Bill Text: IL HB4775 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Allows a school board to suspend or authorize the superintendent of the district or the principal, assistant principal, or dean of students of a school to suspend a student for a period not to exceed 10 school days or to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if the student has been charged with a violent felony and the charges are pending or if the student has been convicted of a violent felony. Defines "violent felony". Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4775 Detail]
Download: Illinois-2013-HB4775-Amended.html
Bill Title: Amends the School Code. Allows a school board to suspend or authorize the superintendent of the district or the principal, assistant principal, or dean of students of a school to suspend a student for a period not to exceed 10 school days or to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if the student has been charged with a violent felony and the charges are pending or if the student has been convicted of a violent felony. Defines "violent felony". Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4775 Detail]
Download: Illinois-2013-HB4775-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4775
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4775 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-22.6, 27A-5, and 34-19 as follows:
| ||||||
6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||||||
7 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
8 | searches.
| ||||||
9 | (a) To expel pupils guilty of gross disobedience or | ||||||
10 | misconduct, including gross disobedience or misconduct | ||||||
11 | perpetuated by electronic means, or to expel pupils as provided | ||||||
12 | in subsection (d-10) of this Section, and
no action shall lie | ||||||
13 | against them for such expulsion. Expulsion shall
take place | ||||||
14 | only after the parents have been requested to appear at a
| ||||||
15 | meeting of the board, or with a hearing officer appointed by | ||||||
16 | it, to
discuss their child's behavior. Such request shall be |
| |||||||
| |||||||
1 | made by registered
or certified mail and shall state the time, | ||||||
2 | place and purpose of the
meeting. The board, or a hearing | ||||||
3 | officer appointed by it, at such
meeting shall state the | ||||||
4 | reasons for dismissal and the date on which the
expulsion is to | ||||||
5 | become effective. If a hearing officer is appointed by
the | ||||||
6 | board he shall report to the board a written summary of the | ||||||
7 | evidence
heard at the meeting and the board may take such | ||||||
8 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
9 | be immediately transferred to an alternative program in the | ||||||
10 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
11 | must not be denied transfer because of the expulsion, except in | ||||||
12 | cases in which such transfer is deemed to cause a threat to the | ||||||
13 | safety of students or staff in the alternative program.
| ||||||
14 | (b) To suspend or by policy to authorize the superintendent | ||||||
15 | of
the district or the principal, assistant principal, or dean | ||||||
16 | of students
of any school to suspend pupils guilty of gross | ||||||
17 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
18 | gross disobedience or misconduct on the school bus
from riding | ||||||
19 | the school bus, or to suspend pupils as provided in subsection | ||||||
20 | (d-10) of this Section, and no action
shall lie against them | ||||||
21 | for such suspension. The board may by policy
authorize the | ||||||
22 | superintendent of the district or the principal, assistant
| ||||||
23 | principal, or dean of students of any
school to suspend pupils | ||||||
24 | guilty of such acts for a period not to exceed
10 school days. | ||||||
25 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
26 | on a school bus, the board may suspend the pupil in excess of |
| |||||||
| |||||||
1 | 10
school
days for safety reasons. Any suspension shall be | ||||||
2 | reported immediately to the
parents or guardian of such pupil | ||||||
3 | along with a full statement of the
reasons for such suspension | ||||||
4 | and a notice of their right to a review. The school board must | ||||||
5 | be given a summary of the notice, including the reason for the | ||||||
6 | suspension and the suspension length. Upon request of the
| ||||||
7 | parents or guardian the school board or a hearing officer | ||||||
8 | appointed by
it shall review such action of the superintendent | ||||||
9 | or principal, assistant
principal, or dean of students. At such
| ||||||
10 | review the parents or guardian of the pupil may appear and | ||||||
11 | discuss the
suspension with the board or its hearing officer. | ||||||
12 | If a hearing officer
is appointed by the board he shall report | ||||||
13 | to the board a written summary
of the evidence heard at the | ||||||
14 | meeting. After its hearing or upon receipt
of the written | ||||||
15 | report of its hearing officer, the board may take such
action | ||||||
16 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
17 | 20 school days may be immediately transferred to an alternative | ||||||
18 | program in the manner provided in Article 13A or 13B of this | ||||||
19 | Code. A pupil must not be denied transfer because of the | ||||||
20 | suspension, except in cases in which such transfer is deemed to | ||||||
21 | cause a threat to the safety of students or staff in the | ||||||
22 | alternative program.
| ||||||
23 | (c) The Department of Human Services
shall be invited to | ||||||
24 | send a representative to consult with the board at
such meeting | ||||||
25 | whenever there is evidence that mental illness may be the
cause | ||||||
26 | for expulsion or suspension.
|
| |||||||
| |||||||
1 | (d) The board may expel a student for a definite period of | ||||||
2 | time not to
exceed 2 calendar years, as determined on a | ||||||
3 | case-by-case case by case basis.
A student who
is determined to | ||||||
4 | have brought one of the following objects to school, any | ||||||
5 | school-sponsored activity
or event, or any activity or event | ||||||
6 | that bears a reasonable relationship to school shall be | ||||||
7 | expelled for a period of not less than
one year: | ||||||
8 | (1) A firearm. For the purposes of this Section, | ||||||
9 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
10 | by Section 921 of Title 18 of the United States Code, | ||||||
11 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act, or firearm as defined in Section | ||||||
13 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
14 | under this subdivision (1) may be modified by the | ||||||
15 | superintendent, and the superintendent's determination may | ||||||
16 | be modified by the board on a case-by-case basis. | ||||||
17 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
18 | regardless of its composition, a billy club, or any other | ||||||
19 | object if used or attempted to be used to cause bodily | ||||||
20 | harm, including "look alikes" of any firearm as defined in | ||||||
21 | subdivision (1) of this subsection (d). The expulsion | ||||||
22 | requirement under this subdivision (2) may be modified by | ||||||
23 | the superintendent, and the superintendent's determination | ||||||
24 | may be modified by the board on a case-by-case basis. | ||||||
25 | Expulsion
or suspension
shall be construed in a
manner | ||||||
26 | consistent with the Federal Individuals with Disabilities |
| |||||||
| |||||||
1 | Education
Act. A student who is subject to suspension or | ||||||
2 | expulsion as provided in this
Section may be eligible for a | ||||||
3 | transfer to an alternative school program in
accordance with | ||||||
4 | Article 13A of the School Code. The provisions of this
| ||||||
5 | subsection (d) apply in all school districts,
including special | ||||||
6 | charter districts and districts organized under Article 34.
| ||||||
7 | (d-5) The board may suspend or by regulation
authorize the | ||||||
8 | superintendent of the district or the principal, assistant
| ||||||
9 | principal, or dean of students of any
school to suspend a | ||||||
10 | student for a period not to exceed
10 school days or may expel | ||||||
11 | a student for a definite period of time not to
exceed 2 | ||||||
12 | calendar years, as determined on a case-by-case case by case | ||||||
13 | basis, if (i) that student has been determined to have made an | ||||||
14 | explicit threat on an Internet website against a school | ||||||
15 | employee, a student, or any school-related personnel, (ii) the | ||||||
16 | Internet website through which the threat was made is a site | ||||||
17 | that was accessible within the school at the time the threat | ||||||
18 | was made or was available to third parties who worked or | ||||||
19 | studied within the school grounds at the time the threat was | ||||||
20 | made, and (iii) the threat could be reasonably interpreted as | ||||||
21 | threatening to the safety and security of the threatened | ||||||
22 | individual because of his or her duties or employment status or | ||||||
23 | status as a student inside the school. The provisions of this
| ||||||
24 | subsection (d-5) apply in all school districts,
including | ||||||
25 | special charter districts and districts organized under | ||||||
26 | Article 34 of this Code.
|
| |||||||
| |||||||
1 | (d-10) In this subsection (d-10), "violent felony" means a | ||||||
2 | violent felony as defined in Section 5 of the Medical School | ||||||
3 | Matriculant Criminal History Records Check Act. | ||||||
4 | Subject to subsections (a) and (b) of this Section, the | ||||||
5 | board may suspend or, by policy, authorize the superintendent | ||||||
6 | of the district or the principal, assistant principal, or dean | ||||||
7 | of students of a school to suspend a student for a period not | ||||||
8 | to exceed 10 school days or may expel a student for a definite | ||||||
9 | period of time not to exceed 2 calendar years, as determined on | ||||||
10 | a case-by-case basis, if (i) the student has been convicted of | ||||||
11 | a violent felony and (ii) the board or, as authorized by board | ||||||
12 | policy, the superintendent of the district or the principal, | ||||||
13 | assistant principal, or dean of students of the school | ||||||
14 | determines that the student's continued presence in school | ||||||
15 | would have a substantial detrimental effect on the general | ||||||
16 | welfare of the school. The board may also authorize the | ||||||
17 | superintendent of the district to immediately refer or transfer | ||||||
18 | the student to another attendance center or alternative school, | ||||||
19 | as specified in Article 13A of this Code, if the student has | ||||||
20 | been charged with a violent felony. | ||||||
21 | The provisions of this subsection (d-10) apply in all | ||||||
22 | school districts, including special charter districts and | ||||||
23 | districts organized under Article 34 of this Code. | ||||||
24 | (e) To maintain order and security in the schools, school | ||||||
25 | authorities may
inspect and search places and areas such as | ||||||
26 | lockers, desks, parking lots, and
other school property and |
| |||||||
| |||||||
1 | equipment owned or controlled by the school, as well
as | ||||||
2 | personal effects left in those places and areas by students, | ||||||
3 | without notice
to or the consent of the student, and without a | ||||||
4 | search warrant. As a matter of
public policy, the General | ||||||
5 | Assembly finds that students have no reasonable
expectation of | ||||||
6 | privacy in these places and areas or in their personal effects
| ||||||
7 | left in these places and areas. School authorities may request | ||||||
8 | the assistance
of law enforcement officials for the purpose of | ||||||
9 | conducting inspections and
searches of lockers, desks, parking | ||||||
10 | lots, and other school property and
equipment owned or | ||||||
11 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
12 | illegal or dangerous substances or materials, including | ||||||
13 | searches conducted
through the use of specially trained dogs. | ||||||
14 | If a search conducted in accordance
with this Section produces | ||||||
15 | evidence that the student has violated or is
violating either | ||||||
16 | the law, local ordinance, or the school's policies or rules,
| ||||||
17 | such evidence may be seized by school authorities, and | ||||||
18 | disciplinary action may
be taken. School authorities may also | ||||||
19 | turn over such evidence to law
enforcement authorities. The | ||||||
20 | provisions of this subsection (e) apply in all
school | ||||||
21 | districts, including special charter districts and districts | ||||||
22 | organized
under Article 34.
| ||||||
23 | (f) Suspension or expulsion may include suspension or | ||||||
24 | expulsion from
school and all school activities and a | ||||||
25 | prohibition from being present on school
grounds.
| ||||||
26 | (g) A school district may adopt a policy providing that if |
| |||||||
| |||||||
1 | a student
is suspended or expelled for any reason from any | ||||||
2 | public or private school
in this or any other state, the | ||||||
3 | student must complete the entire term of
the suspension or | ||||||
4 | expulsion in an alternative school program under Article 13A of | ||||||
5 | this Code or an alternative learning opportunities program | ||||||
6 | under Article 13B of this Code before being admitted into the | ||||||
7 | school
district if there is no threat to the safety of students | ||||||
8 | or staff in the alternative program. This subsection (g) | ||||||
9 | applies to
all school districts, including special charter | ||||||
10 | districts and districts
organized under Article 34 of this | ||||||
11 | Code.
| ||||||
12 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
13 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
14 | 97-1150, eff. 1-25-13.)
| ||||||
15 | (105 ILCS 5/27A-5)
| ||||||
16 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
17 | (a) A charter school shall be a public, nonsectarian, | ||||||
18 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
19 | school shall be organized and operated
as a nonprofit | ||||||
20 | corporation or other discrete, legal, nonprofit entity
| ||||||
21 | authorized under the laws of the State of Illinois.
| ||||||
22 | (b) A charter school may be established under this Article | ||||||
23 | by creating a new
school or by converting an existing public | ||||||
24 | school or attendance center to
charter
school status.
Beginning | ||||||
25 | on the effective date of this amendatory Act of the 93rd |
| |||||||
| |||||||
1 | General
Assembly, in all new
applications submitted to the | ||||||
2 | State Board or a local school board to establish
a charter
| ||||||
3 | school in a city having a population exceeding 500,000, | ||||||
4 | operation of the
charter
school shall be limited to one campus. | ||||||
5 | The changes made to this Section by this
amendatory Act
of the | ||||||
6 | 93rd General
Assembly do not apply to charter schools existing | ||||||
7 | or approved on or before the
effective date of this
amendatory | ||||||
8 | Act. | ||||||
9 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
10 | the teaching of courses through online methods with online | ||||||
11 | instructors, rather than the instructor and student being at | ||||||
12 | the same physical location. "Virtual-schooling" includes | ||||||
13 | without limitation instruction provided by full-time, online | ||||||
14 | virtual schools. | ||||||
15 | From April 1, 2013 through April 1, 2014, there is a | ||||||
16 | moratorium on the establishment of charter schools with | ||||||
17 | virtual-schooling components in school districts other than a | ||||||
18 | school district organized under Article 34 of this Code. This | ||||||
19 | moratorium does not apply to a charter school with | ||||||
20 | virtual-schooling components existing or approved prior to | ||||||
21 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
22 | school with virtual-schooling components already approved | ||||||
23 | prior to April 1, 2013. | ||||||
24 | On or before March 1, 2014, the Commission shall submit to | ||||||
25 | the General Assembly a report on the effect of | ||||||
26 | virtual-schooling, including without limitation the effect on |
| |||||||
| |||||||
1 | student performance, the costs associated with | ||||||
2 | virtual-schooling, and issues with oversight. The report shall | ||||||
3 | include policy recommendations for virtual-schooling.
| ||||||
4 | (c) A charter school shall be administered and governed by | ||||||
5 | its board of
directors or other governing body
in the manner | ||||||
6 | provided in its charter. The governing body of a charter school
| ||||||
7 | shall be subject to the Freedom of Information Act and the Open | ||||||
8 | Meetings Act.
| ||||||
9 | (d) A charter school shall comply with all applicable | ||||||
10 | health and safety
requirements applicable to public schools | ||||||
11 | under the laws of the State of
Illinois.
| ||||||
12 | (e) Except as otherwise provided in the School Code, a | ||||||
13 | charter school shall
not charge tuition; provided that a | ||||||
14 | charter school may charge reasonable fees
for textbooks, | ||||||
15 | instructional materials, and student activities.
| ||||||
16 | (f) A charter school shall be responsible for the | ||||||
17 | management and operation
of its fiscal affairs including,
but | ||||||
18 | not limited to, the preparation of its budget. An audit of each | ||||||
19 | charter
school's finances shall be conducted annually by an | ||||||
20 | outside, independent
contractor retained by the charter | ||||||
21 | school. Annually, by December 1, every charter school must | ||||||
22 | submit to the State Board a copy of its audit and a copy of the | ||||||
23 | Form 990 the charter school filed that year with the federal | ||||||
24 | Internal Revenue Service.
| ||||||
25 | (g) A charter school shall comply with all provisions of | ||||||
26 | this Article, the Illinois Educational Labor Relations Act, and
|
| |||||||
| |||||||
1 | its charter. A charter
school is exempt from all other State | ||||||
2 | laws and regulations in the School Code
governing public
| ||||||
3 | schools and local school board policies, except the following:
| ||||||
4 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
5 | regarding criminal
history records checks and checks of the | ||||||
6 | Statewide Sex Offender Database and Statewide Murderer and | ||||||
7 | Violent Offender Against Youth Database of applicants for | ||||||
8 | employment;
| ||||||
9 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
10 | regarding discipline of
students;
| ||||||
11 | (3) The Local Governmental and Governmental Employees | ||||||
12 | Tort Immunity Act;
| ||||||
13 | (4) Section 108.75 of the General Not For Profit | ||||||
14 | Corporation Act of 1986
regarding indemnification of | ||||||
15 | officers, directors, employees, and agents;
| ||||||
16 | (5) The Abused and Neglected Child Reporting Act;
| ||||||
17 | (6) The Illinois School Student Records Act;
| ||||||
18 | (7) Section 10-17a of the School Code regarding school | ||||||
19 | report cards; and
| ||||||
20 | (8) The P-20 Longitudinal Education Data System Act ; | ||||||
21 | and . | ||||||
22 | (9) Subsection (d-10) of Section 10-22.6 of the School | ||||||
23 | Code regarding students charged with or convicted of a | ||||||
24 | violent felony. | ||||||
25 | The change made by Public Act 96-104 to this subsection (g) | ||||||
26 | is declaratory of existing law. |
| |||||||
| |||||||
1 | (h) A charter school may negotiate and contract with a | ||||||
2 | school district, the
governing body of a State college or | ||||||
3 | university or public community college, or
any other public or | ||||||
4 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
5 | school building and grounds or any other real property or | ||||||
6 | facilities that
the charter school desires to use or convert | ||||||
7 | for use as a charter school site,
(ii) the operation and | ||||||
8 | maintenance thereof, and
(iii) the provision of any service, | ||||||
9 | activity, or undertaking that the charter
school is required to | ||||||
10 | perform in order to carry out the terms of its charter.
| ||||||
11 | However, a charter school
that is established on
or
after the | ||||||
12 | effective date of this amendatory Act of the 93rd General
| ||||||
13 | Assembly and that operates
in a city having a population | ||||||
14 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
15 | manage or operate the school during the period that commences | ||||||
16 | on the
effective date of this amendatory Act of the 93rd | ||||||
17 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
18 | school year.
Except as provided in subsection (i) of this | ||||||
19 | Section, a school district may
charge a charter school | ||||||
20 | reasonable rent for the use of the district's
buildings, | ||||||
21 | grounds, and facilities. Any services for which a charter | ||||||
22 | school
contracts
with a school district shall be provided by | ||||||
23 | the district at cost. Any services
for which a charter school | ||||||
24 | contracts with a local school board or with the
governing body | ||||||
25 | of a State college or university or public community college
| ||||||
26 | shall be provided by the public entity at cost.
|
| |||||||
| |||||||
1 | (i) In no event shall a charter school that is established | ||||||
2 | by converting an
existing school or attendance center to | ||||||
3 | charter school status be required to
pay rent for space
that is | ||||||
4 | deemed available, as negotiated and provided in the charter | ||||||
5 | agreement,
in school district
facilities. However, all other | ||||||
6 | costs for the operation and maintenance of
school district | ||||||
7 | facilities that are used by the charter school shall be subject
| ||||||
8 | to negotiation between
the charter school and the local school | ||||||
9 | board and shall be set forth in the
charter.
| ||||||
10 | (j) A charter school may limit student enrollment by age or | ||||||
11 | grade level.
| ||||||
12 | (k) If the charter school is approved by the Commission, | ||||||
13 | then the Commission charter school is its own local education | ||||||
14 | agency. | ||||||
15 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
16 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| ||||||
17 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||||||
18 | Sec. 34-19. By-laws, rules and regulations; business | ||||||
19 | transacted at
regular meetings; voting; records. The board | ||||||
20 | shall, subject to the limitations
in this Article, establish | ||||||
21 | by-laws, rules and regulations, which shall have the
force of | ||||||
22 | ordinances, for the proper maintenance of a uniform system of
| ||||||
23 | discipline for both employees and pupils, and for the entire | ||||||
24 | management of the
schools, and may fix the school age of | ||||||
25 | pupils, the minimum of which in
kindergartens shall not be |
| |||||||
| |||||||
1 | under 4 years, except that, based upon an assessment of the | ||||||
2 | child's readiness, children who have attended a non-public | ||||||
3 | preschool and continued their education at that school through | ||||||
4 | kindergarten, were taught in kindergarten by an appropriately | ||||||
5 | certified teacher, and will attain the age of 6 years on or | ||||||
6 | before December 31 of the year of the 2009-2010 school term and | ||||||
7 | each school term thereafter may attend first grade upon | ||||||
8 | commencement of such term, and in grade schools shall not be
| ||||||
9 | under 6 years. It may expel, suspend or, subject to the | ||||||
10 | limitations of all
policies established or adopted under | ||||||
11 | Section 14-8.05, otherwise discipline any
pupil found guilty of | ||||||
12 | gross disobedience, misconduct or other violation of the
| ||||||
13 | by-laws, rules and regulations, including gross disobedience | ||||||
14 | or misconduct perpetuated by electronic means , and may expel, | ||||||
15 | suspend, or transfer pupils as provided in subsection (d-10) of | ||||||
16 | Section 10-22.6 of this Code . An expelled pupil may be | ||||||
17 | immediately transferred to an alternative program in the manner | ||||||
18 | provided in Article 13A or 13B of this Code. A pupil must not | ||||||
19 | be denied transfer because of the expulsion, except in cases in | ||||||
20 | which such transfer is deemed to cause a threat to the safety | ||||||
21 | of students or staff in the alternative program. A pupil who is | ||||||
22 | suspended in excess of 20 school days may be immediately | ||||||
23 | transferred to an alternative program in the manner provided in | ||||||
24 | Article 13A or 13B of this Code. A pupil must not be denied | ||||||
25 | transfer because of the suspension, except in cases in which | ||||||
26 | such transfer is deemed to cause a threat to the safety of |
| |||||||
| |||||||
1 | students or staff in the alternative program. The bylaws, rules | ||||||
2 | and regulations of the board
shall be enacted, money shall be | ||||||
3 | appropriated or expended, salaries shall be
fixed or changed, | ||||||
4 | and textbooks, electronic textbooks, and courses of | ||||||
5 | instruction shall be adopted or
changed only at the regular | ||||||
6 | meetings of the board and by a vote of a
majority of the full | ||||||
7 | membership of the board; provided that
notwithstanding any | ||||||
8 | other provision of this Article or the School Code,
neither the | ||||||
9 | board or any local school council may purchase any textbook for | ||||||
10 | use in any public school of the
district from any textbook | ||||||
11 | publisher that fails to furnish any computer
diskettes as | ||||||
12 | required under Section 28-21. Funds appropriated for textbook | ||||||
13 | purchases must be available for electronic textbook purchases | ||||||
14 | and the technological equipment necessary to gain access to and | ||||||
15 | use electronic textbooks at the local school council's | ||||||
16 | discretion. The board shall be further
encouraged to provide | ||||||
17 | opportunities for public hearing and testimony before
the | ||||||
18 | adoption of bylaws, rules and regulations. Upon all | ||||||
19 | propositions
requiring for their adoption at least a majority | ||||||
20 | of all the members of the
board the yeas and nays shall be | ||||||
21 | taken and reported. The by-laws, rules and
regulations of the | ||||||
22 | board shall not be repealed, amended or added to, except
by a | ||||||
23 | vote of 2/3 of the full membership of the board. The board | ||||||
24 | shall keep
a record of all its proceedings. Such records and | ||||||
25 | all
by-laws, rules and regulations, or parts thereof, may be | ||||||
26 | proved by a copy
thereof certified to be such by the secretary |
| |||||||
| |||||||
1 | of the board, but if they are
printed in book or pamphlet form | ||||||
2 | which are purported to be published by
authority of the board | ||||||
3 | they need not be otherwise published and the book or
pamphlet | ||||||
4 | shall be received as evidence, without further proof, of the
| ||||||
5 | records, by-laws, rules and regulations, or any part thereof, | ||||||
6 | as of the
dates thereof as shown in such book or pamphlet, in | ||||||
7 | all courts and places
where judicial proceedings are had. | ||||||
8 | Notwithstanding any other provision in this Article or in | ||||||
9 | the School
Code, the board may delegate to the general | ||||||
10 | superintendent or to the
attorney the authorities granted to | ||||||
11 | the board in the School Code, provided
such delegation and | ||||||
12 | appropriate oversight procedures are made pursuant to
board | ||||||
13 | by-laws, rules and regulations, adopted as herein provided, | ||||||
14 | except that
the board may not delegate its authorities and | ||||||
15 | responsibilities regarding (1)
budget approval obligations; | ||||||
16 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
17 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
18 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
19 | mandates
imposed upon the board by "An Act in relation to | ||||||
20 | school reform in cities over
500,000, amending Acts herein | ||||||
21 | named", approved December 12, 1988 (P.A.
85-1418). | ||||||
22 | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | ||||||
23 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | ||||||
24 | 7-13-12.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|