HB 4442 — SCH CD-TRANSFER STU-WATCH LIST

*LRB09514155NHT40018b* HB4442 95THEngrossed GENERALLRB095 ASSEMBLY14155 StateNHT of40018 Illinoisb andAN 2008ACT HB4442regarding byschools. Rep.

Mary E.

Flowers SYNOPSIS AS INTRODUCED:

ILCS 5/10-21.3a ILCS 5/34-18.24 ILCS 805/8.32 new Amends the School Code.

Provides that if a student must be transferred from one attendance center to another within a school district because the attendance center the student is currently attending exceeds its attendance capacity, then the attendance center the student is to be transferred to must not be an attendance center that is on the academic watch list.

Amends the State Mandates Act to require implementation without reimbursement.

Effective July 1, 2008.

LRB095 14155 NHT 40018 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB4442 LRB095 14155 NHT 40018 b AN ACT regarding schools.

The School Code is amended by changing SectionsSection 10-21.3a and 34-18.24 as follows:

(105 ILCS 5/10-21.3a)5/34-18.24) Sec.

10-21.3a.

Transfer of students.

(a) Each school board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student’s parent or guardian.

Any request by a parent or guardian to transfer his or her child from one attendance center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C.

Sec.

6317) must be made no later than 30 days after the parent or guardian receives notice of the right to transfer pursuant to that law.

A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

HB4442 - 2 - LRB095 14155 NHT 40018 b (2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student’s grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C.

Sec.

6317).

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) Each school board shall establish and implement a policy governing the transfer of students within a school district from a persistently dangerous school to another public school in that district that is not deemed to be persistently dangerous.

In order to be considered a persistently dangerous school, the school must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the school expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C.

921.

(3) Have at least 3% of the students enrolled in the school exercise the individual option to transfer schools HB4442 - 3 - LRB095 14155 NHT 40018 b pursuant to subsection (c) of this Section.

(c) A student may transfer from one public school to another public school in that district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.

The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event.

(d) Transfers made pursuant to subsections (b) and (c) of this Section shall be made in compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(e) If a student must be transferred from one attendance center to another within the school district because the attendance center the student is currently attending exceeds its attendance capacity, then the attendance center the student is to be transferred to must not be an attendance center that is on the academic watch list under Section 2-3.25d of this Code.

(Source:

P.A.

92-604, eff.

7-1-02;

93-633, eff.

12-23-03.) (105 ILCS 5/34-18.24) Sec.

Any request by a parent or guardian to transfer his or her child from one attendance HB4442 - 4 - LRB095 14155 NHT 40018 b center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C.

HB4442 Engrossed - 2 - LRB095 14155 NHT 40018 b (2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student’s grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C.