093_SB0814eng

 
SB814 Engrossed                      LRB093 07938 AMC 08129 b

 1        AN ACT concerning schools.

 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)
 
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 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
 
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 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)
 
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 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.