2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › 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) 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 school program.
(b) Before the effective date of the transfer, the student's parents or guardians shall receive information about the alternative school program, including the specific nature of the curriculum, the number of students in the program, any available services, the program's disciplinary policies, a typical daily schedule, and any extracurricular activities that may be offered at the alternative school program.
(c) At the earliest time following the effective date of the transfer, appropriate personnel from the sending school district and appropriate personnel of the alternative school program shall meet to develop an alternative educational plan for the student. The student and the student's parents or guardians shall be invited to this meeting. 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 will be returned to the regular educational program in the public schools of the transferring district.
(2) The specific academic and behavioral components     of the plan.
(3) A method and time frame for reviewing the     student's progress and for transitioning the student back to the regular educational program in the public schools of the transferring district on the date set forth in paragraph (1), including a transition meeting between the sending school district, the alternative school program, and the student's parent or guardian at least 30 days prior to the date after which the student will be returned to the regular educational program in the public schools of the transferring district.
If the student or the student's parents or guardians are unable to attend the meeting required under this subsection (c), the appropriate personnel from the alternative school program shall offer a meeting within 30 days after the effective date of the transfer to the student and the student's parents or guardians to discuss and provide input on the student's alternative educational plan and shall provide a copy of the alternative educational plan to the student and the student's parents or guardians prior to the meeting.
(d) The date after which the student will return to the regular educational program in the public schools of the transferring district shall not be extended over the objection of the student's parent or guardian.
(e) The date after which the student will return to the regular educational program in the public schools of the transferring district may be extended upon written agreement by the transferring school district, the alternative school program, and the student's parent or guardian.
(f) Notwithstanding any other provision of this Article, if a student for whom an individualized education program has been developed under Article 14 is transferred to an alternative school program under this Article, that individualized education program shall continue to apply to that student following the transfer, unless modified in accordance with the provisions of Article 14.
(Source: P.A. 103-473, eff. 1-1-24.)
(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 or evidence-based funding as calculated in  subsection (g) of Section 18-8.15 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 or evidence-based funding.
(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. 100-465, eff. 8-31-17.)
(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)
(Text of Section before amendment by P.A. 102-466)
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 Code, except provisions concerning:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) the assessments required under Section 2-3.64a-5     of this Code;
(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this Code;
(8) the Inspector General; and
(9) Section 34-2.4b of this Code.
(Source: P.A. 98-972, eff. 8-15-14.)
(Text of Section after amendment by P.A. 102-466)
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 Code, except provisions concerning:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) the assessments required under Section 2-3.64a-5     of this Code;
(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this Code;
(8) the Inspector General;
(9) Section 34-2.4b of this Code; and
(10) Article 26A and any other provision of this Code     concerning students who are parents, expectant parents, or victims of domestic or sexual violence, as defined in Article 26A.
(Source: P.A. 102-466, eff. 7-1-25.)