| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning health.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Lead | ||||||||||||||||||||||||||||
5 | in Schools Reporting Act. | ||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | ||||||||||||||||||||||||||||
7 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||||||
8 | "Lead inspector" means an individual who has been trained | ||||||||||||||||||||||||||||
9 | by a Department-approved training program and is licensed by | ||||||||||||||||||||||||||||
10 | the Department to conduct lead inspections; to sample for the | ||||||||||||||||||||||||||||
11 | presence of lead in paint, dust, soil, and water; and to | ||||||||||||||||||||||||||||
12 | conduct compliance investigations.
| ||||||||||||||||||||||||||||
13 | Section 10. Lead testing and reporting. On an annual basis, | ||||||||||||||||||||||||||||
14 | the Department of Public Health, in coordination with local | ||||||||||||||||||||||||||||
15 | departments of public health serving the City of Chicago, shall | ||||||||||||||||||||||||||||
16 | employ lead inspectors to test all public school facilities | ||||||||||||||||||||||||||||
17 | within the City of Chicago for the presence of lead in paint, | ||||||||||||||||||||||||||||
18 | dust, soil, and water. The results of this lead testing shall | ||||||||||||||||||||||||||||
19 | be transmitted to the State Board of Education for the purpose | ||||||||||||||||||||||||||||
20 | of inclusion in school report cards. The Department shall | ||||||||||||||||||||||||||||
21 | notify the State Board of Education if a lead level detected in | ||||||||||||||||||||||||||||
22 | the paint, dust, soil, or water at a public school facility in |
| |||||||
| |||||||
1 | the City of Chicago meets a level that the Department deems | ||||||
2 | unsafe, including, but not limited to, the current State or | ||||||
3 | federal action levels for lead in drinking water at the time | ||||||
4 | results are transmitted by the Department to the State Board of | ||||||
5 | Education. | ||||||
6 | Section 15. The School Code is amended by changing Sections | ||||||
7 | 10-17a and 34-18.24 as follows:
| ||||||
8 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
9 | Sec. 10-17a. State, school district, and school report | ||||||
10 | cards.
| ||||||
11 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
12 | school year, the State Board of Education, through the State | ||||||
13 | Superintendent of Education, shall prepare a State report card, | ||||||
14 | school district report cards, and school report cards, and | ||||||
15 | shall by the most economic means provide to each school
| ||||||
16 | district in this State, including special charter districts and | ||||||
17 | districts
subject to the provisions of Article 34, the report | ||||||
18 | cards for the school district and each of its schools. | ||||||
19 | (2) In addition to any information required by federal law, | ||||||
20 | the State Superintendent shall determine the indicators and | ||||||
21 | presentation of the school report card, which must include, at | ||||||
22 | a minimum, the most current data possessed by the State Board | ||||||
23 | of Education related to the following: | ||||||
24 | (A) school characteristics and student demographics, |
| |||||||
| |||||||
1 | including average class size, average teaching experience, | ||||||
2 | student racial/ethnic breakdown, and the percentage of | ||||||
3 | students classified as low-income; the percentage of | ||||||
4 | students classified as English learners; the percentage of | ||||||
5 | students who have individualized education plans or 504 | ||||||
6 | plans that provide for special education services; the | ||||||
7 | percentage of students who annually transferred in or out | ||||||
8 | of the school district; the per-pupil operating | ||||||
9 | expenditure of the school district; and the per-pupil State | ||||||
10 | average operating expenditure for the district type | ||||||
11 | (elementary, high school, or unit); | ||||||
12 | (B) curriculum information, including, where | ||||||
13 | applicable, Advanced Placement, International | ||||||
14 | Baccalaureate or equivalent courses, dual enrollment | ||||||
15 | courses, foreign language classes, school personnel | ||||||
16 | resources (including Career Technical Education teachers), | ||||||
17 | before and after school programs, extracurricular | ||||||
18 | activities, subjects in which elective classes are | ||||||
19 | offered, health and wellness initiatives (including the | ||||||
20 | average number of days of Physical Education per week per | ||||||
21 | student), approved programs of study, awards received, | ||||||
22 | community partnerships, and special programs such as | ||||||
23 | programming for the gifted and talented, students with | ||||||
24 | disabilities, and work-study students; | ||||||
25 | (C) student outcomes, including, where applicable, the | ||||||
26 | percentage of students deemed proficient on assessments of |
| |||||||
| |||||||
1 | State standards, the percentage of students in the eighth | ||||||
2 | grade who pass Algebra, the percentage of students enrolled | ||||||
3 | in post-secondary institutions (including colleges, | ||||||
4 | universities, community colleges, trade/vocational | ||||||
5 | schools, and training programs leading to career | ||||||
6 | certification within 2 semesters of high school | ||||||
7 | graduation), the percentage of students graduating from | ||||||
8 | high school who are college and career ready, and the | ||||||
9 | percentage of graduates enrolled in community colleges, | ||||||
10 | colleges, and universities who are in one or more courses | ||||||
11 | that the community college, college, or university | ||||||
12 | identifies as a developmental course; | ||||||
13 | (D) student progress, including, where applicable, the | ||||||
14 | percentage of students in the ninth grade who have earned 5 | ||||||
15 | credits or more without failing more than one core class, a | ||||||
16 | measure of students entering kindergarten ready to learn, a | ||||||
17 | measure of growth, and the percentage of students who enter | ||||||
18 | high school on track for college and career readiness; | ||||||
19 | (E) the school environment, including, where | ||||||
20 | applicable, the percentage of students with less than 10 | ||||||
21 | absences in a school year, the percentage of teachers with | ||||||
22 | less than 10 absences in a school year for reasons other | ||||||
23 | than professional development, leaves taken pursuant to | ||||||
24 | the federal Family Medical Leave Act of 1993, long-term | ||||||
25 | disability, or parental leaves, the 3-year average of the | ||||||
26 | percentage of teachers returning to the school from the |
| |||||||
| |||||||
1 | previous year, the number of different principals at the | ||||||
2 | school in the last 6 years, 2 or more indicators from any | ||||||
3 | school climate survey selected or approved by the State and | ||||||
4 | administered pursuant to Section 2-3.153 of this Code, with | ||||||
5 | the same or similar indicators included on school report | ||||||
6 | cards for all surveys selected or approved by the State | ||||||
7 | pursuant to Section 2-3.153 of this Code, and the combined | ||||||
8 | percentage of teachers rated as proficient or excellent in | ||||||
9 | their most recent evaluation; and | ||||||
10 | (F) a school district's and its individual schools' | ||||||
11 | balanced accountability measure, in accordance with | ||||||
12 | Section 2-3.25a of this Code ; and . | ||||||
13 | (G) for a school district organized under Article 34 of | ||||||
14 | this Code, the lead levels at each individual school as | ||||||
15 | reported to the State Board of Education under the Lead in | ||||||
16 | Schools Reporting Act, including whether any lead levels | ||||||
17 | meet a level the Department of Public Health deems unsafe. | ||||||
18 | The school report card shall also provide
information that | ||||||
19 | allows for comparing the current outcome, progress, and | ||||||
20 | environment data to the State average, to the school data from | ||||||
21 | the past 5 years, and to the outcomes, progress, and | ||||||
22 | environment of similar schools based on the type of school and | ||||||
23 | enrollment of low-income students, special education students, | ||||||
24 | and English learners.
| ||||||
25 | (3) At the discretion of the State Superintendent, the | ||||||
26 | school district report card shall include a subset of the |
| |||||||
| |||||||
1 | information identified in paragraphs (A) through (E) of | ||||||
2 | subsection (2) of this Section, as well as information relating | ||||||
3 | to the operating expense per pupil and other finances of the | ||||||
4 | school district, and the State report card shall include a | ||||||
5 | subset of the information identified in paragraphs (A) through | ||||||
6 | (E) of subsection (2) of this Section. | ||||||
7 | (4) Notwithstanding anything to the contrary in this | ||||||
8 | Section, in consultation with key education stakeholders, the | ||||||
9 | State Superintendent shall at any time have the discretion to | ||||||
10 | amend or update any and all metrics on the school, district, or | ||||||
11 | State report card. | ||||||
12 | (5) Annually, no more than 30 calendar days after receipt | ||||||
13 | of the school district and school report cards from the State | ||||||
14 | Superintendent of Education, each school district, including | ||||||
15 | special charter districts and districts subject to the | ||||||
16 | provisions of Article 34, shall present such report
cards at a | ||||||
17 | regular school board meeting subject to
applicable notice | ||||||
18 | requirements, post the report cards
on the
school district's | ||||||
19 | Internet web site, if the district maintains an Internet web
| ||||||
20 | site, make the report cards
available
to a newspaper of general | ||||||
21 | circulation serving the district, and, upon
request, send the | ||||||
22 | report cards
home to a parent (unless the district does not | ||||||
23 | maintain an Internet web site,
in which case
the report card | ||||||
24 | shall be sent home to parents without request). If the
district | ||||||
25 | posts the report card on its Internet web
site, the district
| ||||||
26 | shall send a
written notice home to parents stating (i) that |
| |||||||
| |||||||
1 | the report card is available on
the web site,
(ii) the address | ||||||
2 | of the web site, (iii) that a printed copy of the report card
| ||||||
3 | will be sent to
parents upon request, and (iv) the telephone | ||||||
4 | number that parents may
call to
request a printed copy of the | ||||||
5 | report card.
| ||||||
6 | (6) Nothing contained in this amendatory Act of the 98th | ||||||
7 | General Assembly repeals, supersedes, invalidates, or | ||||||
8 | nullifies final decisions in lawsuits pending on the effective | ||||||
9 | date of this amendatory Act of the 98th General Assembly in | ||||||
10 | Illinois courts involving the interpretation of Public Act | ||||||
11 | 97-8. | ||||||
12 | (Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, | ||||||
13 | eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
| ||||||
14 | (105 ILCS 5/34-18.24)
| ||||||
15 | Sec. 34-18.24. Transfer of students.
| ||||||
16 | (a) The board shall
establish and
implement a
policy | ||||||
17 | governing the transfer of a student from one attendance center | ||||||
18 | to
another within the
school district upon the request of the | ||||||
19 | student's parent or guardian.
Any request by a parent or | ||||||
20 | guardian to transfer his or her child from one
attendance
| ||||||
21 | center to another
within the school district pursuant to | ||||||
22 | Section 1116 of the federal Elementary
and
Secondary Education
| ||||||
23 | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | ||||||
24 | days after the
parent or guardian
receives notice of the right | ||||||
25 | to transfer pursuant to that law.
A
student may not transfer to |
| |||||||
| |||||||
1 | any of the following attendance centers, except by
change in
| ||||||
2 | residence if the policy authorizes enrollment based on | ||||||
3 | residence in an
attendance area , if subsection (e) applies,
or | ||||||
4 | unless approved by the board on an individual basis:
| ||||||
5 | (1) An attendance center that exceeds or as a result of | ||||||
6 | the
transfer would
exceed its attendance capacity.
| ||||||
7 | (2) An attendance center for which the board has | ||||||
8 | established
academic
criteria for enrollment in compliance | ||||||
9 | with the federal Every Student Succeeds Act or the federal | ||||||
10 | Individuals with Disabilities Education Act if the student | ||||||
11 | does not meet the criteria, provided
that the transfer must | ||||||
12 | be permitted if the attendance center is the only
| ||||||
13 | attendance center serving the student's grade
that has not | ||||||
14 | been identified for school
improvement, corrective action, | ||||||
15 | or restructuring under Section
1116 of the federal | ||||||
16 | Elementary and Secondary Education Act of 1965 (20 U.S.C.
| ||||||
17 | Sec.
6317).
| ||||||
18 | (3) Any attendance center if the transfer would
prevent | ||||||
19 | the school district from meeting its obligations under a | ||||||
20 | State or
federal law,
including the federal Individuals | ||||||
21 | with Disabilities Education Act; court
order ; , or consent
| ||||||
22 | decree
applicable to the school district.
| ||||||
23 | (b) The board shall establish and implement a policy | ||||||
24 | governing the
transfer of students within the school district | ||||||
25 | from a persistently dangerous
attendance center to another | ||||||
26 | attendance center in that district that is not
deemed to be
|
| |||||||
| |||||||
1 | persistently dangerous.
In order to be considered a | ||||||
2 | persistently dangerous attendance center, the
attendance | ||||||
3 | center must meet all of the following criteria for 2 | ||||||
4 | consecutive
years:
| ||||||
5 | (1) Have greater than 3% of the students enrolled in | ||||||
6 | the attendance center
expelled for violence-related | ||||||
7 | conduct.
| ||||||
8 | (2) Have one or more students expelled for bringing a | ||||||
9 | firearm to school
as defined in 18 U.S.C. 921.
| ||||||
10 | (3) Have at least 3% of the students enrolled in the | ||||||
11 | attendance center
exercise the
individual option to | ||||||
12 | transfer attendance centers pursuant to subsection (c) of
| ||||||
13 | this
Section.
| ||||||
14 | (c) A student may transfer from one attendance center to
| ||||||
15 | another attendance center within the district if the student is | ||||||
16 | a victim of a
violent
crime as defined in Section 3 of the | ||||||
17 | Rights of Crime Victims and Witnesses Act.
The violent crime | ||||||
18 | must have occurred on school grounds during regular school
| ||||||
19 | hours or during a school-sponsored event.
| ||||||
20 | (d) Transfers made pursuant to subsections (b) and (c) of | ||||||
21 | this Section shall
be made in compliance with the federal No | ||||||
22 | Child Left Behind Act of 2001 (Public
Law 107-110).
| ||||||
23 | (e) A student may transfer from one attendance center to
| ||||||
24 | another attendance center within or outside of the district if | ||||||
25 | any lead levels at his or her current attendance center meet a | ||||||
26 | level the Department of Public Health deems unsafe. |
| |||||||
| |||||||
1 | (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
|