State of Illinois
91st General Assembly
Legislation

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91_HB0878enr

 
HB0878 Enrolled                                LRB9104956NTsb

 1        AN ACT concerning school safety, amending named Acts.

 2        WHEREAS, The Children of Illinois should be  learning  in
 3    school  environments that are safe and free of harm or threat
 4    of harm; and

 5        WHEREAS,  Schools  are  responsible  for  creating   safe
 6    learning environments for children; and

 7        WHEREAS, Schools can play an essential role in preventing
 8    and  intervening  to  stop violence in the lives of children;
 9    and

10        WHEREAS, Many schools need resources to implement  safety
11    and violence prevention measures; therefore

12        Be  it  enacted  by  the People of the State of Illinois,
13    represented in the General Assembly:

14        Section 5.   The  School  Code  is  amended  by  changing
15    Sections  3-11,  10-21.7,  and  10-27.1A  and adding Sections
16    2-3.126, 10-20.31, 10-27.1B, 22-26, and 34-18.18 as follows:

17        (105 ILCS 5/2-3.126 new)
18        Sec. 2-3.126.  School safety assessment audit.  The State
19    Board of Education shall, in cooperation with the Task  Force
20    on School Safety and utilizing any of its manuals or resource
21    guides,  develop uniform criteria to be implemented in school
22    safety plans.  Using  these  criteria,  the  State  Board  of
23    Education  shall  develop  a  school safety assessment audit,
24    which shall  be distributed to all public schools.

25        (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
26        Sec. 3-11.  Institutes or inservice  training  workshops.
27    In  counties of less than 2,000,000 inhabitants, the regional
28    superintendent may arrange for or conduct district, regional,
 
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 1    or county institutes, or equivalent professional  educational
 2    experiences,  not more than 4 days annually. Of those 4 days,
 3    2 days may be used as a teacher's workshop, when approved  by
 4    the  regional  superintendent,  up  to 2 days may be used for
 5    conducting parent-teacher conferences or up to 2 days may  be
 6    utilized  as  parental  institute days as provided in Section
 7    10-22.18d. A school district may use one of its  4  institute
 8    days  on  the  last  day  of the school term.  "Institute" or
 9    "Professional educational experiences" means any  educational
10    gathering,   demonstration   of   methods   of   instruction,
11    visitation of schools or other institutions or facilities, or
12    sexual  abuse  and  sexual  assault awareness seminar held or
13    approved by the regional superintendent and declared  by  him
14    to  be  an institute day, or parent-teacher conferences. With
15    the concurrence of the State Superintendent of Education, he
16    or she may employ such assistance as is necessary to  conduct
17    the  institute.   Two  or more adjoining counties may jointly
18    hold an institute.  Institute instruction shall  be  free  to
19    holders  of  certificates  good  in  the  county  or counties
20    holding  the  institute,  and  to  those  who  have  paid  an
21    examination fee and failed to receive a certificate.
22        In  counties  of  2,000,000  or  more  inhabitants,   the
23    regional  superintendent may arrange for or conduct district,
24    regional,  or  county  inservice   training   workshops,   or
25    equivalent  professional  educational  experiences,  not more
26    than 4 days annually. Of those 4 days, 2 days may be used for
27    conducting parent-teacher conferences and up to 2 days may be
28    utilized as parental institute days as  provided  in  Section
29    10-22.18d.  A  school district may use one of those 4 days on
30    the  last  day  of  the  school  term.   "Inservice  Training
31    Workshops" or "Professional  educational  experiences"  means
32    any   educational  gathering,  demonstration  of  methods  of
33    instruction, visitation of schools or other  institutions  or
34    facilities,  or  sexual  abuse  and  sexual assault awareness
 
HB0878 Enrolled            -3-                 LRB9104956NTsb
 1    seminar held or approved by the regional  superintendent  and
 2    declared  by  him  to  be  an inservice training workshop, or
 3    parent-teacher conferences.   With  the  concurrence  of  the
 4    State   Superintendent  of  Education,  he  may  employ  such
 5    assistance as is necessary to conduct the inservice  training
 6    workshop.   With the approval of the regional superintendent,
 7    2 or more adjoining districts may jointly hold  an  inservice
 8    training  workshop.  In  addition,  with  the approval of the
 9    regional superintendent, one district  may  conduct  its  own
10    inservice  training  workshop with subject matter consultants
11    requested from the county, State or any State institution  of
12    higher learning.
13        Such  teachers  institutes as referred to in this Section
14    may be held on consecutive or separate days at the option  of
15    the regional superintendent having jurisdiction thereof.
16        Whenever  reference  is  made  in  this  Act to "teachers
17    institute", it shall be construed to  include  the  inservice
18    training  workshops  or  equivalent  professional educational
19    experiences provided for in this Section.
20        Any institute advisory committee  existing  on  April  1,
21    1995, is dissolved and the duties and responsibilities of the
22    institute  advisory  committee  are  assumed  by the regional
23    office of education advisory board.
24        Districts providing  inservice  training  programs  shall
25    constitute  inservice  committees,  1/2  of  which  shall  be
26    teachers, 1/4 school service personnel and 1/4 administrators
27    to establish program content and schedules.
28        The  teachers  institutes  shall include teacher training
29    committed to peer counseling programs and other anti-violence
30    and   conflict   resolution   programs,   including   without
31    limitation programs for  preventing  at  risk  students  from
32    committing violent acts.
33    (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
 
HB0878 Enrolled            -4-                 LRB9104956NTsb
 1        (105 ILCS 5/10-20.31 new)
 2        Sec.  10-20.31.   School  safety assessment audit; safety
 3    plan.  The school board shall require schools, subject to the
 4    award of a grant by the State Board of Education, to complete
 5    a school safety assessment audit, as developed by  the  State
 6    Board  of  Education  pursuant  to  Section  2-3.126,  and to
 7    develop a written safety plan or revise their current  safety
 8    plan  to  implement the criteria developed by the State Board
 9    of Education, in cooperation with the Task  Force  on  School
10    Safety,  as  specified in the school safety assessment audit.
11    The plan shall be subject to approval by  the  school  board.
12    Once  approved, the school shall file the plan with the State
13    Board  of  Education  and  the  regional  superintendent   of
14    schools.  The State Board of Education shall provide, subject
15    to appropriation, grants for the purposes of this Section.


16        (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
17        Sec. 10-21.7.  Attacks on school personnel.
18        (a)  In the Section, "school" means any public or private
19    elementary or secondary school.
20        (b)  Upon receipt of a written complaint from any  school
21    personnel,   the   superintendent,   or   other   appropriate
22    administrative officer for a private school, shall report all
23    incidents  of  battery  committed  against  teachers, teacher
24    personnel, administrative personnel  or  educational  support
25    personnel   to   the   local   law   enforcement  authorities
26    immediately no later than 24 hours after  the  occurrence  of
27    the  attack  and to the Department of State Police's Illinois
28    Uniform Crime Reporting Program no later than  3  days  after
29    the  occurrence  of the attack.  The State Board of Education
30    shall  receive  monthly  as  well   as   annual   statistical
31    compilations   of   attacks  on  school  personnel  from  the
32    Department of State Police through the Illinois Uniform Crime
 
HB0878 Enrolled            -5-                 LRB9104956NTsb
 1    Reporting Program. The State Board of Education shall compile
 2    this information by school district and make it available  to
 3    the public.
 4    (Source: P.A. 85-1420.)

 5        (105 ILCS 5/10-27.1A)
 6        Sec. 10-27.1A.  Reporting Firearms in schools.
 7        (a)  All  school  officials, including teachers, guidance
 8    counselors, and support staff, shall immediately  notify  the
 9    office  of  the  principal in the event that they observe any
10    person in possession of a firearm on school grounds; provided
11    that taking such immediate action to notify the office of the
12    principal would not immediately endanger the health,  safety,
13    or  welfare  of students who are under the direct supervision
14    of the school  official  or  the  school  official.   If  the
15    health,  safety,  or  welfare  of  students  under the direct
16    supervision of the school official or of the school  official
17    is  immediately  endangered, the school official shall notify
18    the office of the principal as soon as the students under his
19    or her  supervision  and  he  or  she  are  no  longer  under
20    immediate  danger.   A report is not required by this Section
21    when the school official knows that the person in  possession
22    of  the  firearm is a law enforcement official engaged in the
23    conduct of his or her official duties.  Any  school  official
24    acting  in  good  faith  who  makes  such a report under this
25    Section shall  have  immunity  from  any  civil  or  criminal
26    liability  that  might  otherwise  be incurred as a result of
27    making the report.   The  identity  of  the  school  official
28    making such report shall not be disclosed except as expressly
29    and  specifically authorized by law.  Knowingly and willfully
30    failing to comply with this Section is a  petty  offense.   A
31    second or subsequent offense is a Class C misdemeanor.
32        (b)  Upon  receiving  a  report  from any school official
33    pursuant to this Section,  or  from  any  other  person,  the
 
HB0878 Enrolled            -6-                 LRB9104956NTsb
 1    principal  or  his or her designee shall immediately notify a
 2    local law enforcement agency.  If the person found to  be  in
 3    possession  of  a firearm on school grounds is a student, the
 4    principal or his  or  her  designee  shall  also  immediately
 5    notify  that  student's  parent or guardian. Any principal or
 6    his or her designee acting  in  good  faith  who  makes  such
 7    reports under this Section shall have immunity from any civil
 8    or  criminal  liability  that  might otherwise be incurred or
 9    imposed as a result of making  the  reports.   Knowingly  and
10    willfully  failing  to  comply  with  this Section is a petty
11    offense.  A  second  or  subsequent  offense  is  a  Class  C
12    misdemeanor.  If  the person found to be in possession of the
13    firearm on school grounds is a  minor,  the  law  enforcement
14    agency  shall detain that minor until such time as the agency
15    makes a determination pursuant to clause  (a)  of  subsection
16    (1) of Section 5-401 of the Juvenile Court Act of 1987, as to
17    whether  the  agency  reasonably  believes  that the minor is
18    delinquent.  If the law enforcement  agency  determines  that
19    probable  cause  exists to believe that the minor committed a
20    violation of item (4) of subsection (a) of  Section  24-1  of
21    the Criminal Code of 1961 while on school grounds, the agency
22    shall  detain  the  minor  for processing pursuant to Section
23    5-407 of the Juvenile Court Act of 1987.
24        (c)  On or after January 1, 1997,  upon  receipt  of  any
25    written,   electronic,  or  verbal  report  from  any  school
26    personnel regarding a verified incident involving  a  firearm
27    in  a school or on school owned or leased property, including
28    any conveyance owned, leased, or used by the school  for  the
29    transport of students or school personnel, the superintendent
30    or  his or her designee shall report all such firearm-related
31    incidents occurring in a school or on school property to  the
32    local  law  enforcement authorities immediately no later than
33    24 hours after the occurrence of  the  incident  and  to  the
34    Department  of  State Police in a form, manner, and frequency
 
HB0878 Enrolled            -7-                 LRB9104956NTsb
 1    as prescribed by the Department of State Police.
 2        The State Board of  Education  shall  receive  an  annual
 3    statistical  compilation  and  related  data  associated with
 4    incidents involving firearms in schools from  the  Department
 5    of  State Police.  The State Board of Education shall compile
 6    this information by school district and make it available  to
 7    the public.
 8        (d)  As  used  in  this Section, the term "firearm" shall
 9    have the meaning ascribed to it in Section 1.1 of the Firearm
10    Owners Identification Card Act.
11        As used in this Section,  the  term  "school"  means  any
12    public or private elementary or secondary school.
13        As  used  in  this  Section,  the  term  "school grounds"
14    includes  the  real  property  comprising  any  school,   any
15    conveyance  owned,  leased,  or  contracted  by  a  school to
16    transport students to or  from  school  or  a  school-related
17    activity,  or  any  public  way within 1,000 feet of the real
18    property comprising any school.
19    (Source: P.A. 89-498, eff. 6-27-96.)

20        (105 ILCS 5/10-27.1B new)
21        Sec.  10-27.1B.   Reporting  drug-related  incidents   in
22    schools.
23        (a)  In this Section:
24        "Drug"  means  "cannabis" as defined under subsection (a)
25    of Section 3 of the Cannabis Control Act or  "narcotic  drug"
26    as  defined  under  subsection  (aa)  of  Section  102 of the
27    Illinois Controlled Substances Act.
28        "School"  means  any  public  or  private  elementary  or
29    secondary school.
30        (b)  Upon receipt of any written, electronic,  or  verbal
31    report   from  any  school  personnel  regarding  a  verified
32    incident involving drugs in a school or on  school  owned  or
33    leased  property,  including any conveyance owned, leased, or
 
HB0878 Enrolled            -8-                 LRB9104956NTsb
 1    used by the school for the transport of  students  or  school
 2    personnel,  the  superintendent  or  his  or her designee, or
 3    other  appropriate  administrative  officer  for  a   private
 4    school,   shall   report   all  such  drug-related  incidents
 5    occurring in a school or on school property to the local  law
 6    enforcement  authorities immediately and to the Department of
 7    State Police in a form, manner, and frequency  as  prescribed
 8    by the Department of State Police.
 9        (c)  The State Board of Education shall receive an annual
10    statistical  compilation  and  related  data  associated with
11    drug-related incidents in  schools  from  the  Department  of
12    State  Police.   The  State  Board of Education shall compile
13    this information by school district and make it available  to
14    the public.

15        (105 ILCS 5/22-26 new)
16        Sec. 22-26.  Task Force on School Safety.
17        (a)  The  Task  Force on School Safety is hereby created.
18    The Task Force shall consist of the following members:
19             (1)  Two members of  the  Senate  appointed  by  the
20        President  of  the  Senate  and  one member of the Senate
21        appointed by the Minority Leader of the Senate.
22             (2)  Two members of  the  House  of  Representatives
23        appointed  by  the Speaker of the House and one member of
24        the House of Representatives appointed  by  the  Minority
25        Leader of the House.
26             (3)  Two   regional   superintendents   of   schools
27        appointed by the State Superintendent of Education.
28             (4)  One  teacher  who  is  a member of the Illinois
29        Federation  of   Teachers,   appointed   by   the   State
30        Superintendent of Education.
31             (5)  One  teacher  who  is  a member of the Illinois
32        Education   Association,   appointed   by    the    State
33        Superintendent of Education.
 
HB0878 Enrolled            -9-                 LRB9104956NTsb
 1             (6)  One    member   of   the   Illinois   Sheriffs'
 2        Association appointed by the Governor.
 3             (7)  One member of the State's Attorneys Association
 4        appointed by the Governor.
 5             (8)  One member of  the  Illinois  Public  Defenders
 6        Association appointed by the Governor.
 7             (9)  One  member of the Illinois Violence Prevention
 8        Authority.
 9             (10)  One member appointed by the Governor.
10             (11)  One  member   of   the   Illinois   Principals
11        Association   appointed   by   the   Illinois  Principals
12        Association.
13             (12)  Two  superintendents   of   school   districts
14        appointed by the State Superintendent of Education.
15             (13)  One  member  of  the  Office  of  the Illinois
16        Attorney General appointed by the Attorney General.
17        The Task Force shall meet initially at the  call  of  the
18    Speaker  of  the House and the President of the Senate, shall
19    select one member as chairperson at its initial meeting,  and
20    shall thereafter meet at the call of the chairperson.
21        (b)  The  Task Force shall identify and review all school
22    safety programs offered by schools  and  State  agencies  and
23    make   recommendations   of  successful  programs,  including
24    without  limitation   peer   mediation,   and   shall   study
25    alternative  education  programs  and  their  current status,
26    waiting lists, and capital needs.  The Task Force  shall,  in
27    cooperation  with  the  State  Board  of  Education,  develop
28    uniform  criteria  to  be implemented in school safety plans.
29    The  Task  Force  shall  also  make  recommendations  on  the
30    streamlining,  centralization,  and  coordination  of  school
31    safety resources and programs offered  by  various  entities,
32    agencies,  and  governmental  units.   The  Task  Force shall
33    submit a report on its findings and  recommendations  to  the
34    General Assembly and the Governor by January 1, 2000.
 
HB0878 Enrolled            -10-                LRB9104956NTsb
 1        (c)  This Section is repealed on January 2, 2000.

 2        (105 ILCS 5/34-18.18 new)
 3        Sec.  34-18.18.   School  safety assessment audit; safety
 4    plan.  The board of education shall require schools,  subject
 5    to  the  award of a grant by the State Board of Education, to
 6    complete a school safety assessment audit,  as  developed  by
 7    the State Board of Education pursuant to Section 2-3.126, and
 8    to  develop  a  written  safety  plan or revise their current
 9    safety plan to implement the criteria developed by the  State
10    Board  of  Education,  in  cooperation with the Task Force on
11    School Safety, as specified in the school  safety  assessment
12    audit.  The plan shall be subject to approval by the board of
13    education. Once approved, the school shall file the plan with
14    the  State Board of Education and the regional superintendent
15    of schools.  The State  Board  of  Education  shall  provide,
16    subject  to  appropriation,  grants  for the purposes of this
17    Section.

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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