093_SB0814sam001

 










                                     LRB093 07938 AMC 13510 a

 1                    AMENDMENT TO SENATE BILL 814

 2        AMENDMENT NO.     .  Amend Senate Bill 814  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 07938 AMC 13510 a
 1    receives  notice  of  the  right to transfer pursuant to that
 2    law. A student may not  transfer  to  any  of  the  following
 3    attendance  centers,  except  by  change  in residence if the
 4    policy  authorizes  enrollment  based  on  residence  in   an
 5    attendance  area  or  unless  approved  by  the  board  on an
 6    individual basis:
 7             (1)  An attendance  center  that  exceeds  or  as  a
 8        result  of  the  transfer  would  exceed  its  attendance
 9        capacity.
10             (2)  An  attendance  center  for which the board has
11        established  academic  criteria  for  enrollment  if  the
12        student does not meet the  criteria,  provided  that  the
13        transfer  must  be  permitted if the attendance center is
14        the only attendance center serving  the  student's  grade
15        that  has  not  been  identified  for school improvement,
16        corrective action, or restructuring under Section 1116 of
17        the federal Elementary and  Secondary  Education  Act  of
18        1965 (20 U.S.C. Sec. 6317).
19             (3)  Any  attendance  center  if  the transfer would
20        prevent the school district from meeting its  obligations
21        under  a  State  or  federal law, court order, or consent
22        decree applicable to the school district.
23        (b)  Each school board shall establish  and  implement  a
24    policy  governing  the  transfer  of students within a school
25    district from a  persistently  dangerous  school  to  another
26    public  school  in  that  district  that  is not deemed to be
27    persistently  dangerous.  In  order  to   be   considered   a
28    persistently  dangerous  school,  the school must meet all of
29    the following criteria for 2 consecutive years:
30             (1)  Have greater than 3% of the  students  enrolled
31        in the school expelled for violence-related conduct.
32             (2)  Have one or more students expelled for bringing
33        a  weapon to school as defined in Section 10-22.6 of this
34        Code.
 
                            -3-      LRB093 07938 AMC 13510 a
 1             (3)  Have at least 3% of the  students  enrolled  in
 2        the  school  exercise  the  individual option to transfer
 3        schools pursuant to subsection (c) of this Section.
 4        (c)  A student may transfer from  one  public  school  to
 5    another  public  school  in that district if the student is a
 6    victim of a violent crime as defined  in  Section  3  of  the
 7    Rights of Crime Victims and Witnesses Act.  The violent crime
 8    must  have  occurred  on school grounds during regular school
 9    hours or during a school-sponsored event.
10        (d)  Transfers made pursuant to subsections (b)  and  (c)
11    of  this Section shall be made in compliance with the federal
12    No Child Left Behind Act of 2001 (Public Law 107-110).
13    (Source: P.A. 92-604, eff. 7-1-02.)

14        (105 ILCS 5/34-18.24)
15        Sec. 34-18.24 34-18.23.  Transfer of students.
16        (a)  The board shall establish  and  implement  a  policy
17    governing  the  transfer  of  a  student  from one attendance
18    center to another within the school district upon the request
19    of the student's parent or guardian. Any request by a  parent
20    or  guardian to transfer his or her child from one attendance
21    center to another within  the  school  district  pursuant  to
22    Section   1116   of  the  federal  Elementary  and  Secondary
23    Education Act of 1965 (20 U.S.C. Sec. 6317) must be  made  no
24    later  than  30  days  after  the parent or guardian receives
25    notice of the right to  transfer  pursuant  to  that  law.  A
26    student  may  not transfer to any of the following attendance
27    centers,  except  by  change  in  residence  if  the   policy
28    authorizes  enrollment  based  on  residence in an attendance
29    area or unless approved by the board on an individual basis:
30             (1)  An attendance  center  that  exceeds  or  as  a
31        result  of  the  transfer  would  exceed  its  attendance
32        capacity.
33             (2)  An  attendance  center  for which the board has
 
                            -4-      LRB093 07938 AMC 13510 a
 1        established  academic  criteria  for  enrollment  if  the
 2        student does not meet the  criteria,  provided  that  the
 3        transfer  must  be  permitted if the attendance center is
 4        the only attendance center serving  the  student's  grade
 5        that  has  not  been  identified  for school improvement,
 6        corrective action, or restructuring under Section 1116 of
 7        the federal Elementary and  Secondary  Education  Act  of
 8        1965 (20 U.S.C. Sec. 6317).
 9             (3)  Any  attendance  center  if  the transfer would
10        prevent the school district from meeting its  obligations
11        under  a  State  or  federal law, court order, or consent
12        decree applicable to the school district.
13        (b)  The board shall establish  and  implement  a  policy
14    governing the transfer of students within the school district
15    from  a  persistently  dangerous attendance center to another
16    attendance center in that district that is not deemed  to  be
17    persistently   dangerous.   In   order  to  be  considered  a
18    persistently  dangerous  attendance  center,  the  attendance
19    center  must  meet  all  of  the  following  criteria  for  2
20    consecutive years:
21             (1)  Have greater than 3% of the  students  enrolled
22        in  the  attendance  center expelled for violence-related
23        conduct.
24             (2)  Have one or more students expelled for bringing
25        a weapon to school as defined in Section 10-22.6 of  this
26        Code.
27             (3)  Have  at  least  3% of the students enrolled in
28        the attendance center exercise the individual  option  to
29        transfer attendance centers pursuant to subsection (c) of
30        this Section.
31        (c)  A student may transfer from one attendance center to
32    another  attendance center within the district if the student
33    is a victim of a violent crime as defined in Section 3 of the
34    Rights of Crime Victims and Witnesses Act.  The violent crime
 
                            -5-      LRB093 07938 AMC 13510 a
 1    must have occurred on school grounds  during  regular  school
 2    hours or during a school-sponsored event.
 3        (d)  Transfers  made  pursuant to subsections (b) and (c)
 4    of this Section shall be made in compliance with the  federal
 5    No Child Left Behind Act of 2001 (Public Law 107-110).
 6    (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

 7        Section  90.  The State Mandates Act is amended by adding
 8    Section 8.27 as follows:

 9        (30 ILCS 805/8.27 new)
10        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
11    and  8 of this Act, no reimbursement by the State is required
12    for  the  implementation  of  any  mandate  created  by  this
13    amendatory Act of the 93rd General Assembly.

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