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    AN ACT regarding schools. 

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


 
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    Section 5. The School Code is amended by changing
Section  
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34-18.24 as follows:


 
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    (105 ILCS 5/34-18.24)

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    Sec.  34-18.24. Transfer of students.


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    (a) The board shall
establish and
implement a
policy 
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governing the transfer of a student from one attendance center 
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to
another within the
school district upon the request of the 
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student's parent or guardian.
Any request by a parent or 
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guardian to transfer his or her child from one
attendance

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center to another
within the school district pursuant to 
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Section 1116 of the federal Elementary
and
Secondary Education

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Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 
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days after the
parent or guardian
receives notice of the right 
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to transfer pursuant to that law.
A
student may not transfer to 
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any of the following attendance centers, except by
change in

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residence if the policy authorizes enrollment based on 
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residence in an
attendance area
or unless approved by the board 
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on an individual basis:


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        (1) An attendance center that exceeds or as a result of 
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    the
transfer would
exceed its attendance capacity.


 


 






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        (2) An attendance center for which the board has 
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    established
academic
criteria for enrollment if the 
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    student does not meet the criteria, provided
that the 
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    transfer must be permitted if the attendance center is the 
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    only
attendance center serving the student's grade
that has 
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    not been identified for school
improvement, corrective 
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    action, or restructuring under Section
1116 of the federal 
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    Elementary and Secondary Education Act of 1965 (20 U.S.C.

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    Sec.
6317).


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        (3) Any attendance center if the transfer would
prevent 
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    the school district from meeting its obligations under a 
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    State or
federal law,
court
order, or consent
decree

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    applicable to the school district.


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    (b) The board shall establish and implement a policy 
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governing the
transfer of students within the school district 
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from a persistently dangerous
attendance center to another 
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attendance center in that district that is not
deemed to be

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persistently dangerous.
In order to be considered a 
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persistently dangerous attendance center, the
attendance 
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center must meet all of the following criteria for 2 
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consecutive
years:


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        (1) Have greater than 3% of the students enrolled in 
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    the attendance center
expelled for violence-related 
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    conduct.

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        (2) Have one or more students expelled for bringing a 
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    firearm to school
as defined in 18 U.S.C. 921.


 


 






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        (3) Have at least 3% of the students enrolled in the 
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    attendance center
exercise the
individual option to 
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    transfer attendance centers pursuant to subsection (c) of

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    this
Section.


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    (c) A student may transfer from one attendance center to

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another attendance center within the district if the student is 
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a victim of a
violent
crime as defined in Section 3 of the 
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Rights of Crime Victims and Witnesses Act.
 The violent crime 
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must have occurred on school grounds during regular school

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hours or during a school-sponsored event.

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    (d) Transfers made pursuant to subsections (b) and (c) of 
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this Section shall
be made in compliance with the federal No 
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Child Left Behind Act of 2001 (Public
Law 107-110).


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    (e) If a student must be transferred from one attendance 
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center to
another within the school district because the 
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attendance center the
student is currently attending exceeds 
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its attendance capacity, then the
attendance center the student 
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is to be transferred to must not be an
attendance center that 
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is on the academic watch list under Section
2-3.25d of this 
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Code, unless the student's parent or guardian prefers that the 
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student be transferred there.

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(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)


 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.32 as follows:
 
 


 






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    (30 ILCS 805/8.32 new)
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    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 
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    Section 99. Effective date. This Act takes effect July 1, 
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2008.