The Illinois State Police have established a new Law Enforcement Portal to receive reports of individuals determined to constitute a “clear and present danger” under the Illinois Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Under these laws, the principal or designee of a public elementary or secondary school, and the chief administrative officer of a private K-12 school or public or private college or university, must report to the ISP whenever a determination is made that a student poses a clear and present danger to themselves or other.
(“Clear and present danger” is defined for these purposes as demonstration of “threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.”)
In an email sent to many school districts throughout the state today, the ISP stated that, as of March 1, 2023, the Law Enforcement Portal would be the only avenue through which the ISP will accept these clear and present danger reports, replacing the process of submitting reports by fax and email. In addition, the ISP notified school districts that they must register to use the Portal by completing and submitting a Law Enforcement Portal User Agreement for School Administrators.
This Agreement contains provisions requiring school districts to indemnify the ISP for claims arising out of reports submitted, prohibiting school districts from making copies of any reports, and stating other conditions not contemplated by the reporting statutes. Education stakeholders are reaching out to the ISP to discuss the scope of this form. In the meantime, schools and school districts are advised to consult with legal counsel prior to signing or filing this form.
For questions regarding the new Law Enforcement Portal User Agreement for School Administrators, please contact Heather Brickman or any other Hodges Loizzi attorney.
