SB2925sam002 100TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/5/2018

10000SB2925sam002 LRB100 19123 SLF 37772 a

AMENDMENT TO SENATE BILL 2925

AMENDMENT NO. ______. Amend Senate Bill 2925 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Police Training Act is amended by adding Section 10.22 as follows:

(50 ILCS 705/10.22 new)

Sec. 10.22. School resource officers.

(a) In this Section:

"Cultural responsiveness" means an understanding of cultural differences and the way those differences affect human behavior.

"Education law" means the body of State and federal law including, but not limited to, State and federal constitutional provisions; local, State, and federal statutes; court opinions; federal and State confidentiality provisions related to student records; and federal and State regulations that provide the legal framework for educational institutions.

"Juvenile law" means the body of State and federal law including, but not limited to, State and federal law constitutional provisions; local, State, and federal statutes; court opinions; and federal and State regulations that provide the legal framework for juveniles.

"School resource officer" means a law enforcement officer who is primarily assigned to a school to provide law enforcement on-site and on a long-term basis when school is in session.

"Trauma-informed care" means an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma.

(b) The Board, by rule, shall require school resource officers to be in good standing and receive training in the following subject areas:

(1) child and adolescent development and psychology;

(2) positive behavioral interventions and support and conflict resolution techniques;

(3) education law;

(4) juvenile law;

(5) implicit bias;

(6)trauma-informed care;

(7) de-escalation techniques, including techniques for limiting the use of physical force and mechanical and chemical restraints;

(8) the mental, physical, and behavioral health needs of all children and adolescents, including those with disabilities or special needs;

(9) a minimum of 8 hours of crisis intervention training for youth;

(10) cultural responsiveness;

(11) human and sex trafficking of youth; and

(12) the Illinois TRUST Act.

(c) The Board, by rule, shall require a law enforcement officer who currently serves as a school resource officer to successfully complete the training in the subject areas required of school resource officers in this Section no later than one year after the effective date of this amendatory Act of the 100th General Assembly. A law enforcement officer who becomes a school resource officer on or after the effective date of this amendatory Act of the 100th General Assembly shall complete the training in the subject areas required of school resource officers in this Section no later than one year from the date of his or her first day of service at a school.

(d) Police departments shall submit their curriculum for school resource officer training to the Board. The Board shall have the authority to determine whether a police department's proposed curriculum for school resource officer training satisfies the subject area training requirements for school resource officers in this Section.

(e) School resource officers are encouraged to receive additional ongoing training in the subject areas required of school resource officers in this Section.

(f) When applicable, potential police departments shall apply for grant funding through the federal Office of Community Oriented Policing Services grant program for officers to receive school resource officer training required in this Section. In the event that grant funding through the federal Office of Community Oriented Policing Services grant program is not available in any given fiscal year, the Board shall include funding for school resource officer training in its annual appropriation request to the General Assembly.

Section 10. The School Code is amended by changing Section 10-20.14 and adding Section 34-18.60 as follows:

(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)

Sec. 10-20.14. Student discipline policies; parent-teacher advisory committee.

(a) To establish and maintain a parent-teacher advisory committee to develop with the school board or governing body of a charter school policy guidelines on pupil discipline, including school searches and bullying prevention as set forth in Section 27-23.7 of this Code. School authorities shall furnish a copy of the policy to the parents or guardian of each pupil within 15 days after the beginning of the school year, or within 15 days after starting classes for a pupil who transfers into the district during the school year, and the school board or governing body of a charter school shall require that a school inform its pupils of the contents of the policy. School boards and the governing bodies of charter schools, along with the parent-teacher advisory committee, must annually review their pupil discipline policies, the implementation of those policies, and any other factors related to the safety of their schools, pupils, and staff.

(a-5) On or before September 15, 2016, each elementary and secondary school and charter school shall, at a minimum, adopt pupil discipline policies that fulfill the requirements set forth in this Section, subsections (a) and (b) of Section 10-22.6 of this Code, Section 34-19 of this Code if applicable, and federal and State laws that provide special requirements for the discipline of students with disabilities.

(b) The parent-teacher advisory committee in cooperation with local law enforcement agencies shall develop, with the school board, policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding criminal offenses committed by students. Each school district shall develop a memorandum of understanding with each local law enforcement agency that provides the school district with a school resource officer. The memorandum of understanding shall describe the obligations of the school district and the local law enforcement agency in the following subject areas:

(1) roles and responsibilities of school officials when a school resource officer interacts with a student;

(2) student disciplinary issues that shall be addressed only by school officials;

(3) student de-escalation procedures for use by school officials and school resource officers;

(4) protocol for providing school resource officers access to the behavior intervention plan of a student;

(5) protocol for questioning students on campus by school resource officers;

(6) criteria which must be satisfied before a school resource officer questions a student regarding school-related matters on campus;

(7) criteria which must be satisfied before a school resource officer questions a student regarding non-school-related matters on school campus;

(8) a school administrator's duties when school resource officers question a student on campus;

(9) criteria which must be satisfied before a school resource officer searches a student on school campus;

(10) criteria which must be satisfied before a school resource officer seizes a student's property on school campus;

(11) criteria which must be satisfied before a school resource officer arrests a student on school campus;

(12) procedures for notification of a parent or guardian of student's arrest, restraint or seclusion, questioning by a school resource officer, or searches or seizures of student's property by a school resource officer; and

(13) subject control policy or policy on use of force. School districts are encouraged to create memoranda of understanding with local law enforcement agencies that clearly define law enforcement's role in schools, in accordance with Section 10-22.6 of this Code.

(b-5) Each school to which a school resource officer is assigned shall designate a school administrator as a primary contact for the school resource officer. The school administrator or his or her designee who serves as the primary contact for the school resource officer shall receive training in:

(1) child and adolescent development and psychology;

(2) positive behavioral interventions and support and conflict resolution techniques; and

(3) de-escalation techniques.

(c) The parent-teacher advisory committee, in cooperation with school bus personnel, shall develop, with the school board, policy guideline procedures to establish and maintain school bus safety procedures. These procedures shall be incorporated into the district's pupil discipline policy.

(d) The school board, in consultation with the parent-teacher advisory committee and other community-based organizations, must include provisions in the student discipline policy to address students who have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal guardians and early intervention procedures based upon available community-based and district resources.

(Source: P.A. 99-456, eff. 9-15-16.)

(105 ILCS 5/34-18.60 new)

Sec. 34-18.60. Memorandum of understanding for school resource officers.

(a) The Board shall develop a memorandum of understanding with each local law enforcement agency that provides a school district with a school resource officer. The memorandum of understanding shall describe the obligations of the school district and the local law enforcement agency in the following subject areas:

(1) roles and responsibilities of school officials when a school resource officer interacts with a student;

(2) student disciplinary issues that shall be addressed only by school officials;

(3) student de-escalation procedures for use by school officials and school resource officers;

(4) protocol for providing school resource officers access to the behavior intervention plan of a student;

(5) protocol for questioning students on campus by school resource officers;

(6) criteria which must be satisfied before a school resource officer questions a student regarding school-related matters on campus;

(7) criteria which must be satisfied before a school resource officer questions a student regarding non-school-related matters on school campus;

(8) a school administrator's duties when school resource officers question a student on campus;

(9) criteria which must be satisfied before a school resource officer searches a student on school campus;

(10) criteria which must be satisfied before a school resource officer seizes a student's property on school campus;

(11) criteria which must be satisfied before a school resource officer arrests a student on school campus;

(12) procedures for notification of a parent or guardian of student's arrest, restraint or seclusion, questioning by a school resource officer, or searches or seizures of student's property by a school resource officer; and

(13) subject control policy or policy on use of force.

(b) Each school to which a school resource officer is assigned shall designate a school administrator as a primary contact for the school resource officer. The school administrator or his or her designee who serves as the primary contact for the school resource officer shall receive training in:

(1) child and adolescent development and psychology;

(2) positive behavioral interventions and support and conflict resolution techniques; and

(3) de-escalation techniques.".