Public Act 104-0344
 
SB0071 EnrolledLRB104 07353 LNS 17393 b

    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.