Bill Text: IL SB3004 | 2013-2014 | 98th General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3004 Detail]

Download: Illinois-2013-SB3004-Amended.html

---

Sen. Kimberly A. Lightford

Filed: 4/7/2014

09800SB3004sam002 LRB098 17233 NHT 58317 a
AMENDMENT TO SENATE BILL 3004
AMENDMENT NO. ______. Amend Senate Bill 3004, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The School Code is amended by changing Sections
10-20.14, 10-22.6, 13A-11, 27A-5, and 34-19 as follows:
(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
Sec. 10-20.14. Student discipline policies; Parent-teacher
advisory committee.
(a) To establish and maintain a parent-teacher advisory
committee to develop with the school board or governing body of
all elementary and secondary schools, charter schools, special
charter districts, and alternative schools organized under
Article 13A of this Code policy guidelines on pupil discipline,
including school searches and bullying prevention as set forth
in Section 27-23.7 of this Code. The committee shall , to

09800SB3004sam002 - 2 - LRB098 17233 NHT 58317 a
furnish a copy of the policy to the parents or guardian of each
pupil within 15 days after the beginning of the school year, or
within 15 days after starting classes for a pupil who transfers
into the district during the school year, and the school board
shall to require that each school inform informs its pupils of
the contents of the its policy. School boards, along with the
parent-teacher advisory committee, must are encouraged to
annually review their pupil discipline policies, the
implementation of those policies, and any other factors related
to the safety of their schools, pupils, and staff.
(a-5) On or before January 1, 2015, the student discipline
policy of each elementary and secondary school, charter school,
special charter district, and alternative school organized
under Article 13A of this Code, shall, at a minimum, create
pupil discipline policies that fulfill the requirements set
forth in this Section, subsections (a) and (b) of Section
10-22.6 of this Code, Section 34-19 of this Code, and federal
and State laws that provide special requirements for the
discipline of students with disabilities.
(b) The parent-teacher advisory committee in cooperation
with local law enforcement agencies shall develop, with the
school board, policy guideline procedures to establish and
maintain a reciprocal reporting system between the school
district and local law enforcement agencies regarding criminal
offenses committed by students. School districts are
encouraged to create memoranda of understanding with local law

09800SB3004sam002 - 3 - LRB098 17233 NHT 58317 a
enforcement agencies that clearly define law enforcement's
role in schools, in accordance with Section 10-22.6 of this
Code.
(c) The parent-teacher advisory committee, in cooperation
with school bus personnel, shall develop, with the school
board, policy guideline procedures to establish and maintain
school bus safety procedures. These procedures shall be
incorporated into the district's pupil discipline policy.
(d) The school board, in consultation with the
parent-teacher advisory committee and other community-based
organizations, must include provisions in the student
discipline policy to address students who have demonstrated
behaviors that put them at risk for aggressive behavior,
including without limitation bullying, as defined in the
policy. These provisions must include procedures for notifying
parents or legal guardians and early intervention procedures
based upon available community-based and district resources.
(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, and no action shall lie
against them for such expulsion. Expulsion shall take place

09800SB3004sam002 - 4 - LRB098 17233 NHT 58317 a
only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by
it, to discuss their child's behavior. Such request shall be
made by registered or certified mail and shall state the time,
place and purpose of the meeting. The board, or a hearing
officer appointed by it, at such meeting shall state the
reasons for dismissal and the date on which the expulsion is to
become effective. If a hearing officer is appointed by the
board he shall report to the board a written summary of the
evidence heard at the meeting and the board may take such
action thereon as it finds appropriate. If the board orders the
expulsion of a pupil, the written expulsion order shall detail
the specific reasons why removing the pupil from the learning
environment is in the best interest of the school. The
expulsion order shall also include a rationale as to the
specific duration of the expulsion. An expelled pupil may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the expulsion, except in cases in
which such transfer is deemed to cause a threat to the safety
of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding

09800SB3004sam002 - 5 - LRB098 17233 NHT 58317 a
the school bus, and no action shall lie against them for such
suspensions suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a student is suspended from the school bus but does not have
alternative transportation to school, then the school shall
provide the student with educational services for the duration
of the suspension. These services shall include, at a minimum,
that the student be provided a full opportunity to earn
equivalent academic credit during the suspension period. The
student shall receive daily classwork and assignments from each
teacher, the student must be allowed to make up assignments and
earn equivalent credits, and the student's work must be
reviewed and graded, without penalty, by his or her teachers on
a weekly basis and returned to him or her. The student's school
shall designate a school staff person to serve as the liaison
between the student and all relevant teachers and to ensure
that these requirements are met. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of a such pupil along with a full statement
of the reasons for such suspension and a notice of their right
to a review. The school board must be given a summary of the
notice, including the reason for the suspension and the

09800SB3004sam002 - 6 - LRB098 17233 NHT 58317 a
suspension length. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall review
such action of the superintendent or principal, assistant
principal, or dean of students. At such review the parents or
guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is
appointed by the board he shall report to the board a written
summary of the evidence heard at the meeting. After its hearing
or upon receipt of the written report of its hearing officer,
the board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the
authorized administrator or board shall, in the written
suspension order, detail the specific reasons why removing the
pupil from the learning environment is in the best interest of
the school. The suspension order shall also include rationale
as to the specific duration of the suspension. A pupil who is
suspended in excess of 20 school days may be immediately
transferred to an alternative program in the manner provided in
Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the suspension, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number

09800SB3004sam002 - 7 - LRB098 17233 NHT 58317 a
and duration of expulsions and suspensions to the greatest
extent practicable and are recommended to use them only for
legitimate educational purposes and not as punishment.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or expel
students for particular behaviors, regardless of the gravity of
behavior, mitigating circumstances, or the situational
context.
(b-15) Out-of-school suspensions of 3 days or less may only
be used if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats and minimize the length of suspensions to the
greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days may only be
used if the student has committed an act of gross disobedience
or misconduct, the student's continuing presence in school
would pose an ongoing threat to the physical safety of other
students or staff, and other appropriate behavioral and
disciplinary interventions have been exhausted. For purposes

09800SB3004sam002 - 8 - LRB098 17233 NHT 58317 a
of this subsection (b-20), "ongoing threat to the physical
safety of other students or staff" shall be determined on a
case-by-case basis by the school board or its designee. School
officials shall make all reasonable efforts to resolve such
threats and minimize the length of student exclusions to the
greatest extent practicable. For purposes of this subsection
(b-20), the determination of whether "appropriate behavioral
and disciplinary interventions have been exhausted" shall be
made by the school board or its designee. Within the suspension
order described in subsection (b) of this Section, it shall be
documented whether other interventions were attempted or
whether it was determined that there were no other appropriate
interventions.
(b-25) Unless otherwise required by this Code, expulsions
and disciplinary removals to alternative schools may only be
used if the student has committed an act of gross disobedience
or misconduct; the act involved the distribution of illegal
drugs or controlled substances to other students, weapons, or
other destructive devices, sexual assault, or the use of
physical violence against another student or staff member that
resulted in physical injury to that person, or knowingly
putting another student or staff member at risk of serious
bodily injury or death; the student's continuing presence in
school would pose an ongoing threat to the physical safety of
other students or staff; and other appropriate behavioral and
disciplinary interventions have been exhausted. For purposes

09800SB3004sam002 - 9 - LRB098 17233 NHT 58317 a
of this subsection (b-25), "ongoing threat to the physical
safety of other students or staff" shall be determined on a
case-by-case basis by the school board or its designee. School
officials shall make all reasonable efforts to resolve such
threats and minimize the length of student exclusions to the
greatest extent practicable. For purposes of this subsection
(b-25), the determination of whether "appropriate behavioral
and disciplinary interventions have been exhausted" shall be
made by the school board or its designee. Within the expulsion
order described in subsection (a) of this Section, it shall be
documented whether other interventions were attempted or
whether it was determined that there were no other appropriate
interventions.
(b-30) Students who are suspended out-of-school for longer
than 3 days, expelled, or removed to an alternative setting for
disciplinary reasons shall be provided appropriate behavioral
support services that the school district has available. For
purposes of this subsection (b-30), the determination of
whether "appropriate behavioral support services" will be
provided shall be made by the school board or its designee.
Within the suspension order described in subsection (b) of this
Section, it shall be documented whether such services will be
provided or whether it was determined that there are no such
appropriate services.
(b-35) Students who are suspended or expelled and have not
been admitted to another school shall continue to be provided

09800SB3004sam002 - 10 - LRB098 17233 NHT 58317 a
educational services to promote their successful return to
their regular school. These services shall include, at a
minimum, that each suspended or expelled student be provided a
full opportunity to earn equivalent academic credit during the
suspension or expulsion period. Suspended or expelled students
not placed in an alternative education program shall receive
daily classwork and assignments from each teacher and shall be
allowed to make up assignments and earn equivalent credits, and
their work shall be reviewed and graded, without penalty, by
their teachers on a weekly basis and returned to them. The
suspended or expelled student's school shall designate a school
staff person to serve as the liaison between the student and
all relevant teachers and ensure that these requirements are
met.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(c-5) School districts shall make all reasonable efforts to
provide professional development to teachers, administrators,
school board members, school resource officers, and staff on
the adverse consequences of school exclusion and
justice-system involvement, effective classroom management
strategies, culturally responsive discipline, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.

09800SB3004sam002 - 11 - LRB098 17233 NHT 58317 a
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a case by
case basis. A student who is determined to have brought one of
the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable
relationship to school shall be expelled for a period of not
less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities

09800SB3004sam002 - 12 - LRB098 17233 NHT 58317 a
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case by case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within the
school grounds at the time the threat was made, and (iii) the
threat could be reasonably interpreted as threatening to the
safety and security of the threatened individual because of his
or her duties or employment status or status as a student
inside the school. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this
Code.

09800SB3004sam002 - 13 - LRB098 17233 NHT 58317 a
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(f) Suspension or expulsion may include suspension or

09800SB3004sam002 - 14 - LRB098 17233 NHT 58317 a
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. This subsection (g)
applies to all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(h) All incidents resulting in an out-of-school suspension
longer than 3 days, expulsion, removal to an alternative
setting, school-based arrest, or school-based criminal
citation shall be documented in a written report that includes
a detailed description of the behavior at issue and an
explanation of why the actions taken were necessary. These
individual reports shall be immediately provided to the parent
or guardian of the student and shall be compiled by each school
district into an annual summary report that is available for
public review. The annual report shall not include any
information that would violate either requirements of the
Illinois School Student Records Act or federal law or allow for

09800SB3004sam002 - 15 - LRB098 17233 NHT 58317 a
an individual student to be identified.
(i) School officials shall not advise or encourage students
to disenroll from school voluntarily due to behavioral or
academic difficulties.
(j) A student may not be issued a monetary fine or fee as a
disciplinary consequence.
(k) Subsections (a) through (j) of this Section shall apply
to each elementary and secondary school, charter school,
special charter district, and alternative school organized
under Article 13A of this Code and school districts organized
under Article 34 of this Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
97-1150, eff. 1-25-13.)
(105 ILCS 5/13A-11)
Sec. 13A-11. Chicago public schools.
(a) The Chicago Board of Education may establish
alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, in accordance with
Sections 34-8.1, 34-18, and 34-49.
(b) Alternative schools operated by third parties within
Chicago shall be exempt from all provisions of this the School
Code, except provisions concerning:
(1) student Student civil rights;

09800SB3004sam002 - 16 - LRB098 17233 NHT 58317 a
(2) staff Staff civil rights;
(3) health Health and safety;
(4) performance Performance and financial audits;
(5) the The Illinois Goals Assessment Program;
(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this the School
Code;
(8) the The Inspector General; and
(9) Section 34-2.4b of this the School Code; and .
(10) the discipline of students under Sections 10-22.6
and 34-19 of this Code.
(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter

09800SB3004sam002 - 17 - LRB098 17233 NHT 58317 a
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
(b-5) In this subsection (b-5), "virtual-schooling" means
the teaching of courses through online methods with online
instructors, rather than the instructor and student being at
the same physical location. "Virtual-schooling" includes
without limitation instruction provided by full-time, online
virtual schools.
From April 1, 2013 through April 1, 2014, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall

09800SB3004sam002 - 18 - LRB098 17233 NHT 58317 a
include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in this the School Code governing public

09800SB3004sam002 - 19 - LRB098 17233 NHT 58317 a
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of this the School
Code regarding criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide
Murderer and Violent Offender Against Youth Database of
applicants for employment;
(2) Sections 10-22.6, 24-24, 34-19, and 34-84A of this
the School Code regarding discipline of students;
(3) the The Local Governmental and Governmental
Employees Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the The Abused and Neglected Child Reporting Act;
(6) the The Illinois School Student Records Act;
(7) Section 10-17a of this the School Code regarding
school report cards; and
(8) the The P-20 Longitudinal Education Data System
Act.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or

09800SB3004sam002 - 20 - LRB098 17233 NHT 58317 a
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other

09800SB3004sam002 - 21 - LRB098 17233 NHT 58317 a
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records. The board
shall, subject to the limitations in this Article, establish
by-laws, rules and regulations, which shall have the force of
ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire
management of the schools, and may fix the school age of
pupils, the minimum of which in kindergartens shall not be
under 4 years, except that, based upon an assessment of the
child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain the age of 6 years on or

09800SB3004sam002 - 22 - LRB098 17233 NHT 58317 a
before December 31 of the year of the 2009-2010 school term and
each school term thereafter may attend first grade upon
commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the
limitations of all policies established or adopted under
Sections 10-22.6 and Section 14-8.05, otherwise discipline any
pupil found guilty of violating gross disobedience, misconduct
or other violation of the by-laws, rules, and regulations,
including gross disobedience or misconduct perpetuated by
electronic means. An expelled pupil may be immediately
transferred to an alternative program in the manner provided in
Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program. A pupil who is
suspended in excess of 20 school days may be immediately
transferred to an alternative program in the manner provided in
Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the suspension, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program. The bylaws, rules
and regulations of the board shall be enacted, money shall be
appropriated or expended, salaries shall be fixed or changed,
and textbooks, electronic textbooks, and courses of
instruction shall be adopted or changed only at the regular
meetings of the board and by a vote of a majority of the full

09800SB3004sam002 - 23 - LRB098 17233 NHT 58317 a
membership of the board; provided that notwithstanding any
other provision of this Article or the School Code, neither the
board or any local school council may purchase any textbook for
use in any public school of the district from any textbook
publisher that fails to furnish any computer diskettes as
required under Section 28-21. Funds appropriated for textbook
purchases must be available for electronic textbook purchases
and the technological equipment necessary to gain access to and
use electronic textbooks at the local school council's
discretion. The board shall be further encouraged to provide
opportunities for public hearing and testimony before the
adoption of bylaws, rules and regulations. Upon all
propositions requiring for their adoption at least a majority
of all the members of the board the yeas and nays shall be
taken and reported. The by-laws, rules and regulations of the
board shall not be repealed, amended or added to, except by a
vote of 2/3 of the full membership of the board. The board
shall keep a record of all its proceedings. Such records and
all by-laws, rules and regulations, or parts thereof, may be
proved by a copy thereof certified to be such by the secretary
of the board, but if they are printed in book or pamphlet form
which are purported to be published by authority of the board
they need not be otherwise published and the book or pamphlet
shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof,
as of the dates thereof as shown in such book or pamphlet, in

09800SB3004sam002 - 24 - LRB098 17233 NHT 58317 a
all courts and places where judicial proceedings are had.
Notwithstanding any other provision in this Article or in
the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,
except that the board may not delegate its authorities and
responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
7-13-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.".