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1 | AN ACT regarding schools.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing
Section | ||||||
5 | 34-18.24 as follows:
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6 | (105 ILCS 5/34-18.24)
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7 | Sec. 34-18.24. Transfer of students.
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8 | (a) The board shall
establish and
implement a
policy | ||||||
9 | governing the transfer of a student from one attendance center | ||||||
10 | to
another within the
school district upon the request of the | ||||||
11 | student's parent or guardian.
Any request by a parent or | ||||||
12 | guardian to transfer his or her child from one
attendance
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13 | center to another
within the school district pursuant to | ||||||
14 | Section 1116 of the federal Elementary
and
Secondary Education
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15 | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | ||||||
16 | days after the
parent or guardian
receives notice of the right | ||||||
17 | to transfer pursuant to that law.
A
student may not transfer to | ||||||
18 | any of the following attendance centers, except by
change in
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19 | residence if the policy authorizes enrollment based on | ||||||
20 | residence in an
attendance area
or unless approved by the board | ||||||
21 | on an individual basis:
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22 | (1) An attendance center that exceeds or as a result of | ||||||
23 | the
transfer would
exceed its attendance capacity.
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1 | (2) An attendance center for which the board has | ||||||
2 | established
academic
criteria for enrollment if the | ||||||
3 | student does not meet the criteria, provided
that the | ||||||
4 | transfer must be permitted if the attendance center is the | ||||||
5 | only
attendance center serving the student's grade
that has | ||||||
6 | not been identified for school
improvement, corrective | ||||||
7 | action, or restructuring under Section
1116 of the federal | ||||||
8 | Elementary and Secondary Education Act of 1965 (20 U.S.C.
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9 | Sec.
6317).
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10 | (3) Any attendance center if the transfer would
prevent | ||||||
11 | the school district from meeting its obligations under a | ||||||
12 | State or
federal law,
court
order, or consent
decree
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13 | applicable to the school district.
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14 | (b) The board shall establish and implement a policy | ||||||
15 | governing the
transfer of students within the school district | ||||||
16 | from a persistently dangerous
attendance center to another | ||||||
17 | attendance center in that district that is not
deemed to be
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18 | persistently dangerous.
In order to be considered a | ||||||
19 | persistently dangerous attendance center, the
attendance | ||||||
20 | center must meet all of the following criteria for 2 | ||||||
21 | consecutive
years:
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22 | (1) Have greater than 3% of the students enrolled in | ||||||
23 | the attendance center
expelled for violence-related | ||||||
24 | conduct.
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25 | (2) Have one or more students expelled for bringing a | ||||||
26 | firearm to school
as defined in 18 U.S.C. 921.
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1 | (3) Have at least 3% of the students enrolled in the | ||||||
2 | attendance center
exercise the
individual option to | ||||||
3 | transfer attendance centers pursuant to subsection (c) of
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4 | this
Section.
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5 | (c) A student may transfer from one attendance center to
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6 | another attendance center within the district if the student is | ||||||
7 | a victim of a
violent
crime as defined in Section 3 of the | ||||||
8 | Rights of Crime Victims and Witnesses Act.
The violent crime | ||||||
9 | must have occurred on school grounds during regular school
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10 | hours or during a school-sponsored event.
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11 | (d) Transfers made pursuant to subsections (b) and (c) of | ||||||
12 | this Section shall
be made in compliance with the federal No | ||||||
13 | Child Left Behind Act of 2001 (Public
Law 107-110).
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14 | (e) If a student must be transferred from one attendance | ||||||
15 | center to
another within the school district because the | ||||||
16 | attendance center the
student is currently attending exceeds | ||||||
17 | its attendance capacity, then the
attendance center the student | ||||||
18 | is to be transferred to must not be an
attendance center that | ||||||
19 | is on the academic watch list under Section
2-3.25d of this | ||||||
20 | Code, unless the student's parent or guardian prefers that the | ||||||
21 | student be transferred there.
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22 | (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
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23 | Section 90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.32 as follows: |
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1 | (30 ILCS 805/8.32 new) | ||||||
2 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 95th General Assembly. | ||||||
6 | Section 99. Effective date. This Act takes effect July 1, | ||||||
7 | 2008. |