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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0265 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| New Act | | 105 ILCS 5/10-17a | from Ch. 122, par. 10-17a | 105 ILCS 5/34-18.24 | |
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Creates the Lead in Schools Reporting Act. Provides that on an annual basis the Department of Public Health, in coordination with local departments of public health serving the City of Chicago, shall conduct specified lead testing at public school facilities within the City. Provides that the results from such testing shall be transmitted to the State Board of Education. Provides that the Department shall notify the Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that school report cards for cities with populations in excess of 500,000 shall include lead testing results and that students in such districts may transfer from one attendance center to another attendance center in that district if any lead levels at his or her current attendance center meets a level that the Department deems unsafe. Makes other changes to provisions concerning transfers to specified attendance centers.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Lead |
5 | | in Schools Reporting Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Department" means the Department of Public Health. |
8 | | "Lead inspector" means an individual who has been trained |
9 | | by a Department-approved training program and is licensed by |
10 | | the Department to conduct lead inspections; to sample for the |
11 | | presence of lead in paint, dust, soil, and water; and to |
12 | | conduct compliance investigations.
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13 | | Section 10. Lead testing and reporting. On an annual basis, |
14 | | the Department of Public Health, in coordination with local |
15 | | departments of public health serving the City of Chicago, shall |
16 | | employ lead inspectors to test all public school facilities |
17 | | within the City of Chicago for the presence of lead in paint, |
18 | | dust, soil, and water. The results of this lead testing shall |
19 | | be transmitted to the State Board of Education for the purpose |
20 | | of inclusion in school report cards. The Department shall |
21 | | notify the State Board of Education if a lead level detected in |
22 | | the paint, dust, soil, or water at a public school facility in |
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1 | | the City of Chicago meets a level that the Department deems |
2 | | unsafe, including, but not limited to, the current State or |
3 | | federal action levels for lead in drinking water at the time |
4 | | results are transmitted by the Department to the State Board of |
5 | | Education. |
6 | | Section 15. The School Code is amended by changing Sections |
7 | | 10-17a and 34-18.24 as follows:
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8 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
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9 | | Sec. 10-17a. State, school district, and school report |
10 | | cards.
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11 | | (1) By October 31, 2013 and October 31 of each subsequent |
12 | | school year, the State Board of Education, through the State |
13 | | Superintendent of Education, shall prepare a State report card, |
14 | | school district report cards, and school report cards, and |
15 | | shall by the most economic means provide to each school
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16 | | district in this State, including special charter districts and |
17 | | districts
subject to the provisions of Article 34, the report |
18 | | cards for the school district and each of its schools. |
19 | | (2) In addition to any information required by federal law, |
20 | | the State Superintendent shall determine the indicators and |
21 | | presentation of the school report card, which must include, at |
22 | | a minimum, the most current data possessed by the State Board |
23 | | of Education related to the following: |
24 | | (A) school characteristics and student demographics, |
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1 | | including average class size, average teaching experience, |
2 | | student racial/ethnic breakdown, and the percentage of |
3 | | students classified as low-income; the percentage of |
4 | | students classified as English learners; the percentage of |
5 | | students who have individualized education plans or 504 |
6 | | plans that provide for special education services; the |
7 | | percentage of students who annually transferred in or out |
8 | | of the school district; the per-pupil operating |
9 | | expenditure of the school district; and the per-pupil State |
10 | | average operating expenditure for the district type |
11 | | (elementary, high school, or unit); |
12 | | (B) curriculum information, including, where |
13 | | applicable, Advanced Placement, International |
14 | | Baccalaureate or equivalent courses, dual enrollment |
15 | | courses, foreign language classes, school personnel |
16 | | resources (including Career Technical Education teachers), |
17 | | before and after school programs, extracurricular |
18 | | activities, subjects in which elective classes are |
19 | | offered, health and wellness initiatives (including the |
20 | | average number of days of Physical Education per week per |
21 | | student), approved programs of study, awards received, |
22 | | community partnerships, and special programs such as |
23 | | programming for the gifted and talented, students with |
24 | | disabilities, and work-study students; |
25 | | (C) student outcomes, including, where applicable, the |
26 | | percentage of students deemed proficient on assessments of |
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1 | | State standards, the percentage of students in the eighth |
2 | | grade who pass Algebra, the percentage of students enrolled |
3 | | in post-secondary institutions (including colleges, |
4 | | universities, community colleges, trade/vocational |
5 | | schools, and training programs leading to career |
6 | | certification within 2 semesters of high school |
7 | | graduation), the percentage of students graduating from |
8 | | high school who are college and career ready, and the |
9 | | percentage of graduates enrolled in community colleges, |
10 | | colleges, and universities who are in one or more courses |
11 | | that the community college, college, or university |
12 | | identifies as a developmental course; |
13 | | (D) student progress, including, where applicable, the |
14 | | percentage of students in the ninth grade who have earned 5 |
15 | | credits or more without failing more than one core class, a |
16 | | measure of students entering kindergarten ready to learn, a |
17 | | measure of growth, and the percentage of students who enter |
18 | | high school on track for college and career readiness; |
19 | | (E) the school environment, including, where |
20 | | applicable, the percentage of students with less than 10 |
21 | | absences in a school year, the percentage of teachers with |
22 | | less than 10 absences in a school year for reasons other |
23 | | than professional development, leaves taken pursuant to |
24 | | the federal Family Medical Leave Act of 1993, long-term |
25 | | disability, or parental leaves, the 3-year average of the |
26 | | percentage of teachers returning to the school from the |
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1 | | previous year, the number of different principals at the |
2 | | school in the last 6 years, 2 or more indicators from any |
3 | | school climate survey selected or approved by the State and |
4 | | administered pursuant to Section 2-3.153 of this Code, with |
5 | | the same or similar indicators included on school report |
6 | | cards for all surveys selected or approved by the State |
7 | | pursuant to Section 2-3.153 of this Code, and the combined |
8 | | percentage of teachers rated as proficient or excellent in |
9 | | their most recent evaluation; and |
10 | | (F) a school district's and its individual schools' |
11 | | balanced accountability measure, in accordance with |
12 | | Section 2-3.25a of this Code ; and . |
13 | | (G) for a school district organized under Article 34 of |
14 | | this Code, the lead levels at each individual school as |
15 | | reported to the State Board of Education under the Lead in |
16 | | Schools Reporting Act, including whether any lead levels |
17 | | meet a level the Department of Public Health deems unsafe. |
18 | | The school report card shall also provide
information that |
19 | | allows for comparing the current outcome, progress, and |
20 | | environment data to the State average, to the school data from |
21 | | the past 5 years, and to the outcomes, progress, and |
22 | | environment of similar schools based on the type of school and |
23 | | enrollment of low-income students, special education students, |
24 | | and English learners.
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25 | | (3) At the discretion of the State Superintendent, the |
26 | | school district report card shall include a subset of the |
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1 | | information identified in paragraphs (A) through (E) of |
2 | | subsection (2) of this Section, as well as information relating |
3 | | to the operating expense per pupil and other finances of the |
4 | | school district, and the State report card shall include a |
5 | | subset of the information identified in paragraphs (A) through |
6 | | (E) of subsection (2) of this Section. |
7 | | (4) Notwithstanding anything to the contrary in this |
8 | | Section, in consultation with key education stakeholders, the |
9 | | State Superintendent shall at any time have the discretion to |
10 | | amend or update any and all metrics on the school, district, or |
11 | | State report card. |
12 | | (5) Annually, no more than 30 calendar days after receipt |
13 | | of the school district and school report cards from the State |
14 | | Superintendent of Education, each school district, including |
15 | | special charter districts and districts subject to the |
16 | | provisions of Article 34, shall present such report
cards at a |
17 | | regular school board meeting subject to
applicable notice |
18 | | requirements, post the report cards
on the
school district's |
19 | | Internet web site, if the district maintains an Internet web
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20 | | site, make the report cards
available
to a newspaper of general |
21 | | circulation serving the district, and, upon
request, send the |
22 | | report cards
home to a parent (unless the district does not |
23 | | maintain an Internet web site,
in which case
the report card |
24 | | shall be sent home to parents without request). If the
district |
25 | | posts the report card on its Internet web
site, the district
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26 | | shall send a
written notice home to parents stating (i) that |
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1 | | the report card is available on
the web site,
(ii) the address |
2 | | of the web site, (iii) that a printed copy of the report card
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3 | | will be sent to
parents upon request, and (iv) the telephone |
4 | | number that parents may
call to
request a printed copy of the |
5 | | report card.
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6 | | (6) Nothing contained in this amendatory Act of the 98th |
7 | | General Assembly repeals, supersedes, invalidates, or |
8 | | nullifies final decisions in lawsuits pending on the effective |
9 | | date of this amendatory Act of the 98th General Assembly in |
10 | | Illinois courts involving the interpretation of Public Act |
11 | | 97-8. |
12 | | (Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, |
13 | | eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
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14 | | (105 ILCS 5/34-18.24)
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15 | | Sec. 34-18.24. Transfer of students.
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16 | | (a) The board shall
establish and
implement a
policy |
17 | | governing the transfer of a student from one attendance center |
18 | | to
another within the
school district upon the request of the |
19 | | student's parent or guardian.
Any request by a parent or |
20 | | guardian to transfer his or her child from one
attendance
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21 | | center to another
within the school district pursuant to |
22 | | Section 1116 of the federal Elementary
and
Secondary Education
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23 | | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 |
24 | | days after the
parent or guardian
receives notice of the right |
25 | | to transfer pursuant to that law.
A
student may not transfer to |
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1 | | any of the following attendance centers, except by
change in
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2 | | residence if the policy authorizes enrollment based on |
3 | | residence in an
attendance area , if subsection (e) applies,
or |
4 | | unless approved by the board on an individual basis:
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5 | | (1) An attendance center that exceeds or as a result of |
6 | | the
transfer would
exceed its attendance capacity.
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7 | | (2) An attendance center for which the board has |
8 | | established
academic
criteria for enrollment in compliance |
9 | | with the federal Every Student Succeeds Act or the federal |
10 | | Individuals with Disabilities Education Act if the student |
11 | | does not meet the criteria, provided
that the transfer must |
12 | | be permitted if the attendance center is the only
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13 | | attendance center serving the student's grade
that has not |
14 | | been identified for school
improvement, corrective action, |
15 | | or restructuring under Section
1116 of the federal |
16 | | Elementary and Secondary Education Act of 1965 (20 U.S.C.
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17 | | Sec.
6317).
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18 | | (3) Any attendance center if the transfer would
prevent |
19 | | the school district from meeting its obligations under a |
20 | | State or
federal law,
including the federal Individuals |
21 | | with Disabilities Education Act; court
order ; , or consent
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22 | | decree
applicable to the school district.
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23 | | (b) The board shall establish and implement a policy |
24 | | governing the
transfer of students within the school district |
25 | | from a persistently dangerous
attendance center to another |
26 | | attendance center in that district that is not
deemed to be
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1 | | persistently dangerous.
In order to be considered a |
2 | | persistently dangerous attendance center, the
attendance |
3 | | center must meet all of the following criteria for 2 |
4 | | consecutive
years:
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5 | | (1) Have greater than 3% of the students enrolled in |
6 | | the attendance center
expelled for violence-related |
7 | | conduct.
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8 | | (2) Have one or more students expelled for bringing a |
9 | | firearm to school
as defined in 18 U.S.C. 921.
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10 | | (3) Have at least 3% of the students enrolled in the |
11 | | attendance center
exercise the
individual option to |
12 | | transfer attendance centers pursuant to subsection (c) of
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13 | | this
Section.
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14 | | (c) A student may transfer from one attendance center to
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15 | | another attendance center within the district if the student is |
16 | | a victim of a
violent
crime as defined in Section 3 of the |
17 | | Rights of Crime Victims and Witnesses Act.
The violent crime |
18 | | must have occurred on school grounds during regular school
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19 | | hours or during a school-sponsored event.
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20 | | (d) Transfers made pursuant to subsections (b) and (c) of |
21 | | this Section shall
be made in compliance with the federal No |
22 | | Child Left Behind Act of 2001 (Public
Law 107-110).
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23 | | (e) A student may transfer from one attendance center to
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24 | | another attendance center within or outside of the district if |
25 | | any lead levels at his or her current attendance center meet a |
26 | | level the Department of Public Health deems unsafe. |