103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4443

 

Introduced 1/16/2024, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 128/20

    Amends the School Safety Drill Act. Provides that a law enforcement lockdown drill must not be conducted on the day of or within 2 days before a school-administered standardized test.


LRB103 33377 RJT 63189 b

 

 

A BILL FOR

 

HB4443LRB103 33377 RJT 63189 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Safety Drill Act is amended by
5changing Section 20 as follows:
 
6    (105 ILCS 128/20)
7    (Text of Section before amendment by P.A. 103-197)
8    Sec. 20. Number of drills; incidents covered; local
9authority participation.
10    (a) During each academic year, schools must conduct a
11minimum of 3 school evacuation drills to address and prepare
12students and school personnel for fire incidents. These drills
13must meet all of the following criteria:
14        (1) One of the 3 school evacuation drills shall
15    require the participation of the appropriate local fire
16    department or district.
17            (A) Each local fire department or fire district
18        must contact the appropriate school administrator or
19        his or her designee no later than September 1 of each
20        year in order to arrange for the participation of the
21        department or district in the school evacuation drill.
22            (B) Each school administrator or his or her
23        designee must contact the responding local fire

 

 

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1        official no later than September 15 of each year and
2        propose to the local fire official 4 dates within the
3        month of October, during at least 2 different weeks of
4        October, on which the drill shall occur. The fire
5        official may choose any of the 4 available dates, and
6        if he or she does so, the drill shall occur on that
7        date.
8            (C) The school administrator or his or her
9        designee and the local fire official may also, by
10        mutual agreement, set any other date for the drill,
11        including a date outside of the month of October.
12            (D) If the fire official does not select one of the
13        4 offered dates in October or set another date by
14        mutual agreement, the requirement that the school
15        include the local fire service in one of its mandatory
16        school evacuation drills shall be waived. Schools,
17        however, shall continue to be strongly encouraged to
18        include the fire service in a school evacuation drill
19        at a mutually agreed-upon time.
20            (E) Upon the participation of the local fire
21        service, the appropriate local fire official shall
22        certify that the school evacuation drill was
23        conducted.
24            (F) When scheduling the school evacuation drill,
25        the school administrator or his or her designee and
26        the local fire department or fire district may, by

 

 

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1        mutual agreement on or before September 14, choose to
2        waive the provisions of subparagraphs (B), (C), and
3        (D) of this paragraph (1).
4        Additional school evacuation drills for fire incidents
5    may involve the participation of the appropriate local
6    fire department or district.
7        (2) Schools may conduct additional school evacuation
8    drills to account for other evacuation incidents,
9    including without limitation suspicious items or bomb
10    threats.
11        (3) All drills shall be conducted at each school
12    building that houses school children.
13    (b) During each academic year, schools must conduct a
14minimum of one bus evacuation drill. This drill shall be
15accounted for in the curriculum in all public schools and in
16all other educational institutions in this State that are
17supported or maintained, in whole or in part, by public funds
18and that provide instruction in any of the grades kindergarten
19through 12. This curriculum shall include instruction in safe
20bus riding practices for all students. Schools may conduct
21additional bus evacuation drills. All drills shall be
22conducted at each school building that houses school children.
23    (b-5) Notwithstanding the minimum requirements established
24by this Act, private schools that do not utilize a bus to
25transport students for any purpose are exempt from subsection
26(b) of this Section, provided that the chief school

 

 

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1administrator of the private school provides written assurance
2to the State Board of Education that the private school does
3not plan to utilize a bus to transport students for any purpose
4during the current academic year. The assurance must be made
5on a form supplied by the State Board of Education and filed no
6later than October 15. If a private school utilizes a bus to
7transport students for any purpose during an academic year
8when an assurance pursuant to this subsection (b-5) has been
9filed with the State Board of Education, the private school
10shall immediately notify the State Board of Education and
11comply with subsection (b) of this Section no later than 30
12calendar days after utilization of the bus to transport
13students, except that, at the discretion of the private
14school, students chosen for participation in the bus
15evacuation drill need include only the subgroup of students
16that are utilizing bus transportation.
17    (c) During each academic year, schools must conduct a law
18enforcement lockdown drill to address a school shooting
19incident. No later than 90 days after the first day of each
20school year, schools must conduct at least one law enforcement
21lockdown drill that addresses an active threat or an active
22shooter within a school building. Such drills must be
23conducted according to the school district's or private
24school's emergency and crisis response plans, protocols, and
25procedures to evaluate the preparedness of school personnel
26and students. Law enforcement lockdown drills must be

 

 

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1conducted on days and times when students are normally present
2in the school building and must involve participation from all
3school personnel and students present at school at the time of
4the lockdown drill, except that administrators or school
5support personnel in their discretion may exempt students from
6the lockdown drill. The appropriate local law enforcement
7agency shall observe the administration of the lockdown drill.
8All drills must be conducted at each school building that
9houses school children.
10        (1) A law enforcement lockdown drill must meet all of
11    the following criteria:
12            (A) During each calendar year, the appropriate
13        local law enforcement agency shall contact the
14        appropriate school administrator to request to
15        participate in a law enforcement lockdown drill. The
16        school administrator and local law enforcement agency
17        shall set, by mutual agreement, a date for the
18        lockdown drill.
19            (A-5) The lockdown drill shall require the on-site
20        participation of the local law enforcement agency. If
21        a mutually agreeable date cannot be reached between
22        the school administrator and the appropriate local law
23        enforcement agency, then the school shall still hold
24        the lockdown drill without participation from the
25        agency.
26            (B) Upon the participation of a local law

 

 

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1        enforcement agency in a law enforcement lockdown
2        drill, the appropriate local law enforcement official
3        shall certify that the law enforcement lockdown drill
4        was conducted and notify the school in a timely manner
5        of any deficiencies noted during the drill.
6            (C) The lockdown drill must not include
7        simulations that mimic an actual school shooting
8        incident or active shooter event.
9            (D) All lockdown drills must be announced in
10        advance to all school personnel and students prior to
11        the commencement of the drill.
12            (E) Lockdown drill content must be age appropriate
13        and developmentally appropriate.
14            (F) Lockdown drills must include and involve
15        school personnel, including school-based mental health
16        professionals.
17            (G) Lockdown drills must include trauma-informed
18        approaches to address the concerns and well-being of
19        students and school personnel.
20            (H) The lockdown drill must not be conducted on
21        the day of or within 2 days before a
22        school-administered standardized test.
23        (2) Schools may conduct additional law enforcement
24    drills at their discretion.
25        (3) (Blank).
26        (4) School administrators and school support personnel

 

 

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1    may, in their discretion, exempt a student or students
2    from participating in a walk-through lockdown drill.
3        (5) Schools must provide sufficient information and
4    notification to parents and guardians in advance of any
5    walk-through lockdown drill that involves the
6    participation of students. Schools must also provide to
7    parents and guardians an opportunity to exempt their child
8    for any reason from participating in the walk-through
9    lockdown drill.
10        (6) Schools must provide alternative safety education
11    and instruction related to an active threat or active
12    shooter event to students who do not participate in a
13    walk-through lockdown drill to provide them with essential
14    information, training, and instruction through less
15    sensorial safety training methods.
16        (7) During the drill, students must be allowed to ask
17    questions related to the drill.
18        (8) Law enforcement may choose to run an active
19    shooter simulation, including simulated gun fire drills,
20    but only on school days when students are not present.
21    Parental notification is not required for drills conducted
22    pursuant to this paragraph (8) if students are not
23    required to be present.
24    (d) During each academic year, schools must conduct a
25minimum of one severe weather and shelter-in-place drill to
26address and prepare students and school personnel for possible

 

 

HB4443- 8 -LRB103 33377 RJT 63189 b

1tornado incidents and may conduct additional severe weather
2and shelter-in-place drills to account for other incidents,
3including without limitation earthquakes or hazardous
4materials. All drills shall be conducted at each school
5building that houses school children.
6(Source: P.A. 102-395, eff. 8-16-21.)
 
7    (Text of Section after amendment by P.A. 103-197)
8    Sec. 20. Number of drills; incidents covered; local
9authority participation.
10    (a) During each academic year, schools must conduct a
11minimum of 3 school evacuation drills to address and prepare
12students and school personnel for fire incidents. These drills
13must meet all of the following criteria:
14        (1) One of the 3 school evacuation drills shall
15    require the participation of the appropriate local fire
16    department or district.
17            (A) Each local fire department or fire district
18        must contact the appropriate school administrator or
19        his or her designee no later than September 1 of each
20        year in order to arrange for the participation of the
21        department or district in the school evacuation drill.
22            (B) Each school administrator or his or her
23        designee must contact the responding local fire
24        official no later than September 15 of each year and
25        propose to the local fire official 4 dates within the

 

 

HB4443- 9 -LRB103 33377 RJT 63189 b

1        month of October, during at least 2 different weeks of
2        October, on which the drill shall occur. The fire
3        official may choose any of the 4 available dates, and
4        if he or she does so, the drill shall occur on that
5        date.
6            (C) The school administrator or his or her
7        designee and the local fire official may also, by
8        mutual agreement, set any other date for the drill,
9        including a date outside of the month of October.
10            (D) If the fire official does not select one of the
11        4 offered dates in October or set another date by
12        mutual agreement, the requirement that the school
13        include the local fire service in one of its mandatory
14        school evacuation drills shall be waived. Schools,
15        however, shall continue to be strongly encouraged to
16        include the fire service in a school evacuation drill
17        at a mutually agreed-upon time.
18            (E) Upon the participation of the local fire
19        service, the appropriate local fire official shall
20        certify that the school evacuation drill was
21        conducted.
22            (F) When scheduling the school evacuation drill,
23        the school administrator or his or her designee and
24        the local fire department or fire district may, by
25        mutual agreement on or before September 14, choose to
26        waive the provisions of subparagraphs (B), (C), and

 

 

HB4443- 10 -LRB103 33377 RJT 63189 b

1        (D) of this paragraph (1).
2        Additional school evacuation drills for fire incidents
3    may involve the participation of the appropriate local
4    fire department or district.
5        (2) Schools may conduct additional school evacuation
6    drills to account for other evacuation incidents,
7    including without limitation suspicious items or bomb
8    threats.
9        (3) All drills shall be conducted at each school
10    building that houses school children.
11    (b) During each academic year, schools must conduct a
12minimum of one bus evacuation drill. This drill shall be
13accounted for in the curriculum in all public schools and in
14all other educational institutions in this State that are
15supported or maintained, in whole or in part, by public funds
16and that provide instruction in any of the grades kindergarten
17through 12. This curriculum shall include instruction in safe
18bus riding practices for all students. Schools may conduct
19additional bus evacuation drills. All drills shall be
20conducted at each school building that houses school children.
21    (b-5) Notwithstanding the minimum requirements established
22by this Act, private schools that do not utilize a bus to
23transport students for any purpose are exempt from subsection
24(b) of this Section, provided that the chief school
25administrator of the private school provides written assurance
26to the State Board of Education that the private school does

 

 

HB4443- 11 -LRB103 33377 RJT 63189 b

1not plan to utilize a bus to transport students for any purpose
2during the current academic year. The assurance must be made
3on a form supplied by the State Board of Education and filed no
4later than October 15. If a private school utilizes a bus to
5transport students for any purpose during an academic year
6when an assurance pursuant to this subsection (b-5) has been
7filed with the State Board of Education, the private school
8shall immediately notify the State Board of Education and
9comply with subsection (b) of this Section no later than 30
10calendar days after utilization of the bus to transport
11students, except that, at the discretion of the private
12school, students chosen for participation in the bus
13evacuation drill need include only the subgroup of students
14that are utilizing bus transportation.
15    (c) During each academic year, schools must conduct a law
16enforcement lockdown drill to address a school shooting
17incident. No later than 90 days after the first day of each
18school year, schools must conduct at least one law enforcement
19lockdown drill that addresses an active threat or an active
20shooter within a school building. Such drills must be
21conducted according to the school district's or private
22school's emergency and crisis response plans, protocols, and
23procedures to evaluate the preparedness of school personnel
24and students. Law enforcement lockdown drills must be
25conducted on days and times when students are normally present
26in the school building and must involve participation from all

 

 

HB4443- 12 -LRB103 33377 RJT 63189 b

1school personnel and students present at school at the time of
2the lockdown drill, except that administrators or school
3support personnel in their discretion may exempt students from
4the lockdown drill. The appropriate local law enforcement
5agency shall observe the administration of the lockdown drill.
6All drills must be conducted at each school building that
7houses school children.
8        (1) A law enforcement lockdown drill must meet all of
9    the following criteria:
10            (A) During each calendar year, the appropriate
11        local law enforcement agency shall contact the
12        appropriate school administrator to request to
13        participate in a law enforcement lockdown drill. The
14        school administrator and local law enforcement agency
15        shall set, by mutual agreement, a date for the
16        lockdown drill.
17            (A-5) The lockdown drill shall require the on-site
18        participation of the local law enforcement agency. If
19        a mutually agreeable date cannot be reached between
20        the school administrator and the appropriate local law
21        enforcement agency, then the school shall still hold
22        the lockdown drill without participation from the
23        agency.
24            (B) Upon the participation of a local law
25        enforcement agency in a law enforcement lockdown
26        drill, the appropriate local law enforcement official

 

 

HB4443- 13 -LRB103 33377 RJT 63189 b

1        shall certify that the law enforcement lockdown drill
2        was conducted and notify the school in a timely manner
3        of any deficiencies noted during the drill.
4            (C) The lockdown drill must not include
5        simulations that mimic an actual school shooting
6        incident or active shooter event.
7            (D) All lockdown drills must be announced in
8        advance to all school personnel and students prior to
9        the commencement of the drill.
10            (E) Lockdown drill content must be age appropriate
11        and developmentally appropriate.
12            (F) Lockdown drills must include and involve
13        school personnel, including school-based mental health
14        professionals.
15            (G) Lockdown drills must include trauma-informed
16        approaches to address the concerns and well-being of
17        students and school personnel.
18            (H) The lockdown drill must not be conducted on
19        the day of or within 2 days before a
20        school-administered standardized test.
21        (2) Schools may conduct additional law enforcement
22    drills at their discretion.
23        (3) (Blank).
24        (4) School administrators and school support personnel
25    may, in their discretion, exempt a student or students
26    from participating in a walk-through lockdown drill. When

 

 

HB4443- 14 -LRB103 33377 RJT 63189 b

1    deciding whether to exempt a student from participating in
2    a walk-through lockdown drill, the administrator and
3    school support personnel shall include the student's
4    individualized education program team or federal Section
5    504 plan team in the decision to exempt the student from
6    participating.
7        (5) Schools must provide sufficient information and
8    notification to parents and guardians in advance of any
9    walk-through lockdown drill that involves the
10    participation of students. Schools must also provide to
11    parents and guardians an opportunity to exempt their child
12    for any reason from participating in the walk-through
13    lockdown drill.
14        (6) Schools must provide alternative safety education
15    and instruction related to an active threat or active
16    shooter event to students who do not participate in a
17    walk-through lockdown drill to provide them with essential
18    information, training, and instruction through less
19    sensorial safety training methods.
20        (7) During the drill, students must be allowed to ask
21    questions related to the drill.
22        (8) Law enforcement may choose to run an active
23    shooter simulation, including simulated gun fire drills,
24    but only on school days when students are not present.
25    Parental notification is not required for drills conducted
26    pursuant to this paragraph (8) if students are not

 

 

HB4443- 15 -LRB103 33377 RJT 63189 b

1    required to be present.
2    (d) During each academic year, schools must conduct a
3minimum of one severe weather and shelter-in-place drill to
4address and prepare students and school personnel for possible
5tornado incidents and may conduct additional severe weather
6and shelter-in-place drills to account for other incidents,
7including without limitation earthquakes or hazardous
8materials. All drills shall be conducted at each school
9building that houses school children.
10(Source: P.A. 102-395, eff. 8-16-21; 103-197, eff. 1-1-24.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.