Full Text of HB4443 103rd General Assembly
HB4443 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4443 Introduced 1/16/2024, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: | | | Amends the School Safety Drill Act. Provides that a law enforcement lockdown drill must not be conducted on the day of or within 2 days before a school-administered standardized test. |
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| | A BILL FOR |
| | | | HB4443 | | LRB103 33377 RJT 63189 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Safety Drill Act is amended by | 5 | | changing Section 20 as follows: | 6 | | (105 ILCS 128/20) | 7 | | (Text of Section before amendment by P.A. 103-197 ) | 8 | | Sec. 20. Number of drills; incidents covered; local | 9 | | authority participation. | 10 | | (a) During each academic year, schools must conduct a | 11 | | minimum of 3 school evacuation drills to address and prepare | 12 | | students and school personnel for fire incidents. These drills | 13 | | must meet all of the following criteria: | 14 | | (1) One of the 3 school evacuation drills shall | 15 | | require the participation of the appropriate local fire | 16 | | department or district. | 17 | | (A) Each local fire department or fire district | 18 | | must contact the appropriate school administrator or | 19 | | his or her designee no later than September 1 of each | 20 | | year in order to arrange for the participation of the | 21 | | department or district in the school evacuation drill. | 22 | | (B) Each school administrator or his or her | 23 | | designee must contact the responding local fire |
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| 1 | | official no later than September 15 of each year and | 2 | | propose to the local fire official 4 dates within the | 3 | | month of October, during at least 2 different weeks of | 4 | | October, on which the drill shall occur. The fire | 5 | | official may choose any of the 4 available dates, and | 6 | | if he or she does so, the drill shall occur on that | 7 | | date. | 8 | | (C) The school administrator or his or her | 9 | | designee and the local fire official may also, by | 10 | | mutual agreement, set any other date for the drill, | 11 | | including a date outside of the month of October. | 12 | | (D) If the fire official does not select one of the | 13 | | 4 offered dates in October or set another date by | 14 | | mutual agreement, the requirement that the school | 15 | | include the local fire service in one of its mandatory | 16 | | school evacuation drills shall be waived. Schools, | 17 | | however, shall continue to be strongly encouraged to | 18 | | include the fire service in a school evacuation drill | 19 | | at a mutually agreed-upon time. | 20 | | (E) Upon the participation of the local fire | 21 | | service, the appropriate local fire official shall | 22 | | certify that the school evacuation drill was | 23 | | conducted. | 24 | | (F) When scheduling the school evacuation drill, | 25 | | the school administrator or his or her designee and | 26 | | the local fire department or fire district may, by |
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| 1 | | mutual agreement on or before September 14, choose to | 2 | | waive the provisions of subparagraphs (B), (C), and | 3 | | (D) of this paragraph (1). | 4 | | Additional school evacuation drills for fire incidents | 5 | | may involve the participation of the appropriate local | 6 | | fire department or district. | 7 | | (2) Schools may conduct additional school evacuation | 8 | | drills to account for other evacuation incidents, | 9 | | including without limitation suspicious items or bomb | 10 | | threats. | 11 | | (3) All drills shall be conducted at each school | 12 | | building that houses school children. | 13 | | (b) During each academic year, schools must conduct a | 14 | | minimum of one bus evacuation drill. This drill shall be | 15 | | accounted for in the curriculum in all public schools and in | 16 | | all other educational institutions in this State that are | 17 | | supported or maintained, in whole or in part, by public funds | 18 | | and that provide instruction in any of the grades kindergarten | 19 | | through 12. This curriculum shall include instruction in safe | 20 | | bus riding practices for all students. Schools may conduct | 21 | | additional bus evacuation drills. All drills shall be | 22 | | conducted at each school building that houses school children. | 23 | | (b-5) Notwithstanding the minimum requirements established | 24 | | by this Act, private schools that do not utilize a bus to | 25 | | transport students for any purpose are exempt from subsection | 26 | | (b) of this Section, provided that the chief school |
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| 1 | | administrator of the private school provides written assurance | 2 | | to the State Board of Education that the private school does | 3 | | not plan to utilize a bus to transport students for any purpose | 4 | | during the current academic year. The assurance must be made | 5 | | on a form supplied by the State Board of Education and filed no | 6 | | later than October 15. If a private school utilizes a bus to | 7 | | transport students for any purpose during an academic year | 8 | | when an assurance pursuant to this subsection (b-5) has been | 9 | | filed with the State Board of Education, the private school | 10 | | shall immediately notify the State Board of Education and | 11 | | comply with subsection (b) of this Section no later than 30 | 12 | | calendar days after utilization of the bus to transport | 13 | | students, except that, at the discretion of the private | 14 | | school, students chosen for participation in the bus | 15 | | evacuation drill need include only the subgroup of students | 16 | | that are utilizing bus transportation. | 17 | | (c) During each academic year, schools must conduct a law | 18 | | enforcement lockdown drill to address a school shooting | 19 | | incident. No later than 90 days after the first day of each | 20 | | school year, schools must conduct at least one law enforcement | 21 | | lockdown drill that addresses an active threat or an active | 22 | | shooter within a school building. Such drills must be | 23 | | conducted according to the school district's or private | 24 | | school's emergency and crisis response plans, protocols, and | 25 | | procedures to evaluate the preparedness of school personnel | 26 | | and students. Law enforcement lockdown drills must be |
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| 1 | | conducted on days and times when students are normally present | 2 | | in the school building and must involve participation from all | 3 | | school personnel and students present at school at the time of | 4 | | the lockdown drill, except that administrators or school | 5 | | support personnel in their discretion may exempt students from | 6 | | the lockdown drill. The appropriate local law enforcement | 7 | | agency shall observe the administration of the lockdown drill. | 8 | | All drills must be conducted at each school building that | 9 | | houses school children. | 10 | | (1) A law enforcement lockdown drill must meet all of | 11 | | the following criteria: | 12 | | (A) During each calendar year, the appropriate | 13 | | local law enforcement agency shall contact the | 14 | | appropriate school administrator to request to | 15 | | participate in a law enforcement lockdown drill. The | 16 | | school administrator and local law enforcement agency | 17 | | shall set, by mutual agreement, a date for the | 18 | | lockdown drill. | 19 | | (A-5) The lockdown drill shall require the on-site | 20 | | participation of the local law enforcement agency. If | 21 | | a mutually agreeable date cannot be reached between | 22 | | the school administrator and the appropriate local law | 23 | | enforcement agency, then the school shall still hold | 24 | | the lockdown drill without participation from the | 25 | | agency. | 26 | | (B) Upon the participation of a local law |
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| 1 | | enforcement agency in a law enforcement lockdown | 2 | | drill, the appropriate local law enforcement official | 3 | | shall certify that the law enforcement lockdown drill | 4 | | was conducted and notify the school in a timely manner | 5 | | of any deficiencies noted during the drill. | 6 | | (C) The lockdown drill must not include | 7 | | simulations that mimic an actual school shooting | 8 | | incident or active shooter event. | 9 | | (D) All lockdown drills must be announced in | 10 | | advance to all school personnel and students prior to | 11 | | the commencement of the drill. | 12 | | (E) Lockdown drill content must be age appropriate | 13 | | and developmentally appropriate. | 14 | | (F) Lockdown drills must include and involve | 15 | | school personnel, including school-based mental health | 16 | | professionals. | 17 | | (G) Lockdown drills must include trauma-informed | 18 | | approaches to address the concerns and well-being of | 19 | | students and school personnel. | 20 | | (H) The lockdown drill must not be conducted on | 21 | | the day of or within 2 days before a | 22 | | school-administered standardized test. | 23 | | (2) Schools may conduct additional law enforcement | 24 | | drills at their discretion. | 25 | | (3) (Blank). | 26 | | (4) School administrators and school support personnel |
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| 1 | | may, in their discretion, exempt a student or students | 2 | | from participating in a walk-through lockdown drill. | 3 | | (5) Schools must provide sufficient information and | 4 | | notification to parents and guardians in advance of any | 5 | | walk-through lockdown drill that involves the | 6 | | participation of students. Schools must also provide to | 7 | | parents and guardians an opportunity to exempt their child | 8 | | for any reason from participating in the walk-through | 9 | | lockdown drill. | 10 | | (6) Schools must provide alternative safety education | 11 | | and instruction related to an active threat or active | 12 | | shooter event to students who do not participate in a | 13 | | walk-through lockdown drill to provide them with essential | 14 | | information, training, and instruction through less | 15 | | sensorial safety training methods. | 16 | | (7) During the drill, students must be allowed to ask | 17 | | questions related to the drill. | 18 | | (8) Law enforcement may choose to run an active | 19 | | shooter simulation, including simulated gun fire drills, | 20 | | but only on school days when students are not present. | 21 | | Parental notification is not required for drills conducted | 22 | | pursuant to this paragraph (8) if students are not | 23 | | required to be present. | 24 | | (d) During each academic year, schools must conduct a | 25 | | minimum of one severe weather and shelter-in-place drill to | 26 | | address and prepare students and school personnel for possible |
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| 1 | | tornado incidents and may conduct additional severe weather | 2 | | and shelter-in-place drills to account for other incidents, | 3 | | including without limitation earthquakes or hazardous | 4 | | materials. All drills shall be conducted at each school | 5 | | building that houses school children. | 6 | | (Source: P.A. 102-395, eff. 8-16-21.) | 7 | | (Text of Section after amendment by P.A. 103-197 ) | 8 | | Sec. 20. Number of drills; incidents covered; local | 9 | | authority participation. | 10 | | (a) During each academic year, schools must conduct a | 11 | | minimum of 3 school evacuation drills to address and prepare | 12 | | students and school personnel for fire incidents. These drills | 13 | | must meet all of the following criteria: | 14 | | (1) One of the 3 school evacuation drills shall | 15 | | require the participation of the appropriate local fire | 16 | | department or district. | 17 | | (A) Each local fire department or fire district | 18 | | must contact the appropriate school administrator or | 19 | | his or her designee no later than September 1 of each | 20 | | year in order to arrange for the participation of the | 21 | | department or district in the school evacuation drill. | 22 | | (B) Each school administrator or his or her | 23 | | designee must contact the responding local fire | 24 | | official no later than September 15 of each year and | 25 | | propose to the local fire official 4 dates within the |
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| 1 | | month of October, during at least 2 different weeks of | 2 | | October, on which the drill shall occur. The fire | 3 | | official may choose any of the 4 available dates, and | 4 | | if he or she does so, the drill shall occur on that | 5 | | date. | 6 | | (C) The school administrator or his or her | 7 | | designee and the local fire official may also, by | 8 | | mutual agreement, set any other date for the drill, | 9 | | including a date outside of the month of October. | 10 | | (D) If the fire official does not select one of the | 11 | | 4 offered dates in October or set another date by | 12 | | mutual agreement, the requirement that the school | 13 | | include the local fire service in one of its mandatory | 14 | | school evacuation drills shall be waived. Schools, | 15 | | however, shall continue to be strongly encouraged to | 16 | | include the fire service in a school evacuation drill | 17 | | at a mutually agreed-upon time. | 18 | | (E) Upon the participation of the local fire | 19 | | service, the appropriate local fire official shall | 20 | | certify that the school evacuation drill was | 21 | | conducted. | 22 | | (F) When scheduling the school evacuation drill, | 23 | | the school administrator or his or her designee and | 24 | | the local fire department or fire district may, by | 25 | | mutual agreement on or before September 14, choose to | 26 | | waive the provisions of subparagraphs (B), (C), and |
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| 1 | | (D) of this paragraph (1). | 2 | | Additional school evacuation drills for fire incidents | 3 | | may involve the participation of the appropriate local | 4 | | fire department or district. | 5 | | (2) Schools may conduct additional school evacuation | 6 | | drills to account for other evacuation incidents, | 7 | | including without limitation suspicious items or bomb | 8 | | threats. | 9 | | (3) All drills shall be conducted at each school | 10 | | building that houses school children. | 11 | | (b) During each academic year, schools must conduct a | 12 | | minimum of one bus evacuation drill. This drill shall be | 13 | | accounted for in the curriculum in all public schools and in | 14 | | all other educational institutions in this State that are | 15 | | supported or maintained, in whole or in part, by public funds | 16 | | and that provide instruction in any of the grades kindergarten | 17 | | through 12. This curriculum shall include instruction in safe | 18 | | bus riding practices for all students. Schools may conduct | 19 | | additional bus evacuation drills. All drills shall be | 20 | | conducted at each school building that houses school children. | 21 | | (b-5) Notwithstanding the minimum requirements established | 22 | | by this Act, private schools that do not utilize a bus to | 23 | | transport students for any purpose are exempt from subsection | 24 | | (b) of this Section, provided that the chief school | 25 | | administrator of the private school provides written assurance | 26 | | to the State Board of Education that the private school does |
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| 1 | | not plan to utilize a bus to transport students for any purpose | 2 | | during the current academic year. The assurance must be made | 3 | | on a form supplied by the State Board of Education and filed no | 4 | | later than October 15. If a private school utilizes a bus to | 5 | | transport students for any purpose during an academic year | 6 | | when an assurance pursuant to this subsection (b-5) has been | 7 | | filed with the State Board of Education, the private school | 8 | | shall immediately notify the State Board of Education and | 9 | | comply with subsection (b) of this Section no later than 30 | 10 | | calendar days after utilization of the bus to transport | 11 | | students, except that, at the discretion of the private | 12 | | school, students chosen for participation in the bus | 13 | | evacuation drill need include only the subgroup of students | 14 | | that are utilizing bus transportation. | 15 | | (c) During each academic year, schools must conduct a law | 16 | | enforcement lockdown drill to address a school shooting | 17 | | incident. No later than 90 days after the first day of each | 18 | | school year, schools must conduct at least one law enforcement | 19 | | lockdown drill that addresses an active threat or an active | 20 | | shooter within a school building. Such drills must be | 21 | | conducted according to the school district's or private | 22 | | school's emergency and crisis response plans, protocols, and | 23 | | procedures to evaluate the preparedness of school personnel | 24 | | and students. Law enforcement lockdown drills must be | 25 | | conducted on days and times when students are normally present | 26 | | in the school building and must involve participation from all |
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| 1 | | school personnel and students present at school at the time of | 2 | | the lockdown drill, except that administrators or school | 3 | | support personnel in their discretion may exempt students from | 4 | | the lockdown drill. The appropriate local law enforcement | 5 | | agency shall observe the administration of the lockdown drill. | 6 | | All drills must be conducted at each school building that | 7 | | houses school children. | 8 | | (1) A law enforcement lockdown drill must meet all of | 9 | | the following criteria: | 10 | | (A) During each calendar year, the appropriate | 11 | | local law enforcement agency shall contact the | 12 | | appropriate school administrator to request to | 13 | | participate in a law enforcement lockdown drill. The | 14 | | school administrator and local law enforcement agency | 15 | | shall set, by mutual agreement, a date for the | 16 | | lockdown drill. | 17 | | (A-5) The lockdown drill shall require the on-site | 18 | | participation of the local law enforcement agency. If | 19 | | a mutually agreeable date cannot be reached between | 20 | | the school administrator and the appropriate local law | 21 | | enforcement agency, then the school shall still hold | 22 | | the lockdown drill without participation from the | 23 | | agency. | 24 | | (B) Upon the participation of a local law | 25 | | enforcement agency in a law enforcement lockdown | 26 | | drill, the appropriate local law enforcement official |
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| 1 | | shall certify that the law enforcement lockdown drill | 2 | | was conducted and notify the school in a timely manner | 3 | | of any deficiencies noted during the drill. | 4 | | (C) The lockdown drill must not include | 5 | | simulations that mimic an actual school shooting | 6 | | incident or active shooter event. | 7 | | (D) All lockdown drills must be announced in | 8 | | advance to all school personnel and students prior to | 9 | | the commencement of the drill. | 10 | | (E) Lockdown drill content must be age appropriate | 11 | | and developmentally appropriate. | 12 | | (F) Lockdown drills must include and involve | 13 | | school personnel, including school-based mental health | 14 | | professionals. | 15 | | (G) Lockdown drills must include trauma-informed | 16 | | approaches to address the concerns and well-being of | 17 | | students and school personnel. | 18 | | (H) The lockdown drill must not be conducted on | 19 | | the day of or within 2 days before a | 20 | | school-administered standardized test. | 21 | | (2) Schools may conduct additional law enforcement | 22 | | drills at their discretion. | 23 | | (3) (Blank). | 24 | | (4) School administrators and school support personnel | 25 | | may, in their discretion, exempt a student or students | 26 | | from participating in a walk-through lockdown drill. When |
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| 1 | | deciding whether to exempt a student from participating in | 2 | | a walk-through lockdown drill, the administrator and | 3 | | school support personnel shall include the student's | 4 | | individualized education program team or federal Section | 5 | | 504 plan team in the decision to exempt the student from | 6 | | participating. | 7 | | (5) Schools must provide sufficient information and | 8 | | notification to parents and guardians in advance of any | 9 | | walk-through lockdown drill that involves the | 10 | | participation of students. Schools must also provide to | 11 | | parents and guardians an opportunity to exempt their child | 12 | | for any reason from participating in the walk-through | 13 | | lockdown drill. | 14 | | (6) Schools must provide alternative safety education | 15 | | and instruction related to an active threat or active | 16 | | shooter event to students who do not participate in a | 17 | | walk-through lockdown drill to provide them with essential | 18 | | information, training, and instruction through less | 19 | | sensorial safety training methods. | 20 | | (7) During the drill, students must be allowed to ask | 21 | | questions related to the drill. | 22 | | (8) Law enforcement may choose to run an active | 23 | | shooter simulation, including simulated gun fire drills, | 24 | | but only on school days when students are not present. | 25 | | Parental notification is not required for drills conducted | 26 | | pursuant to this paragraph (8) if students are not |
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| 1 | | required to be present. | 2 | | (d) During each academic year, schools must conduct a | 3 | | minimum of one severe weather and shelter-in-place drill to | 4 | | address and prepare students and school personnel for possible | 5 | | tornado incidents and may conduct additional severe weather | 6 | | and shelter-in-place drills to account for other incidents, | 7 | | including without limitation earthquakes or hazardous | 8 | | materials. All drills shall be conducted at each school | 9 | | building that houses school children. | 10 | | (Source: P.A. 102-395, eff. 8-16-21; 103-197, eff. 1-1-24.) | 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act. |
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