093_HB3947

 
                                     LRB093 13631 NHT 19006 b

 1        AN ACT regarding schools.

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

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section  10-21.3a  and  renumbering  and   changing   Section
 6    34-18.23 (added by P.A. 92-604) as follows:

 7        (105 ILCS 5/10-21.3a)
 8        Sec. 10-21.3a.  Transfer of students.
 9        (a)  Each  school  board  shall establish and implement a
10    policy  governing  the  transfer  of  a  student   from   one
11    attendance  center to another within the school district upon
12    the request of the student's parent or guardian. Any  request
13    by a parent or guardian to transfer his or her child from one
14    attendance  center  to  another  within  the  school district
15    pursuant to  Section  1116  of  the  federal  Elementary  and
16    Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be
17    made  no  later  than  30  days  after the parent or guardian
18    receives notice of the right to  transfer  pursuant  to  that
19    law.  A  student  may  not  transfer  to any of the following
20    attendance centers, except by  change  in  residence  if  the
21    policy   authorizes  enrollment  based  on  residence  in  an
22    attendance area  or  unless  approved  by  the  board  on  an
23    individual basis:
24             (1)  An  attendance  center  that  exceeds  or  as a
25        result  of  the  transfer  would  exceed  its  attendance
26        capacity.
27             (2)  An attendance center for which  the  board  has
28        established  academic  criteria  for  enrollment  if  the
29        student  does  not  meet  the criteria, provided that the
30        transfer must be permitted if the  attendance  center  is
31        the  only  attendance  center serving the student's grade
 
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 1        that has not  been  identified  for  school  improvement,
 2        corrective action, or restructuring under Section 1116 of
 3        the  federal  Elementary  and  Secondary Education Act of
 4        1965 (20 U.S.C. Sec. 6317).
 5             (3)  Any attendance center  if  the  transfer  would
 6        prevent  the school district from meeting its obligations
 7        under a State or federal law,  court  order,  or  consent
 8        decree applicable to the school district.
 9        (b)  If a student must be transferred from one attendance
10    center  to  another  within  the  school district because the
11    attendance center the student is currently attending  exceeds
12    its  attendance  capacity,  then  the  attendance  center the
13    student is to be transferred to must  not  be  an  attendance
14    center  that  is  on  the  academic  watch list under Section
15    2-3.25d of this Code.
16    (Source: P.A. 92-604, eff. 7-1-02.)

17        (105 ILCS 5/34-18.24)
18        Sec. 34-18.24 34-18.23.  Transfer of students.
19        (a)  The board shall establish  and  implement  a  policy
20    governing  the  transfer  of  a  student  from one attendance
21    center to another within the school district upon the request
22    of the student's parent or guardian. Any request by a  parent
23    or  guardian to transfer his or her child from one attendance
24    center to another within  the  school  district  pursuant  to
25    Section   1116   of  the  federal  Elementary  and  Secondary
26    Education Act of 1965 (20 U.S.C. Sec. 6317) must be  made  no
27    later  than  30  days  after  the parent or guardian receives
28    notice of the right to  transfer  pursuant  to  that  law.  A
29    student  may  not transfer to any of the following attendance
30    centers,  except  by  change  in  residence  if  the   policy
31    authorizes  enrollment  based  on  residence in an attendance
32    area or unless approved by the board on an individual basis:
33             (1)  An attendance  center  that  exceeds  or  as  a
 
                            -3-      LRB093 13631 NHT 19006 b
 1        result  of  the  transfer  would  exceed  its  attendance
 2        capacity.
 3             (2)  An  attendance  center  for which the board has
 4        established  academic  criteria  for  enrollment  if  the
 5        student does not meet the  criteria,  provided  that  the
 6        transfer  must  be  permitted if the attendance center is
 7        the only attendance center serving  the  student's  grade
 8        that  has  not  been  identified  for school improvement,
 9        corrective action, or restructuring under Section 1116 of
10        the federal Elementary and  Secondary  Education  Act  of
11        1965 (20 U.S.C. Sec. 6317).
12             (3)  Any  attendance  center  if  the transfer would
13        prevent the school district from meeting its  obligations
14        under  a  State  or  federal law, court order, or consent
15        decree applicable to the school district.
16        (b)  If a student must be transferred from one attendance
17    center to another within  the  school  district  because  the
18    attendance  center the student is currently attending exceeds
19    its attendance  capacity,  then  the  attendance  center  the
20    student  is  to  be  transferred to must not be an attendance
21    center that is on  the  academic  watch  list  under  Section
22    2-3.25d of this Code.
23    (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

24        Section  90.  The State Mandates Act is amended by adding
25    Section 8.28 as follows:

26        (30 ILCS 805/8.28 new)
27        Sec. 8.28. Exempt mandate.   Notwithstanding  Sections  6
28    and  8 of this Act, no reimbursement by the State is required
29    for  the  implementation  of  any  mandate  created  by  this
30    amendatory Act of the 93rd General Assembly.

31        Section 99.  Effective date.  This Act  takes  effect  on
 
                            -4-      LRB093 13631 NHT 19006 b
 1    July 1, 2004.