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.