Navigating Student Transfers: A Guide to ISBE Guidelines and Illinois Education Landscape

The Illinois education system provides various pathways for students, with the Illinois State Board of Education (ISBE) playing a crucial role in setting guidelines and regulations. Understanding these guidelines is essential for parents, students, and educators alike. This article will explore student transfer policies, ISBE guidelines, and the broader educational landscape in Illinois, including charter schools, open enrollment, and specific regulations affecting both public and nonpublic schools.

Student Transfers and ISBE Guidance

The Illinois State Board of Education (ISBE) provides guidance on various aspects of student transfers, ensuring a smooth transition for students while adhering to state laws and regulations.

Transfer of Students to Regional Safe Schools and Alternative Learning Opportunity Programs

The Illinois State Board of Education (ISBE) recently issued non-regulatory guidance on the transfer of students to regional safe schools and alternative learning opportunity programs. Under Public Act 97-0495, school districts may immediately administratively transfer a student who has been expelled, or “suspended in excess of 20 days,” to a regional safe school program or an alternative learning opportunity program.

As explained in the Guidance, school districts are not required to make such transfers; the new law simply permits school districts to do so. The Guidance includes a “non-exhaustive list” of questions and answers regarding the requirements of administratively transferring students to regional safe school programs and alternative learning opportunity programs.

For example, although the law expressly applies to students who have been suspended in excess of 20 days, the Guidance states that ISBE does not interpret the statute to mean 20 cumulative days. Thus, because the School Code only permits students to be suspended from school for up to 10 school days for a particular incident or violation, the Guidance states that the law appears to apply only to expelled students. The Guidance further explains that the determination of what constitutes an “immediate transfer” must be made on a case-by-case basis, with consideration being given to when in the school year the expulsion/suspension occurred and whether or not there were intervening school holidays, weekends, or other delays in processing such a transfer.

Chicago Public Schools (CPS) Enrollment and Transfer Policy

The Chicago Board of Education has set policies to ensure equitable and fair enrollment across the district. All children between the ages of five and twenty-one who live in the City of Chicago who seek admission must be enrolled in Chicago Public Schools. Enrollment decisions prioritize the child's best educational interest.

Initial Enrollment Requirements

When enrolling in Chicago Public Schools for the first time, certain documentation is required:

Proof of Age: The parent or guardian must present proof of the child’s age.
Proof of Immunization.
Proof of Current Address: The parent or guardian must provide proof of the child’s current address.
Birth Certificate: An original or certified copy of the student’s birth certificate is required, or reliable proof of the student's identity and age along with an affidavit explaining the inability to produce a copy of the birth certificate. If the school does not receive the original certified copy of the birth certificate or reliable proof of the student’s identity and age along with an affidavit within thirty (30) calendar days, the school must notify the Chicago Police Department and the Illinois State Police.
Temporary Custodian: Adults acting as temporary custodians may enroll a student with applicable documentation of residency and status as temporary custodian, which may include a notarized letter from the parent authorizing the temporary custody and the reason or the Illinois State Board of Education’s Affidavit of Enrollment and Residency.

Transfer Students

Specific procedures apply to students transferring into Chicago Public Schools:

Transfers from Illinois Public Schools: Students must produce the Illinois State Board of Education “Student Transfer Form” completed by their former school verifying that they are “in good standing” and are not currently being disciplined by a suspension or expulsion.
Transfers from Out-of-State Public Schools: The parent or guardian must certify in writing that the student is not currently issued a suspension or expulsion by the school or school district from which the student is transferring.
Transfers from Any Private School: The parent or guardian must certify in writing that the student is not currently assigned a suspension or expulsion by the school or school district from which the student is transferring.
Expelled Transferring Students: If a student from any public or private school in Illinois or any other state has been issued a current expulsion or suspension term by their former school, they will not be admitted into the Chicago Public Schools until the discipline records from their former school are reviewed by the Chief Education Officer or designee.

Special Circumstances

Students with Disabilities: Transfer restrictions do not apply to students with disabilities who require a transfer pursuant to their IEP or 504 Plan.
Homeless Students: Homeless children, unaccompanied youth, or children in the care of the state must be enrolled even if they cannot produce required documents.
Fraudulent Registration: Any student who has been fraudulently registered in a school as a result of falsification of address will be subject to immediate transfer to the proper attendance area school, after notice and opportunity to respond have been given to the parent or legal guardian or emancipated youth.
Disciplinary Transfers: Disciplinary Transfers may only be considered for student behaviors that fall in Groups 5 and 6 of the SCC and only in specific circumstances and when all incidents and responsive interventions have been documented and exhausted.

General Transfer Guidelines

As a general rule, children become students of the school in which they are enrolled (“home school”), and should not be unilaterally transferred or withdrawn by the school principal.
Transfers from a student’s home school may be granted when it is clearly in the student’s best educational interest as determined by the Network Chief.

Open Enrollment Policies

Illinois has policies that allow students to transfer between schools within their resident district, but individual school boards have autonomy over the process and admittance of transfer students. This gives school districts significant discretion over transfer requests. School districts can even reject transfers based on academics. Students may enter into written agreements with a nonresident school district to transfer schools, including on a tuition-free basis, under specific circumstances, such as for the benefit of a student’s health or safety. School districts may choose to charge tuition to nonresident students who engage in cross-district transfers.

Charter Schools in Illinois

Charter schools are public schools that operate with more autonomy than traditional public schools. However, Illinois has placed limits on charter schools, which has implications for school choice and innovation.

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Charter School Landscape

While charter schools are thriving across many states with enrollment increasing nationwide, Illinois has legislation that stymies charter expansion. The hallmark of the charter movement is innovation.

Challenges to Charter School Growth

The Chicago Teachers Union (CTU) has actively worked to prevent the growth of charter schools, impacting parents' options. CTU targeted a bill that would have allowed four-year universities in Chicago to serve as the authorizer for a multi-site charter school devoted exclusively to re-enrolled high school dropouts. CTU lobbied in favor of a bill extending a moratorium on the creation of charter schools that have virtual-schooling components. It worked in favor of a bill prohibiting the opening of a charter school in any ZIP code in which a public school was closed in the previous 10 years.

Autonomy and Unionization

Illinois further hampered the autonomy of charter schools when Gov. J.B. Pritzker signed a union neutrality clause into Illinois’ charter school law. Charter schools were designed to combat union demands and improve public education while maintaining autonomy and, most importantly, innovation. In a 2023 study, the Reason Foundation determined best practices for inter- and intradistrict open enrollment and ranked each state on its open enrollment policies.

Regulations for Nonpublic Schools in Illinois

Nonpublic schools in Illinois operate under specific regulations set by the ISBE, covering various aspects from registration and recognition to health and safety requirements.

Registration, Licensing, and Recognition

Nonpublic schools in Illinois may register with the Illinois State Board of Education (ISBE) on an annual basis. A school registering must submit assurances of compliance for federal and state laws regarding health examinations, immunizations, attendance, length of term, nondiscrimination, and applicable fire and health safety requirements.

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Nonpublic schools that were registered for the previous school year may pursue recognition. Recognition is granted to schools that meet the requirements outlined under the 23 Ill. Adm. Code 425.30. A school may be assigned a recognition status of "full recognition," "probationary recognition," or "nonrecognition."

Requirements for the recognition of nonpublic schools cover the organization, administration, instructional programs, extra-classroom activities, pupil services, school facilities, school food services, and personnel of the school.

Educator Licensure

Educator licensure is not required for teachers at recognized nonpublic schools unless the school governance chooses to require it as a condition of employment. Illinois requires that all full-time teachers or administrators assigned to such positions after the beginning of the 2011 -12 school year hold a bachelor's or higher degree. A state-recognized nonpublic school's personnel policies must include a provision that teachers and other employees with instructional responsibilities will be formally evaluated at least every two years for proficiency and competency.

Curriculum and Instruction

Attendance at a nonpublic or a parochial school satisfies the Illinois compulsory attendance statute if the "children are taught the branches of education taught to children of corresponding age and grade in the public schools." Instruction must be in English, "except as otherwise permitted pursuant to Section 27-2 of the School Code." Recognized schools must provide a program of instruction that meets the minimum statutory and regulatory requirements, including instruction in language arts, mathematics, the biological physical and social sciences, the fine arts, and physical development and health education.

Health and Safety Requirements

Nonpublic schools must adhere to various health and safety regulations:

Criminal Background Checks: Recognized nonpublic schools must require all applicants for employment to authorize a fingerprint-based criminal history records check.
Health Examinations and Immunizations: Nonpublic school students are required to have a health examination and proof of immunizations.
Emergency Drills: Nonpublic schools are required to conduct fire evacuation drills, bus evacuation drills, severe weather drills, and law enforcement drills.
Missing Children Records Act: Nonpublic schools must obtain a birth certificate or other reliable proof of age and verification of the child's identity.

Recordkeeping and Reports

Nonpublic schools have recordkeeping and reporting responsibilities:

The ISBE includes in its annual report to the governor and Illinois General Assembly the "number of men and women teachers and total enrollment of private schools."
Every school must report to the ISBE by November 15, the number of children who have received immunizations and health examinations, the number of children who have not complied, and the number of children exempt on religious or medical grounds.
Any nonpublic elementary or secondary school who has a student transferring to a public K-12 school inside or outside Illinois must forward within 10 days of notice of the student's transfer a "certified copy of student's record."

Preparing Future Educators: ISBE Requirements for Teacher Licensure

For students pursuing teacher education licensure in Illinois, the ISBE has specific requirements to ensure high-quality preparation. Students in teaching licensure programs must maintain a C- or better in ALL content/professional education coursework as well as any courses specified by degree program. Criminal background checks are required for all students entering teaching licensure programs prior to field placements in school districts. Prospective teaching licensure candidates must establish an ELIS account.

Health Requirements for Transfer Students

Transfer students in Illinois must meet specific health requirements to ensure the well-being of the school community:

In-State Freshmen: Students transferring from an Illinois school as an incoming freshman must have a physical examination and an up-to-date immunization record within 30 days of the registration date.
In-State Sophomores, Juniors, and Seniors: Students transferring from an Illinois school as an incoming 10th, 11th or 12th grader should have a ninth grade (or more recent) physical examination and immunization record from the transferring Illinois school.
Out-of-State Students: Students transferring from out-of-state or out-of-country must have a physical examination and up-to-date immunizations, along with a vision exam, within 30 days of the registration date.

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