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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, HB0878 Enrolled -2- LRB9104956NTsb 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 HB0878 Enrolled -3- LRB9104956NTsb 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.) HB0878 Enrolled -4- LRB9104956NTsb 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 immediatelyno later than 24 hoursafter 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 HB0878 Enrolled -5- LRB9104956NTsb 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.ReportingFirearms 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 HB0878 Enrolled -6- LRB9104956NTsb 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 immediatelyno later than3324 hours after the occurrence of the incidentand to the 34 Department of State Police in a form, manner, and frequency HB0878 Enrolled -7- LRB9104956NTsb 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 HB0878 Enrolled -8- LRB9104956NTsb 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. HB0878 Enrolled -9- LRB9104956NTsb 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. HB0878 Enrolled -10- LRB9104956NTsb 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.