Full Text of HB3680 103rd General Assembly
HB3680enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 14-8.02 as follows:
| 6 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 7 | | Sec. 14-8.02. Identification, evaluation, and placement of | 8 | | children.
| 9 | | (a) The State Board of Education shall make rules under | 10 | | which local school
boards shall determine the eligibility of | 11 | | children to receive special
education. Such rules shall ensure | 12 | | that a free appropriate public
education be available to all | 13 | | children with disabilities as
defined in
Section 14-1.02. The | 14 | | State Board of Education shall require local school
districts | 15 | | to administer non-discriminatory procedures or tests to
| 16 | | English learners coming from homes in which a language
other | 17 | | than English is used to determine their eligibility to receive | 18 | | special
education. The placement of low English proficiency | 19 | | students in special
education programs and facilities shall be | 20 | | made in accordance with the test
results reflecting the | 21 | | student's linguistic, cultural and special education
needs. | 22 | | For purposes of determining the eligibility of children the | 23 | | State
Board of Education shall include in the rules |
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| 1 | | definitions of "case study",
"staff conference", | 2 | | "individualized educational program", and "qualified
| 3 | | specialist" appropriate to each category of children with
| 4 | | disabilities as defined in
this Article. For purposes of | 5 | | determining the eligibility of children from
homes in which a | 6 | | language other than English is used, the State Board of
| 7 | | Education shall include in the rules
definitions for | 8 | | "qualified bilingual specialists" and "linguistically and
| 9 | | culturally appropriate individualized educational programs". | 10 | | For purposes of this
Section, as well as Sections 14-8.02a, | 11 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | 12 | | as defined in the federal Individuals with Disabilities | 13 | | Education Act (20 U.S.C. 1401(23)).
| 14 | | (b) No child shall be eligible for special education | 15 | | facilities except
with a carefully completed case study fully | 16 | | reviewed by professional
personnel in a multidisciplinary | 17 | | staff conference and only upon the
recommendation of qualified | 18 | | specialists or a qualified bilingual specialist, if
available. | 19 | | At the conclusion of the multidisciplinary staff conference, | 20 | | the
parent of the child and, if the child is in the legal | 21 | | custody of the Department of Children and Family Services, the | 22 | | Department's Office of Education and Transition Services shall | 23 | | be given a copy of the multidisciplinary
conference summary | 24 | | report and recommendations, which includes options
considered, | 25 | | and, in the case of the parent, be informed of his or her right | 26 | | to obtain an independent educational
evaluation if he or she |
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| 1 | | disagrees with the evaluation findings conducted or obtained
| 2 | | by the school district. If the school district's evaluation is | 3 | | shown to be
inappropriate, the school district shall reimburse | 4 | | the parent for the cost of
the independent evaluation. The | 5 | | State Board of Education shall, with advice
from the State | 6 | | Advisory Council on Education of Children with
Disabilities on | 7 | | the
inclusion of specific independent educational evaluators, | 8 | | prepare a list of
suggested independent educational | 9 | | evaluators. The State Board of Education
shall include on the | 10 | | list clinical psychologists licensed pursuant to the
Clinical | 11 | | Psychologist Licensing Act. Such psychologists shall not be | 12 | | paid fees
in excess of the amount that would be received by a | 13 | | school psychologist for
performing the same services. The | 14 | | State Board of Education shall supply school
districts with | 15 | | such list and make the list available to parents at their
| 16 | | request. School districts shall make the list available to | 17 | | parents at the time
they are informed of their right to obtain | 18 | | an independent educational
evaluation. However, the school | 19 | | district may initiate an impartial
due process hearing under | 20 | | this Section within 5 days of any written parent
request for an | 21 | | independent educational evaluation to show that
its evaluation | 22 | | is appropriate. If the final decision is that the evaluation
| 23 | | is appropriate, the parent still has a right to an independent | 24 | | educational
evaluation, but not at public expense. An | 25 | | independent educational
evaluation at public expense must be | 26 | | completed within 30 days of a parent
written request unless |
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| 1 | | the school district initiates an
impartial due process hearing | 2 | | or the parent or school district
offers reasonable grounds to | 3 | | show that such 30-day time period should be
extended. If the | 4 | | due process hearing decision indicates that the parent is | 5 | | entitled to an independent educational evaluation, it must be
| 6 | | completed within 30 days of the decision unless the parent or
| 7 | | the school district offers reasonable grounds to show that | 8 | | such 30-day
period should be extended. If a parent disagrees | 9 | | with the summary report or
recommendations of the | 10 | | multidisciplinary conference or the findings of any
| 11 | | educational evaluation which results therefrom, the school
| 12 | | district shall not proceed with a placement based upon such | 13 | | evaluation and
the child shall remain in his or her regular | 14 | | classroom setting.
No child shall be eligible for admission to | 15 | | a
special class for children with a mental disability who are | 16 | | educable or for children with a mental disability who are | 17 | | trainable except with a psychological evaluation
and
| 18 | | recommendation by a school psychologist. Consent shall be | 19 | | obtained from
the parent of a child before any evaluation is | 20 | | conducted.
If consent is not given by the parent or if the | 21 | | parent disagrees with the findings of the evaluation, then the | 22 | | school
district may initiate an impartial due process hearing | 23 | | under this Section.
The school district may evaluate the child | 24 | | if that is the decision
resulting from the impartial due | 25 | | process hearing and the decision is not
appealed or if the | 26 | | decision is affirmed on appeal.
The determination of |
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| 1 | | eligibility shall be made and the IEP meeting shall be | 2 | | completed within 60 school days
from the date of written | 3 | | parental consent. In those instances when written parental | 4 | | consent is obtained with fewer than 60 pupil attendance days | 5 | | left in the school year,
the eligibility determination shall | 6 | | be made and the IEP meeting shall be completed prior to the | 7 | | first day of the
following school year. Special education and | 8 | | related services must be provided in accordance with the | 9 | | student's IEP no later than 10 school attendance days after | 10 | | notice is provided to the parents pursuant to Section 300.503 | 11 | | of Title 34 of the Code of Federal Regulations and | 12 | | implementing rules adopted by the State Board of Education. | 13 | | The appropriate
program pursuant to the individualized | 14 | | educational program of students
whose native tongue is a | 15 | | language other than English shall reflect the
special | 16 | | education, cultural and linguistic needs. No later than | 17 | | September
1, 1993, the State Board of Education shall | 18 | | establish standards for the
development, implementation and | 19 | | monitoring of appropriate bilingual special
individualized | 20 | | educational programs. The State Board of Education shall
| 21 | | further incorporate appropriate monitoring procedures to | 22 | | verify implementation
of these standards. The district shall | 23 | | indicate to the parent, the State Board of Education, and, if | 24 | | applicable, the Department's Office of Education and | 25 | | Transition Services the nature of the services the child will | 26 | | receive
for the regular school term while awaiting placement |
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| 1 | | in the appropriate special
education class. At the child's | 2 | | initial IEP meeting and at each annual review meeting, the | 3 | | child's IEP team shall provide the child's parent or guardian | 4 | | and, if applicable, the Department's Office of Education and | 5 | | Transition Services with a written notification that informs | 6 | | the parent or guardian or the Department's Office of Education | 7 | | and Transition Services that the IEP team is required to | 8 | | consider whether the child requires assistive technology in | 9 | | order to receive free, appropriate public education. The | 10 | | notification must also include a toll-free telephone number | 11 | | and internet address for the State's assistive technology | 12 | | program.
| 13 | | If the child is deaf, hard of hearing, blind, or visually | 14 | | impaired or has an orthopedic impairment or physical | 15 | | disability and
he or she might be eligible to receive services | 16 | | from the Illinois School for
the Deaf, the Illinois School for | 17 | | the Visually Impaired, or the Illinois Center for | 18 | | Rehabilitation and Education-Roosevelt, the school
district | 19 | | shall notify the parents, in writing, of the existence of
| 20 | | these schools
and the services
they provide and shall make a | 21 | | reasonable effort to inform the parents of the existence of | 22 | | other, local schools that provide similar services and the | 23 | | services that these other schools provide. This notification
| 24 | | shall
include without limitation information on school | 25 | | services, school
admissions criteria, and school contact | 26 | | information.
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| 1 | | In the development of the individualized education program | 2 | | for a student who has a disability on the autism spectrum | 3 | | (which includes autistic disorder, Asperger's disorder, | 4 | | pervasive developmental disorder not otherwise specified, | 5 | | childhood disintegrative disorder, and Rett Syndrome, as | 6 | | defined in the Diagnostic and Statistical Manual of Mental | 7 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 8 | | consider all of the following factors: | 9 | | (1) The verbal and nonverbal communication needs of | 10 | | the child. | 11 | | (2) The need to develop social interaction skills and | 12 | | proficiencies. | 13 | | (3) The needs resulting from the child's unusual | 14 | | responses to sensory experiences. | 15 | | (4) The needs resulting from resistance to | 16 | | environmental change or change in daily routines. | 17 | | (5) The needs resulting from engagement in repetitive | 18 | | activities and stereotyped movements. | 19 | | (6) The need for any positive behavioral | 20 | | interventions, strategies, and supports to address any | 21 | | behavioral difficulties resulting from autism spectrum | 22 | | disorder. | 23 | | (7) Other needs resulting from the child's disability | 24 | | that impact progress in the general curriculum, including | 25 | | social and emotional development. | 26 | | Public Act 95-257
does not create any new entitlement to a |
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| 1 | | service, program, or benefit, but must not affect any | 2 | | entitlement to a service, program, or benefit created by any | 3 | | other law.
| 4 | | If the student may be eligible to participate in the | 5 | | Home-Based Support
Services Program for Adults with Mental | 6 | | Disabilities authorized under the
Developmental Disability and | 7 | | Mental Disability Services Act upon becoming an
adult, the | 8 | | student's individualized education program shall include plans | 9 | | for
(i) determining the student's eligibility for those | 10 | | home-based services, (ii)
enrolling the student in the program | 11 | | of home-based services, and (iii)
developing a plan for the | 12 | | student's most effective use of the home-based
services after | 13 | | the student becomes an adult and no longer receives special
| 14 | | educational services under this Article. The plans developed | 15 | | under this
paragraph shall include specific actions to be | 16 | | taken by specified individuals,
agencies, or officials.
| 17 | | (c) In the development of the individualized education | 18 | | program for a
student who is functionally blind, it shall be | 19 | | presumed that proficiency in
Braille reading and writing is | 20 | | essential for the student's satisfactory
educational progress. | 21 | | For purposes of this subsection, the State Board of
Education | 22 | | shall determine the criteria for a student to be classified as
| 23 | | functionally blind. Students who are not currently identified | 24 | | as
functionally blind who are also entitled to Braille | 25 | | instruction include:
(i) those whose vision loss is so severe | 26 | | that they are unable to read and
write at a level comparable to |
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| 1 | | their peers solely through the use of
vision, and (ii) those | 2 | | who show evidence of progressive vision loss that
may result | 3 | | in functional blindness. Each student who is functionally | 4 | | blind
shall be entitled to Braille reading and writing | 5 | | instruction that is
sufficient to enable the student to | 6 | | communicate with the same level of
proficiency as other | 7 | | students of comparable ability. Instruction should be
provided | 8 | | to the extent that the student is physically and cognitively | 9 | | able
to use Braille. Braille instruction may be used in | 10 | | combination with other
special education services appropriate | 11 | | to the student's educational needs.
The assessment of each | 12 | | student who is functionally blind for the purpose of
| 13 | | developing the student's individualized education program | 14 | | shall include
documentation of the student's strengths and | 15 | | weaknesses in Braille skills.
Each person assisting in the | 16 | | development of the individualized education
program for a | 17 | | student who is functionally blind shall receive information
| 18 | | describing the benefits of Braille instruction. The | 19 | | individualized
education program for each student who is | 20 | | functionally blind shall
specify the appropriate learning | 21 | | medium or media based on the assessment
report.
| 22 | | (d) To the maximum extent appropriate, the placement shall | 23 | | provide the
child with the opportunity to be educated with | 24 | | children who do not have a disability; provided that children | 25 | | with
disabilities who are recommended to be
placed into | 26 | | regular education classrooms are provided with supplementary
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| 1 | | services to assist the children with disabilities to benefit
| 2 | | from the regular
classroom instruction and are included on the | 3 | | teacher's regular education class
register. Subject to the | 4 | | limitation of the preceding sentence, placement in
special | 5 | | classes, separate schools or other removal of the child with a | 6 | | disability
from the regular educational environment shall | 7 | | occur only when the nature of
the severity of the disability is | 8 | | such that education in the
regular classes with
the use of | 9 | | supplementary aids and services cannot be achieved | 10 | | satisfactorily.
The placement of English learners with | 11 | | disabilities shall
be in non-restrictive environments which | 12 | | provide for integration with
peers who do not have | 13 | | disabilities in bilingual classrooms. Annually, each January, | 14 | | school districts shall report data on students from | 15 | | non-English
speaking backgrounds receiving special education | 16 | | and related services in
public and private facilities as | 17 | | prescribed in Section 2-3.30. If there
is a disagreement | 18 | | between parties involved regarding the special education
| 19 | | placement of any child, either in-state or out-of-state, the | 20 | | placement is
subject to impartial due process procedures | 21 | | described in Article 10 of the
Rules and Regulations to Govern | 22 | | the Administration and Operation of Special
Education.
| 23 | | (e) No child who comes from a home in which a language | 24 | | other than English
is the principal language used may be | 25 | | assigned to any class or program
under this Article until he | 26 | | has been given, in the principal language
used by the child and |
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| 1 | | used in his home, tests reasonably related to his
cultural | 2 | | environment. All testing and evaluation materials and | 3 | | procedures
utilized for evaluation and placement shall not be | 4 | | linguistically, racially or
culturally discriminatory.
| 5 | | (f) Nothing in this Article shall be construed to require | 6 | | any child to
undergo any physical examination or medical | 7 | | treatment whose parents object thereto on the grounds that | 8 | | such examination or
treatment conflicts with his religious | 9 | | beliefs.
| 10 | | (g) School boards or their designee shall provide to the | 11 | | parents of a child or, if applicable, the Department of | 12 | | Children and Family Services' Office of Education and | 13 | | Transition Services prior written notice of any decision (a) | 14 | | proposing
to initiate or change, or (b) refusing to initiate | 15 | | or change, the
identification, evaluation, or educational | 16 | | placement of the child or the
provision of a free appropriate | 17 | | public education to their child, and the
reasons therefor. For | 18 | | a parent, such written notification shall also inform the
| 19 | | parent of the opportunity to present complaints with respect
| 20 | | to any matter relating to the educational placement of the | 21 | | student, or
the provision of a free appropriate public | 22 | | education and to have an
impartial due process hearing on the | 23 | | complaint. The notice shall inform
the parents in the parents' | 24 | | native language,
unless it is clearly not feasible to do so, of | 25 | | their rights and all
procedures available pursuant to this Act | 26 | | and the federal Individuals with Disabilities Education |
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| 1 | | Improvement Act of 2004 (Public Law 108-446); it
shall be the | 2 | | responsibility of the State Superintendent to develop
uniform | 3 | | notices setting forth the procedures available under this Act
| 4 | | and the federal Individuals with Disabilities Education | 5 | | Improvement Act of 2004 (Public Law 108-446) to be used by all | 6 | | school boards. The notice
shall also inform the parents of the | 7 | | availability upon
request of a list of free or low-cost legal | 8 | | and other relevant services
available locally to assist | 9 | | parents in initiating an
impartial due process hearing. The | 10 | | State Superintendent shall revise the uniform notices required | 11 | | by this subsection (g) to reflect current law and procedures | 12 | | at least once every 2 years. Any parent who is deaf or
does not | 13 | | normally communicate using spoken English and who participates | 14 | | in
a meeting with a representative of a local educational | 15 | | agency for the
purposes of developing an individualized | 16 | | educational program or attends a multidisciplinary conference | 17 | | shall be
entitled to the services of an interpreter. The State | 18 | | Board of Education must adopt rules to establish the criteria, | 19 | | standards, and competencies for a bilingual language | 20 | | interpreter who attends an individualized education program | 21 | | meeting under this subsection to assist a parent who has | 22 | | limited English proficiency.
| 23 | | (g-5) For purposes of this subsection (g-5), "qualified | 24 | | professional" means an individual who holds credentials to | 25 | | evaluate the child in the domain or domains for which an | 26 | | evaluation is sought or an intern working under the direct |
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| 1 | | supervision of a qualified professional, including a master's | 2 | | or doctoral degree candidate. | 3 | | To ensure that a parent can participate fully and | 4 | | effectively with school personnel in the development of | 5 | | appropriate educational and related services for his or her | 6 | | child, the parent, an independent educational evaluator, or a | 7 | | qualified professional retained by or on behalf of a parent or | 8 | | child must be afforded reasonable access to educational | 9 | | facilities, personnel, classrooms, and buildings and to the | 10 | | child as provided in this subsection (g-5). The requirements | 11 | | of this subsection (g-5) apply to any public school facility, | 12 | | building, or program and to any facility, building, or program | 13 | | supported in whole or in part by public funds. Prior to | 14 | | visiting a school, school building, or school facility, the | 15 | | parent, independent educational evaluator, or qualified | 16 | | professional may be required by the school district to inform | 17 | | the building principal or supervisor in writing of the | 18 | | proposed visit, the purpose of the visit, and the approximate | 19 | | duration of the visit. The visitor and the school district | 20 | | shall arrange the visit or visits at times that are mutually | 21 | | agreeable. Visitors shall comply with school safety, security, | 22 | | and visitation policies at all times. School district | 23 | | visitation policies must not conflict with this subsection | 24 | | (g-5). Visitors shall be required to comply with the | 25 | | requirements of applicable privacy laws, including those laws | 26 | | protecting the confidentiality of education records such as |
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| 1 | | the federal Family Educational Rights and Privacy Act and the | 2 | | Illinois School Student Records Act. The visitor shall not | 3 | | disrupt the educational process. | 4 | | (1) A parent must be afforded reasonable access of | 5 | | sufficient duration and scope for the purpose of observing | 6 | | his or her child in the child's current educational | 7 | | placement, services, or program or for the purpose of | 8 | | visiting an educational placement or program proposed for | 9 | | the child. | 10 | | (2) An independent educational evaluator or a | 11 | | qualified professional retained by or on behalf of a | 12 | | parent or child must be afforded reasonable access of | 13 | | sufficient duration and scope for the purpose of | 14 | | conducting an evaluation of the child, the child's | 15 | | performance, the child's current educational program, | 16 | | placement, services, or environment, or any educational | 17 | | program, placement, services, or environment proposed for | 18 | | the child, including interviews of educational personnel, | 19 | | child observations, assessments, tests or assessments of | 20 | | the child's educational program, services, or placement or | 21 | | of any proposed educational program, services, or | 22 | | placement. If one or more interviews of school personnel | 23 | | are part of the evaluation, the interviews must be | 24 | | conducted at a mutually agreed upon time, date, and place | 25 | | that do not interfere with the school employee's school | 26 | | duties. The school district may limit interviews to |
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| 1 | | personnel having information relevant to the child's | 2 | | current educational services, program, or placement or to | 3 | | a proposed educational service, program, or placement.
| 4 | | (h) In the development of the individualized education | 5 | | program or federal Section 504 plan for a student, if the | 6 | | student needs extra accommodation during emergencies, | 7 | | including natural disasters or an active shooter situation, | 8 | | then that accommodation shall be taken into account when | 9 | | developing the student's individualized education program or | 10 | | federal Section 504 plan. | 11 | | (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; | 12 | | 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | 13 | | 5-13-22; 102-1072, eff. 6-10-22.)
| 14 | | Section 10. The School Safety Drill Act is amended by | 15 | | changing Section 20 as follows: | 16 | | (105 ILCS 128/20) | 17 | | Sec. 20. Number of drills; incidents covered; local | 18 | | authority participation.
| 19 | | (a) During each academic year, schools must conduct a | 20 | | minimum of 3 school evacuation drills to address and prepare | 21 | | students and school personnel for fire incidents. These drills | 22 | | must meet all of the following criteria: | 23 | | (1) One of the 3 school evacuation drills shall | 24 | | require the participation of the appropriate local fire |
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| 1 | | department or district. | 2 | | (A) Each local fire department or fire district | 3 | | must contact the appropriate school administrator or | 4 | | his or her designee no later than September 1 of each | 5 | | year in order to arrange for the participation of the | 6 | | department or district in the school evacuation drill. | 7 | | (B) Each school administrator or his or her | 8 | | designee must contact the responding local fire | 9 | | official no later than September 15 of each year and | 10 | | propose to the local fire official 4 dates within the | 11 | | month of October, during at least 2 different weeks of | 12 | | October, on which the drill shall occur. The fire | 13 | | official may choose any of the 4 available dates, and | 14 | | if he or she does so, the drill shall occur on that | 15 | | date. | 16 | | (C) The school administrator or his or her | 17 | | designee and the local fire official may also, by | 18 | | mutual agreement, set any other date for the drill, | 19 | | including a date outside of the month of October. | 20 | | (D) If the fire official does not select one of the | 21 | | 4 offered dates in October or set another date by | 22 | | mutual agreement, the requirement that the school | 23 | | include the local fire service in one of its mandatory | 24 | | school evacuation drills shall be waived. Schools, | 25 | | however, shall continue to be strongly encouraged to | 26 | | include the fire service in a school evacuation drill |
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| 1 | | at a mutually agreed-upon time. | 2 | | (E) Upon the participation of the local fire | 3 | | service, the appropriate local fire official shall | 4 | | certify that the school evacuation drill was | 5 | | conducted. | 6 | | (F) When scheduling the school evacuation drill, | 7 | | the school administrator or his or her designee and | 8 | | the local fire department or fire district may, by | 9 | | mutual agreement on or before September 14, choose to | 10 | | waive the provisions of subparagraphs (B), (C), and | 11 | | (D) of this paragraph (1). | 12 | | Additional school evacuation drills for fire incidents | 13 | | may involve the participation of the appropriate local | 14 | | fire department or district. | 15 | | (2) Schools may conduct additional school evacuation | 16 | | drills to account for other evacuation incidents, | 17 | | including without limitation suspicious items or bomb | 18 | | threats. | 19 | | (3) All drills shall be conducted at each school | 20 | | building that houses school children. | 21 | | (b) During each academic year, schools must conduct a | 22 | | minimum of one bus evacuation drill. This drill shall be | 23 | | accounted for in the curriculum in all public schools and in | 24 | | all other educational institutions in this State that are | 25 | | supported or maintained, in whole or in part, by public funds | 26 | | and that provide instruction in any of the grades kindergarten |
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| 1 | | through 12. This curriculum shall include instruction in safe | 2 | | bus riding practices for all students. Schools may conduct | 3 | | additional bus evacuation drills. All drills shall be | 4 | | conducted at each school building that houses school children. | 5 | | (b-5) Notwithstanding the minimum requirements established | 6 | | by this Act, private schools that do not utilize a bus to | 7 | | transport students for any purpose are exempt from subsection | 8 | | (b) of this Section, provided that the chief school | 9 | | administrator of the private school provides written assurance | 10 | | to the State Board of Education that the private school does | 11 | | not plan to utilize a bus to transport students for any purpose | 12 | | during the current academic year. The assurance must be made | 13 | | on a form supplied by the State Board of Education and filed no | 14 | | later than October 15. If a private school utilizes a bus to | 15 | | transport students for any purpose during an academic year | 16 | | when an assurance pursuant to this subsection (b-5) has been | 17 | | filed with the State Board of Education, the private school | 18 | | shall immediately notify the State Board of Education and | 19 | | comply with subsection (b) of this Section no later than 30 | 20 | | calendar days after utilization of the bus to transport | 21 | | students, except that, at the discretion of the private | 22 | | school, students chosen for participation in the bus | 23 | | evacuation drill need include only the subgroup of students | 24 | | that are utilizing bus transportation. | 25 | | (c) During each academic year, schools must conduct a law | 26 | | enforcement lockdown drill to address a school shooting |
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| 1 | | incident. No later than 90 days after the first day of each | 2 | | school year, schools must conduct at least one law enforcement | 3 | | lockdown drill that addresses an active threat or an active | 4 | | shooter within a school building. Such drills must be | 5 | | conducted according to the school district's or private | 6 | | school's emergency and crisis response plans, protocols, and | 7 | | procedures to evaluate the preparedness of school personnel | 8 | | and students. Law enforcement lockdown drills must be | 9 | | conducted on days and times when students are normally present | 10 | | in the school building and must involve participation from all | 11 | | school personnel and students present at school at the time of | 12 | | the lockdown drill, except that administrators or school | 13 | | support personnel in their discretion may exempt students from | 14 | | the lockdown drill. The appropriate local law enforcement | 15 | | agency shall observe the administration of the lockdown drill. | 16 | | All drills must be conducted at each school building that | 17 | | houses school children. | 18 | | (1) A law enforcement lockdown drill must meet all of | 19 | | the following criteria: | 20 | | (A) During each calendar year, the appropriate | 21 | | local law enforcement agency shall contact the | 22 | | appropriate school administrator to request to | 23 | | participate in a law enforcement lockdown drill. The | 24 | | school administrator and local law enforcement agency | 25 | | shall set, by mutual agreement, a date for the | 26 | | lockdown drill. |
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| 1 | | (A-5) The lockdown drill shall require the on-site | 2 | | participation of the local law enforcement agency. If | 3 | | a mutually agreeable date cannot be reached between | 4 | | the school administrator and the appropriate local law | 5 | | enforcement agency, then the school shall still hold | 6 | | the lockdown drill without participation from the | 7 | | agency. | 8 | | (B) Upon the participation of a local law | 9 | | enforcement agency in a law enforcement lockdown | 10 | | drill, the appropriate local law enforcement official | 11 | | shall certify that the law enforcement lockdown drill | 12 | | was conducted and notify the school in a timely manner | 13 | | of any deficiencies noted during the drill. | 14 | | (C) The lockdown drill must not include | 15 | | simulations that mimic an actual school shooting | 16 | | incident or active shooter event. | 17 | | (D) All lockdown drills must be announced in | 18 | | advance to all school personnel and students prior to | 19 | | the commencement of the drill. | 20 | | (E) Lockdown drill content must be age appropriate | 21 | | and developmentally appropriate. | 22 | | (F) Lockdown drills must include and involve | 23 | | school personnel, including school-based mental health | 24 | | professionals. | 25 | | (G) Lockdown drills must include trauma-informed | 26 | | approaches to address the concerns and well-being of |
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| 1 | | students and school personnel. | 2 | | (2) Schools may conduct additional law enforcement | 3 | | drills at their discretion. | 4 | | (3) (Blank). | 5 | | (4) School administrators and school support personnel | 6 | | may, in their discretion, exempt a student or students | 7 | | from participating in a walk-through lockdown drill. When | 8 | | deciding whether to exempt a student from participating in | 9 | | a walk-through lockdown drill, the administrator and | 10 | | school support personnel shall include the student's | 11 | | individualized education program team or federal Section | 12 | | 504 plan team in the decision to exempt the student from | 13 | | participating. | 14 | | (5) Schools must provide sufficient information and | 15 | | notification to parents and guardians in advance of any | 16 | | walk-through lockdown drill that involves the | 17 | | participation of students. Schools must also provide to | 18 | | parents and guardians an opportunity to exempt their child | 19 | | for any reason from participating in the walk-through | 20 | | lockdown drill. | 21 | | (6) Schools must provide alternative safety education | 22 | | and instruction related to an active threat or active | 23 | | shooter event to students who do not participate in a
| 24 | | walk-through lockdown drill to provide them with essential | 25 | | information, training, and instruction through less | 26 | | sensorial safety training methods. |
| | | HB3680 Enrolled | - 22 - | LRB103 30463 RJT 56896 b |
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| 1 | | (7) During the drill, students must be allowed to ask | 2 | | questions related to the drill. | 3 | | (8) Law enforcement may choose to run an active | 4 | | shooter simulation, including simulated gun fire drills, | 5 | | but only on school days when students are not present. | 6 | | Parental notification is not required for drills conducted | 7 | | pursuant to this paragraph (8) if students are not | 8 | | required to be present. | 9 | | (d) During each academic year, schools must conduct a | 10 | | minimum of one severe weather and shelter-in-place drill to | 11 | | address and prepare students and school personnel for possible | 12 | | tornado incidents and may conduct additional severe weather | 13 | | and shelter-in-place drills to account for other incidents, | 14 | | including without limitation earthquakes or hazardous | 15 | | materials. All drills shall be conducted at each school | 16 | | building that houses school children.
| 17 | | (Source: P.A. 102-395, eff. 8-16-21.)
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