Bill Text: IL HB0242 | 2019-2020 | 101st General Assembly | Introduced

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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 within or outside of the 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 3-0)

Status: (Introduced - Dead) 2019-08-12 - Chief Co-Sponsor Changed to Rep. Lamont J. Robinson, Jr. [HB0242 Detail]

Download: Illinois-2019-HB0242-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0242 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 within or outside of the 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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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Lead
in Schools Reporting Act.
Section 5. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Lead inspector" means an individual who has been trained
by a Department-approved training program and is licensed by
the Department to conduct lead inspections; to sample for the
presence of lead in paint, dust, soil, and water; and to
conduct compliance investigations.
Section 10. Lead testing and reporting. On an annual basis,
the Department of Public Health, in coordination with local
departments of public health serving the City of Chicago, shall
employ lead inspectors to test all public school facilities
within the City of Chicago for the presence of lead in paint,
dust, soil, and water. The results of this lead testing shall
be transmitted to the State Board of Education for the purpose
of inclusion in school report cards. The Department shall
notify the State Board of Education if a lead level detected in
the paint, dust, soil, or water at a public school facility in

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the City of Chicago meets a level that the Department deems
unsafe, including, but not limited to, the current State or
federal action levels for lead in drinking water at the time
results are transmitted by the Department to the State Board of
Education.
Section 15. The School Code is amended by changing Sections
10-17a and 34-18.24 as follows:
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section before amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:

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(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
the per-pupil operating expenditure of the school
district; and the per-pupil State average operating
expenditure for the district type (elementary, high
school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment

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courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5

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credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of
teachers rated as proficient or excellent in their most

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recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois;
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount; and

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(L) a school district's administrative costs; .
(M) (L) whether or not the school has participated in
the Illinois Youth Survey. In this paragraph (M) (L),
"Illinois Youth Survey" means a self-report survey,
administered in school settings every 2 years, designed to
gather information about health and social indicators,
including substance abuse patterns and the attitudes of
students in grades 8, 10, and 12; and .
(N) for a school district organized under Article 34 of
this Code, the lead levels at each individual school as
reported to the State Board of Education under the Lead in
Schools Reporting Act, including whether any lead levels
meet a level the Department of Public Health deems unsafe.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to

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which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the

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provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-465, eff. 8-31-17; 100-807, eff. 8-10-18; 100-863,
eff. 8-14-18; 100-1121, eff. 1-1-19; revised 12-19-18.)

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(Text of Section after amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and

HB0242 - 11 - LRB101 04724 CPF 49733 b
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
average daily attendance; the per-pupil operating
expenditure of the school district; and the per-pupil State
average operating expenditure for the district type
(elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;

HB0242 - 12 - LRB101 04724 CPF 49733 b
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term

HB0242 - 13 - LRB101 04724 CPF 49733 b
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of
teachers rated as proficient or excellent in their most
recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois;

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(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount; and
(L) a school district's administrative costs; .
(M) (L) whether or not the school has participated in
the Illinois Youth Survey. In this paragraph (M) (L),
"Illinois Youth Survey" means a self-report survey,
administered in school settings every 2 years, designed to
gather information about health and social indicators,
including substance abuse patterns and the attitudes of
students in grades 8, 10, and 12; and .
(N) for a school district organized under Article 34 of
this Code, the lead levels at each individual school as

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reported to the State Board of Education under the Lead in
Schools Reporting Act, including whether any lead levels
meet a level the Department of Public Health deems unsafe.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),

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"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance by
Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section. The school district
report card shall include the average daily attendance, as that
term is defined in subsection (2) of this Section, of students
who have individualized education programs and students who
have 504 plans that provide for special education services
within the school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the

HB0242 - 17 - LRB101 04724 CPF 49733 b
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807,
eff. 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19;
revised 12-19-18.)

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(105 ILCS 5/34-18.24)
Sec. 34-18.24. 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, if subsection (e) applies, 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 in compliance
with the federal Every Student Succeeds Act or the federal
Individuals with Disabilities Education Act 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, including the federal Individuals
with Disabilities Education Act; 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

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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.
(d) (Blank).
(e) A student 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 the Department of Public Health deems unsafe.
(Source: P.A. 100-1046, eff. 8-23-18.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.