HB4443 103RD GENERAL ASSEMBLY

LRB103 33377 RJT 63189 b

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.

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Safety Drill Act is amended by changing Section 20 as follows:

(105 ILCS 128/20)

(Text of Section before amendment by P.A. 103-197)

Sec. 20. Number of drills; incidents covered; local authority participation.

(a) During each academic year, schools must conduct a minimum of 3 school evacuation drills to address and prepare students and school personnel for fire incidents. These drills must meet all of the following criteria:

(1) One of the 3 school evacuation drills shall require the participation of the appropriate local fire department or district.

(A) Each local fire department or fire district must contact the appropriate school administrator or his or her designee no later than September 1 of each year in order to arrange for the participation of the department or district in the school evacuation drill.

(B) Each school administrator or his or her designee must contact the responding local fire official no later than September 15 of each year and propose to the local fire official 4 dates within the month of October, during at least 2 different weeks of October, on which the drill shall occur. The fire official may choose any of the 4 available dates, and if he or she does so, the drill shall occur on that date.

(C) The school administrator or his or her designee and the local fire official may also, by mutual agreement, set any other date for the drill, including a date outside of the month of October.

(D) If the fire official does not select one of the 4 offered dates in October or set another date by mutual agreement, the requirement that the school include the local fire service in one of its mandatory school evacuation drills shall be waived. Schools, however, shall continue to be strongly encouraged to include the fire service in a school evacuation drill at a mutually agreed-upon time.

(E) Upon the participation of the local fire service, the appropriate local fire official shall certify that the school evacuation drill was conducted.

(F) When scheduling the school evacuation drill, the school administrator or his or her designee and the local fire department or fire district may, by mutual agreement on or before September 14, choose to waive the provisions of subparagraphs (B), (C), and (D) of this paragraph (1).

Additional school evacuation drills for fire incidents may involve the participation of the appropriate local fire department or district.

(2) Schools may conduct additional school evacuation drills to account for other evacuation incidents, including without limitation suspicious items or bomb threats.

(3) All drills shall be conducted at each school building that houses school children.

(b) During each academic year, schools must conduct a minimum of one bus evacuation drill. This drill shall be accounted for in the curriculum in all public schools and in all other educational institutions in this State that are supported or maintained, in whole or in part, by public funds and that provide instruction in any of the grades kindergarten through 12. This curriculum shall include instruction in safe bus riding practices for all students. Schools may conduct additional bus evacuation drills. All drills shall be conducted at each school building that houses school children.

(b-5) Notwithstanding the minimum requirements established by this Act, private schools that do not utilize a bus to transport students for any purpose are exempt from subsection (b) of this Section, provided that the chief school administrator of the private school provides written assurance to the State Board of Education that the private school does not plan to utilize a bus to transport students for any purpose during the current academic year. The assurance must be made on a form supplied by the State Board of Education and filed no later than October 15. If a private school utilizes a bus to transport students for any purpose during an academic year when an assurance pursuant to this subsection (b-5) has been filed with the State Board of Education, the private school shall immediately notify the State Board of Education and comply with subsection (b) of this Section no later than 30 calendar days after utilization of the bus to transport students, except that, at the discretion of the private school, students chosen for participation in the bus evacuation drill need include only the subgroup of students that are utilizing bus transportation.

(c) During each academic year, schools must conduct a law enforcement lockdown drill to address a school shooting incident. No later than 90 days after the first day of each school year, schools must conduct at least one law enforcement lockdown drill that addresses an active threat or an active shooter within a school building. Such drills must be conducted according to the school district's or private school's emergency and crisis response plans, protocols, and procedures to evaluate the preparedness of school personnel and students. Law enforcement lockdown drills must be conducted on days and times when students are normally present in the school building and must involve participation from all school personnel and students present at school at the time of the lockdown drill, except that administrators or school support personnel in their discretion may exempt students from the lockdown drill. The appropriate local law enforcement agency shall observe the administration of the lockdown drill. All drills must be conducted at each school building that houses school children.

(1) A law enforcement lockdown drill must meet all of the following criteria:

(A) During each calendar year, the appropriate local law enforcement agency shall contact the appropriate school administrator to request to participate in a law enforcement lockdown drill. The school administrator and local law enforcement agency shall set, by mutual agreement, a date for the lockdown drill.

(A-5) The lockdown drill shall require the on-site participation of the local law enforcement agency. If a mutually agreeable date cannot be reached between the school administrator and the appropriate local law enforcement agency, then the school shall still hold the lockdown drill without participation from the agency.

(B) Upon the participation of a local law enforcement agency in a law enforcement lockdown drill, the appropriate local law enforcement official shall certify that the law enforcement lockdown drill was conducted and notify the school in a timely manner of any deficiencies noted during the drill.

(C) The lockdown drill must not include simulations that mimic an actual school shooting incident or active shooter event.

(D) All lockdown drills must be announced in advance to all school personnel and students prior to the commencement of the drill.

(E) Lockdown drill content must be age appropriate and developmentally appropriate.

(F) Lockdown drills must include and involve school personnel, including school-based mental health professionals.

(G) Lockdown drills must include trauma-informed approaches to address the concerns and well-being of students and school personnel.

(H) The lockdown drill must not be conducted on the day of or within 2 days before a school-administered standardized test.

(2) Schools may conduct additional law enforcement drills at their discretion.

(3) (Blank).

(4) School administrators and school support personnel may, in their discretion, exempt a student or students from participating in a walk-through lockdown drill.

(5) Schools must provide sufficient information and notification to parents and guardians in advance of any walk-through lockdown drill that involves the participation of students. Schools must also provide to parents and guardians an opportunity to exempt their child for any reason from participating in the walk-through lockdown drill.

(6) Schools must provide alternative safety education and instruction related to an active threat or active shooter event to students who do not participate in a walk-through lockdown drill to provide them with essential information, training, and instruction through less sensorial safety training methods.

(7) During the drill, students must be allowed to ask questions related to the drill.

(8) Law enforcement may choose to run an active shooter simulation, including simulated gun fire drills, but only on school days when students are not present. Parental notification is not required for drills conducted pursuant to this paragraph (8) if students are not required to be present.

(d) During each academic year, schools must conduct a minimum of one severe weather and shelter-in-place drill to address and prepare students and school personnel for possible tornado incidents and may conduct additional severe weather and shelter-in-place drills to account for other incidents, including without limitation earthquakes or hazardous materials. All drills shall be conducted at each school building that houses school children.

(Source: P.A. 102-395, eff. 8-16-21.)

(Text of Section after amendment by P.A. 103-197)

Sec. 20. Number of drills; incidents covered; local authority participation.

(a) During each academic year, schools must conduct a minimum of 3 school evacuation drills to address and prepare students and school personnel for fire incidents. These drills must meet all of the following criteria:

(1) One of the 3 school evacuation drills shall require the participation of the appropriate local fire department or district.

(A) Each local fire department or fire district must contact the appropriate school administrator or his or her designee no later than September 1 of each year in order to arrange for the participation of the department or district in the school evacuation drill.

(B) Each school administrator or his or her designee must contact the responding local fire official no later than September 15 of each year and propose to the local fire official 4 dates within the month of October, during at least 2 different weeks of October, on which the drill shall occur. The fire official may choose any of the 4 available dates, and if he or she does so, the drill shall occur on that date.

(C) The school administrator or his or her designee and the local fire official may also, by mutual agreement, set any other date for the drill, including a date outside of the month of October.

(D) If the fire official does not select one of the 4 offered dates in October or set another date by mutual agreement, the requirement that the school include the local fire service in one of its mandatory school evacuation drills shall be waived. Schools, however, shall continue to be strongly encouraged to include the fire service in a school evacuation drill at a mutually agreed-upon time.

(E) Upon the participation of the local fire service, the appropriate local fire official shall certify that the school evacuation drill was conducted.

(F) When scheduling the school evacuation drill, the school administrator or his or her designee and the local fire department or fire district may, by mutual agreement on or before September 14, choose to waive the provisions of subparagraphs (B), (C), and (D) of this paragraph (1).

Additional school evacuation drills for fire incidents may involve the participation of the appropriate local fire department or district.

(2) Schools may conduct additional school evacuation drills to account for other evacuation incidents, including without limitation suspicious items or bomb threats.

(3) All drills shall be conducted at each school building that houses school children.

(b) During each academic year, schools must conduct a minimum of one bus evacuation drill. This drill shall be accounted for in the curriculum in all public schools and in all other educational institutions in this State that are supported or maintained, in whole or in part, by public funds and that provide instruction in any of the grades kindergarten through 12. This curriculum shall include instruction in safe bus riding practices for all students. Schools may conduct additional bus evacuation drills. All drills shall be conducted at each school building that houses school children.

(b-5) Notwithstanding the minimum requirements established by this Act, private schools that do not utilize a bus to transport students for any purpose are exempt from subsection (b) of this Section, provided that the chief school administrator of the private school provides written assurance to the State Board of Education that the private school does not plan to utilize a bus to transport students for any purpose during the current academic year. The assurance must be made on a form supplied by the State Board of Education and filed no later than October 15. If a private school utilizes a bus to transport students for any purpose during an academic year when an assurance pursuant to this subsection (b-5) has been filed with the State Board of Education, the private school shall immediately notify the State Board of Education and comply with subsection (b) of this Section no later than 30 calendar days after utilization of the bus to transport students, except that, at the discretion of the private school, students chosen for participation in the bus evacuation drill need include only the subgroup of students that are utilizing bus transportation.

(c) During each academic year, schools must conduct a law enforcement lockdown drill to address a school shooting incident. No later than 90 days after the first day of each school year, schools must conduct at least one law enforcement lockdown drill that addresses an active threat or an active shooter within a school building. Such drills must be conducted according to the school district's or private school's emergency and crisis response plans, protocols, and procedures to evaluate the preparedness of school personnel and students. Law enforcement lockdown drills must be conducted on days and times when students are normally present in the school building and must involve participation from all school personnel and students present at school at the time of the lockdown drill, except that administrators or school support personnel in their discretion may exempt students from the lockdown drill. The appropriate local law enforcement agency shall observe the administration of the lockdown drill. All drills must be conducted at each school building that houses school children.

(1) A law enforcement lockdown drill must meet all of the following criteria:

(A) During each calendar year, the appropriate local law enforcement agency shall contact the appropriate school administrator to request to participate in a law enforcement lockdown drill. The school administrator and local law enforcement agency shall set, by mutual agreement, a date for the lockdown drill.

(A-5) The lockdown drill shall require the on-site participation of the local law enforcement agency. If a mutually agreeable date cannot be reached between the school administrator and the appropriate local law enforcement agency, then the school shall still hold the lockdown drill without participation from the agency.

(B) Upon the participation of a local law enforcement agency in a law enforcement lockdown drill, the appropriate local law enforcement official shall certify that the law enforcement lockdown drill was conducted and notify the school in a timely manner of any deficiencies noted during the drill.

(C) The lockdown drill must not include simulations that mimic an actual school shooting incident or active shooter event.

(D) All lockdown drills must be announced in advance to all school personnel and students prior to the commencement of the drill.

(E) Lockdown drill content must be age appropriate and developmentally appropriate.

(F) Lockdown drills must include and involve school personnel, including school-based mental health professionals.

(G) Lockdown drills must include trauma-informed approaches to address the concerns and well-being of students and school personnel.

(H) The lockdown drill must not be conducted on the day of or within 2 days before a school-administered standardized test.

(2) Schools may conduct additional law enforcement drills at their discretion.

(3) (Blank).

(4) School administrators and school support personnel may, in their discretion, exempt a student or students from participating in a walk-through lockdown drill. When deciding whether to exempt a student from participating in a walk-through lockdown drill, the administrator and school support personnel shall include the student's individualized education program team or federal Section 504 plan team in the decision to exempt the student from participating.

(5) Schools must provide sufficient information and notification to parents and guardians in advance of any walk-through lockdown drill that involves the participation of students. Schools must also provide to parents and guardians an opportunity to exempt their child for any reason from participating in the walk-through lockdown drill.

(6) Schools must provide alternative safety education and instruction related to an active threat or active shooter event to students who do not participate in a walk-through lockdown drill to provide them with essential information, training, and instruction through less sensorial safety training methods.

(7) During the drill, students must be allowed to ask questions related to the drill.

(8) Law enforcement may choose to run an active shooter simulation, including simulated gun fire drills, but only on school days when students are not present. Parental notification is not required for drills conducted pursuant to this paragraph (8) if students are not required to be present.

(d) During each academic year, schools must conduct a minimum of one severe weather and shelter-in-place drill to address and prepare students and school personnel for possible tornado incidents and may conduct additional severe weather and shelter-in-place drills to account for other incidents, including without limitation earthquakes or hazardous materials. All drills shall be conducted at each school building that houses school children.

(Source: P.A. 102-395, eff. 8-16-21; 103-197, eff. 1-1-24.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.