Public Act 93-0633

SB1957 Enrolled                      LRB093 08907 RCE 09139 b

    AN ACT in relation to education.

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

    Section  5.   The  School  Code  is  amended  by changing
Sections 10-21.3a and 34-18.24 and adding Section 2-3.131  as
follows:

    (105 ILCS 5/2-3.131 new)
    Sec. 2-3.131.  Persistently dangerous schools.  The State
Board  of Education shall maintain data and publish a list of
persistently dangerous schools on an annual basis.

    (105 ILCS 5/10-21.3a)
    Sec. 10-21.3a.  Transfer of students.
    (a)  Each school board shall establish  and  implement  a
policy   governing   the  transfer  of  a  student  from  one
attendance center to another within the school district  upon
the  request of the student's parent or guardian. Any request
by a parent or guardian to transfer his or her child from one
attendance center  to  another  within  the  school  district
pursuant  to  Section  1116  of  the  federal  Elementary and
Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be
made no later than 30  days  after  the  parent  or  guardian
receives  notice  of  the  right to transfer pursuant to that
law. A student may not  transfer  to  any  of  the  following
attendance  centers,  except  by  change  in residence if the
policy  authorizes  enrollment  based  on  residence  in   an
attendance  area  or  unless  approved  by  the  board  on an
individual basis:
         (1)  An attendance  center  that  exceeds  or  as  a
    result  of  the  transfer  would  exceed  its  attendance
    capacity.
         (2)  An  attendance  center  for which the board has
    established  academic  criteria  for  enrollment  if  the
    student does not meet the  criteria,  provided  that  the
    transfer  must  be  permitted if the attendance center is
    the only attendance center serving  the  student's  grade
    that  has  not  been  identified  for school improvement,
    corrective action, or restructuring under Section 1116 of
    the federal Elementary and  Secondary  Education  Act  of
    1965 (20 U.S.C. Sec. 6317).
         (3)  Any  attendance  center  if  the transfer would
    prevent the school district from meeting its  obligations
    under  a  State  or  federal law, court order, or consent
    decree applicable to the school district.
    (b)  Each school board shall establish  and  implement  a
policy  governing  the  transfer  of students within a school
district from a  persistently  dangerous  school  to  another
public  school  in  that  district  that  is not deemed to be
persistently  dangerous.  In  order  to   be   considered   a
persistently  dangerous  school,  the school must meet all of
the following criteria for 2 consecutive years:
         (1)  Have greater than 3% of the  students  enrolled
    in the school expelled for violence-related conduct.
         (2)  Have one or more students expelled for bringing
    a firearm to school as defined in 18 U.S.C. 921.
         (3)  Have  at  least  3% of the students enrolled in
    the school exercise the  individual  option  to  transfer
    schools pursuant to subsection (c) of this Section.
    (c)  A  student  may  transfer  from one public school to
another public school in that district if the  student  is  a
victim  of  a  violent  crime  as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act.  The violent crime
must have occurred on school grounds  during  regular  school
hours or during a school-sponsored event.
    (d)  Transfers  made  pursuant to subsections (b) and (c)
of this Section shall be made in compliance with the  federal
No Child Left Behind Act of 2001 (Public Law 107-110).
(Source: P.A. 92-604, eff. 7-1-02.)

    (105 ILCS 5/34-18.24)
    Sec. 34-18.24 34-18.23.  Transfer of students.
    (a)  The  board  shall  establish  and implement a policy
governing the transfer  of  a  student  from  one  attendance
center to another within the school district upon the request
of  the student's parent or guardian. Any request by a parent
or guardian to transfer his or her child from one  attendance
center  to  another  within  the  school district pursuant to
Section  1116  of  the  federal  Elementary   and   Secondary
Education  Act  of 1965 (20 U.S.C. Sec. 6317) must be made no
later than 30 days after  the  parent  or  guardian  receives
notice  of  the  right  to  transfer  pursuant to that law. A
student may not transfer to any of the  following  attendance
centers,   except  by  change  in  residence  if  the  policy
authorizes enrollment based on  residence  in  an  attendance
area or unless approved by the board on an individual basis:
         (1)  An  attendance  center  that  exceeds  or  as a
    result  of  the  transfer  would  exceed  its  attendance
    capacity.
         (2)  An attendance center for which  the  board  has
    established  academic  criteria  for  enrollment  if  the
    student  does  not  meet  the criteria, provided that the
    transfer must be permitted if the  attendance  center  is
    the  only  attendance  center serving the student's grade
    that has not  been  identified  for  school  improvement,
    corrective action, or restructuring under Section 1116 of
    the  federal  Elementary  and  Secondary Education Act of
    1965 (20 U.S.C. Sec. 6317).
         (3)  Any attendance center  if  the  transfer  would
    prevent  the school district from meeting its obligations
    under a State or federal law,  court  order,  or  consent
    decree applicable to the school district.
    (b)  The  board  shall  establish  and implement a policy
governing the transfer of students within the school district
from a persistently dangerous attendance  center  to  another
attendance  center  in that district that is not deemed to be
persistently  dangerous.  In  order  to   be   considered   a
persistently  dangerous  attendance  center,  the  attendance
center  must  meet  all  of  the  following  criteria  for  2
consecutive years:
         (1)  Have  greater  than 3% of the students enrolled
    in the attendance center  expelled  for  violence-related
    conduct.
         (2)  Have one or more students expelled for bringing
    a firearm to school as defined in 18 U.S.C. 921.
         (3)  Have  at  least  3% of the students enrolled in
    the attendance center exercise the individual  option  to
    transfer attendance centers pursuant to subsection (c) of
    this Section.
    (c)  A student may transfer from one attendance center to
another  attendance center within the district if the student
is a victim of a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act.  The violent crime
must have occurred on school grounds  during  regular  school
hours or during a school-sponsored event.
    (d)  Transfers  made  pursuant to subsections (b) and (c)
of this Section shall be made in compliance with the  federal
No Child Left Behind Act of 2001 (Public Law 107-110).
(Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.27 as follows:

    (30 ILCS 805/8.27 new)
    Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 93rd General Assembly.

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.