Bill Text: IL SB2075 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill, but provides that the compulsory school age beginning with the 2020-2021 school year applies to a child who is 5 years of age on or before May 31 (rather than on or before September 1). Makes a related change.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2075 Detail]
Download: Illinois-2019-SB2075-Engrossed.html
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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 | 10-20.12, 10-20.19a, 10-22.18, 26-1, 26-2, and 34-19 as | ||||||
6 | follows:
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7 | (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
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8 | Sec. 10-20.12. School year - School age. To establish and | ||||||
9 | keep in
operation in each year during a school term of at least | ||||||
10 | the minimum length
required by Section 10-19, a sufficient | ||||||
11 | number of free schools for the
accommodation of all persons in | ||||||
12 | the district who are 5 years of age or
older but under 21 years | ||||||
13 | of age, and to secure for all such persons the
right and | ||||||
14 | opportunity to an equal education in such schools; provided | ||||||
15 | that (i)
children who will attain the age of 5 years on or | ||||||
16 | before September 1 of the
year of the 1990-1991 school term | ||||||
17 | through the 2019-2020 and each school term or on or before May | ||||||
18 | 31 of the year of the 2020-2021 school term and each school | ||||||
19 | term thereafter may
attend school upon the commencement of such | ||||||
20 | term and (ii) based upon an assessment of the child's | ||||||
21 | readiness, children who have attended a non-public preschool | ||||||
22 | and continued their education at that school through | ||||||
23 | kindergarten, were taught in kindergarten by an appropriately |
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1 | certified teacher, and will attain the age of 6 years on or | ||||||
2 | before December 31 of the year of the 2009-2010 school term and | ||||||
3 | each school term thereafter may attend first grade upon | ||||||
4 | commencement of such term. However, Section 33 of the | ||||||
5 | Educational Opportunity for Military Children Act shall apply | ||||||
6 | to children of active duty military personnel. Based upon an | ||||||
7 | assessment
of a child's readiness to attend school, a school | ||||||
8 | district may permit a
child to attend school prior to the dates | ||||||
9 | contained in this Section. In any
school district operating on | ||||||
10 | a full year school basis children who will
attain age 5 within | ||||||
11 | 30 days after the commencement of a term may attend
school upon | ||||||
12 | the commencement of such term and , based upon an assessment of | ||||||
13 | the child's readiness, children who have attended a non-public | ||||||
14 | preschool and continued their education at that school through | ||||||
15 | kindergarten, were taught in kindergarten by an appropriately | ||||||
16 | certified teacher, and will attain age 6 within 4 months after | ||||||
17 | the commencement of a term may attend first grade upon the | ||||||
18 | commencement of such term. The school district may, by
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19 | resolution of its board, allow for a full year school plan.
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20 | (Source: P.A. 98-673, eff. 6-30-14.)
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21 | (105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
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22 | Sec. 10-20.19a. Kindergartens. After July 1, 1970, to | ||||||
23 | establish and
maintain kindergartens for the instruction of | ||||||
24 | children in accordance with
rules and regulations prescribed by | ||||||
25 | the State Board of Education. Such
kindergartens may provide |
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1 | for either a 1/2 day or a full day of attendance
for pupils | ||||||
2 | enrolled therein. This Section is subject to Section 10-22.18.
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3 | (Source: P.A. 84-18.)
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4 | (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
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5 | Sec. 10-22.18. Kindergartens. To establish kindergartens | ||||||
6 | for the
instruction of children between the
ages of 4 and 6 | ||||||
7 | years, if in their judgment the public interest requires
it, | ||||||
8 | and to pay the necessary expenses thereof out of the school | ||||||
9 | funds of
the district. Upon petition of at
least 50 parents or | ||||||
10 | guardians of children
between the ages of 4 and 6, residing | ||||||
11 | within any school district and within
one mile of the public | ||||||
12 | school where such kindergarten is proposed to be
established, | ||||||
13 | the board of directors shall, if funds are available,
establish | ||||||
14 | a kindergarten in connection with the public school designated | ||||||
15 | in
the petition and maintain it as long as the annual average | ||||||
16 | daily attendance
therein is not less than 15. The board may | ||||||
17 | establish a kindergarten with
half-day attendance or with | ||||||
18 | full-day attendance. If the board establishes
full-day | ||||||
19 | kindergarten, it shall also establish half-day kindergarten.
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20 | No one shall be employed to teach in a kindergarten who does | ||||||
21 | not hold a
certificate as provided by law.
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22 | Beginning with the 2020-2021 school year, each school | ||||||
23 | district,
including a school district organized under Article | ||||||
24 | 34, must establish
kindergarten for the instruction of children | ||||||
25 | who are 5 years of age or
older.
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1 | (Source: P.A. 84-1308.)
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2 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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3 | Sec. 26-1. Compulsory school age; exemptions. Whoever has | ||||||
4 | custody or control of any child (i) between the ages of 7 and | ||||||
5 | 17
years (unless the child has already graduated from high | ||||||
6 | school) for school years before the 2014-2015 school year or | ||||||
7 | (ii) between the ages
of 6 (on or before September 1) and 17 | ||||||
8 | years (unless the child has already graduated from high school) | ||||||
9 | for school years before the 2020-2021 beginning with the | ||||||
10 | 2014-2015 school year or (ii) between the ages of 5 (on or | ||||||
11 | before May 31) and 17 (unless the child has already graduated | ||||||
12 | from high school) beginning with the 2020-2021 school year
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13 | shall cause such child to attend some public school in the | ||||||
14 | district
wherein the child resides the entire time it is in | ||||||
15 | session during the
regular school term, except as provided in | ||||||
16 | Section 10-19.1, and during a
required summer school program | ||||||
17 | established under Section 10-22.33B; provided,
that
the | ||||||
18 | following children shall not be required to attend the public | ||||||
19 | schools:
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20 | 1. Any child attending a private or a parochial school | ||||||
21 | where children
are taught the branches of education taught | ||||||
22 | to children of corresponding
age and grade in the public | ||||||
23 | schools, and where the instruction of the child
in the | ||||||
24 | branches of education is in the English language;
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25 | 2. Any child who is physically or mentally unable to |
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1 | attend school, such
disability being certified to the | ||||||
2 | county or district truant officer by a
competent physician | ||||||
3 | licensed in Illinois to practice medicine and surgery in | ||||||
4 | all its branches, a chiropractic physician licensed under | ||||||
5 | the Medical Practice Act of 1987, a licensed advanced | ||||||
6 | practice registered nurse, a licensed physician assistant, | ||||||
7 | or a Christian Science practitioner residing in this
State | ||||||
8 | and listed in the Christian Science Journal; or who is | ||||||
9 | excused for
temporary absence for cause by
the principal or | ||||||
10 | teacher of the school which the child attends; the | ||||||
11 | exemptions
in this paragraph (2) do not apply to any female | ||||||
12 | who is pregnant or the
mother of one or more children, | ||||||
13 | except where a female is unable to attend
school due to a | ||||||
14 | complication arising from her pregnancy and the existence
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15 | of such complication is certified to the county or district | ||||||
16 | truant officer
by a competent physician;
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17 | 3. Any child necessarily and lawfully employed | ||||||
18 | according to the
provisions of the law regulating child | ||||||
19 | labor may be excused from attendance
at school by the | ||||||
20 | county superintendent of schools or the superintendent of
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21 | the public school which the child should be attending, on | ||||||
22 | certification of
the facts by and the recommendation of the | ||||||
23 | school board of the public
school district in which the | ||||||
24 | child resides. In districts having part-time
continuation | ||||||
25 | schools, children so excused shall attend such schools at
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26 | least 8 hours each week;
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1 | 4. Any child over 12 and under 14 years of age while in | ||||||
2 | attendance at
confirmation classes;
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3 | 5. Any child absent from a public school on a | ||||||
4 | particular day or days
or at a particular time of day for | ||||||
5 | the reason that he is unable to attend
classes or to | ||||||
6 | participate in any examination, study or work requirements | ||||||
7 | on
a particular day or days or at a particular time of day, | ||||||
8 | because the tenets
of his religion forbid secular activity | ||||||
9 | on a particular day or days or at a
particular time of day. | ||||||
10 | Each school board shall prescribe rules and
regulations | ||||||
11 | relative to absences for religious holidays including, but | ||||||
12 | not
limited to, a list of religious holidays on which it | ||||||
13 | shall be mandatory to
excuse a child; but nothing in this | ||||||
14 | paragraph 5 shall be construed to limit
the right of any | ||||||
15 | school board, at its discretion, to excuse an absence on
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16 | any other day by reason of the observance of a religious | ||||||
17 | holiday. A school
board may require the parent or guardian | ||||||
18 | of a child who is to be excused
from attending school due | ||||||
19 | to the observance of a religious holiday to give
notice, | ||||||
20 | not exceeding 5 days, of the child's absence to the school
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21 | principal or other school personnel. Any child excused from | ||||||
22 | attending
school under this paragraph 5 shall not be | ||||||
23 | required to submit a written
excuse for such absence after | ||||||
24 | returning to school; | ||||||
25 | 6. Any child 16 years of age or older who (i) submits | ||||||
26 | to a school district evidence of necessary and lawful |
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1 | employment pursuant to paragraph 3 of this Section and (ii) | ||||||
2 | is enrolled in a graduation incentives program pursuant to | ||||||
3 | Section 26-16 of this Code or an alternative learning | ||||||
4 | opportunities program established pursuant to Article 13B | ||||||
5 | of this Code;
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6 | 7. A child in any of grades 6 through 12 absent from a | ||||||
7 | public school on a particular day or days or at a | ||||||
8 | particular time of day for the purpose of sounding "Taps" | ||||||
9 | at a military honors funeral held in this State for a | ||||||
10 | deceased veteran. In order to be excused under this | ||||||
11 | paragraph 7, the student shall notify the school's | ||||||
12 | administration at least 2 days prior to the date of the | ||||||
13 | absence and shall provide the school's administration with | ||||||
14 | the date, time, and location of the military
honors | ||||||
15 | funeral. The school's administration may waive this 2-day | ||||||
16 | notification requirement if the student did not receive at | ||||||
17 | least 2 days advance notice, but the student shall notify | ||||||
18 | the school's administration as soon as possible of the | ||||||
19 | absence. A student whose absence is excused under this | ||||||
20 | paragraph 7 shall be counted as if the student attended | ||||||
21 | school for purposes of calculating the average daily | ||||||
22 | attendance of students in the school district. A student | ||||||
23 | whose absence is excused under this paragraph 7 must be | ||||||
24 | allowed a reasonable time to make up school work missed | ||||||
25 | during the absence. If the student satisfactorily | ||||||
26 | completes the school work, the day of absence shall be |
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1 | counted as a day of compulsory attendance and he or she may | ||||||
2 | not be penalized for that absence; and | ||||||
3 | 8. Any child absent from a public school on a | ||||||
4 | particular day or days or at a particular time of day for | ||||||
5 | the reason that his or her parent or legal guardian is an | ||||||
6 | active duty member of the uniformed services and has been | ||||||
7 | called to duty for, is on leave from, or has immediately | ||||||
8 | returned from deployment to a combat zone or combat-support | ||||||
9 | postings. Such a student shall be granted 5 days of excused | ||||||
10 | absences in any school year and, at the discretion of the | ||||||
11 | school board, additional excused absences to visit the | ||||||
12 | student's parent or legal guardian relative to such leave | ||||||
13 | or deployment of the parent or legal guardian. In the case | ||||||
14 | of excused absences pursuant to this paragraph 8, the | ||||||
15 | student and parent or legal guardian shall be responsible | ||||||
16 | for obtaining assignments from the student's teacher prior | ||||||
17 | to any period of excused absence and for ensuring that such | ||||||
18 | assignments are completed by the student prior to his or | ||||||
19 | her return to school from such period of excused absence. | ||||||
20 | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | ||||||
21 | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | ||||||
22 | 8-14-18.)
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23 | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | ||||||
24 | Sec. 26-2. Enrolled pupils not of compulsory school age.
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25 | (a) For school years before the 2020-2021 2014-2015 school |
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1 | year, any person having custody or
control of a child who is | ||||||
2 | below the age of 7 years or is 17 years of age or above
and who | ||||||
3 | is enrolled in any of grades kindergarten through 12
in the | ||||||
4 | public school shall
cause him to attend the public school in | ||||||
5 | the district wherein he resides when
it is in session during | ||||||
6 | the regular school term, unless he is excused under
paragraph | ||||||
7 | 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 | ||||||
8 | school year, any person having
custody or control of a child | ||||||
9 | who is below the age of 6 years or is 17 years of age or above | ||||||
10 | and who is enrolled in any of grades kindergarten
through 12 in | ||||||
11 | the public school shall cause the child to attend the public
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12 | school in the district wherein he or she resides when it is in | ||||||
13 | session
during the regular school term, unless the child is | ||||||
14 | excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of | ||||||
15 | this Code. Beginning with the 2020-2021 school year, any person | ||||||
16 | having custody or control of a child who is below the age of 5 | ||||||
17 | years or is 17 years of age or above and who is enrolled in any | ||||||
18 | of grades kindergarten
through 12 in the public school shall | ||||||
19 | cause the child to attend the public
school in the district | ||||||
20 | wherein he or she resides when it is in session
during the | ||||||
21 | regular school term, unless the child is excused under
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22 | paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
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23 | (b) A school district shall deny reenrollment in its | ||||||
24 | secondary schools
to any
child 19 years of age or above who has | ||||||
25 | dropped out of school
and who could
not, because of age and | ||||||
26 | lack of credits, attend classes during the normal
school year |
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1 | and graduate before his or her twenty-first birthday.
A | ||||||
2 | district may, however, enroll the child in a graduation | ||||||
3 | incentives program under Section 26-16 of this Code or an | ||||||
4 | alternative learning
opportunities program established
under | ||||||
5 | Article 13B.
No
child shall be denied reenrollment for the | ||||||
6 | above reasons
unless the school district first offers the child
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7 | due process as required in cases of expulsion under Section
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8 | 10-22.6. If a child is denied reenrollment after being provided | ||||||
9 | with due
process, the school district must provide counseling | ||||||
10 | to that child and
must direct that child to
alternative | ||||||
11 | educational
programs, including adult education programs, that | ||||||
12 | lead to graduation or
receipt of a high school equivalency | ||||||
13 | certificate.
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14 | (c)
A school or school district may deny enrollment to a | ||||||
15 | student 17 years of age
or
older for one semester for failure | ||||||
16 | to meet minimum attendance standards if all
of the
following | ||||||
17 | conditions are met:
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18 | (1) The student was absent without valid cause for 20% | ||||||
19 | or more of the
attendance
days in the semester immediately | ||||||
20 | prior to the current semester.
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21 | (2) The student and the student's parent or guardian | ||||||
22 | are given written
notice
warning that the student is | ||||||
23 | subject to denial from enrollment for one
semester
unless | ||||||
24 | the student is absent without valid cause less than 20% of | ||||||
25 | the
attendance days
in the current semester.
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26 | (3) The student's parent or guardian is provided with |
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1 | the right to appeal
the
notice, as determined by the State | ||||||
2 | Board of Education in accordance with due
process.
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3 | (4) The student is provided with attendance | ||||||
4 | remediation services,
including
without limitation | ||||||
5 | assessment, counseling, and support services.
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6 | (5) The student is absent without valid cause for 20% | ||||||
7 | or more of the
attendance
days in the current semester.
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8 | A school or school district may not deny enrollment to a | ||||||
9 | student (or
reenrollment
to a dropout) who is at least 17
years | ||||||
10 | of age or older but below 19
years for more
than one | ||||||
11 | consecutive semester for failure to meet attendance
standards.
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12 | (d) No child may be denied reenrollment under this
Section | ||||||
13 | in violation
of the federal Individuals with Disabilities | ||||||
14 | Education Act or the Americans with
Disabilities Act.
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15 | (e) In this subsection (e), "reenrolled student" means a | ||||||
16 | dropout who has
reenrolled
full-time in a public school. Each | ||||||
17 | school district shall identify, track, and
report on the
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18 | educational progress and outcomes of reenrolled students as a | ||||||
19 | subset of the
district's
required reporting on all enrollments.
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20 | A reenrolled student who again drops out must not be counted | ||||||
21 | again
against a district's dropout rate performance measure.
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22 | The State
Board of Education shall set performance standards | ||||||
23 | for programs serving
reenrolled
students.
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24 | (f) The State Board of Education shall adopt any rules | ||||||
25 | necessary to
implement the
changes to this Section made by | ||||||
26 | Public Act 93-803.
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1 | (Source: P.A. 100-825, eff. 8-13-18.)
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2 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||||||
3 | Sec. 34-19. By-laws, rules and regulations; business | ||||||
4 | transacted at
regular meetings; voting; records. The board | ||||||
5 | shall, subject to the limitations
in this Article, establish | ||||||
6 | by-laws, rules and regulations, which shall have the
force of | ||||||
7 | ordinances, for the proper maintenance of a uniform system of
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8 | discipline for both employees and pupils, and for the entire | ||||||
9 | management of the
schools, and may fix the school age of | ||||||
10 | pupils, the minimum of which in
kindergartens (which, beginning | ||||||
11 | with the 2020-2021 school year, must be established under | ||||||
12 | Section 10-22.18 for children 5 years of age or older) shall | ||||||
13 | not be under 4 years, except that, based upon an assessment of | ||||||
14 | the child's readiness, children who have attended a non-public | ||||||
15 | preschool and continued their education at that school through | ||||||
16 | kindergarten, were taught in kindergarten by an appropriately | ||||||
17 | certified teacher, and will attain the age of 6 years on or | ||||||
18 | before December 31 of the year of the 2009-2010 school term and | ||||||
19 | each school term thereafter may attend first grade upon | ||||||
20 | commencement of such term, and in grade schools shall not be
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21 | under 6 years. It may expel, suspend or, subject to the | ||||||
22 | limitations of all
policies established or adopted under | ||||||
23 | Section 10-22.6 or 14-8.05, otherwise discipline any
pupil | ||||||
24 | found guilty of gross disobedience, misconduct, or other | ||||||
25 | violation of the
by-laws, rules, and regulations, including |
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1 | gross disobedience or misconduct perpetuated by electronic | ||||||
2 | means. An expelled pupil may be immediately transferred to an | ||||||
3 | alternative program in the manner provided in Article 13A or | ||||||
4 | 13B of this Code. A pupil must not be denied transfer because | ||||||
5 | of the expulsion, except in cases in which such transfer is | ||||||
6 | deemed to cause a threat to the safety of students or staff in | ||||||
7 | the alternative program. A pupil who is suspended in excess of | ||||||
8 | 20 school days may be immediately transferred to an alternative | ||||||
9 | program in the manner provided in Article 13A or 13B of this | ||||||
10 | Code. A pupil must not be denied transfer because of the | ||||||
11 | suspension, except in cases in which such transfer is deemed to | ||||||
12 | cause a threat to the safety of students or staff in the | ||||||
13 | alternative program. The bylaws, rules and regulations of the | ||||||
14 | board
shall be enacted, money shall be appropriated or | ||||||
15 | expended, salaries shall be
fixed or changed, and textbooks, | ||||||
16 | electronic textbooks, and courses of instruction shall be | ||||||
17 | adopted or
changed only at the regular meetings of the board | ||||||
18 | and by a vote of a
majority of the full membership of the | ||||||
19 | board; provided that
notwithstanding any other provision of | ||||||
20 | this Article or the School Code,
neither the board or any local | ||||||
21 | school council may purchase any textbook for use in any public | ||||||
22 | school of the
district from any textbook publisher that fails | ||||||
23 | to furnish any computer
diskettes as required under Section | ||||||
24 | 28-21. Funds appropriated for textbook purchases must be | ||||||
25 | available for electronic textbook purchases and the | ||||||
26 | technological equipment necessary to gain access to and use |
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1 | electronic textbooks at the local school council's discretion. | ||||||
2 | The board shall be further
encouraged to provide opportunities | ||||||
3 | for public hearing and testimony before
the adoption of bylaws, | ||||||
4 | rules and regulations. Upon all propositions
requiring for | ||||||
5 | their adoption at least a majority of all the members of the
| ||||||
6 | board the yeas and nays shall be taken and reported. The | ||||||
7 | by-laws, rules and
regulations of the board shall not be | ||||||
8 | repealed, amended or added to, except
by a vote of 2/3 of the | ||||||
9 | full membership of the board. The board shall keep
a record of | ||||||
10 | all its proceedings. Such records and all
by-laws, rules and | ||||||
11 | regulations, or parts thereof, may be proved by a copy
thereof | ||||||
12 | certified to be such by the secretary of the board, but if they | ||||||
13 | are
printed in book or pamphlet form which are purported to be | ||||||
14 | published by
authority of the board they need not be otherwise | ||||||
15 | published and the book or
pamphlet shall be received as | ||||||
16 | evidence, without further proof, of the
records, by-laws, rules | ||||||
17 | and regulations, or any part thereof, as of the
dates thereof | ||||||
18 | as shown in such book or pamphlet, in all courts and places
| ||||||
19 | where judicial proceedings are had. | ||||||
20 | Notwithstanding any other provision in this Article or in | ||||||
21 | the School
Code, the board may delegate to the general | ||||||
22 | superintendent or to the
attorney the authorities granted to | ||||||
23 | the board in the School Code, provided
such delegation and | ||||||
24 | appropriate oversight procedures are made pursuant to
board | ||||||
25 | by-laws, rules and regulations, adopted as herein provided, | ||||||
26 | except that
the board may not delegate its authorities and |
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1 | responsibilities regarding (1)
budget approval obligations; | ||||||
2 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
3 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
4 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
5 | mandates
imposed upon the board by "An Act in relation to | ||||||
6 | school reform in cities over
500,000, amending Acts herein | ||||||
7 | named", approved December 12, 1988 (P.A.
85-1418). | ||||||
8 | (Source: P.A. 99-456, eff. 9-15-16 .)
|