Full Text of HB4268 95th General Assembly
HB4268 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4268
Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.13a |
from Ch. 122, par. 2-3.13a |
105 ILCS 5/10-21.3a |
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105 ILCS 5/34-18.24 |
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30 ILCS 805/8.32 new |
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Amends the School Code. Provides that if a student has been expelled from an attendance center, the school district must permit the student to transfer to another attendance center within the district for the remainder of the expulsion. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2008.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4268 |
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LRB095 14182 NHT 40049 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 2-3.13a, 10-21.3a, and 34-18.24 as follows:
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| (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
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| Sec. 2-3.13a. School records; transferring students.
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| (a) The State
Board of Education shall establish and | 9 |
| implement rules requiring all of the
public schools and all | 10 |
| private or nonpublic elementary and secondary
schools located | 11 |
| in this State, whenever any such school has a student who
is | 12 |
| transferring to any other public elementary or secondary school | 13 |
| located in
this or in any other state, to forward within 10 | 14 |
| days of notice of the
student's transfer an unofficial record | 15 |
| of that student's grades to the school
to which such student is | 16 |
| transferring. Each public school at the same time
also shall | 17 |
| forward to the school to which the student is transferring the
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| remainder of the student's school student records as required | 19 |
| by the Illinois
School Student Records Act.
In addition, if a | 20 |
| student is transferring from a public school, whether
located | 21 |
| in this or any other state, from which the
student has been | 22 |
| suspended or expelled for knowingly possessing in a school
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| building or on school grounds a weapon as defined in the Gun |
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| Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly | 2 |
| possessing, selling, or delivering in
a school building or on | 3 |
| school grounds a controlled substance or cannabis, or
for | 4 |
| battering a staff member of the school, and
if the period of | 5 |
| suspension or expulsion has not expired at the time the
student | 6 |
| attempts to transfer into another public school in the same or | 7 |
| any
other school district : (i) for transfers into another | 8 |
| public school in the same or any other school district, any | 9 |
| school student records required to be
transferred shall include | 10 |
| the date and duration of the period of suspension or
expulsion; | 11 |
| and (ii) for transfers into a public school in another school | 12 |
| district, with the exception of transfers into the Department | 13 |
| of
Juvenile Justice school district, the student shall not be | 14 |
| permitted to attend
class in the
public school into which he or | 15 |
| she is transferring until the student has served
the entire | 16 |
| period of the suspension or expulsion imposed by the school | 17 |
| from
which the student is transferring, provided that the | 18 |
| school board may approve
the placement of the student in an | 19 |
| alternative school program established under
Article 13A of | 20 |
| this Code ; (iii) for transfers into a public school in the same | 21 |
| school district, a student who has been suspended shall not be | 22 |
| permitted to attend class in the public school into which he or | 23 |
| she is transferring until the student has served the entire | 24 |
| period of the suspension imposed by the school from which the | 25 |
| student is transferring, provided that the school board may | 26 |
| approve the placement of the student in an alternative school |
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| program established under Article 13A of this Code; and (iv) | 2 |
| for transfers into a public school in the same school district, | 3 |
| a student who has been expelled must be permitted to attend | 4 |
| class in the public school into which he or she is transferring | 5 |
| even though the student has not served the entire period of the | 6 |
| expulsion imposed by the school from which the student is | 7 |
| transferring .
A school district may adopt a policy providing | 8 |
| that if a student is
suspended or expelled for any reason from | 9 |
| any public or private school in
this or any other state, the | 10 |
| student must complete the entire term of the
suspension or | 11 |
| expulsion before being admitted into the school district.
This | 12 |
| policy may allow placement of the student in an alternative | 13 |
| school
program established under Article 13A of this Code, if | 14 |
| available, for the
remainder of
the suspension or expulsion.
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| Each public school
and each private or nonpublic elementary or | 16 |
| secondary school in this State
shall within 10 days after the | 17 |
| student has paid all of his or her
outstanding fines and fees | 18 |
| and at its own expense forward an official
transcript of the | 19 |
| scholastic records of each student transferring from that
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| school in strict accordance with the provisions of this Section | 21 |
| and the rules
established by the State Board of Education as | 22 |
| herein provided.
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| (b) The State Board of Education shall develop a one-page | 24 |
| standard form that
Illinois school districts are required to | 25 |
| provide to any student who is
moving out of
the school district | 26 |
| and that
contains the information about whether or not the
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| student is "in good standing" and whether or not his or her | 2 |
| medical records are
up-to-date and complete. As used in this | 3 |
| Section, "in good standing" means
that the student is not being | 4 |
| disciplined by a suspension or expulsion, but is
entitled to | 5 |
| attend classes. No school district is required to admit a new
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| student who is transferring from another Illinois school | 7 |
| district unless he
or she can produce the standard form from | 8 |
| the student's
previous school district enrollment.
No school | 9 |
| district is required to admit a new student who is transferring
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| from an out-of-state public school unless the parent or | 11 |
| guardian of the
student certifies in writing that the student | 12 |
| is not currently serving a
suspension or expulsion imposed by | 13 |
| the school from which the student is
transferring.
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| (c) The State Board of Education shall, by rule, establish | 15 |
| a system to provide for the accurate tracking of transfer | 16 |
| students. This system shall, at a minimum, require that a | 17 |
| student be counted as a dropout in the calculation of a | 18 |
| school's or school district's annual student dropout rate | 19 |
| unless the school or school district to which the student | 20 |
| transferred (known hereafter in this subsection (c) as the | 21 |
| transferee school or school district) sends notification to the | 22 |
| school or school district from which the student transferred | 23 |
| (known hereafter in this subsection (c) as the transferor | 24 |
| school or school district) documenting that the student has | 25 |
| enrolled in the transferee school or school district. This | 26 |
| notification must occur within 150 days after the date the |
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| student withdraws from the transferor school or school district | 2 |
| or the student shall be counted in the calculation of the | 3 |
| transferor school's or school district's annual student | 4 |
| dropout rate. A request by the transferee school or school | 5 |
| district to the transferor school or school district seeking | 6 |
| the student's academic transcripts or medical records shall be | 7 |
| considered without limitation adequate documentation of | 8 |
| enrollment. Each transferor school or school district shall | 9 |
| keep documentation of such transfer students for the minimum | 10 |
| period provided in the Illinois School Student Records Act. All | 11 |
| records indicating the school or school district to which a | 12 |
| student transferred are subject to the Illinois School Student | 13 |
| Records Act.
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| (Source: P.A. 93-859, eff. 1-1-05; 94-696, eff. 6-1-06 .)
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| (105 ILCS 5/10-21.3a)
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| Sec. 10-21.3a. Transfer of students.
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| (a) Each school board shall establish and
implement a
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| policy governing the transfer of a student from one attendance | 19 |
| center to
another within the
school district upon the request | 20 |
| of the student's parent or guardian. If a student has been | 21 |
| expelled from an attendance center, the school district must | 22 |
| permit the student to transfer to another attendance center | 23 |
| within the district for the remainder of the expulsion.
Any | 24 |
| request by a parent or guardian to transfer his or her child | 25 |
| from one
attendance
center to another
within the school |
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| district pursuant to Section 1116 of the federal Elementary
and
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| Secondary Education
Act of 1965 (20 U.S.C. Sec. 6317) must be | 3 |
| made no later than 30 days after the
parent or guardian
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| receives notice of the right to transfer pursuant to that law.
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| A
student may not transfer to any of the following attendance | 6 |
| centers, except by
change in
residence if the policy authorizes | 7 |
| enrollment based on residence in an
attendance area
or unless | 8 |
| approved by the board on an individual basis:
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| (1) An attendance center that exceeds or as a result of | 10 |
| the
transfer would
exceed its attendance capacity.
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| (2) An attendance center for which the board has | 12 |
| established
academic
criteria for enrollment if the | 13 |
| student does not meet the criteria, provided
that the | 14 |
| transfer must be permitted if the attendance center is the | 15 |
| only
attendance center serving the student's grade
that has | 16 |
| not been identified for school
improvement, corrective | 17 |
| action, or restructuring under Section
1116 of the federal | 18 |
| Elementary and Secondary Education Act of 1965 (20 U.S.C.
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| Sec. 6317).
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| (3) Any attendance center if the transfer would
prevent | 21 |
| the school district from meeting its obligations under a | 22 |
| State or
federal law,
court
order, or consent
decree
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| applicable to the school district.
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| (b) Each school board shall establish and implement a | 25 |
| policy governing the
transfer of students within a school | 26 |
| district from a persistently dangerous
school to another public |
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| school in that district that is not deemed to be
persistently | 2 |
| dangerous.
In order to be considered a persistently dangerous | 3 |
| school, the
school must meet all of the following criteria for | 4 |
| 2 consecutive years:
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| (1) Have greater than 3% of the students enrolled in | 6 |
| the school expelled
for violence-related conduct.
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| (2) Have one or more students expelled for bringing a | 8 |
| firearm to school as
defined in 18 U.S.C. 921.
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| (3) Have at least 3% of the students enrolled in the | 10 |
| school exercise the
individual option to transfer schools | 11 |
| pursuant to subsection (c) of this
Section.
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| (c) A student may transfer from one public school to
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| another public school in that district if the student is a | 14 |
| victim of a violent
crime as defined in Section 3 of the Rights | 15 |
| of Crime Victims and Witnesses Act.
The violent crime must have | 16 |
| occurred on school grounds during regular school
hours or | 17 |
| during a school-sponsored event.
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| (d) Transfers made pursuant to subsections (b) and (c) of | 19 |
| this Section shall
be made in compliance with the federal No | 20 |
| Child Left Behind Act of 2001 (Public
Law 107-110).
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| (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
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| (105 ILCS 5/34-18.24)
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| Sec. 34-18.24. Transfer of students.
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| (a) The board shall
establish and
implement a
policy | 25 |
| governing the transfer of a student from one attendance center |
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| to
another within the
school district upon the request of the | 2 |
| student's parent or guardian. If a student has been expelled | 3 |
| from an attendance center, the school district must permit the | 4 |
| student to transfer to another attendance center within the | 5 |
| district for the remainder of the expulsion.
Any request by a | 6 |
| parent or guardian to transfer his or her child from one
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| attendance
center to another
within the school district | 8 |
| pursuant to Section 1116 of the federal Elementary
and
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| Secondary Education
Act of 1965 (20 U.S.C. Sec. 6317) must be | 10 |
| made no later than 30 days after the
parent or guardian
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| receives notice of the right to transfer pursuant to that law.
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| A
student may not transfer to any of the following attendance | 13 |
| centers, except by
change in
residence if the policy authorizes | 14 |
| enrollment based on residence in an
attendance area
or unless | 15 |
| approved by the board on an individual basis:
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| (1) An attendance center that exceeds or as a result of | 17 |
| the
transfer would
exceed its attendance capacity.
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| (2) An attendance center for which the board has | 19 |
| established
academic
criteria for enrollment if the | 20 |
| student does not meet the criteria, provided
that the | 21 |
| transfer must be permitted if the attendance center is the | 22 |
| only
attendance center serving the student's grade
that has | 23 |
| not been identified for school
improvement, corrective | 24 |
| action, or restructuring under Section
1116 of the federal | 25 |
| Elementary and Secondary Education Act of 1965 (20 U.S.C.
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| Sec.
6317).
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LRB095 14182 NHT 40049 b |
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| (3) Any attendance center if the transfer would
prevent | 2 |
| the school district from meeting its obligations under a | 3 |
| State or
federal law,
court
order, or consent
decree
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| applicable to the school district.
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| (b) The board shall establish and implement a policy | 6 |
| governing the
transfer of students within the school district | 7 |
| from a persistently dangerous
attendance center to another | 8 |
| attendance center in that district that is not
deemed to be
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| persistently dangerous.
In order to be considered a | 10 |
| persistently dangerous attendance center, the
attendance | 11 |
| center must meet all of the following criteria for 2 | 12 |
| consecutive
years:
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| (1) Have greater than 3% of the students enrolled in | 14 |
| the attendance center
expelled for violence-related | 15 |
| conduct.
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| (2) Have one or more students expelled for bringing a | 17 |
| firearm to school
as defined in 18 U.S.C. 921.
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| (3) Have at least 3% of the students enrolled in the | 19 |
| attendance center
exercise the
individual option to | 20 |
| transfer attendance centers pursuant to subsection (c) of
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| this
Section.
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| (c) A student may transfer from one attendance center to
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| another attendance center within the district if the student is | 24 |
| a victim of a
violent
crime as defined in Section 3 of the | 25 |
| Rights of Crime Victims and Witnesses Act.
The violent crime | 26 |
| must have occurred on school grounds during regular school
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| hours or during a school-sponsored event.
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| (d) Transfers made pursuant to subsections (b) and (c) of | 3 |
| this Section shall
be made in compliance with the federal No | 4 |
| Child Left Behind Act of 2001 (Public
Law 107-110).
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| (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
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| Section 90. The State Mandates Act is amended by adding | 7 |
| Section 8.32 as follows: | 8 |
| (30 ILCS 805/8.32 new) | 9 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 |
| of this Act, no reimbursement by the State is required for the | 11 |
| implementation of any mandate created by this amendatory Act of | 12 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2008.
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