State of Illinois
90th General Assembly
Legislation

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90_HB2311

      105 ILCS 5/2-3.13a        from Ch. 122, par. 2-3.13a
          Amends the School Code to provide  that  for  an  offense
      (other  than  certain offenses concerning weapons or drugs on
      school grounds or battering a school staff member) for  which
      a  student is suspended or expelled, the student may transfer
      to another public school district and attend  classes  before
      the  expiration  of the period of the suspension or expulsion
      only if  the  policies  of  the  school  district  allow  it.
      Provides   that  nothing  in  the  School  Code's  provisions
      concerning transferring students  mandates  a  public  school
      district  to  admit  a transferring student who is serving an
      unexpired period of suspension or expulsion.
                                                     LRB9007032NTsb
                                               LRB9007032NTsb
 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    2-3.13a.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Section 2-3.13a as follows:
 7        (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
 8        Sec. 2-3.13a.  Scholastic records; transferring students.
 9    The  State  Board  of Education shall establish and implement
10    rules requiring all of the public schools and all private  or
11    nonpublic  elementary  and  secondary schools located in this
12    State,  whenever  any  such  school  has  a  student  who  is
13    transferring to any  other  public  elementary  or  secondary
14    school  located  in  this  or  in any other state, to forward
15    within 10  days  of  notice  of  the  student's  transfer  an
16    unofficial  record  of that student's grades to the school to
17    which such student is transferring.  Each  public  school  at
18    the  same  time also shall forward to the school to which the
19    student is transferring the remainder of the student's school
20    student records as required by the  Illinois  School  Student
21    Records Act. In addition, if a student is transferring from a
22    public  school  from  which the student has been suspended or
23    expelled for knowingly possessing in a school building or  on
24    school  grounds  a  weapon as defined in the Gun Free Schools
25    Act (20 U.S.C.  8921  et  seq.),  for  knowingly  possessing,
26    selling,  or  delivering  in  a  school building or on school
27    grounds a controlled substance or cannabis, or for  battering
28    a staff member of the school, and if the period of suspension
29    or expulsion has not expired at the time the student attempts
30    to  transfer  into  another  public school in the same or any
31    other  school  district:  (i)  any  school  student   records
                            -2-                LRB9007032NTsb
 1    required  to  be  transferred  shall  include  the  date  and
 2    duration  of  the period of suspension or expulsion; and (ii)
 3    with the  exception  of  transfers  into  the  Department  of
 4    Corrections   school  district,  the  student  shall  not  be
 5    permitted to attend class in the public school into which  he
 6    or  she  is  transferring  until  the  student has served the
 7    entire period of the suspension or expulsion imposed  by  the
 8    school  from which the student is transferring. For any other
 9    offense for which a student is suspended  or  expelled  by  a
10    public  school  district, the student may transfer to another
11    public  school  district  and  attend  classes   before   the
12    expiration  of the period of the suspension or expulsion only
13    if the policies of the public school district into which  the
14    student  is  transferring  allow it.  Nothing in this Section
15    mandates a public school district  to  admit  a  transferring
16    student  who  is serving an unexpired period of suspension or
17    expulsion. Each public school and each private  or  nonpublic
18    elementary  or secondary school in this State shall within 10
19    days after the student has paid all of his or her outstanding
20    fines and fees and at its own  expense  forward  an  official
21    transcript   of   the  scholastic  records  of  each  student
22    transferring from that school in strict accordance  with  the
23    provisions  of  this Section and the rules established by the
24    State Board of Education as herein provided.
25        The State Board of Education  shall  develop  a  one-page
26    standard  form  that school districts are required to provide
27    to any student who is moving out of the school  district  and
28    that  contains  the  information  about  whether  or  not the
29    student is "in good standing" and whether or not his  or  her
30    medical records are up-to-date and complete.  As used in this
31    Section,  "in  good  standing"  means that the student is not
32    being disciplined  by  a  suspension  or  expulsion,  but  is
33    entitled  to  attend classes.  No school district is required
34    to admit a new student unless  he  or  she  can  produce  the
                            -3-                LRB9007032NTsb
 1    standard  form  from  the  student's previous school district
 2    enrollment.
 3    (Source: P.A. 89-261,  eff.  8-10-95;  89-622,  eff.  8-9-96;
 4    89-698, eff. 1-14-97.)

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