Public Act 0344 104TH GENERAL ASSEMBLY

SB0071 Enrolled LRB104 07353 LNS 17393 b

Public Act 104-0344

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Safety Drill Act is amended by changing Sections 5, 10, 15, and 25 and by adding Section 65 as follows:

(105 ILCS 128/5)

Sec. 5. Definitions. In this Act:

"Emergency services and disaster agency" means an agency by the name "emergency services and disaster agency", by the name "emergency management agency", or by any other name that is established by ordinance within a political subdivision to coordinate the emergency management program within that political subdivision with private organizations, other political subdivisions, and the State and federal governments.

"First responder" means and includes all fire departments and districts, law enforcement agencies and officials, emergency medical responders, emergency medical dispatchers, and emergency management officials involved in the execution and documentation of the drills administered under this Act.

"Hazardous substance" has the meaning given to that term in Section 3.215 of the Environmental Protection Act, except that, as used in this Act, "hazardous substance" also includes radioactive materials, hydrocarbons, petroleum, gasoline, and crude oil or any products, by-products, or fractions thereof.

"Local emergency planning committee" means the committee that is appointed for an emergency planning district under Section 301 of the federal Emergency Planning and Community Right-to-Know Act of 1986.

"School" means a public or private facility that offers elementary or secondary education to students under the age of 21. As used in this definition, "public facility" means a facility operated by the State or by a unit of local government. As used in this definition, "private facility" means any non-profit, non-home-based, non-public elementary or secondary school that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of Section 26-1 of the School Code. While more than one school may be housed in a facility, for purposes of this Act, the facility shall be considered a school. When a school has more than one location, for purposes of this Act, each different location shall be considered its own school.

"School district" means any public school district established under the School Code, any program of a special education joint agreement established under Section 3-15.14, 10-22.31, or 10-22.31a of the School Code, or any charter school authorized by the State Board of Education in accordance with Section 27A-7.5 of the School Code.

"School safety drill" means a pre-planned exercise conducted by a school in accordance with the drills and requirements set forth in this Act.

(Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23.)

(105 ILCS 128/10)

Sec. 10. Purpose. The purpose of this Act is (i) to establish minimum requirements and standards for schools to follow when conducting school safety drills and reviewing school emergency and crisis response plans and, beginning July 1, 2027, hazardous substance release procedures and (ii) to encourage schools and first responders to work together for the safety of children. Communities and schools may exceed these requirements and standards.

(Source: P.A. 94-600, eff. 8-16-05.)

(105 ILCS 128/15)

Sec. 15. Types of drills. Under this Act, the following school safety drills shall be instituted by all schools in this State:

(1) School evacuation drills, which shall address and prepare students and school personnel for situations that occur when conditions outside of a school building are safer than inside a school building. Evacuation incidents are based on the needs of particular communities and may include without limitation the following:

(A) fire;

(B) suspicious items or persons;

(C) incidents involving hazardous materials, including, but not limited to, chemical, incendiary, and explosives; and

(D) bomb threats; and .

(E) incidents involving the release or explosion of hazardous substances.

(2) Except as limited by subsection (b-5) of Section 20 of this Act, bus evacuation drills, which shall address and prepare students and school personnel for situations that occur when conditions outside of a bus are safer than inside the bus. Evacuation incidents are based on the needs of particular communities and may include without limitation the following:

(A) fire;

(B) suspicious items; and

(C) incidents involving hazardous materials, including, but not limited to, chemical, incendiary, and explosives; and .

(D) incidents involving the release or explosion of hazardous substances.

(3) Law enforcement drills, which shall address and prepare school personnel for situations calling for the involvement of law enforcement when conditions inside a school building are safer than outside of a school building and it is necessary to protect building occupants from potential dangers in a school building. Law enforcement drills may involve situations that call for the reverse-evacuation or the lock-down of a school building. Evacuation or reverse-evacuation incidents shall include a shooting incident.

(4) Severe weather and shelter-in-place drills, which shall address and prepare students for situations involving severe weather emergencies or the release of external gas or chemicals. Severe weather and shelter-in-place incidents shall be based on the needs and environment of particular communities and may include without limitation the following:

(A) severe weather, including, but not limited to, shear winds, lightning, and earthquakes;

(B) incidents involving hazardous materials, including, but not limited to, chemical, incendiary, and explosives; and

(C) incidents involving weapons of mass destruction, including, but not limited to, biological, chemical, and nuclear weapons; and .

(D) incidents involving the release or explosion of hazardous materials.

(Source: P.A. 100-443, eff. 8-25-17.)

(105 ILCS 128/25)

Sec. 25. Annual review.

(a) Each public school district, through its school board or the board's designee, shall conduct a minimum of one annual meeting at which it will review each school building's emergency and crisis response plans, protocols, and procedures, including procedures regarding the school district's threat assessment team, the school district's hazardous substance release procedures, procedures regarding the school district's cardiac emergency response plan, the efficacy and effects of law enforcement drills, and each building's compliance with the school safety drill programs. The purpose of this annual review shall be to review and update the emergency and crisis response plans, protocols, and procedures and the school safety drill programs of the district and each of its school buildings. This review must be at no cost to the school district. In updating a school building's emergency and crisis response plans, consideration may be given to making the emergency and crisis response plans available to first responders, administrators, and teachers for implementation and utilization through the use of electronic applications on electronic devices, including, but not limited to, smartphones, tablets, and laptop computers.

(b) Each school board or the board's designee is required to participate in the annual review and to invite each of the following parties to the annual review and provide each party with a minimum of 30 days' notice before the date of the annual review:

(1) The principal of each school within the school district or his or her official designee.

(2) Representatives from any other education-related organization or association deemed appropriate by the school district.

(3) Representatives from all local first responder organizations to participate, advise, and consult in the review process, including, but not limited to:

(A) the appropriate local fire department or district;

(B) the appropriate local law enforcement agency;

(C) the appropriate local emergency medical services agency if the agency is a separate, local first responder unit; and

(D) any other member of the first responder or emergency management community that has contacted the district superintendent or his or her designee during the past year to request involvement in a school's emergency planning or drill process; and .

(E) the applicable emergency services and disaster agency or the applicable local emergency planning committee.

(4) The school board or its designee may also choose to invite to the annual review any other persons whom it believes will aid in the review process, including, but not limited to, any members of any other education-related organization or the first responder or emergency management community.

(c) Upon the conclusion of the annual review, the school board or the board's designee shall sign a one page report, which may be in either a check-off format or a narrative format, that does the following:

(1) summarizes the review's recommended changes to the existing school safety plans and drill plans;

(2) lists the parties that participated in the annual review, and includes the annual review's attendance record;

(3) certifies that an effective review of the emergency and crisis response plans, protocols, and procedures and the school safety drill programs of the district and each of its school buildings has occurred;

(4) states that the school district will implement those plans, protocols, procedures, and programs, during the academic year; and

(5) includes the authorization of the school board or the board's designee.

(d) The school board or its designee shall send a copy of the report to each party that participates in the annual review process and to the appropriate regional superintendent of schools. If any of the participating parties have comments on the certification document, those parties shall submit their comments in writing to the appropriate regional superintendent. The regional superintendent shall maintain a record of these comments. The certification document may be in a check-off format or narrative format, at the discretion of the district superintendent.

(e) The review must occur at least once during the fiscal year, at a specific time chosen at the school district superintendent's discretion.

(f) A private school shall conduct a minimum of one annual meeting at which the school must review each school building's emergency and crisis response plans, protocols, and procedures, including procedures regarding the school's cardiac emergency response plan, and each building's compliance with the school safety drill programs of the school. The purpose of this annual review shall be to review and update the emergency and crisis response plans, protocols, and procedures and the school safety drill programs of the school. This review must be at no cost to the private school.

The private school shall invite representatives from all local first responder organizations to participate, advise, and consult in the review process, including, but not limited to, the following:

(1) the appropriate local fire department or fire protection district;

(2) the appropriate local law enforcement agency;

(3) the appropriate local emergency medical services agency if the agency is a separate, local first responder unit; and

(4) any other member of the first responder or emergency management community that has contacted the school's chief administrative officer or his or her designee during the past year to request involvement in the school's emergency planning or drill process.

(Source: P.A. 102-395, eff. 8-16-21; 103-608, eff. 1-1-25.)

(105 ILCS 128/65 new)

Sec. 65. Hazardous substance release guidance and procedures.

(a) By January 1, 2027, the Illinois Emergency Management Agency and Office of Homeland Security, in consultation with the State Board of Education, shall develop and provide guidance for all local emergency planning committees, emergency services and disaster agencies, and school districts in the State specifically related to the potential impact to school districts of a release or explosion of a hazardous substance. This guidance shall be posted on the Internet website of the State Board of Education.

(b) The guidance developed under subsection (a) shall include:

(1) a description of the methods and procedures to be followed by school personnel in response to a release or explosion of a hazardous substance;

(2) a description of the federal, State, or local agencies, including first responders, responsible for identifying whether the release or explosion of a hazardous substance has occurred and how that information will be communicated to school personnel, including any appropriate precautions school districts should take to protect their students and staff and how the wind direction may impact their evacuation plans;

(3) recommendations for school evacuation plans, including recommendations for an alternative plan if advised by federal, State, or local agencies, including first responders, that one is needed due to the wind direction;

(4) a list of available training programs;

(5) a description of recommended communication protocols for school districts with first responders, local law enforcement agencies, and other local, State, or federal emergency management agencies; and

(6) a list of instructions for school districts on how to identify their applicable local emergency planning committee or emergency services and disaster agency.

(c) By July 1, 2027, each school district shall, in consultation with the applicable local emergency planning committee or emergency services and disaster agency, develop procedures for each of its schools to address the release or explosion of a hazardous substance based on the guidance developed under subsection (a). However, a school district is not required to develop procedures until the school year following when the publication of the guidance provided in subsection (a) is made available on the website of the State Board of Education.

(d) Each school district shall make available to all school personnel relevant and appropriate information related to the procedures in subsection (c), including identified evacuation plans, as well as alternative evacuation plans, safe locations where student and staff can seek shelter, and a description of how that information will be communicated to school personnel in such an emergency.