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91_HB0878enr
HB0878 Enrolled LRB9104956NTsb
1 AN ACT concerning school safety, amending named Acts.
2 WHEREAS, The Children of Illinois should be learning in
3 school environments that are safe and free of harm or threat
4 of harm; and
5 WHEREAS, Schools are responsible for creating safe
6 learning environments for children; and
7 WHEREAS, Schools can play an essential role in preventing
8 and intervening to stop violence in the lives of children;
9 and
10 WHEREAS, Many schools need resources to implement safety
11 and violence prevention measures; therefore
12 Be it enacted by the People of the State of Illinois,
13 represented in the General Assembly:
14 Section 5. The School Code is amended by changing
15 Sections 3-11, 10-21.7, and 10-27.1A and adding Sections
16 2-3.126, 10-20.31, 10-27.1B, 22-26, and 34-18.18 as follows:
17 (105 ILCS 5/2-3.126 new)
18 Sec. 2-3.126. School safety assessment audit. The State
19 Board of Education shall, in cooperation with the Task Force
20 on School Safety and utilizing any of its manuals or resource
21 guides, develop uniform criteria to be implemented in school
22 safety plans. Using these criteria, the State Board of
23 Education shall develop a school safety assessment audit,
24 which shall be distributed to all public schools.
25 (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
26 Sec. 3-11. Institutes or inservice training workshops.
27 In counties of less than 2,000,000 inhabitants, the regional
28 superintendent may arrange for or conduct district, regional,
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1 or county institutes, or equivalent professional educational
2 experiences, not more than 4 days annually. Of those 4 days,
3 2 days may be used as a teacher's workshop, when approved by
4 the regional superintendent, up to 2 days may be used for
5 conducting parent-teacher conferences or up to 2 days may be
6 utilized as parental institute days as provided in Section
7 10-22.18d. A school district may use one of its 4 institute
8 days on the last day of the school term. "Institute" or
9 "Professional educational experiences" means any educational
10 gathering, demonstration of methods of instruction,
11 visitation of schools or other institutions or facilities, or
12 sexual abuse and sexual assault awareness seminar held or
13 approved by the regional superintendent and declared by him
14 to be an institute day, or parent-teacher conferences. With
15 the concurrence of the State Superintendent of Education, he
16 or she may employ such assistance as is necessary to conduct
17 the institute. Two or more adjoining counties may jointly
18 hold an institute. Institute instruction shall be free to
19 holders of certificates good in the county or counties
20 holding the institute, and to those who have paid an
21 examination fee and failed to receive a certificate.
22 In counties of 2,000,000 or more inhabitants, the
23 regional superintendent may arrange for or conduct district,
24 regional, or county inservice training workshops, or
25 equivalent professional educational experiences, not more
26 than 4 days annually. Of those 4 days, 2 days may be used for
27 conducting parent-teacher conferences and up to 2 days may be
28 utilized as parental institute days as provided in Section
29 10-22.18d. A school district may use one of those 4 days on
30 the last day of the school term. "Inservice Training
31 Workshops" or "Professional educational experiences" means
32 any educational gathering, demonstration of methods of
33 instruction, visitation of schools or other institutions or
34 facilities, or sexual abuse and sexual assault awareness
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1 seminar held or approved by the regional superintendent and
2 declared by him to be an inservice training workshop, or
3 parent-teacher conferences. With the concurrence of the
4 State Superintendent of Education, he may employ such
5 assistance as is necessary to conduct the inservice training
6 workshop. With the approval of the regional superintendent,
7 2 or more adjoining districts may jointly hold an inservice
8 training workshop. In addition, with the approval of the
9 regional superintendent, one district may conduct its own
10 inservice training workshop with subject matter consultants
11 requested from the county, State or any State institution of
12 higher learning.
13 Such teachers institutes as referred to in this Section
14 may be held on consecutive or separate days at the option of
15 the regional superintendent having jurisdiction thereof.
16 Whenever reference is made in this Act to "teachers
17 institute", it shall be construed to include the inservice
18 training workshops or equivalent professional educational
19 experiences provided for in this Section.
20 Any institute advisory committee existing on April 1,
21 1995, is dissolved and the duties and responsibilities of the
22 institute advisory committee are assumed by the regional
23 office of education advisory board.
24 Districts providing inservice training programs shall
25 constitute inservice committees, 1/2 of which shall be
26 teachers, 1/4 school service personnel and 1/4 administrators
27 to establish program content and schedules.
28 The teachers institutes shall include teacher training
29 committed to peer counseling programs and other anti-violence
30 and conflict resolution programs, including without
31 limitation programs for preventing at risk students from
32 committing violent acts.
33 (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
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1 (105 ILCS 5/10-20.31 new)
2 Sec. 10-20.31. School safety assessment audit; safety
3 plan. The school board shall require schools, subject to the
4 award of a grant by the State Board of Education, to complete
5 a school safety assessment audit, as developed by the State
6 Board of Education pursuant to Section 2-3.126, and to
7 develop a written safety plan or revise their current safety
8 plan to implement the criteria developed by the State Board
9 of Education, in cooperation with the Task Force on School
10 Safety, as specified in the school safety assessment audit.
11 The plan shall be subject to approval by the school board.
12 Once approved, the school shall file the plan with the State
13 Board of Education and the regional superintendent of
14 schools. The State Board of Education shall provide, subject
15 to appropriation, grants for the purposes of this Section.
16 (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
17 Sec. 10-21.7. Attacks on school personnel.
18 (a) In the Section, "school" means any public or private
19 elementary or secondary school.
20 (b) Upon receipt of a written complaint from any school
21 personnel, the superintendent, or other appropriate
22 administrative officer for a private school, shall report all
23 incidents of battery committed against teachers, teacher
24 personnel, administrative personnel or educational support
25 personnel to the local law enforcement authorities
26 immediately no later than 24 hours after the occurrence of
27 the attack and to the Department of State Police's Illinois
28 Uniform Crime Reporting Program no later than 3 days after
29 the occurrence of the attack. The State Board of Education
30 shall receive monthly as well as annual statistical
31 compilations of attacks on school personnel from the
32 Department of State Police through the Illinois Uniform Crime
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1 Reporting Program. The State Board of Education shall compile
2 this information by school district and make it available to
3 the public.
4 (Source: P.A. 85-1420.)
5 (105 ILCS 5/10-27.1A)
6 Sec. 10-27.1A. Reporting Firearms in schools.
7 (a) All school officials, including teachers, guidance
8 counselors, and support staff, shall immediately notify the
9 office of the principal in the event that they observe any
10 person in possession of a firearm on school grounds; provided
11 that taking such immediate action to notify the office of the
12 principal would not immediately endanger the health, safety,
13 or welfare of students who are under the direct supervision
14 of the school official or the school official. If the
15 health, safety, or welfare of students under the direct
16 supervision of the school official or of the school official
17 is immediately endangered, the school official shall notify
18 the office of the principal as soon as the students under his
19 or her supervision and he or she are no longer under
20 immediate danger. A report is not required by this Section
21 when the school official knows that the person in possession
22 of the firearm is a law enforcement official engaged in the
23 conduct of his or her official duties. Any school official
24 acting in good faith who makes such a report under this
25 Section shall have immunity from any civil or criminal
26 liability that might otherwise be incurred as a result of
27 making the report. The identity of the school official
28 making such report shall not be disclosed except as expressly
29 and specifically authorized by law. Knowingly and willfully
30 failing to comply with this Section is a petty offense. A
31 second or subsequent offense is a Class C misdemeanor.
32 (b) Upon receiving a report from any school official
33 pursuant to this Section, or from any other person, the
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1 principal or his or her designee shall immediately notify a
2 local law enforcement agency. If the person found to be in
3 possession of a firearm on school grounds is a student, the
4 principal or his or her designee shall also immediately
5 notify that student's parent or guardian. Any principal or
6 his or her designee acting in good faith who makes such
7 reports under this Section shall have immunity from any civil
8 or criminal liability that might otherwise be incurred or
9 imposed as a result of making the reports. Knowingly and
10 willfully failing to comply with this Section is a petty
11 offense. A second or subsequent offense is a Class C
12 misdemeanor. If the person found to be in possession of the
13 firearm on school grounds is a minor, the law enforcement
14 agency shall detain that minor until such time as the agency
15 makes a determination pursuant to clause (a) of subsection
16 (1) of Section 5-401 of the Juvenile Court Act of 1987, as to
17 whether the agency reasonably believes that the minor is
18 delinquent. If the law enforcement agency determines that
19 probable cause exists to believe that the minor committed a
20 violation of item (4) of subsection (a) of Section 24-1 of
21 the Criminal Code of 1961 while on school grounds, the agency
22 shall detain the minor for processing pursuant to Section
23 5-407 of the Juvenile Court Act of 1987.
24 (c) On or after January 1, 1997, upon receipt of any
25 written, electronic, or verbal report from any school
26 personnel regarding a verified incident involving a firearm
27 in a school or on school owned or leased property, including
28 any conveyance owned, leased, or used by the school for the
29 transport of students or school personnel, the superintendent
30 or his or her designee shall report all such firearm-related
31 incidents occurring in a school or on school property to the
32 local law enforcement authorities immediately no later than
33 24 hours after the occurrence of the incident and to the
34 Department of State Police in a form, manner, and frequency
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1 as prescribed by the Department of State Police.
2 The State Board of Education shall receive an annual
3 statistical compilation and related data associated with
4 incidents involving firearms in schools from the Department
5 of State Police. The State Board of Education shall compile
6 this information by school district and make it available to
7 the public.
8 (d) As used in this Section, the term "firearm" shall
9 have the meaning ascribed to it in Section 1.1 of the Firearm
10 Owners Identification Card Act.
11 As used in this Section, the term "school" means any
12 public or private elementary or secondary school.
13 As used in this Section, the term "school grounds"
14 includes the real property comprising any school, any
15 conveyance owned, leased, or contracted by a school to
16 transport students to or from school or a school-related
17 activity, or any public way within 1,000 feet of the real
18 property comprising any school.
19 (Source: P.A. 89-498, eff. 6-27-96.)
20 (105 ILCS 5/10-27.1B new)
21 Sec. 10-27.1B. Reporting drug-related incidents in
22 schools.
23 (a) In this Section:
24 "Drug" means "cannabis" as defined under subsection (a)
25 of Section 3 of the Cannabis Control Act or "narcotic drug"
26 as defined under subsection (aa) of Section 102 of the
27 Illinois Controlled Substances Act.
28 "School" means any public or private elementary or
29 secondary school.
30 (b) Upon receipt of any written, electronic, or verbal
31 report from any school personnel regarding a verified
32 incident involving drugs in a school or on school owned or
33 leased property, including any conveyance owned, leased, or
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1 used by the school for the transport of students or school
2 personnel, the superintendent or his or her designee, or
3 other appropriate administrative officer for a private
4 school, shall report all such drug-related incidents
5 occurring in a school or on school property to the local law
6 enforcement authorities immediately and to the Department of
7 State Police in a form, manner, and frequency as prescribed
8 by the Department of State Police.
9 (c) The State Board of Education shall receive an annual
10 statistical compilation and related data associated with
11 drug-related incidents in schools from the Department of
12 State Police. The State Board of Education shall compile
13 this information by school district and make it available to
14 the public.
15 (105 ILCS 5/22-26 new)
16 Sec. 22-26. Task Force on School Safety.
17 (a) The Task Force on School Safety is hereby created.
18 The Task Force shall consist of the following members:
19 (1) Two members of the Senate appointed by the
20 President of the Senate and one member of the Senate
21 appointed by the Minority Leader of the Senate.
22 (2) Two members of the House of Representatives
23 appointed by the Speaker of the House and one member of
24 the House of Representatives appointed by the Minority
25 Leader of the House.
26 (3) Two regional superintendents of schools
27 appointed by the State Superintendent of Education.
28 (4) One teacher who is a member of the Illinois
29 Federation of Teachers, appointed by the State
30 Superintendent of Education.
31 (5) One teacher who is a member of the Illinois
32 Education Association, appointed by the State
33 Superintendent of Education.
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1 (6) One member of the Illinois Sheriffs'
2 Association appointed by the Governor.
3 (7) One member of the State's Attorneys Association
4 appointed by the Governor.
5 (8) One member of the Illinois Public Defenders
6 Association appointed by the Governor.
7 (9) One member of the Illinois Violence Prevention
8 Authority.
9 (10) One member appointed by the Governor.
10 (11) One member of the Illinois Principals
11 Association appointed by the Illinois Principals
12 Association.
13 (12) Two superintendents of school districts
14 appointed by the State Superintendent of Education.
15 (13) One member of the Office of the Illinois
16 Attorney General appointed by the Attorney General.
17 The Task Force shall meet initially at the call of the
18 Speaker of the House and the President of the Senate, shall
19 select one member as chairperson at its initial meeting, and
20 shall thereafter meet at the call of the chairperson.
21 (b) The Task Force shall identify and review all school
22 safety programs offered by schools and State agencies and
23 make recommendations of successful programs, including
24 without limitation peer mediation, and shall study
25 alternative education programs and their current status,
26 waiting lists, and capital needs. The Task Force shall, in
27 cooperation with the State Board of Education, develop
28 uniform criteria to be implemented in school safety plans.
29 The Task Force shall also make recommendations on the
30 streamlining, centralization, and coordination of school
31 safety resources and programs offered by various entities,
32 agencies, and governmental units. The Task Force shall
33 submit a report on its findings and recommendations to the
34 General Assembly and the Governor by January 1, 2000.
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1 (c) This Section is repealed on January 2, 2000.
2 (105 ILCS 5/34-18.18 new)
3 Sec. 34-18.18. School safety assessment audit; safety
4 plan. The board of education shall require schools, subject
5 to the award of a grant by the State Board of Education, to
6 complete a school safety assessment audit, as developed by
7 the State Board of Education pursuant to Section 2-3.126, and
8 to develop a written safety plan or revise their current
9 safety plan to implement the criteria developed by the State
10 Board of Education, in cooperation with the Task Force on
11 School Safety, as specified in the school safety assessment
12 audit. The plan shall be subject to approval by the board of
13 education. Once approved, the school shall file the plan with
14 the State Board of Education and the regional superintendent
15 of schools. The State Board of Education shall provide,
16 subject to appropriation, grants for the purposes of this
17 Section.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.
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