HB2693 Engrossed LRB094 10684 RAS 41062 b

1     AN ACT concerning education.
 
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 School
5 Safety Drill Act.
 
6     Section 5. Definitions. In this Act:
7     "First responder" means and includes all fire departments
8 and districts, law enforcement agencies and officials,
9 emergency medical responders, and emergency management
10 officials involved in the execution and documentation of the
11 drills administered under this Act.
12     "School" means a public or private facility that offers
13 elementary or secondary education to students under the age of
14 21. As used in this definition, "public facility" means a
15 facility operated by the State or by a unit of local
16 government. As used in this definition, "private facility"
17 means any non-profit, non-home-based, non-public elementary or
18 secondary school that is in compliance with Title VI of the
19 Civil Rights Act of 1964 and attendance at which satisfies the
20 requirements of Section 26-1 of the School Code. While more
21 than one school may be housed in a facility, for purposes of
22 this Act, the facility shall be considered a school. When a
23 school has more than one location, for purposes of this Act,
24 each different location shall be considered its own school.
25     "School safety drill" means a pre-planned exercise
26 conducted by a school in accordance with the drills and
27 requirements set forth in this Act.
 
28     Section 10. Purpose. The purpose of this Act is to
29 establish minimum requirements and standards for schools to
30 follow when conducting school safety drills and reviewing
31 school emergency and crisis response plans and to encourage

 

 

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1 schools and first responders to work together for the safety of
2 children. Communities and schools may exceed these
3 requirements and standards.
 
4     Section 15. Types of drills. Under this Act, the following
5 school safety drills shall be instituted by all schools in this
6 State:
7         (1) School evacuation drills, which shall address and
8     prepare students and school personnel for situations that
9     occur when conditions outside of a school building are
10     safer than inside a school building. Evacuation incidents
11     are based on the needs of particular communities and may
12     include without limitation the following:
13             (A) fire;
14             (B) suspicious items;
15             (C) incidents involving hazardous materials,
16         including, but not limited to, chemical, incendiary,
17         and explosives; and
18             (D) bomb threats.
19         (2) Bus evacuation drills, which shall address and
20     prepare students and school personnel for situations that
21     occur when conditions outside of a bus are safer than
22     inside the bus. Evacuation incidents are based on the needs
23     of particular communities and may include without
24     limitation the following:
25             (A) fire;
26             (B) suspicious items; and
27             (C) incidents involving hazardous materials,
28         including, but not limited to, chemical, incendiary,
29         and explosives.
30         (3) Law enforcement drills, which shall address and
31     prepare students and school personnel for situations
32     calling for the involvement of law enforcement when
33     conditions inside a school building are safer than outside
34     of a school building and it is necessary to protect
35     building occupants from potential dangers in a school

 

 

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1     building. Law enforcement drills may involve situations
2     that call for the reverse-evacuation or the lock-down of a
3     school building. Evacuations incidents may include without
4     limitation the following:
5             (A) shooting incidents;
6             (B) bomb threats;
7             (C) suspicious persons; and
8             (D) incidents involving hazardous materials.
9         (4) Severe weather and shelter-in-place drills, which
10     shall address and prepare students for situations
11     involving severe weather emergencies or the release of
12     external gas or chemicals. Severe weather and
13     shelter-in-place incidents shall be based on the needs and
14     environment of particular communities and may include
15     without limitation the following:
16             (A) severe weather, including, but not limited to,
17         shear winds, lightning, and earthquakes;
18             (B) incidents involving hazardous materials,
19         including, but not limited to, chemical, incendiary,
20         and explosives; and
21             (C) incidents involving weapons of mass
22         destruction, including, but not limited to,
23         biological, chemical, and nuclear weapons.
 
24     Section 20. Number of drills; incidents covered; local
25 authority participation.
26     (a) During each academic year, schools must conduct a
27 minimum of 3 school evacuation drills to address and prepare
28 students and school personnel for fire incidents. These drills
29 must meet all of the following criteria:
30         (1) One of the 3 school evacuation drills shall require
31     the participation of the appropriate local fire department
32     or district.
33             (A) Each local fire department or fire district
34         must contact the appropriate school administrator or
35         his or her designee no later than September 1 of each

 

 

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1         year in order to arrange for the participation of the
2         department or district in the school evacuation drill.
3             (B) Each school administrator or his or her
4         designee must contact the responding local fire
5         official no later than September 15 of each year and
6         propose to the local fire official 4 dates within the
7         month of October, during at least 2 different weeks of
8         October, on which the drill shall occur. The fire
9         official may choose any of the 4 available dates, and
10         if he or she does so, the drill shall occur on that
11         date.
12             (C) The school administrator or his or her designee
13         and the local fire official may also, by mutual
14         agreement, set any other date for the drill, including
15         a date outside of the month of October.
16             (D) If the fire official does not select one of the
17         4 offered dates in October or set another date by
18         mutual agreement, the requirement that the school
19         include the local fire service in one of its mandatory
20         school evacuation drills shall be waived. Schools,
21         however, shall continue to be strongly encouraged to
22         include the fire service in a school evacuation drill
23         at a mutually agreed-upon time.
24             (E) Upon the participation of the local fire
25         service, the appropriate local fire official shall
26         certify that the school evacuation drill was
27         conducted.
28             (F) When scheduling the school evacuation drill,
29         the school administrator or his or her designee and the
30         local fire department or fire district may, by mutual
31         agreement on or before September 14, choose to waive
32         the provisions of subparagraphs (B), (C), and (D) of
33         this paragraph (1).
34         Additional school evacuation drills for fire incidents
35     may involve the participation of the appropriate local fire
36     department or district.

 

 

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1         (2) Schools may conduct additional school evacuation
2     drills to account for other evacuation incidents,
3     including without limitation suspicious items or bomb
4     threats.
5         (3) All drills shall be conducted at each school
6     building that houses school children.
7     (b) During each academic year, schools must conduct a
8 minimum of one bus evacuation drill. This drill shall be
9 accounted for in the curriculum in all public schools and in
10 all other educational institutions in this State that are
11 supported or maintained, in whole or in part, by public funds
12 and that provide instruction in any of the grades kindergarten
13 through 12. This curriculum shall include instruction in safe
14 bus riding practices for all students. Schools may conduct
15 additional bus evacuation drills. All drills shall be conducted
16 at each school building that houses school children.
17     (c) During each academic year, schools may conduct strongly
18 encouraged law enforcement drills to address and prepare
19 students and school personnel for incidents, including without
20 limitation reverse evacuations, lock-downs, shootings, bomb
21 threats, or hazardous materials.
22         (1) If conducted, a law enforcement drill must meet all
23     of the following criteria:
24             (A) During each calendar year, the appropriate
25         local law enforcement agency shall contact the
26         appropriate school administrator to request to
27         participate in a law enforcement drill and may actively
28         participate on-site in a drill.
29             (B) Upon the participation of a local law
30         enforcement agency in a law enforcement drill, the
31         appropriate local law enforcement official shall
32         certify that the law enforcement drill was conducted.
33         (2) Schools may conduct additional law enforcement
34     drills at their discretion.
35         (3) All drills shall be conducted at each school
36     building that houses school children.

 

 

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1     (d) During each academic year, schools must conduct a
2 minimum of one severe weather and shelter-in-place drill to
3 address and prepare students and school personnel for possible
4 tornado incidents and may conduct additional severe weather and
5 shelter-in-place drills to account for other incidents,
6 including without limitation earthquakes or hazardous
7 materials. All drills shall be conducted at each school
8 building that houses school children.
 
9     Section 25. Annual review.
10     (a) Each public school district, through its school board
11 or the board's designee, shall conduct a minimum of one annual
12 meeting at which it will review each school building's
13 emergency and crisis response plans, protocols, and procedures
14 and each building's compliance with the school safety drill
15 programs. The purpose of this annual review shall be to review
16 and update the emergency and crisis response plans, protocols,
17 and procedures and the school safety drill programs of the
18 district and each of its school buildings.
19     (b) Each school board or the board's designee is required
20 to participate in the annual review and to invite each of the
21 following parties to the annual review and provide each party
22 with a minimum of 30-days' notice before the date of the annual
23 review:
24         (1) The principal of each school within the school
25     district or his or her official designee.
26         (2) Representatives from any other education-related
27     organization or association deemed appropriate by the
28     school district.
29         (3) Representatives from all local first responder
30     organizations to participate, advise, and consult in the
31     review process, including, but not limited to:
32             (A) the appropriate local fire department or
33         district;
34             (B) the appropriate local law enforcement agency;
35             (C) the appropriate local emergency medical

 

 

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1         services agency if the agency is a separate, local
2         first responder unit; and
3             (D) any other member of the first responder or
4         emergency management community that has contacted the
5         district superintendent or his or her designee during
6         the past year to request involvement in a school's
7         emergency planning or drill process.
8         (4) The school board or its designee may also choose to
9     invite to the annual review any other persons whom it
10     believes will aid in the review process, including, but not
11     limited to, any members of any other education-related
12     organization or the first responder or emergency
13     management community.
14     (c) Upon the conclusion of the annual review, the school
15 board or the board's designee shall sign a one page report,
16 which may be in either a check-off format or a narrative
17 format, that does the following:
18         (1) summarizes the review's recommended changes to the
19     existing school safety plans and drill plans;
20         (2) lists the parties that participated in the annual
21     review, and includes the annual review's attendance
22     record;
23         (3) certifies that an effective review of the emergency
24     and crisis response plans, protocols, and procedures and
25     the school safety drill programs of the district and each
26     of its school buildings has occurred;
27         (4) states that the school district will implement
28     those plans, protocols, procedures, and programs, during
29     the academic year; and
30         (5) includes the authorization of the school board or
31     the board's designee.
32     (d) The school board or its designee shall send a copy of
33 the report to each party that participates in the annual review
34 process and to the appropriate regional superintendent of
35 schools. If any of the participating parties have comments on
36 the certification document, those parties shall submit their

 

 

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1 comments in writing to the appropriate regional
2 superintendent. The regional superintendent shall maintain a
3 record of these comments. The certification document may be in
4 a check-off format or narrative format, at the discretion of
5 the district superintendent.
6     (e) The review must occur at least once during the calendar
7 year, at a specific time chosen at the school district
8 superintendent's discretion.
 
9     Section 30. Reporting; duties of the State Fire Marshal,
10 regional superintendents, and the State Board of Education.
11     (a) The Office of the State Fire Marshal shall accept,
12 directly, one-page annual review compliance reports from
13 private schools. The Office of the State Fire Marshal shall
14 create a mechanism for the reporting and filing of these
15 reports and give notice to the private schools as to how this
16 reporting shall be made. The Office of the State Fire Marshal
17 shall make these records available directly to the State Board
18 of Education.
19     (b) Each regional superintendent of schools shall provide
20 an annual school safety review compliance report to the State
21 Board of Education as a part of its regular annual report to
22 the State Board, which shall set forth those school districts
23 that have successfully completed their annual review and those
24 school districts that have failed to complete their annual
25 review. These reports shall be delivered to the State Board of
26 Education on or before October 1 of each year.
27     (c) The State Board of Education shall file and maintain
28 records of the annual school safety review compliance reports
29 received from each of the regional superintendents of schools.
30 The State Board shall be responsible for ensuring access to the
31 records by the Office of the State Fire Marshal and other State
32 agencies. The State Board shall provide an annual report to the
33 Office of the Governor and the Office of the State Fire Marshal
34 concerning the compliance of school districts with the annual
35 school safety review requirement.
 

 

 

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1     Section 35. Reporting and recording mechanism for fires.
2 The Office of the State Fire Marshal, in conjunction with the
3 State Board of Education, shall create a reporting and
4 recording mechanism concerning fires that occur in schools
5 located in this State. The recording system shall be based in
6 the Office of the State Fire Marshal.
 
7     Section 40. Common rules. The State Board of Education and
8 the Office of the State Fire Marshal shall cooperate together
9 and coordinate with all appropriate education, first
10 responder, and emergency management officials to (i) develop
11 and implement one common set of rules to be administered under
12 this Act and (ii) develop clear and definitive guidelines to
13 school districts, private schools, and first responders as to
14 how to develop school emergency and crisis response plans, how
15 to develop school emergency and crisis response plans, how to
16 exercise and drill based on such plans, and how to incorporate
17 lessons learned from these exercises and drills into school
18 emergency and crisis response plans.
 
19     (105 ILCS 5/2-3.129 rep.)
20     (105 ILCS 5/10-20.22 rep.)
21     (105 ILCS 5/10-20.23 rep.)
22     (105 ILCS 5/10-20.32 rep.)
23     (105 ILCS 5/27-26 rep.)
24     (105 ILCS 5/34-18.19 rep.)
25     Section 910. The School Code is amended by repealing
26 Sections 2-3.129, 10-20.22, 10-20.23, 10-20.32, 27-26, and
27 34-18.19.
 
28     (105 ILCS 120/Act rep.)
29     Section 915. The Fire Drill Act is repealed.
 
30     Section 990. The State Mandates Act is amended by adding
31 Section 8.29 as follows:
 

 

 

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1     (30 ILCS 805/8.29 new)
2     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
3 of this Act, no reimbursement by the State is required for the
4 implementation of any mandate created by this amendatory Act of
5 the 94th General Assembly.
 
6     Section 999. Effective date. This Act takes effect June 1,
7 2005.