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Article 13A - Alternative Public Schools

      (105 ILCS 5/Art. 13A heading)ARTICLE 13A. ALTERNATIVE PUBLIC SCHOOLS

(105 ILCS 5/13A‑0.5)     Sec. 13A‑0.5. This Article may be cited as the Safe Schools Law. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑1)     Sec. 13A‑1. Legislative Declaration. The General Assembly finds and declares as follows:     (a) The children of this State constitute its most important resource, and in order to enable those children to reach their full potential, the State must provide them the quality public education that the Constitution of the State of Illinois mandates.     (b) The State cannot provide its children with the education they deserve and require unless the environment of the public schools is conducive to learning.     (c) That environment cannot be achieved unless an atmosphere of safety prevails, assuring that the person of each student, teacher, and staff member is respected, and that none of those people are subjected to violence, threats, harassment, intimidation, or otherwise confrontational or inappropriate behaviors that disrupt the educational atmosphere.     (d) In most schools, although the disruptive students who are the primary cause of inappropriate educational environments comprise a small percentage of the total student body, they nevertheless consume a substantial amount of the time and resources of teachers and school administrators who are required to address and contain that disruptive behavior.     (e) Disruptive students typically derive little benefit from traditional school programs and may benefit substantially by being transferred from their current school into an alternative public school program, where their particular needs may be more appropriately and individually addressed and where they may benefit from the opportunity for a fresh start in a new educational environment. At those alternative school programs, innovative academic and school‑to‑work programs, including but not limited to the techniques of work based learning and technology delivered learning, can be utilized to best help the students enrolled in those schools to become productive citizens.     (f) Students need an appropriate, constructive classroom atmosphere in order to benefit from the teacher's presentations. Students cannot afford the classroom disruptions and often become frustrated and angry at the inability of their teachers and schools to control disruptive students. As a result, they drop out of school too often. Furthermore, even if these students stay in school and graduate, they have been deprived by their disruptive classmates of the attention to their educational needs that their teachers would otherwise have provided, thereby diminishing their receiving the education and skills necessary to secure good jobs and become productive members of an increasingly competitive economic environment.     (g) Parents of school children statewide have expressed their rising anger and concern at the failure of their local public schools to provide a safe and appropriate educational environment for their children and to deal appropriately with disruptive students, and the General Assembly deems their concerns to be understandable and justified.     (h) Every school district in the State shall do all it can to ensure a safe and appropriate educational environment for all of its students, and the first, but not the only, step school districts must take to achieve that goal is to administratively transfer disruptive students from the schools they currently attend to the alternative school programs created by this Article. Those administrative transfers will also provide optional educational programs to best fit the needs of the transferred students.     (i) Administrative transfers may prove more productive for dealing with disruptive students than out‑of‑school suspensions or expulsions, which have been the subject of much criticism.     (j) Because of the urgency of the problems described in this Section, as well as their statewide impact, the State of Illinois bears the responsibility to establish and fully fund alternative schools as soon as possible, thereby providing school districts with an option for dealing with disruptive students that they do not now possess.     (k) While school districts shall comply with all applicable federal laws and regulations, they should do so consistent with the goals and policies stated in this Article. Further, this Article is intended to be consistent with all applicable federal laws and regulations.     (l) An alternative school program established under this Article is subject to the other provisions of this Code that apply generally in the public schools of this State and to the rules and regulations promulgated thereunder, except as otherwise provided in this Article.     (m) The provisions of the Illinois Educational Labor Relations Act apply to those alternative school programs that are created on or after the effective date of this amendatory Act of 1995. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96.)

(105 ILCS 5/13A‑2)     Sec. 13A‑2. Definitions. In this Article words and phrases have the meanings set forth in the following Sections. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑2.5)     Sec. 13A‑2.5. Disruptive student. "Disruptive student" includes suspension or expulsion eligible students in any of grades 6 through 12. Suspension or expulsion eligible students are those students that have been found to be eligible for suspension or expulsion through the discipline process established by a school district. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑2.10)     Sec. 13A‑2.10. Regional superintendent. "Regional superintendent" has the meaning ascribed to it in Section 3A‑2 of this Code. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑2.15)     Sec. 13A‑2.15. (Repealed). (Source: P.A. 89‑383, eff. 8‑18‑95. Repealed by P.A. 89‑629, eff. 8‑9‑96.)

(105 ILCS 5/13A‑2.20)     Sec. 13A‑2.20. Educational service region. "Educational service region" has the meaning ascribed to it in Article 3A of this Code. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑2.25)     Sec. 13A‑2.25. State board. "State board" means the State Board of Education, as defined in Section 1A‑1 of this Code. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑2.30)     Sec. 13A‑2.30. District superintendent. "District superintendent" has the meaning ascribed to it in Section 10‑21.4 of this Code. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑3)     Sec. 13A‑3. Alternative schools.     (a) Except with respect to the Chicago public school system as provided in Section 13A‑11, beginning with the 1996‑97 school year, there is hereby created in this State a system of alternative school education programs. At least one alternative school program may be located within each educational service region or established jointly by more than one regional office of education to serve more than one educational service region.     (b) Each regional superintendent shall hold a public hearing, by December 1 of the school year following the effective date of this amendatory Act of 1995, to determine the need for an alternative school. The hearing shall be held before the regional board. The regional superintendent, after consulting with the district superintendent of each school district located within the regional superintendent's educational service region and the regional board, shall determine the location and the need of the alternative school within that region. In making this determination, the regional superintendent shall consider the following:         (1) the possible utilization of existing buildings,

including but not limited to governmental buildings, that are, or could reasonably be made, usable as an alternative school;

(2) which available option would be least costly; and         (3) distances that administratively transferred

students would need to travel and the costs of that travel.

(c) Upon determination of the need for establishment of an alternative school program, each school district located within the region shall provide the regional superintendent with a copy of the district's discipline policy and procedure for effecting the suspension or expulsion of the students of that district. Thereafter, the regional superintendent in cooperation with a representative from each school district in the region shall establish and each school district in the region shall adopt policies and procedures that shall guide each district in the identification and placement of students in the alternative school program.     (d) The regional superintendent shall locate the alternative school program so that it is as far away from any other school buildings or school grounds in that educational service region as circumstances permit.     (e) With the approval of the State board, additional alternative school programs may be established in an educational service region. If the regional superintendent determines that an additional alternative school is required in the regional superintendent's educational service region, he or she may petition the State board to authorize one or more additional alternative school programs in that region.     (f) In determining whether an additional alternative school program is necessary and appropriate for an educational service region requesting it, the State board shall consider, among other factors, the following:         (1) the geographic size of the educational service

region and distances that students within that region must travel in order to attend the existing alternative school program;

(2) the student population of schools comprising the

educational service region and the likely student population of all alternative school programs within that region if the petition is granted;

(3) any other logistical considerations; and         (4) the costs necessitated by establishing an

additional alternative school in that educational service region.

(g) In the event the State board grants a petition for an additional alternative school program, then the State board, after consulting the regional superintendent, shall decide where the additional alternative school program shall be located within that region. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96.)

(105 ILCS 5/13A‑4)     Sec. 13A‑4. Administrative transfers. A student who is determined to be subject to suspension or expulsion in the manner provided by Section 10‑22.6 (or, in the case of a student enrolled in the public schools of a school district organized under Article 34, in accordance with the uniform system of discipline established under Section 34‑19) may be immediately transferred to the alternative program. At the earliest time following that transfer appropriate personnel from the sending school district and appropriate personnel of the alternative program shall meet to develop an alternative education plan for the student. The student's parent or guardian shall be invited to this meeting. The student may be invited. The alternative educational plan shall include, but not be limited to all of the following:         (1) The duration of the plan, including a date after

which the student may be returned to the regular educational program in the public schools of the transferring district. If the parent or guardian of a student who is scheduled to be returned to the regular education program in the public schools of the district files a written objection to the return with the principal of the alternative school, the matter shall be referred by the principal to the regional superintendent of the educational service region in which the alternative school program is located for a hearing. Notice of the hearing shall be given by the regional superintendent to the student's parent or guardian. After the hearing, the regional superintendent may take such action as he or she finds appropriate and in the best interests of the student. The determination of the regional superintendent shall be final.

(2) The specific academic and behavioral components

of the plan.

(3) A method and time frame for reviewing the

student's progress.

Notwithstanding any other provision of this Article, if a student for whom an individualized educational program has been developed under Article 14 is transferred to an alternative school program under this Article 13A, that individualized educational program shall continue to apply to that student following the transfer unless modified in accordance with the provisions of Article 14. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96.)

(105 ILCS 5/13A‑5)     Sec. 13A‑5. Alternative school program curriculum.     (a) The regional superintendent shall implement, or contract with one or more school districts to implement, a multi‑disciplinary curriculum, which may include work‑based learning and community service work approved by the regional superintendent of schools in consultation with the State Board of Education for which academic credit is earned, for the alternative school program designed to address the individualized needs of the students of that program, with special emphasis toward making the educational experience of each student meaningful and worthwhile. In the design and implementation of that curriculum, the regional superintendent or school district shall give due consideration to the rules and regulations adopted by the State Board of Education for alternative schools and optional education programs. The regional superintendent or school district (i) may contract with third parties for any services otherwise performed by employees and (ii) may apply for waivers or modifications of mandates of this Code or of administrative rules as provided in Section 2‑3.25g of this Code and as are necessary for the alternative school program.     (b) An administratively transferred student who successfully completes the requirements for his or her high school graduation shall receive a diploma identifying the student as graduating from the transferring high school. In the event the student is administratively transferred before enrolling in a high school, then that student shall receive a diploma from the high school the student would have attended if the student had not attended an alternative school program. (Source: P.A. 90‑283, eff. 7‑31‑97; 91‑318, eff. 7‑29‑99.)

(105 ILCS 5/13A‑6)     Sec. 13A‑6. Administration; contracts; waivers.     (a) The regional superintendent shall administer, or contract with one or more school districts to administer, alternative school programs located within the educational service region. The regional superintendent or school district (i) may contract with third parties for any services otherwise performed by employees and (ii) may apply for waivers or modifications of mandates of this Code or of administrative rules as provided in Section 2‑3.25g of this Code and as are necessary for the alternative school program.     (b) The regional superintendent is responsible for the administrative and fiscal structure for the program. (Source: P.A. 91‑318, eff. 7‑29‑99.)

(105 ILCS 5/13A‑7)     Sec. 13A‑7. Employees. In all school districts, including special charter districts and districts located in cities having a population exceeding 500,000, the local school board shall grant, for a period of up to 5 years, a leave of absence to those of its employees who accept employment with an alternative school, provided that the employee shall satisfy any leave of absence provisions that may exist under a collective bargaining agreement or, if such an agreement does not exist, a school board policy. At the end of the authorized leave of absence, the employee must return to the school district in a comparable position or resign. The contractual continued service status and retirement benefits of an employee of the district who is granted a leave of absence to accept employment with an alternative school shall not be affected by that leave of absence. (Source: P.A. 89‑383, eff. 8‑18‑95.)

(105 ILCS 5/13A‑8)     Sec. 13A‑8. Funding.     (a) The State of Illinois shall provide funding for the alternative school programs within each educational service region and within the Chicago public school system by line item appropriation made to the State Board of Education for that purpose. This money, when appropriated, shall be provided to the regional superintendent and to the Chicago Board of Education, who shall establish a budget, including salaries, for their alternative school programs. Each program shall receive funding in the amount of $30,000 plus an amount based on the ratio of the region's or Chicago's best 3 months' average daily attendance in grades pre‑kindergarten through 12 to the statewide totals of these amounts. For purposes of this calculation, the best 3 months' average daily attendance for each region or Chicago shall be calculated by adding to the best 3 months' average daily attendance the number of low‑income students identified in the most recently available federal census multiplied by one‑half times the percentage of the region's or Chicago's low‑income students to the State's total low‑income students. The State Board of Education shall retain up to 1.1% of the appropriation to be used to provide technical assistance, professional development, and evaluations for the programs.     (a‑5) Notwithstanding any other provisions of this Section, for the 1998‑1999 fiscal year, the total amount distributed under subsection (a) for an alternative school program shall be not less than the total amount that was distributed under that subsection for that alternative school program for the 1997‑1998 fiscal year. If an alternative school program is to receive a total distribution under subsection (a) for the 1998‑1999 fiscal year that is less than the total distribution that the program received under that subsection for the 1997‑1998 fiscal year, that alternative school program shall also receive, from a separate appropriation made for purposes of this subsection (a‑5), a supplementary payment equal to the amount by which its total distribution under subsection (a) for the 1997‑1998 fiscal year exceeds the amount of the total distribution that the alternative school program receives under that subsection for the 1998‑1999 fiscal year. If the amount appropriated for supplementary payments to alternative school programs under this subsection (a‑5) is insufficient for that purpose, those supplementary payments shall be prorated among the alternative school programs entitled to receive those supplementary payments according to the aggregate amount of the appropriation made for purposes of this subsection (a‑5).     (b) An alternative school program shall be entitled to receive general State aid as calculated in subsection (K) of Section 18‑8.05 upon filing a claim as provided therein. Any time that a student who is enrolled in an alternative school program spends in work‑based learning, community service, or a similar alternative educational setting shall be included in determining the student's minimum number of clock hours of daily school work that constitute a day of attendance for purposes of calculating general State aid.     (c) An alternative school program may receive additional funding from its school districts in such amount as may be agreed upon by the parties and necessary to support the program. In addition, an alternative school program is authorized to accept and expend gifts, legacies, and grants, including but not limited to federal grants, from any source for purposes directly related to the conduct and operation of the program. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96; 89‑636, eff. 8‑9‑96; 90‑14, eff. 7‑1‑97; 90‑283, eff. 7‑31‑97; 90‑802, eff. 12‑15‑98.)

(105 ILCS 5/13A‑9)     Sec. 13A‑9. Transportation. Subject to the requirements of Article 29 and except as otherwise agreed by the parents, school and regional superintendent, the school from which a student is administratively transferred shall provide for any transportation that the transfer necessitates, if transportation is required pursuant to Section 29‑3. The regional superintendent shall coordinate all transportation arrangements with transferring school districts. The regional superintendent may also arrange for cooperation between school districts in the regional superintendent's educational service region regarding the transportation needs of transferred students in order to reduce the costs of that transportation and to provide greater convenience for the students involved. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96; 89‑636, eff. 8‑9‑96; 90‑14, eff. 7‑1‑97.)

(105 ILCS 5/13A‑10)     Sec. 13A‑10. Alternative School Programs in Class II Counties. The executive director of educational service centers located in Class II counties outside a city of 500,000 or more inhabitants shall, for the educational service center area, perform the duties assigned by this Article to regional superintendents. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑629, eff. 8‑9‑96.)

(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 the School Code, except provisions concerning:         (1) Student civil rights;         (2) Staff civil rights;         (3) Health and safety;         (4) Performance and financial audits;         (5) The Illinois Goals Assessment Program;         (6) Chicago learning outcomes;         (7) Sections 2‑3.25a through 2‑3.25j of the School

Code;

(8) The Inspector General; and         (9) Section 34‑2.4b of the School Code. (Source: P.A. 89‑383, eff. 8‑18‑95; 89‑636, eff. 8‑9‑96.)