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Illinois General Assembly· SB 71Governor Approved

IEMA-SCHOOL SAFETY, the official text

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SB0071 Enrolled                     LRB104 07353 LNS 17393 b

1   AN ACT concerning safety.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The School Safety Drill Act is amended by

5 changing Sections 5, 10, 15, and 25 and by adding Section 65 as

6 follows:

7   (105 ILCS 128/5)

8   Sec. 5. Definitions. In this Act:

9   "Emergency services and disaster agency" means an agency

10 by the name "emergency services and disaster agency", by the

11 name "emergency management agency", or by any other name that

12 is established by ordinance within a political subdivision to

13 coordinate the emergency management program within that

14 political subdivision with private organizations, other

15 political subdivisions, and the State and federal governments.

16  "First responder" means and includes all fire departments

17 and districts, law enforcement agencies and officials,

18 emergency medical responders, emergency medical dispatchers,

19 and emergency management officials involved in the execution

20 and documentation of the drills administered under this Act.

21  "Hazardous substance" has the meaning given to that term

22 in Section 3.215 of the Environmental Protection Act, except

23 that, as used in this Act, "hazardous substance" also includes
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1 radioactive materials, hydrocarbons, petroleum, gasoline, and

2 crude oil or any products, by-products, or fractions thereof.

3   "Local emergency planning committee" means the committee

4 that is appointed for an emergency planning district under

5 Section 301 of the federal Emergency Planning and Community

6 Right-to-Know Act of 1986.

7   "School" means a public or private facility that offers

8 elementary or secondary education to students under the age of

9 21. As used in this definition, "public facility" means a

10 facility operated by the State or by a unit of local

11 government. As used in this definition, "private facility"

12 means any non-profit, non-home-based, non-public elementary or

13 secondary school that is in compliance with Title VI of the

14 Civil Rights Act of 1964 and attendance at which satisfies the

15 requirements of Section 26-1 of the School Code. While more

16 than one school may be housed in a facility, for purposes of

17 this Act, the facility shall be considered a school. When a

18 school has more than one location, for purposes of this Act,

19 each different location shall be considered its own school.

20  "School district" means any public school district

21 established under the School Code, any program of a special

22 education joint agreement established under Section 3-15.14,

23 10-22.31, or 10-22.31a of the School Code, or any charter

24 school authorized by the State Board of Education in

25 accordance with Section 27A-7.5 of the School Code.

26  "School safety drill" means a pre-planned exercise
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1 conducted by a school in accordance with the drills and
2 requirements set forth in this Act.
3 (Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23;
4 103-154, eff. 6-30-23; 103-175, eff. 6-30-23.)

5   (105 ILCS 128/10)

6   Sec. 10. Purpose. The purpose of this Act is (i) to

7 establish minimum requirements and standards for schools to

8 follow when conducting school safety drills and reviewing

9 school emergency and crisis response plans and, beginning July

10 1, 2027, hazardous substance release procedures and (ii) to

11 encourage schools and first responders to work together for

12 the safety of children. Communities and schools may exceed

13 these requirements and standards.

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

15  (105 ILCS 128/15)

16  Sec. 15. Types of drills. Under this Act, the following

17 school safety drills shall be instituted by all schools in

18 this State:

19  (1) School evacuation drills, which shall address and

20  prepare students and school personnel for situations that

21  occur when conditions outside of a school building are

22  safer than inside a school building. Evacuation incidents

23  are based on the needs of particular communities and may

24  include without limitation the following:
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1   (A) fire;

2   (B) suspicious items or persons;

3   (C) incidents involving hazardous materials,

4   including, but not limited to, chemical, incendiary,

5   and explosives; and

6   (D) bomb threats; and .

7   (E) incidents involving the release or explosion

8   of hazardous substances.

9   (2) Except as limited by subsection (b-5) of Section

10  20 of this Act, bus evacuation drills, which shall address

11  and prepare students and school personnel for situations

12  that occur when conditions outside of a bus are safer than

13  inside the bus. Evacuation incidents are based on the

14  needs of particular communities and may include without

15  limitation the following:

16  (A) fire;

17  (B) suspicious items; and

18  (C) incidents involving hazardous materials,

19  including, but not limited to, chemical, incendiary,

20  and explosives; and .

21  (D) incidents involving the release or explosion

22  of hazardous substances.

23  (3) Law enforcement drills, which shall address and

24  prepare school personnel for situations calling for the

25  involvement of law enforcement when conditions inside a

26  school building are safer than outside of a school
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1   building and it is necessary to protect building occupants

2   from potential dangers in a school building. Law

3   enforcement drills may involve situations that call for

4   the reverse-evacuation or the lock-down of a school

5   building. Evacuation or reverse-evacuation incidents shall

6   include a shooting incident.

7   (4) Severe weather and shelter-in-place drills, which

8   shall address and prepare students for situations

9   involving severe weather emergencies or the release of

10  external gas or chemicals. Severe weather and

11  shelter-in-place incidents shall be based on the needs and

12  environment of particular communities and may include

13  without limitation the following:

14  (A) severe weather, including, but not limited to,

15  shear winds, lightning, and earthquakes;

16  (B) incidents involving hazardous materials,

17  including, but not limited to, chemical, incendiary,

18  and explosives; and

19  (C) incidents involving weapons of mass

20  destruction, including, but not limited to,

21  biological, chemical, and nuclear weapons; and .

22  (D) incidents involving the release or explosion

23  of hazardous materials.

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

25  (105 ILCS 128/25)
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1   Sec. 25. Annual review.

2   (a) Each public school district, through its school board

3 or the board's designee, shall conduct a minimum of one annual

4 meeting at which it will review each school building's

5 emergency and crisis response plans, protocols, and

6 procedures, including procedures regarding the school

7 district's threat assessment team, the school district's

8 hazardous substance release procedures, procedures regarding

9 the school district's cardiac emergency response plan, the

10 efficacy and effects of law enforcement drills, and each

11 building's compliance with the school safety drill programs.

12 The purpose of this annual review shall be to review and update

13 the emergency and crisis response plans, protocols, and

14 procedures and the school safety drill programs of the

15 district and each of its school buildings. This review must be

16 at no cost to the school district. In updating a school

17 building's emergency and crisis response plans, consideration

18 may be given to making the emergency and crisis response plans

19 available to first responders, administrators, and teachers

20 for implementation and utilization through the use of

21 electronic applications on electronic devices, including, but

22 not limited to, smartphones, tablets, and laptop computers.

23  (b) Each school board or the board's designee is required

24 to participate in the annual review and to invite each of the

25 following parties to the annual review and provide each party

26 with a minimum of 30 days' notice before the date of the annual
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1 review:

2          (1) The principal of each school within the school

3   district or his or her official designee.

4          (2) Representatives from any other education-related

5   organization or association deemed appropriate by the

6   school district.

7          (3) Representatives from all local first responder

8   organizations to participate, advise, and consult in the

9   review process, including, but not limited to:

10         (A) the appropriate local fire department or

11         district;

12         (B) the appropriate local law enforcement agency;

13         (C) the appropriate local emergency medical

14         services agency if the agency is a separate, local

15         first responder unit; and

16         (D) any other member of the first responder or

17         emergency management community that has contacted the

18         district superintendent or his or her designee during

19         the past year to request involvement in a school's

20         emergency planning or drill process; and .

21         (E) the applicable emergency services and disaster

22         agency or the applicable local emergency planning

23         committee.

24         (4) The school board or its designee may also choose

25  to invite to the annual review any other persons whom it

26  believes will aid in the review process, including, but
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1   not limited to, any members of any other education-related

2   organization or the first responder or emergency

3   management community.

4   (c) Upon the conclusion of the annual review, the school

5 board or the board's designee shall sign a one page report,

6 which may be in either a check-off format or a narrative

7 format, that does the following:

8   (1) summarizes the review's recommended changes to the

9   existing school safety plans and drill plans;

10  (2) lists the parties that participated in the annual

11  review, and includes the annual review's attendance

12  record;

13  (3) certifies that an effective review of the

14  emergency and crisis response plans, protocols, and

15  procedures and the school safety drill programs of the

16  district and each of its school buildings has occurred;

17  (4) states that the school district will implement

18  those plans, protocols, procedures, and programs, during

19  the academic year; and

20  (5) includes the authorization of the school board or

21  the board's designee.

22  (d) The school board or its designee shall send a copy of

23 the report to each party that participates in the annual

24 review process and to the appropriate regional superintendent

25 of schools. If any of the participating parties have comments

26 on the certification document, those parties shall submit
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1 their comments in writing to the appropriate regional

2 superintendent. The regional superintendent shall maintain a

3 record of these comments. The certification document may be in

4 a check-off format or narrative format, at the discretion of

5 the district superintendent.

6   (e) The review must occur at least once during the fiscal

7 year, at a specific time chosen at the school district

8 superintendent's discretion.

9   (f) A private school shall conduct a minimum of one annual

10 meeting at which the school must review each school building's

11 emergency and crisis response plans, protocols, and

12 procedures, including procedures regarding the school's

13 cardiac emergency response plan, and each building's

14 compliance with the school safety drill programs of the

15 school. The purpose of this annual review shall be to review

16 and update the emergency and crisis response plans, protocols,

17 and procedures and the school safety drill programs of the

18 school. This review must be at no cost to the private school.

19  The private school shall invite representatives from all

20 local first responder organizations to participate, advise,

21 and consult in the review process, including, but not limited

22 to, the following:

23  (1) the appropriate local fire department or fire

24  protection district;

25  (2) the appropriate local law enforcement agency;

26  (3) the appropriate local emergency medical services
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1   agency if the agency is a separate, local first responder

2   unit; and

3   (4) any other member of the first responder or

4   emergency management community that has contacted the

5   school's chief administrative officer or his or her

6   designee during the past year to request involvement in

7   the school's emergency planning or drill process.

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

9   (105 ILCS 128/65 new)

10  Sec. 65. Hazardous substance release guidance and

11 procedures.

12  (a) By January 1, 2027, the Illinois Emergency Management

13 Agency and Office of Homeland Security, in consultation with

14 the State Board of Education, shall develop and provide

15 guidance for all local emergency planning committees,

16 emergency services and disaster agencies, and school districts

17 in the State specifically related to the potential impact to

18 school districts of a release or explosion of a hazardous

19 substance. This guidance shall be posted on the Internet

20 website of the State Board of Education.

21  (b) The guidance developed under subsection (a) shall

22 include:

23  (1) a description of the methods and procedures to be

24  followed by school personnel in response to a release or

25  explosion of a hazardous substance;
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1   (2) a description of the federal, State, or local

2   agencies, including first responders, responsible for

3   identifying whether the release or explosion of a

4   hazardous substance has occurred and how that information

5   will be communicated to school personnel, including any

6   appropriate precautions school districts should take to

7   protect their students and staff and how the wind

8   direction may impact their evacuation plans;

9   (3) recommendations for school evacuation plans,

10  including recommendations for an alternative plan if

11  advised by federal, State, or local agencies, including

12  first responders, that one is needed due to the wind

13  direction;

14  (4) a list of available training programs;

15  (5) a description of recommended communication

16  protocols for school districts with first responders,

17  local law enforcement agencies, and other local, State, or

18  federal emergency management agencies; and

19  (6) a list of instructions for school districts on how

20  to identify their applicable local emergency planning

21  committee or emergency services and disaster agency.

22  (c) By July 1, 2027, each school district shall, in

23 consultation with the applicable local emergency planning

24 committee or emergency services and disaster agency, develop

25 procedures for each of its schools to address the release or

26 explosion of a hazardous substance based on the guidance
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1 developed under subsection (a). However, a school district is

2 not required to develop procedures until the school year

3 following when the publication of the guidance provided in

4 subsection (a) is made available on the website of the State

5 Board of Education.

6  (d) Each school district shall make available to all

7 school personnel relevant and appropriate information related

8 to the procedures in subsection (c), including identified

9 evacuation plans, as well as alternative evacuation plans,

10 safe locations where student and staff can seek shelter, and a

11 description of how that information will be communicated to

12 school personnel in such an emergency.
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