(105 ILCS 5/10-21.3a)
Transfer of students.
(a) Each school board shall establish and
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
Any request by a parent or guardian to transfer his or her child from one
center to another
within the school district pursuant to Section 1116 of the federal Elementary
Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 days after the
parent or guardian
receives notice of the right to transfer pursuant to that law.
student may not transfer to any of the following attendance centers, except by
residence if the policy authorizes enrollment based on residence in an
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result
of the transfer would exceed its attendance capacity.
(2) An attendance center for which the board has
established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6316).
(3) Any attendance center if the transfer would
prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.
(b) Each school board shall establish and implement a policy governing the
transfer of students within a school district from a persistently dangerous
school to another public school in that district that is not deemed to be
In order to be considered a persistently dangerous school, the
school must meet all of the following criteria for 2 consecutive years:
(1) Have greater than 3% of the students enrolled in
the school expelled for violence-related conduct.
(2) Have one or more students expelled for bringing a
firearm to school as defined in 18 U.S.C. 921.
(3) Have at least 3% of the students enrolled in the
school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.
(c) A student may transfer from one public school to
another public school in that district if the student is a victim of a violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) Transfers made pursuant to subsections (b) and (c) of this Section shall
be made in compliance with the federal No Child Left Behind Act of 2001 (Public
(Source: P.A. 96-328, eff. 8-11-09.)