Illinois General Assembly - Full Text of HB2403
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Full Text of HB2403  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Fred Crespo


105 ILCS 5/10-21.3a

    Amends the School Code. In provisions concerning the transfer of students, removes references to now-repealed federal laws.

LRB100 07878 MLM 17949 b





HB2403LRB100 07878 MLM 17949 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
510-21.3a as follows:
6    (105 ILCS 5/10-21.3a)
7    Sec. 10-21.3a. Transfer of students.
8    (a) Each school board shall establish and implement a
9policy governing the transfer of a student from one attendance
10center to another within the school district upon the request
11of the student's parent or guardian. Any request by a parent or
12guardian to transfer his or her child from one attendance
13center to another within the school district pursuant to
14Section 1116 of the federal Elementary and Secondary Education
15Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30
16days after the parent or guardian receives notice of the right
17to transfer pursuant to that law. A student may not transfer to
18any of the following attendance centers, except by change in
19residence if the policy authorizes enrollment based on
20residence in an attendance area or unless approved by the board
21on an individual basis:
22        (1) An attendance center that exceeds or as a result of
23    the transfer would exceed its attendance capacity.



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1        (2) An attendance center for which the board has
2    established academic criteria for enrollment if the
3    student does not meet the criteria, provided that the
4    transfer must be permitted if the attendance center is the
5    only attendance center serving the student's grade that has
6    not been identified for school improvement, corrective
7    action, or restructuring under Section 1116 of the federal
8    Elementary and Secondary Education Act of 1965 (20 U.S.C.
9    Sec. 6316).
10        (3) Any attendance center if the transfer would prevent
11    the school district from meeting its obligations under a
12    State or federal law, court order, or consent decree
13    applicable to the school district.
14    (b) Each school board shall establish and implement a
15policy governing the transfer of students within a school
16district from a persistently dangerous school to another public
17school in that district that is not deemed to be persistently
18dangerous. In order to be considered a persistently dangerous
19school, the school must meet all of the following criteria for
202 consecutive years:
21        (1) Have greater than 3% of the students enrolled in
22    the school expelled for violence-related conduct.
23        (2) Have one or more students expelled for bringing a
24    firearm to school as defined in 18 U.S.C. 921.
25        (3) Have at least 3% of the students enrolled in the
26    school exercise the individual option to transfer schools



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1    pursuant to subsection (c) of this Section.
2    (c) A student may transfer from one public school to
3another public school in that district if the student is a
4victim of a violent crime as defined in Section 3 of the Rights
5of Crime Victims and Witnesses Act. The violent crime must have
6occurred on school grounds during regular school hours or
7during a school-sponsored event.
8    (d) (Blank). Transfers made pursuant to subsections (b) and
9(c) of this Section shall be made in compliance with the
10federal No Child Left Behind Act of 2001 (Public Law 107-110).
11(Source: P.A. 96-328, eff. 8-11-09.)