Public Act 0407 104TH GENERAL ASSEMBLY

SB2057 Enrolled LRB104 08549 LNS 18601 b

Public Act 104-0407

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.65 as follows:

(5 ILCS 100/5-45.65 new)

Sec. 5-45.65. Emergency rulemaking; School Safety Drill Act. To provide for the expeditious and timely implementation of Section 40 of the School Safety Drill Act, emergency rules implementing Section 40 of the School Safety Drill Act may be adopted in accordance with Section 5-45 by the State Board of Education, in consultation with the Illinois State Police. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 104th General Assembly.

Section 10. The School Safety Drill Act is amended by changing Sections 40 and 45 as follows:

(105 ILCS 128/40)

Sec. 40. Common rules. The State Board of Education and the Office of the State Fire Marshal shall cooperate together and coordinate with all appropriate education, first responder, and emergency management officials to (i) develop and implement one common set of rules to be administered under this Act and (ii) develop clear and definitive guidelines to school districts, private schools, and first responders as to how to develop school emergency and crisis response plans, how to develop school emergency and crisis response plans, threat assessment procedures, rapid entry response plans, and cardiac emergency response plans, how to exercise and drill based on such plans and procedures, and how to incorporate lessons learned from these exercises and drills into school emergency and crisis response plans.

The State Board of Education, in consultation with the Illinois State Police, shall adopt rules to implement this amendatory Act of the 104th General Assembly. Recognizing the adoption of such rules is deemed an emergency and necessary for the public interest, safety, and welfare of schools in this State, the State Board of Education, in consultation with the Illinois State Police, may adopt rules necessary to implement this amendatory Act of the 104th General Assembly through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act for a period not to exceed 365 days after the effective date of this amendatory Act of the 104th amendatory Act.

(Source: P.A. 94-600, eff. 8-16-05.)

(105 ILCS 128/45)

Sec. 45. Threat assessment procedure.

(a) Each school district must implement a threat assessment procedure that may be part of a school board policy on targeted school violence prevention. The procedure must include the creation of a threat assessment team. The team must include at least one law enforcement official and cross-disciplinary representatives of the district who are most directly familiar with the mental and behavioral health needs of students and staff. Such cross-disciplinary representatives may include the following members:

(1) An administrator employed by the school district or a special education cooperative that serves the school district and is available to serve.

(2) A teacher employed by the school district or a special education cooperative that serves the school district and is available to serve.

(3) A school counselor employed by the school district or a special education cooperative that serves the school district and is available to serve.

(4) A school psychologist employed by the school district or a special education cooperative that serves the school district and is available to serve.

(5) A school social worker employed by the school district or a special education cooperative that serves the school district and is available to serve.

(6) (Blank).

If a school district is unable to establish a threat assessment team with school district staff and resources, it may utilize a regional behavioral threat assessment and intervention team that includes mental health professionals and representatives from the State, county, and local law enforcement agencies.

(b) A school district shall establish the threat assessment team under this Section no later than 180 days after August 23, 2019 (the effective date of Public Act 101-455) and must implement an initial threat assessment procedure no later than 120 days after August 23, 2019 (the effective date of Public Act 101-455). Each year prior to the start of the school year, the school board shall file the threat assessment procedure and a list identifying the members of the school district's threat assessment team or regional behavior threat assessment and intervention team with (i) a local law enforcement agency and (ii) the regional office of education or, with respect to a school district organized under Article 34 of the School Code, the State Board of Education.

(b-5) A charter school operating under a charter issued by a local board of education may adhere to the local board's threat assessment procedure or may implement its own threat assessment procedure in full compliance with the requirements of this Section. The charter agreement shall specify in detail how threat assessment procedures will be determined for the charter school.

(b-10) A special education cooperative operating under a joint agreement must implement its own threat assessment procedure in full compliance with the requirements of this Section, including the creation of a threat assessment team, which may consist of individuals employed by the member districts. The procedure must include actions the special education cooperative will take in partnership with its member districts to address a threat.

(c) Any sharing of student information under this Section must comply with the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act.

(d) (Blank).

(e) The State Board of Education shall provide school districts with guidance outlining what steps or consideration shall be included within the school district's threat assessment procedure, including guidance for how and when a school district should notify parents and community members of a threat. The State Board of Education shall publish the guidance on its website. School districts shall incorporate any additional information required by this subsection into their threat assessment procedure within the school year following publication of the guidance on the State Board of Education's website.

(Source: P.A. 102-791, eff. 5-13-22; 102-894, eff. 5-20-22; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; 103-780, eff. 8-2-24.)

Section 99. Effective date. This Act takes effect upon becoming law.