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Public Act 91-0491
HB0878 Enrolled LRB9104956NTsb
AN ACT concerning school safety, amending named Acts.
WHEREAS, The Children of Illinois should be learning in
school environments that are safe and free of harm or threat
of harm; and
WHEREAS, Schools are responsible for creating safe
learning environments for children; and
WHEREAS, Schools can play an essential role in preventing
and intervening to stop violence in the lives of children;
and
WHEREAS, Many schools need resources to implement safety
and violence prevention measures; therefore
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 3-11, 10-21.7, and 10-27.1A and adding Sections
2-3.126, 10-20.31, 10-27.1B, 22-26, and 34-18.18 as follows:
(105 ILCS 5/2-3.126 new)
Sec. 2-3.126. School safety assessment audit. The State
Board of Education shall, in cooperation with the Task Force
on School Safety and utilizing any of its manuals or resource
guides, develop uniform criteria to be implemented in school
safety plans. Using these criteria, the State Board of
Education shall develop a school safety assessment audit,
which shall be distributed to all public schools.
(105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
Sec. 3-11. Institutes or inservice training workshops.
In counties of less than 2,000,000 inhabitants, the regional
superintendent may arrange for or conduct district, regional,
or county institutes, or equivalent professional educational
experiences, not more than 4 days annually. Of those 4 days,
2 days may be used as a teacher's workshop, when approved by
the regional superintendent, up to 2 days may be used for
conducting parent-teacher conferences or up to 2 days may be
utilized as parental institute days as provided in Section
10-22.18d. A school district may use one of its 4 institute
days on the last day of the school term. "Institute" or
"Professional educational experiences" means any educational
gathering, demonstration of methods of instruction,
visitation of schools or other institutions or facilities, or
sexual abuse and sexual assault awareness seminar held or
approved by the regional superintendent and declared by him
to be an institute day, or parent-teacher conferences. With
the concurrence of the State Superintendent of Education, he
or she may employ such assistance as is necessary to conduct
the institute. Two or more adjoining counties may jointly
hold an institute. Institute instruction shall be free to
holders of certificates good in the county or counties
holding the institute, and to those who have paid an
examination fee and failed to receive a certificate.
In counties of 2,000,000 or more inhabitants, the
regional superintendent may arrange for or conduct district,
regional, or county inservice training workshops, or
equivalent professional educational experiences, not more
than 4 days annually. Of those 4 days, 2 days may be used for
conducting parent-teacher conferences and up to 2 days may be
utilized as parental institute days as provided in Section
10-22.18d. A school district may use one of those 4 days on
the last day of the school term. "Inservice Training
Workshops" or "Professional educational experiences" means
any educational gathering, demonstration of methods of
instruction, visitation of schools or other institutions or
facilities, or sexual abuse and sexual assault awareness
seminar held or approved by the regional superintendent and
declared by him to be an inservice training workshop, or
parent-teacher conferences. With the concurrence of the
State Superintendent of Education, he may employ such
assistance as is necessary to conduct the inservice training
workshop. With the approval of the regional superintendent,
2 or more adjoining districts may jointly hold an inservice
training workshop. In addition, with the approval of the
regional superintendent, one district may conduct its own
inservice training workshop with subject matter consultants
requested from the county, State or any State institution of
higher learning.
Such teachers institutes as referred to in this Section
may be held on consecutive or separate days at the option of
the regional superintendent having jurisdiction thereof.
Whenever reference is made in this Act to "teachers
institute", it shall be construed to include the inservice
training workshops or equivalent professional educational
experiences provided for in this Section.
Any institute advisory committee existing on April 1,
1995, is dissolved and the duties and responsibilities of the
institute advisory committee are assumed by the regional
office of education advisory board.
Districts providing inservice training programs shall
constitute inservice committees, 1/2 of which shall be
teachers, 1/4 school service personnel and 1/4 administrators
to establish program content and schedules.
The teachers institutes shall include teacher training
committed to peer counseling programs and other anti-violence
and conflict resolution programs, including without
limitation programs for preventing at risk students from
committing violent acts.
(Source: P.A. 88-89; 89-335, eff. 1-1-96.)
(105 ILCS 5/10-20.31 new)
Sec. 10-20.31. School safety assessment audit; safety
plan. The school board shall require schools, subject to the
award of a grant by the State Board of Education, to complete
a school safety assessment audit, as developed by the State
Board of Education pursuant to Section 2-3.126, and to
develop a written safety plan or revise their current safety
plan to implement the criteria developed by the State Board
of Education, in cooperation with the Task Force on School
Safety, as specified in the school safety assessment audit.
The plan shall be subject to approval by the school board.
Once approved, the school shall file the plan with the State
Board of Education and the regional superintendent of
schools. The State Board of Education shall provide, subject
to appropriation, grants for the purposes of this Section.
(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
Sec. 10-21.7. Attacks on school personnel.
(a) In the Section, "school" means any public or private
elementary or secondary school.
(b) Upon receipt of a written complaint from any school
personnel, the superintendent, or other appropriate
administrative officer for a private school, shall report all
incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support
personnel to the local law enforcement authorities
immediately no later than 24 hours after the occurrence of
the attack and to the Department of State Police's Illinois
Uniform Crime Reporting Program no later than 3 days after
the occurrence of the attack. The State Board of Education
shall receive monthly as well as annual statistical
compilations of attacks on school personnel from the
Department of State Police through the Illinois Uniform Crime
Reporting Program. The State Board of Education shall compile
this information by school district and make it available to
the public.
(Source: P.A. 85-1420.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Reporting Firearms in schools.
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision
of the school official or the school official. If the
health, safety, or welfare of students under the direct
supervision of the school official or of the school official
is immediately endangered, the school official shall notify
the office of the principal as soon as the students under his
or her supervision and he or she are no longer under
immediate danger. A report is not required by this Section
when the school official knows that the person in possession
of the firearm is a law enforcement official engaged in the
conduct of his or her official duties. Any school official
acting in good faith who makes such a report under this
Section shall have immunity from any civil or criminal
liability that might otherwise be incurred as a result of
making the report. The identity of the school official
making such report shall not be disclosed except as expressly
and specifically authorized by law. Knowingly and willfully
failing to comply with this Section is a petty offense. A
second or subsequent offense is a Class C misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately
notify that student's parent or guardian. Any principal or
his or her designee acting in good faith who makes such
reports under this Section shall have immunity from any civil
or criminal liability that might otherwise be incurred or
imposed as a result of making the reports. Knowingly and
willfully failing to comply with this Section is a petty
offense. A second or subsequent offense is a Class C
misdemeanor. If the person found to be in possession of the
firearm on school grounds is a minor, the law enforcement
agency shall detain that minor until such time as the agency
makes a determination pursuant to clause (a) of subsection
(1) of Section 5-401 of the Juvenile Court Act of 1987, as to
whether the agency reasonably believes that the minor is
delinquent. If the law enforcement agency determines that
probable cause exists to believe that the minor committed a
violation of item (4) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 while on school grounds, the agency
shall detain the minor for processing pursuant to Section
5-407 of the Juvenile Court Act of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school
personnel regarding a verified incident involving a firearm
in a school or on school owned or leased property, including
any conveyance owned, leased, or used by the school for the
transport of students or school personnel, the superintendent
or his or her designee shall report all such firearm-related
incidents occurring in a school or on school property to the
local law enforcement authorities immediately no later than
24 hours after the occurrence of the incident and to the
Department of State Police in a form, manner, and frequency
as prescribed by the Department of State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Department
of State Police. The State Board of Education shall compile
this information by school district and make it available to
the public.
(d) As used in this Section, the term "firearm" shall
have the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 89-498, eff. 6-27-96.)
(105 ILCS 5/10-27.1B new)
Sec. 10-27.1B. Reporting drug-related incidents in
schools.
(a) In this Section:
"Drug" means "cannabis" as defined under subsection (a)
of Section 3 of the Cannabis Control Act or "narcotic drug"
as defined under subsection (aa) of Section 102 of the
Illinois Controlled Substances Act.
"School" means any public or private elementary or
secondary school.
(b) Upon receipt of any written, electronic, or verbal
report from any school personnel regarding a verified
incident involving drugs in a school or on school owned or
leased property, including any conveyance owned, leased, or
used by the school for the transport of students or school
personnel, the superintendent or his or her designee, or
other appropriate administrative officer for a private
school, shall report all such drug-related incidents
occurring in a school or on school property to the local law
enforcement authorities immediately and to the Department of
State Police in a form, manner, and frequency as prescribed
by the Department of State Police.
(c) The State Board of Education shall receive an annual
statistical compilation and related data associated with
drug-related incidents in schools from the Department of
State Police. The State Board of Education shall compile
this information by school district and make it available to
the public.
(105 ILCS 5/22-26 new)
Sec. 22-26. Task Force on School Safety.
(a) The Task Force on School Safety is hereby created.
The Task Force shall consist of the following members:
(1) Two members of the Senate appointed by the
President of the Senate and one member of the Senate
appointed by the Minority Leader of the Senate.
(2) Two members of the House of Representatives
appointed by the Speaker of the House and one member of
the House of Representatives appointed by the Minority
Leader of the House.
(3) Two regional superintendents of schools
appointed by the State Superintendent of Education.
(4) One teacher who is a member of the Illinois
Federation of Teachers, appointed by the State
Superintendent of Education.
(5) One teacher who is a member of the Illinois
Education Association, appointed by the State
Superintendent of Education.
(6) One member of the Illinois Sheriffs'
Association appointed by the Governor.
(7) One member of the State's Attorneys Association
appointed by the Governor.
(8) One member of the Illinois Public Defenders
Association appointed by the Governor.
(9) One member of the Illinois Violence Prevention
Authority.
(10) One member appointed by the Governor.
(11) One member of the Illinois Principals
Association appointed by the Illinois Principals
Association.
(12) Two superintendents of school districts
appointed by the State Superintendent of Education.
(13) One member of the Office of the Illinois
Attorney General appointed by the Attorney General.
The Task Force shall meet initially at the call of the
Speaker of the House and the President of the Senate, shall
select one member as chairperson at its initial meeting, and
shall thereafter meet at the call of the chairperson.
(b) The Task Force shall identify and review all school
safety programs offered by schools and State agencies and
make recommendations of successful programs, including
without limitation peer mediation, and shall study
alternative education programs and their current status,
waiting lists, and capital needs. The Task Force shall, in
cooperation with the State Board of Education, develop
uniform criteria to be implemented in school safety plans.
The Task Force shall also make recommendations on the
streamlining, centralization, and coordination of school
safety resources and programs offered by various entities,
agencies, and governmental units. The Task Force shall
submit a report on its findings and recommendations to the
General Assembly and the Governor by January 1, 2000.
(c) This Section is repealed on January 2, 2000.
(105 ILCS 5/34-18.18 new)
Sec. 34-18.18. School safety assessment audit; safety
plan. The board of education shall require schools, subject
to the award of a grant by the State Board of Education, to
complete a school safety assessment audit, as developed by
the State Board of Education pursuant to Section 2-3.126, and
to develop a written safety plan or revise their current
safety plan to implement the criteria developed by the State
Board of Education, in cooperation with the Task Force on
School Safety, as specified in the school safety assessment
audit. The plan shall be subject to approval by the board of
education. Once approved, the school shall file the plan with
the State Board of Education and the regional superintendent
of schools. The State Board of Education shall provide,
subject to appropriation, grants for the purposes of this
Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
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