093_SB1957ham001











                                     LRB093 08907 AMC 17314 a

 1                    AMENDMENT TO SENATE BILL 1957

 2        AMENDMENT NO.     .  Amend Senate Bill 1957 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 08907 AMC 17314 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 firearm to school as defined in 18 U.S.C. 921.
34             (3)  Have  at  least  3% of the students enrolled in
 
                            -3-      LRB093 08907 AMC 17314 a
 1        the school exercise the  individual  option  to  transfer
 2        schools pursuant to subsection (c) of this Section.
 3        (c)  A  student  may  transfer  from one public school to
 4    another public school in that district if the  student  is  a
 5    victim  of  a  violent  crime  as defined in Section 3 of the
 6    Rights of Crime Victims and Witnesses Act.  The violent crime
 7    must have occurred on school grounds  during  regular  school
 8    hours or during a school-sponsored event.
 9        (d)  Transfers  made  pursuant to subsections (b) and (c)
10    of this Section shall be made in compliance with the  federal
11    No Child Left Behind Act of 2001 (Public Law 107-110).
12    (Source: P.A. 92-604, eff. 7-1-02.)

13        (105 ILCS 5/34-18.24)
14        Sec. 34-18.24 34-18.23.  Transfer of students.
15        (a)  The  board  shall  establish  and implement a policy
16    governing the transfer  of  a  student  from  one  attendance
17    center to another within the school district upon the request
18    of  the student's parent or guardian. Any request by a parent
19    or guardian to transfer his or her child from one  attendance
20    center  to  another  within  the  school district pursuant to
21    Section  1116  of  the  federal  Elementary   and   Secondary
22    Education  Act  of 1965 (20 U.S.C. Sec. 6317) must be made no
23    later than 30 days after  the  parent  or  guardian  receives
24    notice  of  the  right  to  transfer  pursuant to that law. A
25    student may not transfer to any of the  following  attendance
26    centers,   except  by  change  in  residence  if  the  policy
27    authorizes enrollment based on  residence  in  an  attendance
28    area or unless approved by the board on an individual basis:
29             (1)  An  attendance  center  that  exceeds  or  as a
30        result  of  the  transfer  would  exceed  its  attendance
31        capacity.
32             (2)  An attendance center for which  the  board  has
33        established  academic  criteria  for  enrollment  if  the
 
                            -4-      LRB093 08907 AMC 17314 a
 1        student  does  not  meet  the criteria, provided that the
 2        transfer must be permitted if the  attendance  center  is
 3        the  only  attendance  center serving the student's grade
 4        that has not  been  identified  for  school  improvement,
 5        corrective action, or restructuring under Section 1116 of
 6        the  federal  Elementary  and  Secondary Education Act of
 7        1965 (20 U.S.C. Sec. 6317).
 8             (3)  Any attendance center  if  the  transfer  would
 9        prevent  the school district from meeting its obligations
10        under a State or federal law,  court  order,  or  consent
11        decree applicable to the school district.
12        (b)  The  board  shall  establish  and implement a policy
13    governing the transfer of students within the school district
14    from a persistently dangerous attendance  center  to  another
15    attendance  center  in that district that is not deemed to be
16    persistently  dangerous.  In  order  to   be   considered   a
17    persistently  dangerous  attendance  center,  the  attendance
18    center  must  meet  all  of  the  following  criteria  for  2
19    consecutive years:
20             (1)  Have  greater  than 3% of the students enrolled
21        in the attendance center  expelled  for  violence-related
22        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 attendance center exercise the individual  option  to
27        transfer attendance centers pursuant to subsection (c) of
28        this Section.
29        (c)  A student may transfer from one attendance center to
30    another  attendance center within the district if the student
31    is a victim of a violent crime as defined in Section 3 of the
32    Rights of Crime Victims and Witnesses Act.  The violent crime
33    must have occurred on school grounds  during  regular  school
34    hours or during a school-sponsored event.
 
                            -5-      LRB093 08907 AMC 17314 a
 1        (d)  Transfers  made  pursuant to subsections (b) and (c)
 2    of this Section shall be made in compliance with the  federal
 3    No Child Left Behind Act of 2001 (Public Law 107-110).
 4    (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.27 as follows:

 7        (30 ILCS 805/8.27 new)
 8        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 93rd General Assembly.

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