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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4655 Introduced 2/5/2014, by Rep. William Davis SYNOPSIS AS INTRODUCED:
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Amends the School Code with respect to the suspension and expulsion of pupils. Provides for the expulsion of pupils by removing a pupil from a school or educational setting for a period of more than 10 school days for posing a significant threat of imminent serious harm to other pupils or to staff (instead of providing for the expulsion of pupils guilty of gross disobedience or misconduct). Provides for the suspension of pupils by removing a pupil from a school or educational setting for a period of not more than 10 days for a serious act of misconduct (instead of providing for the suspension of pupils guilty of gross disobedience or misconduct); makes related changes. Sets forth limitations on out-of-school suspensions. Requires behavioral support services and alternative educational services to be provided to certain students. Provides that, unless otherwise required by statute for a specific criminal offense, a student may not be arrested or otherwise cited for a criminal offense committed during school hours while on school grounds, in a school vehicle, or at a school activity or school-sanctioned event unless the offense constitutes a felony or the student has committed an identical offense within the preceding 6 months. Requires reports to be made for certain incidents. Provides that students may not be counseled by any school employee to leave school voluntarily in order to avoid formal disciplinary proceedings or because of any other disciplinary concerns. Provides that a student may not be issued a monetary fine or fee as a disciplinary consequence. Provides for charter school and alternative school application.
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| | | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 10-22.6, 13A-11, 27A-5, 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 by removing a pupil from a school or |
| 10 | | educational setting for a period of more than 10 school days |
| 11 | | for posing a significant threat of imminent serious harm to |
| 12 | | other pupils or to staff, guilty of gross disobedience or |
| 13 | | misconduct, including gross disobedience or misconduct |
| 14 | | perpetuated by electronic means, and
no action shall lie |
| 15 | | against them for such expulsion. Expulsion shall
take place |
| 16 | | only after the parents have been requested to appear at a
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| 17 | | meeting of the board, or with a hearing officer appointed by |
| 18 | | it, to
discuss their child's behavior. Such request shall be |
| 19 | | made by registered
or certified mail and shall state the time, |
| 20 | | place and purpose of the
meeting. The board, or a hearing |
| 21 | | officer appointed by it, at such
meeting shall state the |
| 22 | | reasons for dismissal and the date on which the
expulsion is to |
| 23 | | become effective. If a hearing officer is appointed by
the |
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| 1 | | board he shall report to the board a written summary of the |
| 2 | | evidence
heard at the meeting and the board may take such |
| 3 | | action thereon as it
finds appropriate. An expelled pupil may |
| 4 | | be immediately transferred to an alternative program in the |
| 5 | | manner provided in Article 13A or 13B of this Code. A pupil |
| 6 | | must not be denied transfer because of the expulsion, except in |
| 7 | | cases in which such transfer is deemed to cause a threat to the |
| 8 | | safety of students or staff in the alternative program.
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| 9 | | (b) To suspend or by policy to authorize the superintendent |
| 10 | | of
the district or the principal, assistant principal, or dean |
| 11 | | of students
of any school to suspend pupils by removing a pupil |
| 12 | | from a school or educational setting for a period of not more |
| 13 | | than 10 school days for a serious act of misconduct guilty of |
| 14 | | gross disobedience or misconduct, or
to suspend pupils guilty |
| 15 | | of gross disobedience or misconduct on the school bus
from |
| 16 | | riding the school bus for a serious act of misconduct on the |
| 17 | | school bus, and no action
shall lie against them for such |
| 18 | | suspensions suspension. The board may by policy
authorize the |
| 19 | | superintendent of the district or the principal, assistant
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| 20 | | principal, or dean of students of any
school to suspend pupils |
| 21 | | guilty of such acts for a period not to exceed
10 school days. |
| 22 | | If a pupil is suspended for a serious act of due to gross |
| 23 | | disobedience or misconduct
on a school bus, the board may |
| 24 | | suspend the pupil in excess of 10
school
days for safety |
| 25 | | reasons. Any suspension shall be reported immediately to the
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| 26 | | parents or guardian of such pupil along with a full statement |
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| 1 | | of the
reasons for such suspension and a notice of their right |
| 2 | | to a review. The school board must be given a summary of the |
| 3 | | notice, including the reason for the suspension and the |
| 4 | | suspension length. Upon request of the
parents or guardian the |
| 5 | | school board or a hearing officer appointed by
it shall review |
| 6 | | such action of the superintendent or principal, assistant
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| 7 | | principal, or dean of students. At such
review the parents or |
| 8 | | guardian of the pupil may appear and discuss the
suspension |
| 9 | | with the board or its hearing officer. If a hearing officer
is |
| 10 | | appointed by the board he shall report to the board a written |
| 11 | | summary
of the evidence heard at the meeting. After its hearing |
| 12 | | or upon receipt
of the written report of its hearing officer, |
| 13 | | the board may take such
action as it finds appropriate. A pupil |
| 14 | | who is suspended in excess of 20 school days may be immediately |
| 15 | | transferred to an alternative program in the manner provided in |
| 16 | | Article 13A or 13B of this Code. A pupil must not be denied |
| 17 | | transfer because of the suspension, except in cases in which |
| 18 | | such transfer is deemed to cause a threat to the safety of |
| 19 | | students or staff in the alternative program.
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| 20 | | (c) The Department of Human Services
shall be invited to |
| 21 | | send a representative to consult with the board at
such meeting |
| 22 | | whenever there is evidence that mental illness may be the
cause |
| 23 | | for expulsion or suspension.
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| 24 | | (d) The board may expel a student for a definite period of |
| 25 | | time not to
exceed 2 calendar years, as determined on a case by |
| 26 | | case basis.
A student who
is determined to have brought one of |
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| 1 | | the following objects to school, any school-sponsored activity
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| 2 | | or event, or any activity or event that bears a reasonable |
| 3 | | relationship to school shall be expelled for a period of not |
| 4 | | less than
one year: |
| 5 | | (1) A firearm. For the purposes of this Section, |
| 6 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
| 7 | | by Section 921 of Title 18 of the United States Code, |
| 8 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 9 | | Identification Card Act, or firearm as defined in Section |
| 10 | | 24-1 of the Criminal Code of 2012. The expulsion period |
| 11 | | under this subdivision (1) may be modified by the |
| 12 | | superintendent, and the superintendent's determination may |
| 13 | | be modified by the board on a case-by-case basis. |
| 14 | | (2) A knife, brass knuckles or other knuckle weapon |
| 15 | | regardless of its composition, a billy club, or any other |
| 16 | | object if used or attempted to be used to cause bodily |
| 17 | | harm, including "look alikes" of any firearm as defined in |
| 18 | | subdivision (1) of this subsection (d). The expulsion |
| 19 | | requirement under this subdivision (2) may be modified by |
| 20 | | the superintendent, and the superintendent's determination |
| 21 | | may be modified by the board on a case-by-case basis. |
| 22 | | Expulsion
or suspension
shall be construed in a
manner |
| 23 | | consistent with the Federal Individuals with Disabilities |
| 24 | | Education
Act. |
| 25 | | A student who is subject to suspension or expulsion as |
| 26 | | provided in this
Section may be eligible for a transfer to an |
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| 1 | | alternative school program in
accordance with Article 13A of |
| 2 | | the School Code. |
| 3 | | Out-of-school suspensions of up to 3 school days may be |
| 4 | | used only when necessary to protect the safety of other |
| 5 | | students or staff within the school or to avoid a significant |
| 6 | | disruption of the educational process. A student may not be |
| 7 | | removed from school for longer than 3 school days or removed to |
| 8 | | an alternative setting for disciplinary reasons unless it is |
| 9 | | necessary to avoid a significant threat of imminent serious |
| 10 | | harm to other students or to staff. All school exclusions must |
| 11 | | be limited in duration to the greatest extent practicable. |
| 12 | | The provisions of this
subsection (d) apply in all school |
| 13 | | districts,
including special charter districts and districts |
| 14 | | organized under Article 34.
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| 15 | | (d-5) The board may suspend or by regulation
authorize the |
| 16 | | superintendent of the district or the principal, assistant
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| 17 | | principal, or dean of students of any
school to suspend a |
| 18 | | student for a period not to exceed
10 school days or may expel |
| 19 | | a student for a definite period of time not to
exceed 2 |
| 20 | | calendar years, as determined on a case by case basis, if (i) |
| 21 | | that student has been determined to have made an explicit |
| 22 | | threat on an Internet website against a school employee, a |
| 23 | | student, or any school-related personnel, (ii) the Internet |
| 24 | | website through which the threat was made is a site that was |
| 25 | | accessible within the school at the time the threat was made or |
| 26 | | was available to third parties who worked or studied within the |
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| 1 | | school grounds at the time the threat was made, and (iii) the |
| 2 | | threat could be reasonably interpreted as threatening to the |
| 3 | | safety and security of the threatened individual because of his |
| 4 | | or her duties or employment status or status as a student |
| 5 | | inside the school. The provisions of this
subsection (d-5) |
| 6 | | apply in all school districts,
including special charter |
| 7 | | districts and districts organized under Article 34 of this |
| 8 | | Code.
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| 9 | | (e) To maintain order and security in the schools, school |
| 10 | | authorities may
inspect and search places and areas such as |
| 11 | | lockers, desks, parking lots, and
other school property and |
| 12 | | equipment owned or controlled by the school, as well
as |
| 13 | | personal effects left in those places and areas by students, |
| 14 | | without notice
to or the consent of the student, and without a |
| 15 | | search warrant. As a matter of
public policy, the General |
| 16 | | Assembly finds that students have no reasonable
expectation of |
| 17 | | privacy in these places and areas or in their personal effects
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| 18 | | left in these places and areas. School authorities may request |
| 19 | | the assistance
of law enforcement officials for the purpose of |
| 20 | | conducting inspections and
searches of lockers, desks, parking |
| 21 | | lots, and other school property and
equipment owned or |
| 22 | | controlled by the school for illegal drugs, weapons, or
other
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| 23 | | illegal or dangerous substances or materials, including |
| 24 | | searches conducted
through the use of specially trained dogs. |
| 25 | | If a search conducted in accordance
with this Section produces |
| 26 | | evidence that the student has violated or is
violating either |
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| 1 | | the law, local ordinance, or the school's policies or rules,
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| 2 | | such evidence may be seized by school authorities, and |
| 3 | | disciplinary action may
be taken. School authorities may also |
| 4 | | turn over such evidence to law
enforcement authorities. The |
| 5 | | provisions of this subsection (e) apply in all
school |
| 6 | | districts, including special charter districts and districts |
| 7 | | organized
under Article 34.
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| 8 | | (f) Suspension or expulsion may include suspension or |
| 9 | | expulsion from
school and all school activities and a |
| 10 | | prohibition from being present on school
grounds.
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| 11 | | (g) A school district may adopt a policy providing that if |
| 12 | | a student
is suspended or expelled for any reason from any |
| 13 | | public or private school
in this or any other state, the |
| 14 | | student must complete the entire term of
the suspension or |
| 15 | | expulsion in an alternative school program under Article 13A of |
| 16 | | this Code or an alternative learning opportunities program |
| 17 | | under Article 13B of this Code before being admitted into the |
| 18 | | school
district if there is no threat to the safety of students |
| 19 | | or staff in the alternative program. This subsection (g) |
| 20 | | applies to
all school districts, including special charter |
| 21 | | districts and districts
organized under Article 34 of this |
| 22 | | Code.
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| 23 | | (h) Students who are suspended out of school for longer |
| 24 | | than 3 school days or removed to an alternative setting for |
| 25 | | disciplinary reasons must be provided with behavioral support |
| 26 | | services, as well alternative educational services, to promote |
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| 1 | | their successful return to their regular school. This |
| 2 | | subsection (h) applies to all school districts, including |
| 3 | | special charter districts and districts organized under |
| 4 | | Article 34 of this Code. |
| 5 | | (i) Unless otherwise required by statute for a specific |
| 6 | | criminal offense, a student may not be arrested or otherwise |
| 7 | | cited for a criminal offense committed during school hours |
| 8 | | while on school grounds, in a school vehicle, or at a school |
| 9 | | activity or school-sanctioned event unless the offense |
| 10 | | constitutes a felony in one of the classes defined in the |
| 11 | | Criminal Code of 2012 or the student has committed an identical |
| 12 | | offense within the preceding 6 months while on school grounds, |
| 13 | | in a school vehicle, or at a school activity or |
| 14 | | school-sanctioned event. |
| 15 | | Nothing in this subsection (i) shall require the referral |
| 16 | | of a student suspected of committing a felony offense to a law |
| 17 | | enforcement officer or law enforcement agency. School |
| 18 | | employees and officials retain their authority and discretion |
| 19 | | under existing law to address a student's behavior through the |
| 20 | | existing school discipline structure as modified by this |
| 21 | | amendatory Act of the 98th General Assembly. |
| 22 | | Nothing in this subsection (i) limits the rights and duties |
| 23 | | of teachers, school administrators, other school district |
| 24 | | employees, and law enforcement officers from reporting and |
| 25 | | responding to criminal conduct by any individual who is not a |
| 26 | | student under the school district's jurisdiction. |
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| 1 | | This subsection (i) applies to all school districts, |
| 2 | | including special charter districts and districts organized |
| 3 | | under Article 34 of this Code. |
| 4 | | (j) All incidents resulting in an out-of-school suspension |
| 5 | | longer than 3 days, removal to an alternative setting, arrest, |
| 6 | | or criminal citation must be documented in a written report |
| 7 | | that includes a detailed description of the behavior at issue |
| 8 | | and an explanation of why the actions taken were necessary. |
| 9 | | These individual reports must be immediately provided to the |
| 10 | | parent or guardian of the student and must be complied by each |
| 11 | | school district into an annual summary report that is available |
| 12 | | for public review. This subsection (j) applies to all school |
| 13 | | districts, including special charter districts and districts |
| 14 | | organized under Article 34 of this Code. |
| 15 | | (k) Students may not be counseled by any school employee to |
| 16 | | leave school voluntarily in order to avoid formal disciplinary |
| 17 | | proceedings or because of any other disciplinary concerns. A |
| 18 | | student may not be issued a monetary fine or fee as a |
| 19 | | disciplinary consequence. |
| 20 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
| 21 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
| 22 | | 97-1150, eff. 1-25-13.)
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| 23 | | (105 ILCS 5/13A-11)
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| 24 | | Sec. 13A-11. Chicago public schools.
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| 25 | | (a) The Chicago Board of Education may
establish |
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| 1 | | alternative schools within Chicago and may contract with third
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| 2 | | parties for services otherwise performed by employees, |
| 3 | | including those in a
bargaining unit, in accordance with |
| 4 | | Sections 34-8.1, 34-18, and 34-49.
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| 5 | | (b) Alternative schools operated by third parties within |
| 6 | | Chicago shall be
exempt from all provisions of this the School |
| 7 | | Code, except provisions concerning:
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| 8 | | (1) student Student civil rights;
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| 9 | | (2) staff Staff civil rights;
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| 10 | | (3) health Health and safety;
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| 11 | | (4) performance Performance and financial audits;
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| 12 | | (5) the The Illinois Goals Assessment Program;
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| 13 | | (6) Chicago learning outcomes;
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| 14 | | (7) Sections 2-3.25a through 2-3.25j of this the School |
| 15 | | Code;
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| 16 | | (8) the The Inspector General; and
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| 17 | | (9) Section 34-2.4b of this the School Code; and . |
| 18 | | (10) the discipline of students under Sections 10-22.6 |
| 19 | | and 34-19 of this Code.
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| 20 | | (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
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| 21 | | (105 ILCS 5/27A-5)
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| 22 | | Sec. 27A-5. Charter school; legal entity; requirements.
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| 23 | | (a) A charter school shall be a public, nonsectarian, |
| 24 | | nonreligious, non-home
based, and non-profit school. A charter |
| 25 | | school shall be organized and operated
as a nonprofit |
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| 1 | | corporation or other discrete, legal, nonprofit entity
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| 2 | | authorized under the laws of the State of Illinois.
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| 3 | | (b) A charter school may be established under this Article |
| 4 | | by creating a new
school or by converting an existing public |
| 5 | | school or attendance center to
charter
school status.
Beginning |
| 6 | | on the effective date of this amendatory Act of the 93rd |
| 7 | | General
Assembly, in all new
applications submitted to the |
| 8 | | State Board or a local school board to establish
a charter
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| 9 | | school in a city having a population exceeding 500,000, |
| 10 | | operation of the
charter
school shall be limited to one campus. |
| 11 | | The changes made to this Section by this
amendatory Act
of the |
| 12 | | 93rd General
Assembly do not apply to charter schools existing |
| 13 | | or approved on or before the
effective date of this
amendatory |
| 14 | | Act. |
| 15 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
| 16 | | the teaching of courses through online methods with online |
| 17 | | instructors, rather than the instructor and student being at |
| 18 | | the same physical location. "Virtual-schooling" includes |
| 19 | | without limitation instruction provided by full-time, online |
| 20 | | virtual schools. |
| 21 | | From April 1, 2013 through April 1, 2014, there is a |
| 22 | | moratorium on the establishment of charter schools with |
| 23 | | virtual-schooling components in school districts other than a |
| 24 | | school district organized under Article 34 of this Code. This |
| 25 | | moratorium does not apply to a charter school with |
| 26 | | virtual-schooling components existing or approved prior to |
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| 1 | | April 1, 2013 or to the renewal of the charter of a charter |
| 2 | | school with virtual-schooling components already approved |
| 3 | | prior to April 1, 2013. |
| 4 | | On or before March 1, 2014, the Commission shall submit to |
| 5 | | the General Assembly a report on the effect of |
| 6 | | virtual-schooling, including without limitation the effect on |
| 7 | | student performance, the costs associated with |
| 8 | | virtual-schooling, and issues with oversight. The report shall |
| 9 | | include policy recommendations for virtual-schooling.
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| 10 | | (c) A charter school shall be administered and governed by |
| 11 | | its board of
directors or other governing body
in the manner |
| 12 | | provided in its charter. The governing body of a charter school
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| 13 | | shall be subject to the Freedom of Information Act and the Open |
| 14 | | Meetings Act.
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| 15 | | (d) A charter school shall comply with all applicable |
| 16 | | health and safety
requirements applicable to public schools |
| 17 | | under the laws of the State of
Illinois.
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| 18 | | (e) Except as otherwise provided in the School Code, a |
| 19 | | charter school shall
not charge tuition; provided that a |
| 20 | | charter school may charge reasonable fees
for textbooks, |
| 21 | | instructional materials, and student activities.
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| 22 | | (f) A charter school shall be responsible for the |
| 23 | | management and operation
of its fiscal affairs including,
but |
| 24 | | not limited to, the preparation of its budget. An audit of each |
| 25 | | charter
school's finances shall be conducted annually by an |
| 26 | | outside, independent
contractor retained by the charter |
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| 1 | | school. Annually, by December 1, every charter school must |
| 2 | | submit to the State Board a copy of its audit and a copy of the |
| 3 | | Form 990 the charter school filed that year with the federal |
| 4 | | Internal Revenue Service.
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| 5 | | (g) A charter school shall comply with all provisions of |
| 6 | | this Article, the Illinois Educational Labor Relations Act, and
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| 7 | | its charter. A charter
school is exempt from all other State |
| 8 | | laws and regulations in this the School Code
governing public
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| 9 | | schools and local school board policies, except the following:
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| 10 | | (1) Sections 10-21.9 and 34-18.5 of this the School |
| 11 | | Code regarding criminal
history records checks and checks |
| 12 | | of the Statewide Sex Offender Database and Statewide |
| 13 | | Murderer and Violent Offender Against Youth Database of |
| 14 | | applicants for employment;
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| 15 | | (2) Sections 10-22.6, 24-24, 34-19, and 34-84A of this |
| 16 | | the School Code regarding discipline of
students;
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| 17 | | (3) the The Local Governmental and Governmental |
| 18 | | Employees Tort Immunity Act;
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| 19 | | (4) Section 108.75 of the General Not For Profit |
| 20 | | Corporation Act of 1986
regarding indemnification of |
| 21 | | officers, directors, employees, and agents;
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| 22 | | (5) the The Abused and Neglected Child Reporting Act;
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| 23 | | (6) the The Illinois School Student Records Act;
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| 24 | | (7) Section 10-17a of this the School Code regarding |
| 25 | | school report cards; and
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| 26 | | (8) the The P-20 Longitudinal Education Data System |
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| 1 | | Act. |
| 2 | | The change made by Public Act 96-104 to this subsection (g) |
| 3 | | is declaratory of existing law. |
| 4 | | (h) A charter school may negotiate and contract with a |
| 5 | | school district, the
governing body of a State college or |
| 6 | | university or public community college, or
any other public or |
| 7 | | for-profit or nonprofit private entity for: (i) the use
of a |
| 8 | | school building and grounds or any other real property or |
| 9 | | facilities that
the charter school desires to use or convert |
| 10 | | for use as a charter school site,
(ii) the operation and |
| 11 | | maintenance thereof, and
(iii) the provision of any service, |
| 12 | | activity, or undertaking that the charter
school is required to |
| 13 | | perform in order to carry out the terms of its charter.
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| 14 | | However, a charter school
that is established on
or
after the |
| 15 | | effective date of this amendatory Act of the 93rd General
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| 16 | | Assembly and that operates
in a city having a population |
| 17 | | exceeding
500,000 may not contract with a for-profit entity to
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| 18 | | manage or operate the school during the period that commences |
| 19 | | on the
effective date of this amendatory Act of the 93rd |
| 20 | | General Assembly and
concludes at the end of the 2004-2005 |
| 21 | | school year.
Except as provided in subsection (i) of this |
| 22 | | Section, a school district may
charge a charter school |
| 23 | | reasonable rent for the use of the district's
buildings, |
| 24 | | grounds, and facilities. Any services for which a charter |
| 25 | | school
contracts
with a school district shall be provided by |
| 26 | | the district at cost. Any services
for which a charter school |
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| 1 | | contracts with a local school board or with the
governing body |
| 2 | | of a State college or university or public community college
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| 3 | | shall be provided by the public entity at cost.
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| 4 | | (i) In no event shall a charter school that is established |
| 5 | | by converting an
existing school or attendance center to |
| 6 | | charter school status be required to
pay rent for space
that is |
| 7 | | deemed available, as negotiated and provided in the charter |
| 8 | | agreement,
in school district
facilities. However, all other |
| 9 | | costs for the operation and maintenance of
school district |
| 10 | | facilities that are used by the charter school shall be subject
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| 11 | | to negotiation between
the charter school and the local school |
| 12 | | board and shall be set forth in the
charter.
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| 13 | | (j) A charter school may limit student enrollment by age or |
| 14 | | grade level.
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| 15 | | (k) If the charter school is approved by the Commission, |
| 16 | | then the Commission charter school is its own local education |
| 17 | | agency. |
| 18 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; |
| 19 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
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| 20 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) |
| 21 | | Sec. 34-19. By-laws, rules and regulations; business |
| 22 | | transacted at
regular meetings; voting; records. The board |
| 23 | | shall, subject to the limitations
in this Article, establish |
| 24 | | by-laws, rules and regulations, which shall have the
force of |
| 25 | | ordinances, for the proper maintenance of a uniform system of
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| 1 | | discipline for both employees and pupils, and for the entire |
| 2 | | management of the
schools, and may fix the school age of |
| 3 | | pupils, the minimum of which in
kindergartens shall not be |
| 4 | | under 4 years, except that, based upon an assessment of the |
| 5 | | child's readiness, children who have attended a non-public |
| 6 | | preschool and continued their education at that school through |
| 7 | | kindergarten, were taught in kindergarten by an appropriately |
| 8 | | certified teacher, and will attain the age of 6 years on or |
| 9 | | before December 31 of the year of the 2009-2010 school term and |
| 10 | | each school term thereafter may attend first grade upon |
| 11 | | commencement of such term, and in grade schools shall not be
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| 12 | | under 6 years. It may expel a pupil by removing the pupil from |
| 13 | | a school or educational setting for a period of more than 10 |
| 14 | | school days for posing a significant threat of imminent serious |
| 15 | | harm to other pupils or to staff, suspend a pupil by removing |
| 16 | | the pupil from a school or educational setting for a period of |
| 17 | | not more than 10 school days for a serious act of misconduct, |
| 18 | | or, subject to the limitations of all
policies established or |
| 19 | | adopted under Section 14-8.05, otherwise discipline any
pupil |
| 20 | | found guilty of violating gross disobedience, misconduct or |
| 21 | | other violation of the
by-laws, rules, and regulations, |
| 22 | | including gross disobedience or misconduct perpetuated by |
| 23 | | electronic means. Students may not be counseled by any school |
| 24 | | employee to leave school voluntarily in order to avoid formal |
| 25 | | disciplinary proceedings or because of any other disciplinary |
| 26 | | concerns. A student may not be issued a monetary fine or fee as |
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| 1 | | a disciplinary consequence. An expelled pupil may be |
| 2 | | immediately transferred to an alternative program in the manner |
| 3 | | provided in Article 13A or 13B of this Code. A pupil must not |
| 4 | | be denied transfer because of the expulsion, except in cases in |
| 5 | | which such transfer is deemed to cause a threat to the safety |
| 6 | | of students or staff in the alternative program. A pupil who is |
| 7 | | suspended in excess of 20 school days may be immediately |
| 8 | | transferred to an alternative program in the manner provided in |
| 9 | | Article 13A or 13B of this Code. A pupil must not be denied |
| 10 | | transfer because of the suspension, except in cases in which |
| 11 | | such transfer is deemed to cause a threat to the safety of |
| 12 | | students or staff in the alternative program. The bylaws, rules |
| 13 | | and regulations of the board
shall be enacted, money shall be |
| 14 | | appropriated or expended, salaries shall be
fixed or changed, |
| 15 | | and textbooks, electronic textbooks, and courses of |
| 16 | | instruction shall be adopted or
changed only at the regular |
| 17 | | meetings of the board and by a vote of a
majority of the full |
| 18 | | membership of the board; provided that
notwithstanding any |
| 19 | | other provision of this Article or the School Code,
neither the |
| 20 | | board or any local school council may purchase any textbook for |
| 21 | | use in any public school of the
district from any textbook |
| 22 | | publisher that fails to furnish any computer
diskettes as |
| 23 | | required under Section 28-21. Funds appropriated for textbook |
| 24 | | purchases must be available for electronic textbook purchases |
| 25 | | and the technological equipment necessary to gain access to and |
| 26 | | use electronic textbooks at the local school council's |
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| 1 | | discretion. The board shall be further
encouraged to provide |
| 2 | | opportunities for public hearing and testimony before
the |
| 3 | | adoption of bylaws, rules and regulations. Upon all |
| 4 | | propositions
requiring for their adoption at least a majority |
| 5 | | of all the members of the
board the yeas and nays shall be |
| 6 | | taken and reported. The by-laws, rules and
regulations of the |
| 7 | | board shall not be repealed, amended or added to, except
by a |
| 8 | | vote of 2/3 of the full membership of the board. The board |
| 9 | | shall keep
a record of all its proceedings. Such records and |
| 10 | | all
by-laws, rules and regulations, or parts thereof, may be |
| 11 | | proved by a copy
thereof certified to be such by the secretary |
| 12 | | of the board, but if they are
printed in book or pamphlet form |
| 13 | | which are purported to be published by
authority of the board |
| 14 | | they need not be otherwise published and the book or
pamphlet |
| 15 | | shall be received as evidence, without further proof, of the
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| 16 | | records, by-laws, rules and regulations, or any part thereof, |
| 17 | | as of the
dates thereof as shown in such book or pamphlet, in |
| 18 | | all courts and places
where judicial proceedings are had. |
| 19 | | Notwithstanding any other provision in this Article or in |
| 20 | | the School
Code, the board may delegate to the general |
| 21 | | superintendent or to the
attorney the authorities granted to |
| 22 | | the board in the School Code, provided
such delegation and |
| 23 | | appropriate oversight procedures are made pursuant to
board |
| 24 | | by-laws, rules and regulations, adopted as herein provided, |
| 25 | | except that
the board may not delegate its authorities and |
| 26 | | responsibilities regarding (1)
budget approval obligations; |
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| 1 | | (2) rule-making functions; (3) desegregation
obligations; (4) |
| 2 | | real estate acquisition, sale or lease in excess of 10 years
as |
| 3 | | provided in Section 34-21; (5) the levy of taxes; or (6) any |
| 4 | | mandates
imposed upon the board by "An Act in relation to |
| 5 | | school reform in cities over
500,000, amending Acts herein |
| 6 | | named", approved December 12, 1988 (P.A.
85-1418). |
| 7 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; |
| 8 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. |
| 9 | | 7-13-12.)
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
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