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| Public Act 103-0473
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| SB0183 Enrolled | LRB103 25977 RJT 52331 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
13A-4 as follows:
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(105 ILCS 5/13A-4)
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Sec. 13A-4. Administrative transfers. |
(a) A student who is determined to be
subject to |
suspension or expulsion 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 school 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 invited to |
this meeting. The student may be invited. The alternative
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educational plan shall include, but not be limited to all of |
the following:
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(1) The duration of the plan, including a date after |
which the student may
be returned to the regular |
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educational program in the public schools of the
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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
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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.
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(3) A method and time frame for reviewing the |
student's progress.
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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
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individualized educational program shall continue to apply to |
that student
following the transfer unless modified in |
accordance with the provisions of
Article 14.
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(b) Before the effective date of the transfer, the |
student's parents or guardians shall receive information about |
the alternative school program, including the specific nature |
of the curriculum, the number of students in the program, any |
available services, the program's disciplinary policies, a |
typical daily schedule, and any extracurricular activities |
that may be offered at the alternative school program. |
(c) At the earliest time following the effective date of |
the transfer, appropriate personnel from the sending school |
district and appropriate personnel of the alternative school |
program shall meet to develop an alternative educational plan |
for the student. The student and the student's parents or |
guardians shall be invited to this meeting. 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 will be returned to the regular |
educational program in the public schools of the |
transferring district. |
(2) The specific academic and behavioral components of |
the plan. |
(3) A method and time frame for reviewing the |
student's progress and for transitioning the student back |
to the regular educational program in the public schools |
of the transferring district on the date set forth in |
paragraph (1), including a transition meeting between the |
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sending school district, the alternative school program, |
and the student's parent or guardian at least 30 days |
prior to the date after which the student will be returned |
to the regular educational program in the public schools |
of the transferring district. |
If the student or the student's parents or guardians are |
unable to attend the meeting required under this subsection |
(c), the appropriate personnel from the alternative school |
program shall offer a meeting within 30 days after the |
effective date of the transfer to the student and the |
student's parents or guardians to discuss and provide input on |
the student's alternative educational plan and shall provide a |
copy of the alternative educational plan to the student and |
the student's parents or guardians prior to the meeting. |
(d) The date after which the student will return to the |
regular educational program in the public schools of the |
transferring district shall not be extended over the objection |
of the student's parent or guardian. |
(e) The date after which the student will return to the |
regular educational program in the public schools of the |
transferring district may be extended upon written agreement |
by the transferring school district, the alternative school |
program, and the student's parent or guardian. |
(f) Notwithstanding any other provision of this Article, |
if a student for whom an individualized education program has |
been developed under Article 14 is transferred to an |