(a) Each school 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) Each school board shall establish and implement a policy governing the transfer of students within a school district from a persistently dangerous school to another public school in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous school, the school must meet all of the following criteria for 2 consecutive years:

Terms Used In Illinois Compiled Statutes 105 ILCS 5/10-21.3a

  • decree: is synonymous with the word "judgment". See Illinois Compiled Statutes 5 ILCS 70/1.24
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (1) Have greater than 3% of the students enrolled in
    
the school 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
    
school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.
    (c) A student may transfer from one public school to another public school in that district if the student is a victim of a violent crime as defined in § 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).
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