Bill Text: IL HB0265 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: 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 Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that school report cards for cities with populations in excess of 500,000 shall include lead testing results and that students in such districts may transfer from one attendance center to another attendance center in that district if any lead levels at his or her current attendance center meets a level that the Department deems unsafe. Makes other changes to provisions concerning transfers to specified attendance centers.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0265 Detail]

Download: Illinois-2017-HB0265-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0265

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 Board if a detected lead level meets a level that the Department deems unsafe. Amends the School Code. Provides that school report cards for cities with populations in excess of 500,000 shall include lead testing results and that students in such districts may transfer from one attendance center to another attendance center in that district if any lead levels at his or her current attendance center meets a level that the Department deems unsafe. Makes other changes to provisions concerning transfers to specified attendance centers.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Lead
5in 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
9by a Department-approved training program and is licensed by
10the Department to conduct lead inspections; to sample for the
11presence of lead in paint, dust, soil, and water; and to
12conduct compliance investigations.
13 Section 10. Lead testing and reporting. On an annual basis,
14the Department of Public Health, in coordination with local
15departments of public health serving the City of Chicago, shall
16employ lead inspectors to test all public school facilities
17within the City of Chicago for the presence of lead in paint,
18dust, soil, and water. The results of this lead testing shall
19be transmitted to the State Board of Education for the purpose
20of inclusion in school report cards. The Department shall
21notify the State Board of Education if a lead level detected in
22the paint, dust, soil, or water at a public school facility in

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1the City of Chicago meets a level that the Department deems
2unsafe, including, but not limited to, the current State or
3federal action levels for lead in drinking water at the time
4results are transmitted by the Department to the State Board of
5Education.
6 Section 15. The School Code is amended by changing Sections
710-17a 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
10cards.
11 (1) By October 31, 2013 and October 31 of each subsequent
12school year, the State Board of Education, through the State
13Superintendent of Education, shall prepare a State report card,
14school district report cards, and school report cards, and
15shall by the most economic means provide to each school
16district in this State, including special charter districts and
17districts subject to the provisions of Article 34, the report
18cards for the school district and each of its schools.
19 (2) In addition to any information required by federal law,
20the State Superintendent shall determine the indicators and
21presentation of the school report card, which must include, at
22a minimum, the most current data possessed by the State Board
23of Education related to the following:
24 (A) school characteristics and student demographics,

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1 including average class size, average teaching experience,
2 student racial/ethnic breakdown, and the percentage of
3 students classified as low-income; the percentage of
4 students classified as English learners; the percentage of
5 students who have individualized education plans or 504
6 plans that provide for special education services; the
7 percentage of students who annually transferred in or out
8 of the school district; the per-pupil operating
9 expenditure of the school district; and the per-pupil State
10 average operating expenditure for the district type
11 (elementary, high school, or unit);
12 (B) curriculum information, including, where
13 applicable, Advanced Placement, International
14 Baccalaureate or equivalent courses, dual enrollment
15 courses, foreign language classes, school personnel
16 resources (including Career Technical Education teachers),
17 before and after school programs, extracurricular
18 activities, subjects in which elective classes are
19 offered, health and wellness initiatives (including the
20 average number of days of Physical Education per week per
21 student), approved programs of study, awards received,
22 community partnerships, and special programs such as
23 programming for the gifted and talented, students with
24 disabilities, and work-study students;
25 (C) student outcomes, including, where applicable, the
26 percentage of students deemed proficient on assessments of

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1 State standards, the percentage of students in the eighth
2 grade who pass Algebra, the percentage of students enrolled
3 in post-secondary institutions (including colleges,
4 universities, community colleges, trade/vocational
5 schools, and training programs leading to career
6 certification within 2 semesters of high school
7 graduation), the percentage of students graduating from
8 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 5
15 credits or more without failing more than one core class, a
16 measure of students entering kindergarten ready to learn, a
17 measure of growth, and the percentage of students who enter
18 high school on track for college and career readiness;
19 (E) the school environment, including, where
20 applicable, the percentage of students with less than 10
21 absences in a school year, the percentage of teachers with
22 less than 10 absences in a school year for reasons other
23 than professional development, leaves taken pursuant to
24 the federal Family Medical Leave Act of 1993, long-term
25 disability, or parental leaves, the 3-year average of the
26 percentage of teachers returning to the school from the

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1 previous year, the number of different principals at the
2 school in the last 6 years, 2 or more indicators from any
3 school climate survey selected or approved by the State and
4 administered pursuant to Section 2-3.153 of this Code, with
5 the same or similar indicators included on school report
6 cards for all surveys selected or approved by the State
7 pursuant to Section 2-3.153 of this Code, and the combined
8 percentage of teachers rated as proficient or excellent in
9 their most recent evaluation; and
10 (F) a school district's and its individual schools'
11 balanced accountability measure, in accordance with
12 Section 2-3.25a of this Code; and .
13 (G) for a school district organized under Article 34 of
14 this Code, the lead levels at each individual school as
15 reported to the State Board of Education under the Lead in
16 Schools Reporting Act, including whether any lead levels
17 meet a level the Department of Public Health deems unsafe.
18 The school report card shall also provide information that
19allows for comparing the current outcome, progress, and
20environment data to the State average, to the school data from
21the past 5 years, and to the outcomes, progress, and
22environment of similar schools based on the type of school and
23enrollment of low-income students, special education students,
24and English learners.
25 (3) At the discretion of the State Superintendent, the
26school district report card shall include a subset of the

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1information identified in paragraphs (A) through (E) of
2subsection (2) of this Section, as well as information relating
3to the operating expense per pupil and other finances of the
4school district, and the State report card shall include a
5subset of the information identified in paragraphs (A) through
6(E) of subsection (2) of this Section.
7 (4) Notwithstanding anything to the contrary in this
8Section, in consultation with key education stakeholders, the
9State Superintendent shall at any time have the discretion to
10amend or update any and all metrics on the school, district, or
11State report card.
12 (5) Annually, no more than 30 calendar days after receipt
13of the school district and school report cards from the State
14Superintendent of Education, each school district, including
15special charter districts and districts subject to the
16provisions of Article 34, shall present such report cards at a
17regular school board meeting subject to applicable notice
18requirements, post the report cards on the school district's
19Internet web site, if the district maintains an Internet web
20site, make the report cards available to a newspaper of general
21circulation serving the district, and, upon request, send the
22report cards home to a parent (unless the district does not
23maintain an Internet web site, in which case the report card
24shall be sent home to parents without request). If the district
25posts the report card on its Internet web site, the district
26shall send a written notice home to parents stating (i) that

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1the report card is available on the web site, (ii) the address
2of the web site, (iii) that a printed copy of the report card
3will be sent to parents upon request, and (iv) the telephone
4number that parents may call to request a printed copy of the
5report card.
6 (6) Nothing contained in this amendatory Act of the 98th
7General Assembly repeals, supersedes, invalidates, or
8nullifies final decisions in lawsuits pending on the effective
9date of this amendatory Act of the 98th General Assembly in
10Illinois courts involving the interpretation of Public Act
1197-8.
12(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
13eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
14 (105 ILCS 5/34-18.24)
15 Sec. 34-18.24. Transfer of students.
16 (a) The board shall establish and implement a policy
17governing the transfer of a student from one attendance center
18to another within the school district upon the request of the
19student's parent or guardian. Any request by a parent or
20guardian to transfer his or her child from one attendance
21center to another within the school district pursuant to
22Section 1116 of the federal Elementary and Secondary Education
23Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30
24days after the parent or guardian receives notice of the right
25to transfer pursuant to that law. A student may not transfer to

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1any of the following attendance centers, except by change in
2residence if the policy authorizes enrollment based on
3residence in an attendance area, if subsection (e) applies, or
4unless approved by the board on an individual basis:
5 (1) An attendance center that exceeds or as a result of
6 the transfer would exceed its attendance capacity.
7 (2) An attendance center for which the board has
8 established academic criteria for enrollment in compliance
9 with the federal Every Student Succeeds Act or the federal
10 Individuals with Disabilities Education Act if the student
11 does not meet the criteria, provided that the transfer must
12 be permitted if the attendance center is the only
13 attendance center serving the student's grade that has not
14 been identified for school improvement, corrective action,
15 or restructuring under Section 1116 of the federal
16 Elementary and Secondary Education Act of 1965 (20 U.S.C.
17 Sec. 6317).
18 (3) Any attendance center if the transfer would prevent
19 the school district from meeting its obligations under a
20 State or federal law, including the federal Individuals
21 with Disabilities Education Act; court order; , or consent
22 decree applicable to the school district.
23 (b) The board shall establish and implement a policy
24governing the transfer of students within the school district
25from a persistently dangerous attendance center to another
26attendance center in that district that is not deemed to be

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1persistently dangerous. In order to be considered a
2persistently dangerous attendance center, the attendance
3center must meet all of the following criteria for 2
4consecutive years:
5 (1) Have greater than 3% of the students enrolled in
6 the attendance center expelled for violence-related
7 conduct.
8 (2) Have one or more students expelled for bringing a
9 firearm to school as defined in 18 U.S.C. 921.
10 (3) Have at least 3% of the students enrolled in the
11 attendance center exercise the individual option to
12 transfer attendance centers pursuant to subsection (c) of
13 this Section.
14 (c) A student may transfer from one attendance center to
15another attendance center within the district if the student is
16a victim of a violent crime as defined in Section 3 of the
17Rights of Crime Victims and Witnesses Act. The violent crime
18must have occurred on school grounds during regular school
19hours or during a school-sponsored event.
20 (d) Transfers made pursuant to subsections (b) and (c) of
21this Section shall be made in compliance with the federal No
22Child Left Behind Act of 2001 (Public Law 107-110).
23 (e) A student may transfer from one attendance center to
24another attendance center within or outside of the district if
25any lead levels at his or her current attendance center meet a
26level the Department of Public Health deems unsafe.

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1(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
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