Full Text of HB2693 94th General Assembly
HB2693enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the School | 5 |
| Safety Drill Act.
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| 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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| 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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| 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.
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| (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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| 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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| (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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| (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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| 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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| 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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| Section 35. Reporting and recording mechanism for fires.
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| 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.
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| (105 ILCS 5/2-3.129 rep.)
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| (105 ILCS 5/10-20.22 rep.)
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| (105 ILCS 5/10-20.23 rep.)
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| (105 ILCS 5/10-20.32 rep.)
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| (105 ILCS 5/27-26 rep.)
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| (105 ILCS 5/34-18.19 rep.)
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| 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.
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| (105 ILCS 120/Act rep.)
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| 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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| (30 ILCS 805/8.29 new)
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| 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.
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| Section 999. Effective date. This Act takes effect June 1, | 7 |
| 2005.
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