Public Act 093-0859
 		





SB3109 Enrolled
LRB093 21189 NHT 47269 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The School Code is amended  by changing Section 
2-3.13a as follows:
 



    (105 ILCS 5/2-3.13a)  (from Ch. 122, par. 2-3.13a)


    Sec. 2-3.13a. School
Scholastic records; transferring 
students. 

    (a) The State
Board of Education shall establish and 
implement rules requiring all of the
public schools and all 
private or nonpublic elementary and secondary
schools located 
in this State, whenever any such school has a student who
is 
transferring to any other public elementary or secondary school 
located in
this or in any other state, to forward within 10 
days of notice of the
student's transfer an unofficial record 
of that student's grades to the school
to which such student is 
transferring.  Each public school at the same time
also shall 
forward to the school to which the student is transferring the

remainder of the student's school student records as required 
by the Illinois
School Student Records Act.
In addition, if a 
student is transferring from a public school, whether
located 
in this or any other state, from which the
student has been 
suspended or expelled for knowingly possessing in a school

building or on school grounds a weapon as defined in the Gun 
Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly 
possessing, selling, or delivering in
a school building or on 
school grounds a controlled substance or cannabis, or
for 
battering a staff member of the school, and
if the period of 
suspension or expulsion has not expired at the time the
student 
attempts to transfer into another public school in the same or 
any
other school district: (i) any school student records 
required to be
transferred shall include the date and duration 
of the period of suspension or
expulsion; and (ii) with the 
exception of transfers into the Department of
Corrections 
school district, the student shall not be permitted to attend

class in the
public school into which he or she is transferring 
until the student has served
the entire period of the 
suspension or expulsion imposed by the school from
which the 
student is transferring, provided that the school board may 
approve
the placement of the student in an alternative school 
program established under
Article 13A of this Code.
A school 
district may adopt a policy providing that if a student is

suspended or expelled for any reason from any public or private 
school in
this or any other state, the student must complete 
the entire term of the
suspension or expulsion before being 
admitted into the school district.
This policy may allow 
placement of the student in an alternative school
program 
established under Article 13A of this Code, if available, for 
the
remainder of
the suspension or expulsion.
Each public 
school
and each private or nonpublic elementary or secondary 
school in this State
shall within 10 days after the student has 
paid all of his or her
outstanding fines and fees and at its 
own expense forward an official
transcript of the scholastic 
records of each student transferring from that
school in strict 
accordance with the provisions of this Section and the rules

established by the State Board of Education as herein provided.

    (b) The State Board of Education shall develop a one-page 
standard form that
Illinois school districts are required to 
provide to any student who is
moving out of
the school district 
and that
contains the information about whether or not the

student is "in good standing" and whether or not his or her 
medical records are
up-to-date and complete.  As used in this 
Section, "in good standing" means
that the student is not being 
disciplined by a suspension or expulsion, but is
entitled to 
attend classes.  No school district is required to admit a new

student who is transferring from another Illinois school 
district unless he
or she can produce the standard form from 
the student's
previous school district enrollment.
 No school 
district is required to admit a new student who is transferring

from an out-of-state public school unless the parent or 
guardian of the
student certifies in writing that the student 
is not currently serving a
suspension or expulsion imposed by 
the school from which the student is
transferring.

    (c) The State Board of Education shall, by rule, establish 
a system to provide for the accurate tracking of transfer 
students.  This system shall, at a minimum, require that a 
student be counted as a dropout in the calculation of a 
school's or school district's annual student dropout rate 
unless the school or school district to which the student 
transferred (known hereafter in this subsection (c) as the 
transferee school or school district) sends notification to the 
school or school district from which the student transferred 
(known hereafter in this subsection (c) as the transferor 
school or school district) documenting that the student has 
enrolled in the transferee school or school district.  This 
notification must occur within 150 days after the date the 
student withdraws from the transferor school or school district 
or the student shall be counted in the calculation of the 
transferor school's or school district's annual student 
dropout rate.  A request by the transferee school or school 
district to the transferor school or school district seeking 
the student's academic transcripts or medical records shall be 
considered without limitation adequate documentation of 
enrollment.  Each transferor school or school district shall 
keep documentation of such transfer students for the minimum 
period provided in the Illinois School Student Records Act.  All 
records indicating the school or school district to which a 
student transferred are subject to the Illinois School Student 
Records Act.

(Source: P.A. 91-365, eff. 7-30-99; 92-64, eff. 7-12-01.)