Current through Public Act 103-1052
Section 105 ILCS 5/34-18.24 - [Effective 7/1/2025] Transfer of students(a) The 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. 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.(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria.(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) The board shall establish and implement a policy governing the transfer of students within the school district from a persistently dangerous attendance center to another attendance center in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous attendance center, the attendance center must meet all of the following criteria for 2 consecutive years: (1) Have greater than 3% of the students enrolled in the attendance center 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 attendance center exercise the individual option to transfer attendance centers pursuant to subsection (c) of this Section.(c) A student may transfer from one attendance center to another attendance center within the 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.(e) Notwithstanding any other provision of this Code, a student who is a victim of domestic or sexual violence, as defined in Article 26A, must be allowed to transfer to another school immediately and as needed if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. A student who transfers to another school under this subsection (e) due to domestic or sexual violence must have full and immediate access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. The school district may not require a student who is a victim of domestic or sexual violence to transfer to another school. No adverse or prejudicial effects may result to any student who is a victim of domestic or sexual violence because of the student availing himself or herself of or declining the provisions of this subsection (e). The school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 before approving a transfer to another school under this subsection (e).Amended by P.A. 102-0466,§ 5, eff. 7/1/2025.Amended by P.A. 100-1046,§ 5, eff. 8/23/2018.Renumbered from 105 ILCS 5/34-18.23 and amended by P.A. 93-0633, § 5, eff. 12/23/2003. P.A. 92-604, eff. 7-1-02; revised 9-3-02.This section is set out more than once due to postponed, multiple, or conflicting amendments.