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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,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |  Section 5. The School Code is amended by changing Sections  | 
| 5 |  | 10-20.14, 10-22.6, 27A-5, and 34-19 as follows:
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| 6 |  |  (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
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| 7 |  |  Sec. 10-20.14. 
Student discipline policies; Parent-teacher  | 
| 8 |  | advisory
committee.
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| 9 |  |  (a) To establish and maintain
a parent-teacher advisory  | 
| 10 |  | committee to develop with the school board or governing body of  | 
| 11 |  | a charter school
policy guidelines on pupil discipline,  | 
| 12 |  | including school searches and bullying prevention as set forth  | 
| 13 |  | in Section 27-23.7 of this Code. School authorities shall , to
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| 14 |  | furnish a copy of the
policy to the parents or guardian of each  | 
| 15 |  | pupil within 15 days after
the beginning of the school year, or  | 
| 16 |  | within 15 days after starting classes
for a pupil who transfers  | 
| 17 |  | into the district during the school year, and the school board  | 
| 18 |  | or governing body of a charter school shall to
require that a  | 
| 19 |  | each school inform informs its pupils of the contents of the  | 
| 20 |  | its policy.
School boards and the governing bodies of charter  | 
| 21 |  | schools, along with the parent-teacher advisory committee,  | 
| 22 |  | must are
encouraged to annually review their pupil discipline  | 
| 23 |  | policies, the
implementation of those policies, and any other  | 
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| 1 |  | factors related to the safety
of their
schools, pupils, and  | 
| 2 |  | staff.
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| 3 |  |  (a-5) On or before September 15, 2016, each elementary and  | 
| 4 |  | secondary school and charter school shall, at a minimum, adopt  | 
| 5 |  | pupil discipline policies that fulfill the requirements set  | 
| 6 |  | forth in this Section, subsections (a) and (b) of Section  | 
| 7 |  | 10-22.6 of this Code, Section 34-19 of this Code if applicable,  | 
| 8 |  | and federal and State laws that provide special requirements  | 
| 9 |  | for the discipline of students with disabilities.  | 
| 10 |  |  (b) The parent-teacher advisory
committee in cooperation  | 
| 11 |  | with local law enforcement agencies shall develop,
with the  | 
| 12 |  | school board, policy guideline procedures to
establish
and  | 
| 13 |  | maintain a reciprocal reporting system between the school  | 
| 14 |  | district and
local law enforcement agencies regarding criminal  | 
| 15 |  | offenses committed by
students. School districts are  | 
| 16 |  | encouraged to create memoranda of understanding with local law  | 
| 17 |  | enforcement agencies that clearly define law enforcement's  | 
| 18 |  | role in schools, in accordance with Section 10-22.6 of this  | 
| 19 |  | Code. 
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| 20 |  |  (c) The parent-teacher advisory committee, in cooperation  | 
| 21 |  | with school bus
personnel, shall develop, with the school  | 
| 22 |  | board, policy guideline procedures to
establish and maintain  | 
| 23 |  | school bus safety procedures. These procedures shall be
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| 24 |  | incorporated into the district's pupil discipline policy.
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| 25 |  |  (d) The school board, in consultation with the  | 
| 26 |  | parent-teacher
advisory committee and other community-based  | 
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| 1 |  | organizations, must include
provisions in the student  | 
| 2 |  | discipline
policy to address students who have demonstrated  | 
| 3 |  | behaviors that put them at
risk for aggressive behavior,  | 
| 4 |  | including without limitation bullying, as
defined in the  | 
| 5 |  | policy. These provisions must include
procedures for notifying  | 
| 6 |  | parents or legal guardians and
early intervention procedures
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| 7 |  | based upon available community-based and district resources.
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| 8 |  | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
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| 9 |  |  (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| 10 |  |  Sec. 10-22.6. Suspension or expulsion of pupils; school  | 
| 11 |  | searches. 
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| 12 |  |  (a) To expel pupils guilty of gross disobedience or  | 
| 13 |  | misconduct, including gross disobedience or misconduct  | 
| 14 |  | perpetuated by electronic means, pursuant to subsection (b-20)  | 
| 15 |  | of this Section, and
no action shall lie against them for such  | 
| 16 |  | expulsion. Expulsion shall
take place only after the parents  | 
| 17 |  | have been requested to appear at a
meeting of the board, or  | 
| 18 |  | with a hearing officer appointed by it, to
discuss their  | 
| 19 |  | child's behavior. Such request shall be made by registered
or  | 
| 20 |  | certified mail and shall state the time, place and purpose of  | 
| 21 |  | the
meeting. The board, or a hearing officer appointed by it,  | 
| 22 |  | at such
meeting shall state the reasons for dismissal and the  | 
| 23 |  | date on which the
expulsion is to become effective. If a  | 
| 24 |  | hearing officer is appointed by
the board he shall report to  | 
| 25 |  | the board a written summary of the evidence
heard at the  | 
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| 1 |  | meeting and the board may take such action thereon as it
finds  | 
| 2 |  | appropriate. If the board acts to expel a pupil, the written  | 
| 3 |  | expulsion decision shall detail the specific reasons why  | 
| 4 |  | removing the pupil from the learning environment is in the best  | 
| 5 |  | interest of the school. The expulsion decision shall also  | 
| 6 |  | include a rationale as to the specific duration of the  | 
| 7 |  | expulsion. An expelled pupil may be immediately transferred to  | 
| 8 |  | an alternative program in the manner provided in Article 13A or  | 
| 9 |  | 13B of this Code. A pupil must not be denied transfer because  | 
| 10 |  | of the expulsion, except in cases in which such transfer is  | 
| 11 |  | deemed to cause a threat to the safety of students or staff in  | 
| 12 |  | the alternative program.
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| 13 |  |  (b) To suspend or by policy to authorize the superintendent  | 
| 14 |  | of
the district or the principal, assistant principal, or dean  | 
| 15 |  | of students
of any school to suspend pupils guilty of gross  | 
| 16 |  | disobedience or misconduct, or
to suspend pupils guilty of  | 
| 17 |  | gross disobedience or misconduct on the school bus
from riding  | 
| 18 |  | the school bus, pursuant to subsections (b-15) and (b-20) of  | 
| 19 |  | this Section, and no action
shall lie against them for such  | 
| 20 |  | suspension. The board may by policy
authorize the  | 
| 21 |  | superintendent of the district or the principal, assistant
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| 22 |  | principal, or dean of students of any
school to suspend pupils  | 
| 23 |  | guilty of such acts for a period not to exceed
10 school days.  | 
| 24 |  | If a pupil is suspended due to gross disobedience or misconduct
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| 25 |  | on a school bus, the board may suspend the pupil in excess of  | 
| 26 |  | 10
school
days for safety reasons. | 
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| 1 |  |   Any suspension shall be reported immediately to the
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| 2 |  | parents or guardian of a such pupil along with a full statement  | 
| 3 |  | of the
reasons for such suspension and a notice of their right  | 
| 4 |  | to a review. The school board must be given a summary of the  | 
| 5 |  | notice, including the reason for the suspension and the  | 
| 6 |  | suspension length. Upon request of the
parents or guardian the  | 
| 7 |  | school board or a hearing officer appointed by
it shall review  | 
| 8 |  | such action of the superintendent or principal, assistant
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| 9 |  | principal, or dean of students. At such
review the parents or  | 
| 10 |  | guardian of the pupil may appear and discuss the
suspension  | 
| 11 |  | with the board or its hearing officer. If a hearing officer
is  | 
| 12 |  | appointed by the board he shall report to the board a written  | 
| 13 |  | summary
of the evidence heard at the meeting. After its hearing  | 
| 14 |  | or upon receipt
of the written report of its hearing officer,  | 
| 15 |  | the board may take such
action as it finds appropriate. If a  | 
| 16 |  | student is suspended pursuant to this subsection (b), the board  | 
| 17 |  | shall, in the written suspension decision, detail the specific  | 
| 18 |  | act of gross disobedience or misconduct resulting in the  | 
| 19 |  | decision to suspend. The suspension decision shall also include  | 
| 20 |  | a rationale as to the specific duration of the suspension. A  | 
| 21 |  | pupil who is suspended in excess of 20 school days may be  | 
| 22 |  | immediately transferred to an alternative program in the manner  | 
| 23 |  | provided in Article 13A or 13B of this Code. A pupil must not  | 
| 24 |  | be denied transfer because of the suspension, except in cases  | 
| 25 |  | in which such transfer is deemed to cause a threat to the  | 
| 26 |  | safety of students or staff in the alternative program.
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| 1 |  |  (b-5) Among the many possible disciplinary interventions  | 
| 2 |  | and consequences available to school officials, school  | 
| 3 |  | exclusions, such as out-of-school suspensions and expulsions,  | 
| 4 |  | are the most serious. School officials shall limit the number  | 
| 5 |  | and duration of expulsions and suspensions to the greatest  | 
| 6 |  | extent practicable, and it is recommended that they use them  | 
| 7 |  | only for legitimate educational purposes. To ensure that  | 
| 8 |  | students are not excluded from school unnecessarily, it is  | 
| 9 |  | recommended that school officials consider forms of  | 
| 10 |  | non-exclusionary discipline prior to using out-of-school  | 
| 11 |  | suspensions or expulsions. | 
| 12 |  |  (b-10) Unless otherwise required by federal law or this  | 
| 13 |  | Code, school boards may not institute zero-tolerance policies  | 
| 14 |  | by which school administrators are required to suspend or expel  | 
| 15 |  | students for particular behaviors. | 
| 16 |  |  (b-15) Out-of-school suspensions of 3 days or less may be  | 
| 17 |  | used only if the student's continuing presence in school would  | 
| 18 |  | pose a threat to school safety or a disruption to other  | 
| 19 |  | students' learning opportunities. For purposes of this  | 
| 20 |  | subsection (b-15), "threat to school safety or a disruption to  | 
| 21 |  | other students' learning opportunities" shall be determined on  | 
| 22 |  | a case-by-case basis by the school board or its designee.  | 
| 23 |  | School officials shall make all reasonable efforts to resolve  | 
| 24 |  | such threats, address such disruptions, and minimize the length  | 
| 25 |  | of suspensions to the greatest extent practicable. | 
| 26 |  |  (b-20) Unless otherwise required by this Code,  | 
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| 1 |  | out-of-school suspensions of longer than 3 days, expulsions,  | 
| 2 |  | and disciplinary removals to alternative schools may be used  | 
| 3 |  | only if the student's continuing presence in school poses a  | 
| 4 |  | threat to the safety of other students, staff, or members of  | 
| 5 |  | the school community or substantially disrupts, impedes, or  | 
| 6 |  | interferes with the operation of the school and other  | 
| 7 |  | appropriate and available behavioral and disciplinary  | 
| 8 |  | interventions have been exhausted. For purposes of this  | 
| 9 |  | subsection (b-20), "threat to the safety of other students,  | 
| 10 |  | staff, or members of the school community" and "substantially  | 
| 11 |  | disrupts, impedes, or interferes with the operation of the  | 
| 12 |  | school" shall be determined on a case-by-case basis by school  | 
| 13 |  | officials. For purposes of this subsection (b-20), the  | 
| 14 |  | determination of whether "appropriate and available behavioral  | 
| 15 |  | and disciplinary interventions have been exhausted" shall be  | 
| 16 |  | made by school officials. School officials shall make all  | 
| 17 |  | reasonable efforts to resolve such threats and minimize the  | 
| 18 |  | length of student exclusions to the greatest extent  | 
| 19 |  | practicable. Within the suspension decision described in  | 
| 20 |  | subsection (b) of this Section or the expulsion decision  | 
| 21 |  | described in subsection (a) of this Section, it shall be  | 
| 22 |  | documented whether other interventions were attempted or  | 
| 23 |  | whether it was determined that there were no other appropriate  | 
| 24 |  | and available interventions. | 
| 25 |  |  (b-25) Students who are suspended out-of-school for longer  | 
| 26 |  | than 4 school days shall be provided appropriate and available  | 
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| 1 |  | support services during the period of their suspension. For  | 
| 2 |  | purposes of this subsection (b-25), "appropriate and available  | 
| 3 |  | support services" shall be determined by school authorities.  | 
| 4 |  | Within the suspension decision described in subsection (b) of  | 
| 5 |  | this Section, it shall be documented whether such services are  | 
| 6 |  | to be provided or whether it was determined that there are no  | 
| 7 |  | such appropriate and available services. | 
| 8 |  |  A school district may refer students who are expelled to  | 
| 9 |  | appropriate and available support services. | 
| 10 |  |  A school district shall create a policy to facilitate the  | 
| 11 |  | re-engagement of students who are suspended out-of-school,  | 
| 12 |  | expelled, or returning from an alternative school setting. | 
| 13 |  |  (b-30) A school district shall create a policy by which  | 
| 14 |  | suspended pupils, including those pupils suspended from the  | 
| 15 |  | school bus who do not have alternate transportation to school,  | 
| 16 |  | shall have the opportunity to make up work for equivalent  | 
| 17 |  | academic credit. It shall be the responsibility of a pupil's  | 
| 18 |  | parent or guardian to notify school officials that a pupil  | 
| 19 |  | suspended from the school bus does not have alternate  | 
| 20 |  | transportation to school.  | 
| 21 |  |  (c) The Department of Human Services
shall be invited to  | 
| 22 |  | send a representative to consult with the board at
such meeting  | 
| 23 |  | whenever there is evidence that mental illness may be the
cause  | 
| 24 |  | for expulsion or suspension.
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| 25 |  |  (c-5) School districts shall make reasonable efforts to  | 
| 26 |  | provide ongoing professional development to teachers,  | 
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| 1 |  | administrators, school board members, school resource  | 
| 2 |  | officers, and staff on the adverse consequences of school  | 
| 3 |  | exclusion and justice-system involvement, effective classroom  | 
| 4 |  | management strategies, culturally responsive discipline, and  | 
| 5 |  | developmentally appropriate disciplinary methods that promote  | 
| 6 |  | positive and healthy school climates.  | 
| 7 |  |  (d) The board may expel a student for a definite period of  | 
| 8 |  | time not to
exceed 2 calendar years, as determined on a case by  | 
| 9 |  | case basis.
A student who
is determined to have brought one of  | 
| 10 |  | the following objects to school, any school-sponsored activity
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| 11 |  | or event, or any activity or event that bears a reasonable  | 
| 12 |  | relationship to school shall be expelled for a period of not  | 
| 13 |  | less than
one year: | 
| 14 |  |   (1) A firearm. For the purposes of this Section,  | 
| 15 |  |  "firearm" means any gun, rifle, shotgun, weapon as defined  | 
| 16 |  |  by Section 921 of Title 18 of the United States Code,  | 
| 17 |  |  firearm as defined in Section 1.1 of the Firearm Owners  | 
| 18 |  |  Identification Card Act, or firearm as defined in Section  | 
| 19 |  |  24-1 of the Criminal Code of 2012. The expulsion period  | 
| 20 |  |  under this subdivision (1) may be modified by the  | 
| 21 |  |  superintendent, and the superintendent's determination may  | 
| 22 |  |  be modified by the board on a case-by-case basis. | 
| 23 |  |   (2) A knife, brass knuckles or other knuckle weapon  | 
| 24 |  |  regardless of its composition, a billy club, or any other  | 
| 25 |  |  object if used or attempted to be used to cause bodily  | 
| 26 |  |  harm, including "look alikes" of any firearm as defined in  | 
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| 1 |  |  subdivision (1) of this subsection (d). The expulsion  | 
| 2 |  |  requirement under this subdivision (2) may be modified by  | 
| 3 |  |  the superintendent, and the superintendent's determination  | 
| 4 |  |  may be modified by the board on a case-by-case basis.  | 
| 5 |  | Expulsion
or suspension
shall be construed in a
manner  | 
| 6 |  | consistent with the Federal Individuals with Disabilities  | 
| 7 |  | Education
Act. A student who is subject to suspension or  | 
| 8 |  | expulsion as provided in this
Section may be eligible for a  | 
| 9 |  | transfer to an alternative school program in
accordance with  | 
| 10 |  | Article 13A of the School Code. The provisions of this
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| 11 |  | subsection (d) apply in all school districts,
including special  | 
| 12 |  | charter districts and districts organized under Article 34.
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| 13 |  |  (d-5) The board may suspend or by regulation
authorize the  | 
| 14 |  | superintendent of the district or the principal, assistant
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| 15 |  | principal, or dean of students of any
school to suspend a  | 
| 16 |  | student for a period not to exceed
10 school days or may expel  | 
| 17 |  | a student for a definite period of time not to
exceed 2  | 
| 18 |  | calendar years, as determined on a case by case basis, if (i)  | 
| 19 |  | that student has been determined to have made an explicit  | 
| 20 |  | threat on an Internet website against a school employee, a  | 
| 21 |  | student, or any school-related personnel, (ii) the Internet  | 
| 22 |  | website through which the threat was made is a site that was  | 
| 23 |  | accessible within the school at the time the threat was made or  | 
| 24 |  | was available to third parties who worked or studied within the  | 
| 25 |  | school grounds at the time the threat was made, and (iii) the  | 
| 26 |  | threat could be reasonably interpreted as threatening to the  | 
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| 1 |  | safety and security of the threatened individual because of his  | 
| 2 |  | or her duties or employment status or status as a student  | 
| 3 |  | inside the school. The provisions of this
subsection (d-5)  | 
| 4 |  | apply in all school districts,
including special charter  | 
| 5 |  | districts and districts organized under Article 34 of this  | 
| 6 |  | Code.
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| 7 |  |  (e) To maintain order and security in the schools, school  | 
| 8 |  | authorities may
inspect and search places and areas such as  | 
| 9 |  | lockers, desks, parking lots, and
other school property and  | 
| 10 |  | equipment owned or controlled by the school, as well
as  | 
| 11 |  | personal effects left in those places and areas by students,  | 
| 12 |  | without notice
to or the consent of the student, and without a  | 
| 13 |  | search warrant. As a matter of
public policy, the General  | 
| 14 |  | Assembly finds that students have no reasonable
expectation of  | 
| 15 |  | privacy in these places and areas or in their personal effects
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| 16 |  | left in these places and areas. School authorities may request  | 
| 17 |  | the assistance
of law enforcement officials for the purpose of  | 
| 18 |  | conducting inspections and
searches of lockers, desks, parking  | 
| 19 |  | lots, and other school property and
equipment owned or  | 
| 20 |  | controlled by the school for illegal drugs, weapons, or
other
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| 21 |  | illegal or dangerous substances or materials, including  | 
| 22 |  | searches conducted
through the use of specially trained dogs.  | 
| 23 |  | If a search conducted in accordance
with this Section produces  | 
| 24 |  | evidence that the student has violated or is
violating either  | 
| 25 |  | the law, local ordinance, or the school's policies or rules,
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| 26 |  | such evidence may be seized by school authorities, and  | 
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| 1 |  | disciplinary action may
be taken. School authorities may also  | 
| 2 |  | turn over such evidence to law
enforcement authorities. The  | 
| 3 |  | provisions of this subsection (e) apply in all
school  | 
| 4 |  | districts, including special charter districts and districts  | 
| 5 |  | organized
under Article 34.
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| 6 |  |  (f) Suspension or expulsion may include suspension or  | 
| 7 |  | expulsion from
school and all school activities and a  | 
| 8 |  | prohibition from being present on school
grounds.
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| 9 |  |  (g) A school district may adopt a policy providing that if  | 
| 10 |  | a student
is suspended or expelled for any reason from any  | 
| 11 |  | public or private school
in this or any other state, the  | 
| 12 |  | student must complete the entire term of
the suspension or  | 
| 13 |  | expulsion in an alternative school program under Article 13A of  | 
| 14 |  | this Code or an alternative learning opportunities program  | 
| 15 |  | under Article 13B of this Code before being admitted into the  | 
| 16 |  | school
district if there is no threat to the safety of students  | 
| 17 |  | or staff in the alternative program. This subsection (g)  | 
| 18 |  | applies to
all school districts, including special charter  | 
| 19 |  | districts and districts
organized under Article 34 of this  | 
| 20 |  | Code.
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| 21 |  |  (h) School officials shall not advise or encourage students  | 
| 22 |  | to drop out voluntarily due to behavioral or academic  | 
| 23 |  | difficulties. | 
| 24 |  |  (i) A student may not be issued a monetary fine or fee as a  | 
| 25 |  | disciplinary consequence, though this shall not preclude  | 
| 26 |  | requiring a student to provide restitution for lost, stolen, or  | 
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| 1 |  | damaged property. | 
| 2 |  |  (j) Subsections (a) through (i) of this Section shall apply  | 
| 3 |  | to elementary and secondary schools, charter schools, special  | 
| 4 |  | charter districts, and school districts organized under  | 
| 5 |  | Article 34 of this Code.  | 
| 6 |  | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;  | 
| 7 |  | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;  | 
| 8 |  | 97-1150, eff. 1-25-13.)
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| 9 |  |  (105 ILCS 5/27A-5)
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| 10 |  |  Sec. 27A-5. Charter school; legal entity; requirements. 
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| 11 |  |  (a) A charter school shall be a public, nonsectarian,  | 
| 12 |  | nonreligious, non-home
based, and non-profit school. A charter  | 
| 13 |  | school shall be organized and operated
as a nonprofit  | 
| 14 |  | corporation or other discrete, legal, nonprofit entity
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| 15 |  | authorized under the laws of the State of Illinois.
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| 16 |  |  (b) A charter school may be established under this Article  | 
| 17 |  | by creating a new
school or by converting an existing public  | 
| 18 |  | school or attendance center to
charter
school status.
Beginning  | 
| 19 |  | on the effective date of this amendatory Act of the 93rd  | 
| 20 |  | General
Assembly, in all new
applications to establish
a  | 
| 21 |  | charter
school in a city having a population exceeding 500,000,  | 
| 22 |  | operation of the
charter
school shall be limited to one campus.  | 
| 23 |  | The changes made to this Section by this
amendatory Act
of the  | 
| 24 |  | 93rd General
Assembly do not apply to charter schools existing  | 
| 25 |  | or approved on or before the
effective date of this
amendatory  | 
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| 1 |  | Act. | 
| 2 |  |  (b-5) In this subsection (b-5), "virtual-schooling" means  | 
| 3 |  | a cyber school where students engage in online curriculum and  | 
| 4 |  | instruction via the Internet and electronic communication with  | 
| 5 |  | their teachers at remote locations and with students  | 
| 6 |  | participating at different times.  | 
| 7 |  |  From April 1, 2013 through December 31, 2016, there is a  | 
| 8 |  | moratorium on the establishment of charter schools with  | 
| 9 |  | virtual-schooling components in school districts other than a  | 
| 10 |  | school district organized under Article 34 of this Code. This  | 
| 11 |  | moratorium does not apply to a charter school with  | 
| 12 |  | virtual-schooling components existing or approved prior to  | 
| 13 |  | April 1, 2013 or to the renewal of the charter of a charter  | 
| 14 |  | school with virtual-schooling components already approved  | 
| 15 |  | prior to April 1, 2013. | 
| 16 |  |  On or before March 1, 2014, the Commission shall submit to  | 
| 17 |  | the General Assembly a report on the effect of  | 
| 18 |  | virtual-schooling, including without limitation the effect on  | 
| 19 |  | student performance, the costs associated with  | 
| 20 |  | virtual-schooling, and issues with oversight. The report shall  | 
| 21 |  | include policy recommendations for virtual-schooling. 
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| 22 |  |  (c) A charter school shall be administered and governed by  | 
| 23 |  | its board of
directors or other governing body
in the manner  | 
| 24 |  | provided in its charter. The governing body of a charter school
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| 25 |  | shall be subject to the Freedom of Information Act and the Open  | 
| 26 |  | Meetings Act.
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| 1 |  |  (d) A charter school shall comply with all applicable  | 
| 2 |  | health and safety
requirements applicable to public schools  | 
| 3 |  | under the laws of the State of
Illinois.
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| 4 |  |  (e) Except as otherwise provided in the School Code, a  | 
| 5 |  | charter school shall
not charge tuition; provided that a  | 
| 6 |  | charter school may charge reasonable fees
for textbooks,  | 
| 7 |  | instructional materials, and student activities.
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| 8 |  |  (f) A charter school shall be responsible for the  | 
| 9 |  | management and operation
of its fiscal affairs including,
but  | 
| 10 |  | not limited to, the preparation of its budget. An audit of each  | 
| 11 |  | charter
school's finances shall be conducted annually by an  | 
| 12 |  | outside, independent
contractor retained by the charter  | 
| 13 |  | school. To ensure financial accountability for the use of  | 
| 14 |  | public funds, on or before December 1 of every year of  | 
| 15 |  | operation, each charter school shall submit to its authorizer  | 
| 16 |  | and the State Board a copy of its audit and a copy of the Form  | 
| 17 |  | 990 the charter school filed that year with the federal  | 
| 18 |  | Internal Revenue Service. In addition, if deemed necessary for  | 
| 19 |  | proper financial oversight of the charter school, an authorizer  | 
| 20 |  | may require quarterly financial statements from each charter  | 
| 21 |  | school. 
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| 22 |  |  (g) A charter school shall comply with all provisions of  | 
| 23 |  | this Article; the Illinois Educational Labor Relations Act; all  | 
| 24 |  | federal and State laws and rules applicable to public schools  | 
| 25 |  | that pertain to special education and the instruction of  | 
| 26 |  | English language learners, referred to in this Code as  | 
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| 1 |  | "children of limited English-speaking ability"; and
its  | 
| 2 |  | charter. A charter
school is exempt from all other State laws  | 
| 3 |  | and regulations in this Code
governing public
schools and local  | 
| 4 |  | school board policies, except the following:
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| 5 |  |   (1) Sections 10-21.9 and 34-18.5 of this Code regarding  | 
| 6 |  |  criminal
history records checks and checks of the Statewide  | 
| 7 |  |  Sex Offender Database and Statewide Murderer and Violent  | 
| 8 |  |  Offender Against Youth Database of applicants for  | 
| 9 |  |  employment;
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| 10 |  |   (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and  | 
| 11 |  |  34-84a 34-84A of this Code regarding discipline of
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| 12 |  |  students;
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| 13 |  |   (3) the Local Governmental and Governmental Employees  | 
| 14 |  |  Tort Immunity Act;
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| 15 |  |   (4) Section 108.75 of the General Not For Profit  | 
| 16 |  |  Corporation Act of 1986
regarding indemnification of  | 
| 17 |  |  officers, directors, employees, and agents;
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| 18 |  |   (5) the Abused and Neglected Child Reporting Act;
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| 19 |  |   (6) the Illinois School Student Records Act;
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| 20 |  |   (7) Section 10-17a of this Code regarding school report  | 
| 21 |  |  cards;
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| 22 |  |   (8) the P-20 Longitudinal Education Data System Act;  | 
| 23 |  |  and | 
| 24 |  |   (9) Section 27-23.7 of this Code regarding bullying  | 
| 25 |  |  prevention; and . | 
| 26 |  |   (10) (9) Section 2-3.162 2-3.160 of this the School  | 
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| 1 |  |  Code regarding student discipline reporting. | 
| 2 |  |  The change made by Public Act 96-104 to this subsection (g)  | 
| 3 |  | is declaratory of existing law. | 
| 4 |  |  (h) A charter school may negotiate and contract with a  | 
| 5 |  | school district, the
governing body of a State college or  | 
| 6 |  | university or public community college, or
any other public or  | 
| 7 |  | for-profit or nonprofit private entity for: (i) the use
of a  | 
| 8 |  | school building and grounds or any other real property or  | 
| 9 |  | facilities that
the charter school desires to use or convert  | 
| 10 |  | for use as a charter school site,
(ii) the operation and  | 
| 11 |  | maintenance thereof, and
(iii) the provision of any service,  | 
| 12 |  | activity, or undertaking that the charter
school is required to  | 
| 13 |  | perform in order to carry out the terms of its charter.
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| 14 |  | However, a charter school
that is established on
or
after the  | 
| 15 |  | effective date of this amendatory Act of the 93rd General
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| 16 |  | Assembly and that operates
in a city having a population  | 
| 17 |  | exceeding
500,000 may not contract with a for-profit entity to
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| 18 |  | manage or operate the school during the period that commences  | 
| 19 |  | on the
effective date of this amendatory Act of the 93rd  | 
| 20 |  | General Assembly and
concludes at the end of the 2004-2005  | 
| 21 |  | school year.
Except as provided in subsection (i) of this  | 
| 22 |  | Section, a school district may
charge a charter school  | 
| 23 |  | reasonable rent for the use of the district's
buildings,  | 
| 24 |  | grounds, and facilities. Any services for which a charter  | 
| 25 |  | school
contracts
with a school district shall be provided by  | 
| 26 |  | the district at cost. Any services
for which a charter school  | 
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| 1 |  | contracts with a local school board or with the
governing body  | 
| 2 |  | of a State college or university or public community college
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| 3 |  | shall be provided by the public entity at cost.
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| 4 |  |  (i) In no event shall a charter school that is established  | 
| 5 |  | by converting an
existing school or attendance center to  | 
| 6 |  | charter school status be required to
pay rent for space
that is  | 
| 7 |  | deemed available, as negotiated and provided in the charter  | 
| 8 |  | agreement,
in school district
facilities. However, all other  | 
| 9 |  | costs for the operation and maintenance of
school district  | 
| 10 |  | facilities that are used by the charter school shall be subject
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| 11 |  | to negotiation between
the charter school and the local school  | 
| 12 |  | board and shall be set forth in the
charter.
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| 13 |  |  (j) A charter school may limit student enrollment by age or  | 
| 14 |  | grade level.
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| 15 |  |  (k) If the charter school is approved by the Commission,  | 
| 16 |  | then the Commission charter school is its own local education  | 
| 17 |  | agency.  | 
| 18 |  | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;  | 
| 19 |  | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;  | 
| 20 |  | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.  | 
| 21 |  | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised  | 
| 22 |  | 10-14-14.)
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| 23 |  |  (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 
| 24 |  |  Sec. 34-19. By-laws, rules and regulations; business  | 
| 25 |  | transacted at
regular meetings; voting; records.  The board  | 
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| 1 |  | shall, subject to the limitations
in this Article, establish  | 
| 2 |  | by-laws, rules and regulations, which shall have the
force of  | 
| 3 |  | ordinances, for the proper maintenance of a uniform system of
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| 4 |  | discipline for both employees and pupils, and for the entire  | 
| 5 |  | management of the
schools, and may fix the school age of  | 
| 6 |  | pupils, the minimum of which in
kindergartens shall not be  | 
| 7 |  | under 4 years, except that, based upon an assessment of the  | 
| 8 |  | child's readiness, children who have attended a non-public  | 
| 9 |  | preschool and continued their education at that school through  | 
| 10 |  | kindergarten, were taught in kindergarten by an appropriately  | 
| 11 |  | certified teacher, and will attain the age of 6 years on or  | 
| 12 |  | before December 31 of the year of the 2009-2010 school term and  | 
| 13 |  | each school term thereafter may attend first grade upon  | 
| 14 |  | commencement of such term, and in grade schools shall not be
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| 15 |  | under 6 years. It may expel, suspend or, subject to the  | 
| 16 |  | limitations of all
policies established or adopted under  | 
| 17 |  | Section 10-22.6 or 14-8.05, otherwise discipline any
pupil  | 
| 18 |  | found guilty of gross disobedience, misconduct, or other  | 
| 19 |  | violation of the
by-laws, rules, and regulations, including  | 
| 20 |  | gross disobedience or misconduct perpetuated by electronic  | 
| 21 |  | means. An expelled pupil may be immediately transferred to an  | 
| 22 |  | alternative program in the manner provided in Article 13A or  | 
| 23 |  | 13B of this Code. A pupil must not be denied transfer because  | 
| 24 |  | of the expulsion, except in cases in which such transfer is  | 
| 25 |  | deemed to cause a threat to the safety of students or staff in  | 
| 26 |  | the alternative program. A pupil who is suspended in excess of  | 
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| 1 |  | 20 school days may be immediately transferred to an alternative  | 
| 2 |  | program in the manner provided in Article 13A or 13B of this  | 
| 3 |  | Code. A pupil must not be denied transfer because of the  | 
| 4 |  | suspension, except in cases in which such transfer is deemed to  | 
| 5 |  | cause a threat to the safety of students or staff in the  | 
| 6 |  | alternative program. The bylaws, rules and regulations of the  | 
| 7 |  | board
shall be enacted, money shall be appropriated or  | 
| 8 |  | expended, salaries shall be
fixed or changed, and textbooks,  | 
| 9 |  | electronic textbooks, and courses of instruction shall be  | 
| 10 |  | adopted or
changed only at the regular meetings of the board  | 
| 11 |  | and by a vote of a
majority of the full membership of the  | 
| 12 |  | board; provided that
notwithstanding any other provision of  | 
| 13 |  | this Article or the School Code,
neither the board or any local  | 
| 14 |  | school council may purchase any textbook for use in any public  | 
| 15 |  | school of the
district from any textbook publisher that fails  | 
| 16 |  | to furnish any computer
diskettes as required under Section  | 
| 17 |  | 28-21. Funds appropriated for textbook purchases must be  | 
| 18 |  | available for electronic textbook purchases and the  | 
| 19 |  | technological equipment necessary to gain access to and use  | 
| 20 |  | electronic textbooks at the local school council's discretion.  | 
| 21 |  | The board shall be further
encouraged to provide opportunities  | 
| 22 |  | for public hearing and testimony before
the adoption of bylaws,  | 
| 23 |  | rules and regulations. Upon all propositions
requiring for  | 
| 24 |  | their adoption at least a majority of all the members of the
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| 25 |  | board the yeas and nays shall be taken and reported. The  | 
| 26 |  | by-laws, rules and
regulations of the board shall not be  | 
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| 1 |  | repealed, amended or added to, except
by a vote of 2/3 of the  | 
| 2 |  | full membership of the board. The board shall keep
a record of  | 
| 3 |  | all its proceedings. Such records and all
by-laws, rules and  | 
| 4 |  | regulations, or parts thereof, may be proved by a copy
thereof  | 
| 5 |  | certified to be such by the secretary of the board, but if they  | 
| 6 |  | are
printed in book or pamphlet form which are purported to be  | 
| 7 |  | published by
authority of the board they need not be otherwise  | 
| 8 |  | published and the book or
pamphlet shall be received as  | 
| 9 |  | evidence, without further proof, of the
records, by-laws, rules  | 
| 10 |  | and regulations, or any part thereof, as of the
dates thereof  | 
| 11 |  | as shown in such book or pamphlet, in all courts and places
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| 12 |  | where judicial proceedings are had. | 
| 13 |  |  Notwithstanding any other provision in this Article or in  | 
| 14 |  | the School
Code, the board may delegate to the general  | 
| 15 |  | superintendent or to the
attorney the authorities granted to  | 
| 16 |  | the board in the School Code, provided
such delegation and  | 
| 17 |  | appropriate oversight procedures are made pursuant to
board  | 
| 18 |  | by-laws, rules and regulations, adopted as herein provided,  | 
| 19 |  | except that
the board may not delegate its authorities and  | 
| 20 |  | responsibilities regarding (1)
budget approval obligations;  | 
| 21 |  | (2) rule-making functions; (3) desegregation
obligations; (4)  | 
| 22 |  | real estate acquisition, sale or lease in excess of 10 years
as  | 
| 23 |  | provided in Section 34-21; (5) the levy of taxes; or (6) any  | 
| 24 |  | mandates
imposed upon the board by "An Act in relation to  | 
| 25 |  | school reform in cities over
500,000, amending Acts herein  | 
| 26 |  | named", approved December 12, 1988 (P.A.
85-1418). |