105 ILCS 5/13A-3
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 13A - Alternative Public Schools

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.)