093_SB1957enr

 
SB1957 Enrolled                      LRB093 08907 RCE 09139 b

 1        AN ACT in relation to education.

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

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections  10-21.3a and 34-18.24 and adding Section 2-3.131 as
 6    follows:

 7        (105 ILCS 5/2-3.131 new)
 8        Sec. 2-3.131.  Persistently dangerous schools.  The State
 9    Board of Education shall maintain data and publish a list  of
10    persistently dangerous schools on an annual basis.

11        (105 ILCS 5/10-21.3a)
12        Sec. 10-21.3a.  Transfer of students.
13        (a)  Each  school  board  shall establish and implement a
14    policy  governing  the  transfer  of  a  student   from   one
15    attendance  center to another within the school district upon
16    the request of the student's parent or guardian. Any  request
17    by a parent or guardian to transfer his or her child from one
18    attendance  center  to  another  within  the  school district
19    pursuant to  Section  1116  of  the  federal  Elementary  and
20    Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be
21    made  no  later  than  30  days  after the parent or guardian
22    receives notice of the right to  transfer  pursuant  to  that
23    law.  A  student  may  not  transfer  to any of the following
24    attendance centers, except by  change  in  residence  if  the
25    policy   authorizes  enrollment  based  on  residence  in  an
26    attendance area  or  unless  approved  by  the  board  on  an
27    individual basis:
28             (1)  An  attendance  center  that  exceeds  or  as a
29        result  of  the  transfer  would  exceed  its  attendance
30        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
 5        the  only  attendance  center serving the student's grade
 6        that has not  been  identified  for  school  improvement,
 7        corrective action, or restructuring under Section 1116 of
 8        the  federal  Elementary  and  Secondary Education Act of
 9        1965 (20 U.S.C. Sec. 6317).
10             (3)  Any attendance center  if  the  transfer  would
11        prevent  the school district from meeting its obligations
12        under a State or federal law,  court  order,  or  consent
13        decree applicable to the school district.
14        (b)  Each  school  board  shall establish and implement a
15    policy governing the transfer of  students  within  a  school
16    district  from  a  persistently  dangerous  school to another
17    public school in that district  that  is  not  deemed  to  be
18    persistently   dangerous.   In   order  to  be  considered  a
19    persistently dangerous school, the school must  meet  all  of
20    the following criteria for 2 consecutive years:
21             (1)  Have  greater  than 3% of the students enrolled
22        in the school expelled for violence-related conduct.
23             (2)  Have one or more students expelled for bringing
24        a firearm to school as defined in 18 U.S.C. 921.
25             (3)  Have at least 3% of the  students  enrolled  in
26        the  school  exercise  the  individual option to transfer
27        schools pursuant to subsection (c) of this Section.
28        (c)  A student may transfer from  one  public  school  to
29    another  public  school  in that district if the student is a
30    victim of a violent crime as defined  in  Section  3  of  the
31    Rights of Crime Victims and Witnesses Act.  The violent crime
32    must  have  occurred  on school grounds during regular school
33    hours or during a school-sponsored event.
34        (d)  Transfers made pursuant to subsections (b)  and  (c)
 
SB1957 Enrolled            -3-       LRB093 08907 RCE 09139 b
 1    of  this Section shall be made in compliance with the federal
 2    No Child Left Behind Act of 2001 (Public Law 107-110).
 3    (Source: P.A. 92-604, eff. 7-1-02.)

 4        (105 ILCS 5/34-18.24)
 5        Sec. 34-18.24 34-18.23.  Transfer of students.
 6        (a)  The board shall establish  and  implement  a  policy
 7    governing  the  transfer  of  a  student  from one attendance
 8    center to another within the school district upon the request
 9    of the student's parent or guardian. Any request by a  parent
10    or  guardian to transfer his or her child from one attendance
11    center to another within  the  school  district  pursuant  to
12    Section   1116   of  the  federal  Elementary  and  Secondary
13    Education Act of 1965 (20 U.S.C. Sec. 6317) must be  made  no
14    later  than  30  days  after  the parent or guardian receives
15    notice of the right to  transfer  pursuant  to  that  law.  A
16    student  may  not transfer to any of the following attendance
17    centers,  except  by  change  in  residence  if  the   policy
18    authorizes  enrollment  based  on  residence in an attendance
19    area or unless approved by the board on an individual basis:
20             (1)  An attendance  center  that  exceeds  or  as  a
21        result  of  the  transfer  would  exceed  its  attendance
22        capacity.
23             (2)  An  attendance  center  for which the board has
24        established  academic  criteria  for  enrollment  if  the
25        student does not meet the  criteria,  provided  that  the
26        transfer  must  be  permitted if the attendance center is
27        the only attendance center serving  the  student's  grade
28        that  has  not  been  identified  for school improvement,
29        corrective action, or restructuring under Section 1116 of
30        the federal Elementary and  Secondary  Education  Act  of
31        1965 (20 U.S.C. Sec. 6317).
32             (3)  Any  attendance  center  if  the transfer would
33        prevent the school district from meeting its  obligations
 
SB1957 Enrolled            -4-       LRB093 08907 RCE 09139 b
 1        under  a  State  or  federal law, court order, or consent
 2        decree applicable to the school district.
 3        (b)  The board shall establish  and  implement  a  policy
 4    governing the transfer of students within the school district
 5    from  a  persistently  dangerous attendance center to another
 6    attendance center in that district that is not deemed  to  be
 7    persistently   dangerous.   In   order  to  be  considered  a
 8    persistently  dangerous  attendance  center,  the  attendance
 9    center  must  meet  all  of  the  following  criteria  for  2
10    consecutive years:
11             (1)  Have greater than 3% of the  students  enrolled
12        in  the  attendance  center expelled for violence-related
13        conduct.
14             (2)  Have one or more students expelled for bringing
15        a firearm to school as defined in 18 U.S.C. 921.
16             (3)  Have at least 3% of the  students  enrolled  in
17        the  attendance  center exercise the individual option to
18        transfer attendance centers pursuant to subsection (c) of
19        this Section.
20        (c)  A student may transfer from one attendance center to
21    another attendance center within the district if the  student
22    is a victim of a violent crime as defined in Section 3 of the
23    Rights of Crime Victims and Witnesses Act.  The violent crime
24    must  have  occurred  on school grounds during regular school
25    hours or during a school-sponsored event.
26        (d)  Transfers made pursuant to subsections (b)  and  (c)
27    of  this Section shall be made in compliance with the federal
28    No Child Left Behind Act of 2001 (Public Law 107-110).
29    (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

30        Section 90.  The State Mandates Act is amended by  adding
31    Section 8.27 as follows:

32        (30 ILCS 805/8.27 new)
 
SB1957 Enrolled            -5-       LRB093 08907 RCE 09139 b
 1        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 2    and 8 of this Act, no reimbursement by the State is  required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 93rd General Assembly.

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