 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, and no action shall lie
against them for such expulsion. Expulsion shall take place
only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by
it, to discuss their child's behavior. Such request shall be
made by registered or certified mail and shall state the time,

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place and purpose of the meeting. The board, or a hearing
officer appointed by it, at such meeting shall state the
reasons for dismissal and the date on which the expulsion is to
become effective. If a hearing officer is appointed by the
board he shall report to the board a written summary of the
evidence heard at the meeting and the board may take such
action thereon as it finds appropriate. In school districts
located in whole or in part within counties that have a
municipality with a population of 500,000 or more, an expelled
pupil must be immediately transferred to an alternative program
in the manner provided in Article 13A or 13B of this Code,
except those pupils expelled under the provisions of the
federal Gun-Free Schools Act of 1994. In school districts
located outside of counties that have a municipality with a
population of 500,000 or more, an An expelled pupil may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the expulsion, except in cases in
which such transfer is deemed to cause a threat to the safety
of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, and no action shall lie against them for such

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suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons. Any suspension shall be
reported immediately to the parents or guardian of such pupil
along with a full statement of the reasons for such suspension
and a notice of their right to a review. The school board must
be given a summary of the notice, including the reason for the
suspension and the suspension length. Upon request of the
parents or guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent
or principal, assistant principal, or dean of students. At such
review the parents or guardian of the pupil may appear and
discuss the suspension with the board or its hearing officer.
If a hearing officer is appointed by the board he shall report
to the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate. In school districts located in whole
or in part within counties that have a municipality with a
population of 500,000 or more, a pupil who is suspended in
excess of 20 school days must be immediately transferred to an
alternative program in the manner provided in Article 13A or

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13B of this Code. In school districts located outside of
counties that have a municipality with a population of 500,000
or more, a A pupil who is suspended in excess of 20 school days
may be immediately transferred to an alternative program in the
manner provided in Article 13A or 13B of this Code. A pupil
must not be denied transfer because of the suspension, except
in cases in which such transfer is deemed to cause a threat to
the safety of students or staff in the alternative program.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a case by
case basis. A student who is determined to have brought one of
the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable
relationship to school shall be expelled for a period of not
less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 1961. The expulsion period
under this subdivision (1) may be modified by the

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superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
(d-5) The board 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 period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case by case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a

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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. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other

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illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. This subsection (g)
applies to all school districts, including special charter
districts and districts organized under Article 34 of this
Code.

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(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
(105 ILCS 5/13A-4)
Sec. 13A-4. Administrative transfers. 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, or a
student enrolled in a school district located in whole or in
part within a county that has a municipality with a population
of 500,000 or more, a student who is determined to be subject
to suspension or expulsion or who is suspended or expelled, in
the manner provided by Section 10-22.6, must be immediately
transferred to the alternative program. In all other cases, a A
student who is determined to be subject to suspension or
expulsion or who is suspended or expelled, 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 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
requested to appear at invited to this meeting. In school

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districts located in whole or in part within counties that have
a municipality with a population of 500,000 or more, this
request must be made by certified mail or delivered in person;
state the date, time, place, and purpose of the meeting; and
provide notice that the parents or guardians will be given an
opportunity to speak regarding their expectations for the
alternative education plan. The student may be invited. 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 may be returned to the regular
educational program in the public schools of the
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
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.
(3) A method and time frame for reviewing the student's
progress.
(4) For school districts located in whole or in part
within counties that have a municipality with a population
of 500,000 or more, a parental involvement section. The
parental involvement section shall state whether there was
involvement by the parent, guardian, or student in
developing the alternative education plan.
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 individualized
educational 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.)
(105 ILCS 5/13A-11)
Sec. 13A-11. Chicago public schools.
(a) The Chicago Board of Education shall may establish
alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, in accordance with
Sections 34-8.1, 34-18, and 34-49.

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(b) Alternative schools operated by third parties within
Chicago shall be exempt from all provisions of the School Code,
except provisions concerning:
(1) Student civil rights;
(2) Staff civil rights;
(3) Health and safety;
(4) Performance and financial audits;
(5) The Illinois Goals Assessment Program;
(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of the School
Code;
(8) The Inspector General; and
(9) Section 34-2.4b of the School Code.
(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
(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
child's readiness, children who have attended a non-public

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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. An expelled
pupil must may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code, except those pupils expelled under the provisions of the
federal Gun-Free Schools Act of 1994. A pupil must not be
denied transfer because of the expulsion, except in cases in
which such transfer is deemed to cause a threat to the safety
of students or staff in the alternative program. A pupil who is
suspended in excess of 20 school days must may be immediately
transferred to an alternative program in the manner provided in
Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the suspension, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program. The bylaws, rules
and regulations of the board shall be enacted, money shall be

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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
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

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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
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;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)".