HB3643 101ST GENERAL ASSEMBLY

LRB101 07139 AXK 52177 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3643

Introduced , by Rep. Grant Wehrli

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new

Amends the School Code. Provides for legislative findings. Provides that if a school district employee or volunteer, student, or student's parent or guardian reports a threat made by a student, the principal of that student's school must immediately investigate the threat using specified criteria to determine its credibility; defines "threat". Provides that if the principal determines the threat is credible, he or she shall immediately report the threat to a local law enforcement agency for investigation. Provides that after the principal notifies the local law enforcement agency, the school district must take disciplinary action against the student. Provides that following each reported threat, regardless of whether it was deemed credible, the principal must submit a report to the school board to be reviewed at its next regularly scheduled board meeting or special meeting; specifies the report's requirements. Provides that after the school board reviews the report, the principal must submit the report to the State Board of Education and the State Board must submit an annual report to the General Assembly compiling all of the reports it received in the prior school year. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 1. This Act may be referred to as the School Threat Prevention and Protection Act.

Section 5. The School Code is amended by adding Sections 10-20.69 and 34-18.61 as follows:

(105 ILCS 5/10-20.69 new)

Sec. 10-20.69. School threat prevention.

(a) The General Assembly finds that the number of school shootings has increased at an alarming rate, causing policymakers to introduce a number of school safety initiatives. The General Assembly also finds that the number of threats made by students against school employees and other students is ever-increasing, and, in an effort to better protect students and school employees, it is no longer feasible to dismiss threats made by a student, regardless of the student's background or educational attainment or the details of the threat.

(b) In this Section, "threat" means, but is not limited to, a student's statement of possible destruction of a school building or school property or statement of possible violence, death, or bodily harm directed against a person at a school, school function, or school event, regardless of whether school is in session. A threat may be oral, written, or electronically transmitted.

(c) If a school district employee or volunteer, student, or student's parent or guardian reports a threat made by a student, including by a student in a special education program under Article 14, the principal of that student's school must immediately investigate the threat using all of the following criteria to determine its credibility:

(1) Whether the threat is immediate or remote.

(2) Whether the threat constitutes a prediction or promise of harm to a person or school property.

(3) The plausibility of the threat.

(4) If applicable, how the person who is the object of the threat reacted.

(5) The factors in the student's personal profile that would make the threat more or less credible.

(d) If the principal determines the threat is credible, he or she shall immediately report the threat to a local law enforcement agency for investigation. After the principal notifies the local law enforcement agency, the school district must take disciplinary action against the student under Section 10-22.6.

(e) If the principal determines that the threat is not credible and does not report it to a local law enforcement agency and an additional threat is made by that same student, the principal must notify a local law enforcement agency of the threat. After the principal notifies the local law enforcement agency, the school district must take disciplinary action against the student under Section 10-22.6.

(f) Following each reported threat, regardless of whether it was deemed credible, the principal must submit a report to the school board to be reviewed at its next regularly scheduled board meeting or special meeting. The report shall include information on the threat, including who made the threat and the threat's details. This report must be maintained in the student's school student record. After the school board reviews the report, the principal must submit the report to the State Board Education. The State Board must submit an annual report to the General Assembly compiling all of the reports received under this subsection in the prior school year.

(105 ILCS 5/34-18.61 new)

Sec. 34-18.61. School threat prevention.

(a) The General Assembly finds that the number of school shootings has increased at an alarming rate, causing policymakers to introduce a number of school safety initiatives. The General Assembly also finds that the number of threats made by students against school employees and other students is ever-increasing, and, in an effort to better protect students and school employees, it is no longer feasible to dismiss threats made by a student, regardless of the student's background or educational attainment or the details of the threat.

(b) In this Section, "threat" means, but is not limited to, a student's statement of possible destruction of a school building or school property or statement of possible violence, death, or bodily harm directed against a person at a school, school function, or school event, regardless of whether school is in session. A threat may be oral, written, or electronically transmitted.

(c) If a school district employee or volunteer, student, or student's parent or guardian reports a threat made by a student, including by a student in a special education program under Article 14, the principal of that student's school must immediately investigate the threat using all of the following criteria to determine its credibility:

(1) Whether the threat is immediate or remote.

(2) Whether the threat constitutes a prediction or promise of harm to a person or school property.

(3) The plausibility of the threat.

(4) If applicable, how the person who is the object of the threat reacted.

(5) The factors in the student's personal profile that would make the threat more or less credible.

(d) If the principal determines the threat is credible, he or she shall immediately report the threat to a local law enforcement agency for investigation. After the principal notifies the local law enforcement agency, the school district must take disciplinary action against the student under Section 10-22.6.

(e) If the principal determines that the threat is not credible and does not report it to a local law enforcement agency and an additional threat is made by that same student, the principal must notify a local law enforcement agency of the threat. After the principal notifies the local law enforcement agency, the school district must take disciplinary action against the student under Section 10-22.6.

(f) Following each reported threat, regardless of whether it was deemed credible, the principal must submit a report to the board to be reviewed at its next regularly scheduled board meeting or special meeting. The report shall include information on the threat, including who made the threat and the threat's details. This report must be maintained in the student's school student record. After the board reviews the report, the principal must submit the report to the State Board of Education. The State Board must submit an annual report to the General Assembly compiling all of the reports received under this subsection in the prior school year.

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