Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB1009 Introduced / Bill

Filed 01/11/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1009 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:  New Act 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24   Creates the Lead in Schools Reporting Act. Provides that on an annual basis the Department of Public Health, in coordination with local departments of public health serving the City of Chicago, shall conduct specified lead testing at public school facilities within the City. Provides that the results from such testing shall be transmitted to the State Board of Education. Provides that the Department shall notify the State Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that the school report cards for the Chicago school district shall include lead testing results and that students in the district may transfer from one attendance center to another attendance center within or outside of the district if any lead levels at his or her current attendance center meet a level that the Department deems unsafe. Makes other changes to the provisions concerning transfers.  LRB103 04838 RJT 49848 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1009 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:  New Act 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24 New Act  105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24  Creates the Lead in Schools Reporting Act. Provides that on an annual basis the Department of Public Health, in coordination with local departments of public health serving the City of Chicago, shall conduct specified lead testing at public school facilities within the City. Provides that the results from such testing shall be transmitted to the State Board of Education. Provides that the Department shall notify the State Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that the school report cards for the Chicago school district shall include lead testing results and that students in the district may transfer from one attendance center to another attendance center within or outside of the district if any lead levels at his or her current attendance center meet a level that the Department deems unsafe. Makes other changes to the provisions concerning transfers.  LRB103 04838 RJT 49848 b     LRB103 04838 RJT 49848 b   STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1009 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
New Act 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24 New Act  105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24
New Act
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/34-18.24
Creates the Lead in Schools Reporting Act. Provides that on an annual basis the Department of Public Health, in coordination with local departments of public health serving the City of Chicago, shall conduct specified lead testing at public school facilities within the City. Provides that the results from such testing shall be transmitted to the State Board of Education. Provides that the Department shall notify the State Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that the school report cards for the Chicago school district shall include lead testing results and that students in the district may transfer from one attendance center to another attendance center within or outside of the district if any lead levels at his or her current attendance center meet a level that the Department deems unsafe. Makes other changes to the provisions concerning transfers.
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    LRB103 04838 RJT 49848 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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  HB1009  LRB103 04838 RJT 49848 b
1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the Lead
5  in Schools Reporting Act.
6  Section 5. Definitions. As used in this Act:
7  "Department" means the Department of Public Health.
8  "Lead inspector" means an individual who has been trained
9  by a Department-approved training program and is licensed by
10  the Department to conduct lead inspections; to sample for the
11  presence of lead in paint, dust, soil, and water; and to
12  conduct compliance investigations.
13  Section 10. Lead testing and reporting. On an annual
14  basis, the Department of Public Health, in coordination with
15  local departments of public health serving the City of
16  Chicago, shall employ lead inspectors to test all public
17  school facilities within the City of Chicago for the presence
18  of lead in paint, dust, soil, and water. The results of this
19  lead testing shall be transmitted to the State Board of
20  Education for the purpose of inclusion in school report cards.
21  The Department shall notify the State Board of Education if a
22  lead level detected in the paint, dust, soil, or water at a

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1009 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
New Act 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24 New Act  105 ILCS 5/10-17a from Ch. 122, par. 10-17a 105 ILCS 5/34-18.24
New Act
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/34-18.24
Creates the Lead in Schools Reporting Act. Provides that on an annual basis the Department of Public Health, in coordination with local departments of public health serving the City of Chicago, shall conduct specified lead testing at public school facilities within the City. Provides that the results from such testing shall be transmitted to the State Board of Education. Provides that the Department shall notify the State Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that the school report cards for the Chicago school district shall include lead testing results and that students in the district may transfer from one attendance center to another attendance center within or outside of the district if any lead levels at his or her current attendance center meet a level that the Department deems unsafe. Makes other changes to the provisions concerning transfers.
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    LRB103 04838 RJT 49848 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR

 

 

New Act
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/34-18.24



    LRB103 04838 RJT 49848 b

 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY



 

 



 

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1  public school facility in the City of Chicago meets a level
2  that the Department deems unsafe, including, but not limited
3  to, the current State or federal action levels for lead in
4  drinking water at the time results are transmitted by the
5  Department to the State Board of Education.
6  Section 90. The School Code is amended by changing
7  Sections 10-17a and 34-18.24 as follows:
8  (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
9  Sec. 10-17a. State, school district, and school report
10  cards.
11  (1) By October 31, 2013 and October 31 of each subsequent
12  school year, the State Board of Education, through the State
13  Superintendent of Education, shall prepare a State report
14  card, school district report cards, and school report cards,
15  and shall by the most economical means provide to each school
16  district in this State, including special charter districts
17  and districts subject to the provisions of Article 34, the
18  report cards for the school district and each of its schools.
19  Because of the impacts of the COVID-19 public health emergency
20  during school year 2020-2021, the State Board of Education
21  shall have until December 31, 2021 to prepare and provide the
22  report cards that would otherwise be due by October 31, 2021.
23  During a school year in which the Governor has declared a
24  disaster due to a public health emergency pursuant to Section

 

 

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1  7 of the Illinois Emergency Management Agency Act, the report
2  cards for the school districts and each of its schools shall be
3  prepared by December 31.
4  (2) In addition to any information required by federal
5  law, the State Superintendent shall determine the indicators
6  and presentation of the school report card, which must
7  include, at a minimum, the most current data collected and
8  maintained by the State Board of Education related to the
9  following:
10  (A) school characteristics and student demographics,
11  including average class size, average teaching experience,
12  student racial/ethnic breakdown, and the percentage of
13  students classified as low-income; the percentage of
14  students classified as English learners, the number of
15  students who graduate from a bilingual or English learner
16  program, and the number of students who graduate from,
17  transfer from, or otherwise leave bilingual programs; the
18  percentage of students who have individualized education
19  plans or 504 plans that provide for special education
20  services; the number and percentage of all students who
21  have been assessed for placement in a gifted education or
22  advanced academic program and, of those students: (i) the
23  racial and ethnic breakdown, (ii) the percentage who are
24  classified as low-income, and (iii) the number and
25  percentage of students who received direct instruction
26  from a teacher who holds a gifted education endorsement

 

 

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1  and, of those students, the percentage who are classified
2  as low-income; the percentage of students scoring at the
3  "exceeds expectations" level on the assessments required
4  under Section 2-3.64a-5 of this Code; the percentage of
5  students who annually transferred in or out of the school
6  district; average daily attendance; the per-pupil
7  operating expenditure of the school district; and the
8  per-pupil State average operating expenditure for the
9  district type (elementary, high school, or unit);
10  (B) curriculum information, including, where
11  applicable, Advanced Placement, International
12  Baccalaureate or equivalent courses, dual enrollment
13  courses, foreign language classes, computer science
14  courses, school personnel resources (including Career
15  Technical Education teachers), before and after school
16  programs, extracurricular activities, subjects in which
17  elective classes are offered, health and wellness
18  initiatives (including the average number of days of
19  Physical Education per week per student), approved
20  programs of study, awards received, community
21  partnerships, and special programs such as programming for
22  the gifted and talented, students with disabilities, and
23  work-study students;
24  (C) student outcomes, including, where applicable, the
25  percentage of students deemed proficient on assessments of
26  State standards, the percentage of students in the eighth

 

 

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1  grade who pass Algebra, the percentage of students who
2  participated in workplace learning experiences, the
3  percentage of students enrolled in post-secondary
4  institutions (including colleges, universities, community
5  colleges, trade/vocational schools, and training programs
6  leading to career certification within 2 semesters of high
7  school graduation), the percentage of students graduating
8  from high school who are college and career ready, and the
9  percentage of graduates enrolled in community colleges,
10  colleges, and universities who are in one or more courses
11  that the community college, college, or university
12  identifies as a developmental course;
13  (D) student progress, including, where applicable, the
14  percentage of students in the ninth grade who have earned
15  5 credits or more without failing more than one core
16  class, a measure of students entering kindergarten ready
17  to learn, a measure of growth, and the percentage of
18  students who enter high school on track for college and
19  career readiness;
20  (E) the school environment, including, where
21  applicable, high school dropout rate by grade level, the
22  percentage of students with less than 10 absences in a
23  school year, the percentage of teachers with less than 10
24  absences in a school year for reasons other than
25  professional development, leaves taken pursuant to the
26  federal Family Medical Leave Act of 1993, long-term

 

 

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1  disability, or parental leaves, the 3-year average of the
2  percentage of teachers returning to the school from the
3  previous year, the number of different principals at the
4  school in the last 6 years, the number of teachers who hold
5  a gifted education endorsement, the process and criteria
6  used by the district to determine whether a student is
7  eligible for participation in a gifted education program
8  or advanced academic program and the manner in which
9  parents and guardians are made aware of the process and
10  criteria, the number of teachers who are National Board
11  Certified Teachers, disaggregated by race and ethnicity, 2
12  or more indicators from any school climate survey selected
13  or approved by the State and administered pursuant to
14  Section 2-3.153 of this Code, with the same or similar
15  indicators included on school report cards for all surveys
16  selected or approved by the State pursuant to Section
17  2-3.153 of this Code, the combined percentage of teachers
18  rated as proficient or excellent in their most recent
19  evaluation, and, beginning with the 2022-2023 school year,
20  data on the number of incidents of violence that occurred
21  on school grounds or during school-related activities and
22  that resulted in an out-of-school suspension, expulsion,
23  or removal to an alternative setting, as reported pursuant
24  to Section 2-3.162;
25  (F) a school district's and its individual schools'
26  balanced accountability measure, in accordance with

 

 

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1  Section 2-3.25a of this Code;
2  (G) the total and per pupil normal cost amount the
3  State contributed to the Teachers' Retirement System of
4  the State of Illinois in the prior fiscal year for the
5  school's employees, which shall be reported to the State
6  Board of Education by the Teachers' Retirement System of
7  the State of Illinois;
8  (H) for a school district organized under Article 34
9  of this Code only, State contributions to the Public
10  School Teachers' Pension and Retirement Fund of Chicago
11  and State contributions for health care for employees of
12  that school district;
13  (I) a school district's Final Percent of Adequacy, as
14  defined in paragraph (4) of subsection (f) of Section
15  18-8.15 of this Code;
16  (J) a school district's Local Capacity Target, as
17  defined in paragraph (2) of subsection (c) of Section
18  18-8.15 of this Code, displayed as a percentage amount;
19  (K) a school district's Real Receipts, as defined in
20  paragraph (1) of subsection (d) of Section 18-8.15 of this
21  Code, divided by a school district's Adequacy Target, as
22  defined in paragraph (1) of subsection (b) of Section
23  18-8.15 of this Code, displayed as a percentage amount;
24  (L) a school district's administrative costs;
25  (M) whether or not the school has participated in the
26  Illinois Youth Survey. In this paragraph (M), "Illinois

 

 

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1  Youth Survey" means a self-report survey, administered in
2  school settings every 2 years, designed to gather
3  information about health and social indicators, including
4  substance abuse patterns and the attitudes of students in
5  grades 8, 10, and 12; and
6  (N) whether the school offered its students career and
7  technical education opportunities; and .
8  (O) for a school in a school district organized under
9  Article 34 of this Code, the lead levels at the school as
10  reported to the State Board of Education under the Lead in
11  Schools Reporting Act, including whether any lead levels
12  meet a level the Department of Public Health deems unsafe.
13  The school report card shall also provide information that
14  allows for comparing the current outcome, progress, and
15  environment data to the State average, to the school data from
16  the past 5 years, and to the outcomes, progress, and
17  environment of similar schools based on the type of school and
18  enrollment of low-income students, special education students,
19  and English learners.
20  As used in this subsection (2):
21  "Administrative costs" means costs associated with
22  executive, administrative, or managerial functions within the
23  school district that involve planning, organizing, managing,
24  or directing the school district.
25  "Advanced academic program" means a course of study to
26  which students are assigned based on advanced cognitive

 

 

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1  ability or advanced academic achievement compared to local age
2  peers and in which the curriculum is substantially
3  differentiated from the general curriculum to provide
4  appropriate challenge and pace.
5  "Computer science" means the study of computers and
6  algorithms, including their principles, their hardware and
7  software designs, their implementation, and their impact on
8  society. "Computer science" does not include the study of
9  everyday uses of computers and computer applications, such as
10  keyboarding or accessing the Internet.
11  "Gifted education" means educational services, including
12  differentiated curricula and instructional methods, designed
13  to meet the needs of gifted children as defined in Article 14A
14  of this Code.
15  For the purposes of paragraph (A) of this subsection (2),
16  "average daily attendance" means the average of the actual
17  number of attendance days during the previous school year for
18  any enrolled student who is subject to compulsory attendance
19  by Section 26-1 of this Code at each school and charter school.
20  (3) At the discretion of the State Superintendent, the
21  school district report card shall include a subset of the
22  information identified in paragraphs (A) through (E) of
23  subsection (2) of this Section, as well as information
24  relating to the operating expense per pupil and other finances
25  of the school district, and the State report card shall
26  include a subset of the information identified in paragraphs

 

 

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1  (A) through (E) and paragraph (N) of subsection (2) of this
2  Section. The school district report card shall include the
3  average daily attendance, as that term is defined in
4  subsection (2) of this Section, of students who have
5  individualized education programs and students who have 504
6  plans that provide for special education services within the
7  school district.
8  (4) Notwithstanding anything to the contrary in this
9  Section, in consultation with key education stakeholders, the
10  State Superintendent shall at any time have the discretion to
11  amend or update any and all metrics on the school, district, or
12  State report card.
13  (5) Annually, no more than 30 calendar days after receipt
14  of the school district and school report cards from the State
15  Superintendent of Education, each school district, including
16  special charter districts and districts subject to the
17  provisions of Article 34, shall present such report cards at a
18  regular school board meeting subject to applicable notice
19  requirements, post the report cards on the school district's
20  Internet web site, if the district maintains an Internet web
21  site, make the report cards available to a newspaper of
22  general circulation serving the district, and, upon request,
23  send the report cards home to a parent (unless the district
24  does not maintain an Internet web site, in which case the
25  report card shall be sent home to parents without request). If
26  the district posts the report card on its Internet web site,

 

 

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1  the district shall send a written notice home to parents
2  stating (i) that the report card is available on the web site,
3  (ii) the address of the web site, (iii) that a printed copy of
4  the report card will be sent to parents upon request, and (iv)
5  the telephone number that parents may call to request a
6  printed copy of the report card.
7  (6) Nothing contained in Public Act 98-648 repeals,
8  supersedes, invalidates, or nullifies final decisions in
9  lawsuits pending on July 1, 2014 (the effective date of Public
10  Act 98-648) in Illinois courts involving the interpretation of
11  Public Act 97-8.
12  (Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
13  101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
14  1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
15  eff. 7-1-22; 102-813, eff. 5-13-22.)
16  (105 ILCS 5/34-18.24)
17  (Text of Section before amendment by P.A. 102-466)
18  Sec. 34-18.24. Transfer of students.
19  (a) The board shall establish and implement a policy
20  governing the transfer of a student from one attendance center
21  to another within the school district upon the request of the
22  student's parent or guardian. A student may not transfer to
23  any of the following attendance centers, except by change in
24  residence if the policy authorizes enrollment based on
25  residence in an attendance area, if subsection (e) applies, or

 

 

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1  unless approved by the board on an individual basis:
2  (1) An attendance center that exceeds or as a result
3  of the transfer would exceed its attendance capacity.
4  (2) An attendance center for which the board has
5  established academic criteria for enrollment in compliance
6  with the federal Every Student Succeeds Act or the federal
7  Individuals with Disabilities Education Act if the student
8  does not meet the criteria.
9  (3) Any attendance center if the transfer would
10  prevent the school district from meeting its obligations
11  under a State or federal law, including the federal
12  Individuals with Disabilities Education Act; court order; ,
13  or consent decree applicable to the school district.
14  (b) The board shall establish and implement a policy
15  governing the transfer of students within the school district
16  from a persistently dangerous attendance center to another
17  attendance center in that district that is not deemed to be
18  persistently dangerous. In order to be considered a
19  persistently dangerous attendance center, the attendance
20  center must meet all of the following criteria for 2
21  consecutive years:
22  (1) Have greater than 3% of the students enrolled in
23  the attendance center expelled for violence-related
24  conduct.
25  (2) Have one or more students expelled for bringing a
26  firearm to school as defined in 18 U.S.C. 921.

 

 

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1  (3) Have at least 3% of the students enrolled in the
2  attendance center exercise the individual option to
3  transfer attendance centers pursuant to subsection (c) of
4  this Section.
5  (c) A student may transfer from one attendance center to
6  another attendance center within the district if the student
7  is a victim of a violent crime as defined in Section 3 of the
8  Rights of Crime Victims and Witnesses Act. The violent crime
9  must have occurred on school grounds during regular school
10  hours or during a school-sponsored event.
11  (d) (Blank).
12  (f) A student may transfer from one attendance center to
13  another attendance center within or outside of the district if
14  any lead levels at his or her current attendance center meet a
15  level the Department of Public Health deems unsafe.
16  (Source: P.A. 100-1046, eff. 8-23-18.)
17  (Text of Section after amendment by P.A. 102-466)
18  Sec. 34-18.24. Transfer of students.
19  (a) The board shall establish and implement a policy
20  governing the transfer of a student from one attendance center
21  to another within the school district upon the request of the
22  student's parent or guardian. A student may not transfer to
23  any of the following attendance centers, except by change in
24  residence if the policy authorizes enrollment based on
25  residence in an attendance area, if subsection (e) applies, or

 

 

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1  unless approved by the board on an individual basis:
2  (1) An attendance center that exceeds or as a result
3  of the transfer would exceed its attendance capacity.
4  (2) An attendance center for which the board has
5  established academic criteria for enrollment in compliance
6  with the federal Every Student Succeeds Act or the federal
7  Individuals with Disabilities Education Act if the student
8  does not meet the criteria.
9  (3) Any attendance center if the transfer would
10  prevent the school district from meeting its obligations
11  under a State or federal law, including the federal
12  Individuals with Disabilities Education Act; court order; ,
13  or consent decree applicable to the school district.
14  (b) The board shall establish and implement a policy
15  governing the transfer of students within the school district
16  from a persistently dangerous attendance center to another
17  attendance center in that district that is not deemed to be
18  persistently dangerous. In order to be considered a
19  persistently dangerous attendance center, the attendance
20  center must meet all of the following criteria for 2
21  consecutive years:
22  (1) Have greater than 3% of the students enrolled in
23  the attendance center expelled for violence-related
24  conduct.
25  (2) Have one or more students expelled for bringing a
26  firearm to school as defined in 18 U.S.C. 921.

 

 

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1  (3) Have at least 3% of the students enrolled in the
2  attendance center exercise the individual option to
3  transfer attendance centers pursuant to subsection (c) of
4  this Section.
5  (c) A student may transfer from one attendance center to
6  another attendance center within the district if the student
7  is a victim of a violent crime as defined in Section 3 of the
8  Rights of Crime Victims and Witnesses Act. The violent crime
9  must have occurred on school grounds during regular school
10  hours or during a school-sponsored event.
11  (d) (Blank).
12  (e) Notwithstanding any other provision of this Code, a
13  student who is a victim of domestic or sexual violence, as
14  defined in Article 26A, must be allowed to transfer to another
15  school immediately and as needed if the student's continued
16  attendance at a particular attendance center, school facility,
17  or school location poses a risk to the student's mental or
18  physical well-being or safety. A student who transfers to
19  another school under this subsection (e) due to domestic or
20  sexual violence must have full and immediate access to
21  extracurricular activities and any programs or activities
22  offered by or under the auspices of the school to which the
23  student has transferred. The school district may not require a
24  student who is a victim of domestic or sexual violence to
25  transfer to another school. No adverse or prejudicial effects
26  may result to any student who is a victim of domestic or sexual

 

 

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1  violence because of the student availing himself or herself of
2  or declining the provisions of this subsection (e). The school
3  district may require a student to verify his or her claim of
4  domestic or sexual violence under Section 26A-45 before
5  approving a transfer to another school under this subsection
6  (e).
7  (f) A student may transfer from one attendance center to
8  another attendance center within or outside of the district if
9  any lead levels at his or her current attendance center meet a
10  level the Department of Public Health deems unsafe.
11  (Source: P.A. 102-466, eff. 7-1-25.)
12  Section 95. No acceleration or delay. Where this Act makes
13  changes in a statute that is represented in this Act by text
14  that is not yet or no longer in effect (for example, a Section
15  represented by multiple versions), the use of that text does
16  not accelerate or delay the taking effect of (i) the changes
17  made by this Act or (ii) provisions derived from any other
18  Public Act.

 

 

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