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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||||
5 | 2-3.25g, 10-22.34c, 27-6, and 27-24.2 as follows: | ||||||||||||||||||||||||||||||
6 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||||||||||||||||||||||||||
7 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||||||||||||||||||||||||||
8 | School
Code and administrative rules and regulations. | ||||||||||||||||||||||||||||||
9 | (a) In this Section: | ||||||||||||||||||||||||||||||
10 | "Board" means a school board or the governing board or | ||||||||||||||||||||||||||||||
11 | administrative district, as the case may be, for a joint | ||||||||||||||||||||||||||||||
12 | agreement. | ||||||||||||||||||||||||||||||
13 | "Eligible applicant" means a school district, joint | ||||||||||||||||||||||||||||||
14 | agreement made up of school districts, or regional | ||||||||||||||||||||||||||||||
15 | superintendent of schools on behalf of schools and programs | ||||||||||||||||||||||||||||||
16 | operated by the regional office of education.
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17 | "Implementation date" has the meaning set forth in | ||||||||||||||||||||||||||||||
18 | Section 24A-2.5 of this Code. | ||||||||||||||||||||||||||||||
19 | "State Board" means the State Board of Education.
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20 | (b) Notwithstanding any other
provisions of this School | ||||||||||||||||||||||||||||||
21 | Code or any other law of this State to the
contrary, eligible | ||||||||||||||||||||||||||||||
22 | applicants may petition the State Board of Education for the
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23 | waiver or modification of the mandates of this School Code or |
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1 | of the
administrative rules and regulations promulgated by the | ||||||
2 | State Board of
Education. Waivers or modifications of | ||||||
3 | administrative rules and regulations
and modifications of | ||||||
4 | mandates of this School Code may be requested when an eligible | ||||||
5 | applicant demonstrates that it can address the intent of the | ||||||
6 | rule or
mandate in a more effective, efficient, or economical | ||||||
7 | manner or when necessary
to stimulate innovation or improve | ||||||
8 | student performance. Waivers of
mandates of
the School Code may | ||||||
9 | be requested when the waivers are necessary to stimulate
| ||||||
10 | innovation or improve student performance. Waivers may not be | ||||||
11 | requested
from laws, rules, and regulations pertaining to | ||||||
12 | special education, teacher educator licensure, teacher tenure | ||||||
13 | and seniority, or Section 5-2.1 of this Code or from compliance | ||||||
14 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
15 | Eligible applicants may not seek a waiver or seek a | ||||||
16 | modification of a mandate regarding the requirements for (i) | ||||||
17 | student performance data to be a significant factor in teacher | ||||||
18 | or principal evaluations or (ii) teachers and principals to be | ||||||
19 | rated using the 4 categories of "excellent", "proficient", | ||||||
20 | "needs improvement", or "unsatisfactory". On September 1, | ||||||
21 | 2014, any previously authorized waiver or modification from | ||||||
22 | such requirements shall terminate. | ||||||
23 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
24 | policy, and any
Independent Authority established under | ||||||
25 | Section 2-3.25f-5 of this Code may submit an
application for a | ||||||
26 | waiver or modification authorized under this Section. Each
|
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| |||||||
1 | application must include a written request by the eligible | ||||||
2 | applicant or
Independent Authority and must demonstrate that | ||||||
3 | the intent of the mandate can
be addressed in a more effective, | ||||||
4 | efficient, or economical manner
or be based
upon a specific | ||||||
5 | plan for improved student performance and school improvement.
| ||||||
6 | Any eligible applicant requesting a waiver or modification for | ||||||
7 | the reason that intent
of the mandate can be addressed in a | ||||||
8 | more economical manner shall include in
the application a | ||||||
9 | fiscal analysis showing current expenditures on the mandate
and | ||||||
10 | projected savings resulting from the waiver
or modification. | ||||||
11 | Applications
and plans developed by eligible applicants must be | ||||||
12 | approved by the board or regional superintendent of schools | ||||||
13 | applying on behalf of schools or programs operated by the | ||||||
14 | regional office of education following a public hearing on the | ||||||
15 | application and plan and the
opportunity for the board or | ||||||
16 | regional superintendent to hear testimony from staff
directly | ||||||
17 | involved in
its implementation, parents, and students. The time | ||||||
18 | period for such testimony shall be separate from the time | ||||||
19 | period established by the eligible applicant for public comment | ||||||
20 | on other matters. If the applicant is a school district or | ||||||
21 | joint agreement requesting a waiver or modification of Section | ||||||
22 | 27-6 of this Code, the public hearing shall be held on a day | ||||||
23 | other than the day on which a regular meeting of the board is | ||||||
24 | held. | ||||||
25 | (c-5) If the applicant is a school district, then the | ||||||
26 | district shall post information that sets forth the time, date, |
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| |||||||
1 | place, and general subject matter of the public hearing on its | ||||||
2 | Internet website at least 14 days prior to the hearing. If the | ||||||
3 | district is requesting to increase the fee charged for driver | ||||||
4 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
5 | the website information shall include the proposed amount of | ||||||
6 | the fee the district will request. All school districts must | ||||||
7 | publish a notice of the public hearing at least 7 days prior to | ||||||
8 | the hearing in a newspaper of general circulation within the | ||||||
9 | school district that sets forth the time, date, place, and | ||||||
10 | general subject matter of the hearing. Districts requesting to | ||||||
11 | increase the fee charged for driver education shall include in | ||||||
12 | the published notice the proposed amount of the fee the | ||||||
13 | district will request. If the applicant is a joint agreement or | ||||||
14 | regional superintendent, then the joint agreement or regional | ||||||
15 | superintendent shall post information that sets forth the time, | ||||||
16 | date, place, and general subject matter of the public hearing | ||||||
17 | on its Internet website at least 14 days prior to the hearing. | ||||||
18 | If the joint agreement or regional superintendent is requesting | ||||||
19 | to increase the fee charged for driver education authorized | ||||||
20 | pursuant to Section 27-24.2 of this Code, the website | ||||||
21 | information shall include the proposed amount of the fee the | ||||||
22 | applicant will request. All joint agreements and regional | ||||||
23 | superintendents must publish a notice of the public hearing at | ||||||
24 | least 7 days prior to the hearing in a newspaper of general | ||||||
25 | circulation in each school district that is a member of the | ||||||
26 | joint agreement or that is served by the educational service |
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| |||||||
1 | region that sets forth the time, date, place, and general | ||||||
2 | subject matter of the hearing, provided that a notice appearing | ||||||
3 | in a newspaper generally circulated in more than one school | ||||||
4 | district shall be deemed to fulfill this requirement with | ||||||
5 | respect to all of the affected districts. Joint agreements or | ||||||
6 | regional superintendents requesting to increase the fee | ||||||
7 | charged for driver education shall include in the published | ||||||
8 | notice the proposed amount of the fee the applicant will | ||||||
9 | request. The
eligible applicant must notify in writing the | ||||||
10 | affected exclusive collective
bargaining agent and those State | ||||||
11 | legislators representing the eligible applicant's territory of
| ||||||
12 | its
intent to seek approval of a
waiver or
modification and of | ||||||
13 | the hearing to be held to take testimony from staff.
The | ||||||
14 | affected exclusive collective bargaining agents shall be | ||||||
15 | notified of such
public hearing at least 7 days prior to the | ||||||
16 | date of the hearing and shall be
allowed to attend
such public | ||||||
17 | hearing. The eligible applicant shall attest to compliance with | ||||||
18 | all of
the notification and procedural requirements set forth | ||||||
19 | in this Section. | ||||||
20 | (d) A request for a waiver or modification of | ||||||
21 | administrative rules and
regulations or for a modification of | ||||||
22 | mandates contained in this School Code
shall be submitted to | ||||||
23 | the State Board of Education within 15 days after
approval by | ||||||
24 | the board or regional superintendent of schools. The | ||||||
25 | application as submitted to the
State Board of Education shall | ||||||
26 | include a description of the public hearing. Except with |
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1 | respect to contracting for adaptive driver education, an | ||||||
2 | eligible applicant wishing to request a modification or waiver | ||||||
3 | of administrative rules of the State Board of Education | ||||||
4 | regarding contracting with a commercial driver training school | ||||||
5 | to provide the course of study authorized under Section 27-24.2 | ||||||
6 | of this Code must provide evidence with its application that | ||||||
7 | the commercial driver training school with which it will | ||||||
8 | contract holds a license issued by the Secretary of State under | ||||||
9 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
10 | each instructor employed by the commercial driver training | ||||||
11 | school to provide instruction to students served by the school | ||||||
12 | district holds a valid teaching certificate or teaching | ||||||
13 | license, as applicable, issued under the requirements of this | ||||||
14 | Code and rules of the State Board of Education. Such evidence | ||||||
15 | must include, but need not be limited to, a list of each | ||||||
16 | instructor assigned to teach students served by the school | ||||||
17 | district, which list shall include the instructor's name, | ||||||
18 | personal identification number as required by the State Board | ||||||
19 | of Education, birth date, and driver's license number. If the | ||||||
20 | modification or waiver is granted, then the eligible applicant | ||||||
21 | shall notify the State Board of Education of any changes in the | ||||||
22 | personnel providing instruction within 15 calendar days after | ||||||
23 | an instructor leaves the program or a new instructor is hired. | ||||||
24 | Such notification shall include the instructor's name, | ||||||
25 | personal identification number as required by the State Board | ||||||
26 | of Education, birth date, and driver's license number. If a |
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1 | school district maintains an Internet website, then the | ||||||
2 | district shall post a copy of the final contract between the | ||||||
3 | district and the commercial driver training school on the | ||||||
4 | district's Internet website. If no Internet website exists, | ||||||
5 | then the district shall make available the contract upon | ||||||
6 | request. A record of all materials in relation to the | ||||||
7 | application for contracting must be maintained by the school | ||||||
8 | district and made available to parents and guardians upon | ||||||
9 | request. The instructor's date of birth and driver's license | ||||||
10 | number and any other personally identifying information as | ||||||
11 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
12 | must be redacted from any public materials.
Following receipt | ||||||
13 | of the waiver or modification request, the
State Board shall | ||||||
14 | have 45 days to review the application and request. If the
| ||||||
15 | State Board fails to disapprove the application within that 45 | ||||||
16 | day period, the
waiver or modification shall be deemed granted. | ||||||
17 | The State Board
may disapprove
any request if it is not based | ||||||
18 | upon sound educational practices, endangers the
health or | ||||||
19 | safety of students or staff, compromises equal opportunities | ||||||
20 | for
learning, or fails to demonstrate that the intent of the | ||||||
21 | rule or mandate can be
addressed in a more effective, | ||||||
22 | efficient, or economical manner or have improved
student | ||||||
23 | performance as a primary goal. Any request disapproved by the | ||||||
24 | State
Board may be appealed to the General Assembly by the | ||||||
25 | eligible applicant
as outlined in this Section. | ||||||
26 | A request for a waiver from mandates contained in this |
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| |||||||
1 | School Code shall be
submitted to the State Board within 15 | ||||||
2 | days after approval by the board or regional superintendent of | ||||||
3 | schools.
The application as submitted to the State Board of | ||||||
4 | Education
shall include a description of the public hearing. | ||||||
5 | The description shall
include, but need not be limited to, the | ||||||
6 | means of notice, the number of people
in attendance, the number | ||||||
7 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
8 | brief description of their comments, and whether there were any
| ||||||
9 | written statements submitted.
The State Board shall review the | ||||||
10 | applications and requests for
completeness and shall compile | ||||||
11 | the requests in reports to be filed with the
General Assembly.
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12 | The State Board shall file
reports outlining the waivers
| ||||||
13 | requested by eligible applicants
and appeals by eligible | ||||||
14 | applicants of requests
disapproved by the State Board with the | ||||||
15 | Senate and the House of
Representatives before each March 1 and
| ||||||
16 | October
1. The General Assembly may disapprove the report of | ||||||
17 | the State Board in whole
or in part within 60 calendar days | ||||||
18 | after each house of the General Assembly
next
convenes after | ||||||
19 | the report is filed by adoption of a resolution by a record | ||||||
20 | vote
of the majority of members elected in each house. If the | ||||||
21 | General Assembly
fails to disapprove any waiver request or | ||||||
22 | appealed request within such 60
day period, the waiver or | ||||||
23 | modification shall be deemed granted. Any resolution
adopted by | ||||||
24 | the General Assembly disapproving a report of the State Board | ||||||
25 | in
whole or in part shall be binding on the State Board. | ||||||
26 | (e) An approved waiver or modification (except a waiver |
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1 | from or modification to a physical education mandate) may | ||||||
2 | remain in effect for a period not to
exceed 5 school years and | ||||||
3 | may be renewed upon application by the
eligible applicant. | ||||||
4 | However, such waiver or modification may be changed within that
| ||||||
5 | 5-year period by a board or regional superintendent of schools | ||||||
6 | applying on behalf of schools or programs operated by the | ||||||
7 | regional office of education following the procedure as set
| ||||||
8 | forth in this Section for the initial waiver or modification | ||||||
9 | request. If
neither the State Board of Education nor the | ||||||
10 | General Assembly disapproves, the
change is deemed granted. | ||||||
11 | An approved waiver from or modification to a physical | ||||||
12 | education mandate may remain in effect for a period not to | ||||||
13 | exceed 2 school years and may be renewed no more than 2 times | ||||||
14 | upon application by the eligible applicant. An approved waiver | ||||||
15 | from or modification to a physical education mandate may be | ||||||
16 | changed within the 2-year period by the board or regional | ||||||
17 | superintendent of schools, whichever is applicable, following | ||||||
18 | the procedure set forth in this Section for the initial waiver | ||||||
19 | or modification request. If neither the State Board of | ||||||
20 | Education nor the General Assembly disapproves, the change is | ||||||
21 | deemed granted.
| ||||||
22 | (f) (Blank). | ||||||
23 | (Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; | ||||||
24 | 98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
| ||||||
25 | (105 ILCS 5/10-22.34c)
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1 | Sec. 10-22.34c. Third party non-instructional services. | ||||||
2 | (a) A
board of education may enter into a contract with a | ||||||
3 | third party for
non-instructional services currently performed | ||||||
4 | by any employee or bargaining
unit member or lay off those | ||||||
5 | educational support personnel employees
upon 90 days
written | ||||||
6 | notice to
the affected employees, provided that: | ||||||
7 | (1) a contract must not be entered into and become | ||||||
8 | effective during the term of a collective bargaining | ||||||
9 | agreement, as that term is set forth in the agreement, | ||||||
10 | covering any employees who perform the non-instructional | ||||||
11 | services; | ||||||
12 | (2) a contract may only take effect upon the expiration | ||||||
13 | of an existing collective bargaining agreement; | ||||||
14 | (3) any third party that submits a bid to perform the | ||||||
15 | non-instructional services shall provide the following:
| ||||||
16 | (A) evidence of liability insurance in scope and | ||||||
17 | amount equivalent to the liability insurance provided | ||||||
18 | by the school board pursuant to Section 10-22.3 of this | ||||||
19 | Code;
| ||||||
20 | (B) (blank); a benefits package for the third | ||||||
21 | party's employees who will perform the | ||||||
22 | non-instructional services comparable to the benefits | ||||||
23 | package provided to school board employees who perform | ||||||
24 | those services; | ||||||
25 | (C) a list of the number of employees who will | ||||||
26 | provide the non-instructional services, the job |
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| |||||||
1 | classifications of those employees, and the wages the | ||||||
2 | third party will pay those employees; | ||||||
3 | (D) a minimum 3-year cost projection, using | ||||||
4 | generally accepted accounting principles and which the | ||||||
5 | third party is prohibited from increasing if the bid is | ||||||
6 | accepted by the school board, for each and every | ||||||
7 | expenditure category and account for performing the | ||||||
8 | non-instructional services; | ||||||
9 | (E) composite information about the criminal and | ||||||
10 | disciplinary records, including alcohol or other | ||||||
11 | substance abuse, Department of Children and Family | ||||||
12 | Services complaints and investigations, traffic | ||||||
13 | violations, and license revocations or any other | ||||||
14 | licensure problems, of any employees who may perform | ||||||
15 | the non-instructional services, provided that the | ||||||
16 | individual names and other identifying information of | ||||||
17 | employees need not be provided with the submission of | ||||||
18 | the bid, but must be made available upon request of the | ||||||
19 | school board; and
| ||||||
20 | (F) an affidavit, notarized by the president or | ||||||
21 | chief executive officer of the third party, that each | ||||||
22 | of its employees has completed a criminal background | ||||||
23 | check as required by Section 10-21.9 of this Code | ||||||
24 | within 3 months prior to submission of the bid, | ||||||
25 | provided that the results of such background checks | ||||||
26 | need not be provided with the submission of the bid, |
| |||||||
| |||||||
1 | but must be made available upon request of the school | ||||||
2 | board;
| ||||||
3 | (4) a contract must not be entered into unless the | ||||||
4 | school board provides a cost comparison, using generally | ||||||
5 | accepted accounting principles, of each and every | ||||||
6 | expenditure category and account that the school board | ||||||
7 | projects it would incur over the term of the contract if it | ||||||
8 | continued to perform the non-instructional services using | ||||||
9 | its own employees with each and every expenditure category | ||||||
10 | and account that is projected a third party would incur if | ||||||
11 | a third party performed the non-instructional services; | ||||||
12 | (5) review and consideration of all bids by third | ||||||
13 | parties to perform the non-instructional services shall | ||||||
14 | take place in open session of a regularly scheduled school | ||||||
15 | board meeting, unless the exclusive bargaining | ||||||
16 | representative of the employees who perform the | ||||||
17 | non-instructional services, if any such exclusive | ||||||
18 | bargaining representative exists, agrees in writing that | ||||||
19 | such review and consideration can take place in open | ||||||
20 | session at a specially scheduled school board meeting; | ||||||
21 | (6) a minimum of one public hearing, conducted by the | ||||||
22 | school board prior to a regularly scheduled school board | ||||||
23 | meeting, to discuss the school board's proposal to contract | ||||||
24 | with a third party to perform the non-instructional | ||||||
25 | services must be held before the school board may enter | ||||||
26 | into such a contract; the school board must provide notice |
| |||||||
| |||||||
1 | to the public of the date, time, and location of the first | ||||||
2 | public hearing on or before the initial date that bids to | ||||||
3 | provide the non-instructional services are solicited or a | ||||||
4 | minimum of 30 days prior to entering into such a contract, | ||||||
5 | whichever provides a greater period of notice; | ||||||
6 | (7) a contract shall contain provisions requiring the | ||||||
7 | contractor to offer available employee positions pursuant | ||||||
8 | to the contract to qualified school district employees | ||||||
9 | whose employment is terminated because of the contract; and | ||||||
10 | (8) a contract shall contain provisions requiring the | ||||||
11 | contractor to comply with a policy of nondiscrimination and | ||||||
12 | equal employment opportunity for all persons and to take | ||||||
13 | affirmative steps to provide equal opportunity for all | ||||||
14 | persons.
| ||||||
15 | (b) Notwithstanding subsection (a) of this Section, a board | ||||||
16 | of education may enter into a contract, of no longer than 3 | ||||||
17 | months in duration, with a third party for non-instructional | ||||||
18 | services currently performed by an employee or bargaining unit | ||||||
19 | member for the purpose of augmenting the current workforce in | ||||||
20 | an emergency situation that threatens the safety or health of | ||||||
21 | the school district's students or staff, provided that the | ||||||
22 | school board meets all of its obligations under the Illinois | ||||||
23 | Educational Labor Relations Act.
| ||||||
24 | (c) The changes to this Section made by this amendatory Act | ||||||
25 | of the 95th General Assembly are not applicable to | ||||||
26 | non-instructional services of a school district that on the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly are performed for the school district by a third | ||||||
3 | party.
| ||||||
4 | (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
| ||||||
5 | (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
| ||||||
6 | Sec. 27-6. Courses in physical education required; special | ||||||
7 | activities.
| ||||||
8 | (a) Pupils enrolled in the public schools and State | ||||||
9 | universities engaged in
preparing teachers shall be required to | ||||||
10 | engage
daily during the school day, except on block scheduled | ||||||
11 | days for those public schools engaged in block scheduling, in | ||||||
12 | courses of physical education for such
periods as are
| ||||||
13 | compatible with the optimum growth and developmental needs of
| ||||||
14 | individuals at the various age levels except when appropriate | ||||||
15 | excuses
are submitted to the school by a pupil's parent or | ||||||
16 | guardian or by a person
licensed under the Medical Practice Act | ||||||
17 | of 1987 and except as provided in
subsection (b) of this | ||||||
18 | Section.
| ||||||
19 | Special activities in physical education shall be provided | ||||||
20 | for pupils
whose physical or emotional condition, as determined | ||||||
21 | by a person licensed
under the Medical Practice Act of 1987, | ||||||
22 | prevents their participation in the
courses provided for normal | ||||||
23 | children.
| ||||||
24 | (b) A school board is authorized to excuse pupils enrolled
| ||||||
25 | in grades 11 and 12 from engaging in physical education courses |
| |||||||
| |||||||
1 | if those
pupils request to be excused for any of the following | ||||||
2 | reasons: (1) for
ongoing participation in an interscholastic
| ||||||
3 | athletic program; (2) to enroll in academic classes which are | ||||||
4 | required for
admission to an institution of higher learning, | ||||||
5 | provided that failure to
take such classes will result in the | ||||||
6 | pupil being denied admission to the
institution of his or her | ||||||
7 | choice; or (3) to enroll in academic classes
which are required | ||||||
8 | for graduation from high school, provided that failure to
take | ||||||
9 | such classes will result in the pupil being unable to graduate. | ||||||
10 | A school
board may also excuse pupils in grades 9 through 12 | ||||||
11 | enrolled in a marching band
program for credit from engaging in | ||||||
12 | physical education courses if those pupils
request to be | ||||||
13 | excused for ongoing participation in such marching band
| ||||||
14 | program. In addition, a pupil
in any of grades 3 through 12 who | ||||||
15 | is eligible for special education may be excused if the pupil's | ||||||
16 | parent or guardian agrees that the pupil
must utilize the time | ||||||
17 | set aside for physical education to receive special education | ||||||
18 | support and services or, if there is no agreement, the | ||||||
19 | individualized education program team for the pupil determines | ||||||
20 | that the pupil must utilize the time set aside for physical | ||||||
21 | education to receive special education support and services, | ||||||
22 | which agreement or determination must be made a part of the | ||||||
23 | individualized education program. However, a pupil requiring | ||||||
24 | adapted physical education must receive that service in | ||||||
25 | accordance with the individualized education program developed | ||||||
26 | for the pupil. If requested, a school board is authorized to |
| |||||||
| |||||||
1 | excuse a pupil from engaging in a physical education course if | ||||||
2 | the pupil has an individualized educational program under | ||||||
3 | Article 14 of this Code, is participating in an adaptive | ||||||
4 | athletic program outside of the school setting, and documents | ||||||
5 | such participation as determined by the school board. A school | ||||||
6 | board may also excuse pupils in grades 9 through 12 enrolled
in | ||||||
7 | a Reserve Officer's Training Corps (ROTC) program sponsored by | ||||||
8 | the school
district from engaging in physical education | ||||||
9 | courses.
School boards which choose to exercise this authority | ||||||
10 | shall establish a policy
to excuse pupils on an individual | ||||||
11 | basis.
| ||||||
12 | (b-5) In addition to the authority to excuse pupils under | ||||||
13 | subsection (b) of this Section, a school board may adopt a | ||||||
14 | policy excusing pupils, on an individual basis, from engaging | ||||||
15 | in physical education courses at any grade level if the pupil | ||||||
16 | requests to be excused for any of the following reasons: | ||||||
17 | (1) Because he or she is involved in other appropriate | ||||||
18 | fitness activities in school or out of school. The school | ||||||
19 | board's policy shall define "appropriate fitness | ||||||
20 | activities" as activities that, as determined by the school | ||||||
21 | district, provide a comparable educational and fitness | ||||||
22 | benefit to students as compared to the physical education | ||||||
23 | courses. | ||||||
24 | (2) For academic reasons other than those set forth in | ||||||
25 | subsection (b) of this Section. | ||||||
26 | (3) For any of the reasons set forth in subsection (b) |
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1 | of this Section, but for a different grade level. | ||||||
2 | A public hearing on whether to adopt a policy under this | ||||||
3 | subsection (b-5) must be held at a regular or special school | ||||||
4 | board meeting prior to adopting the policy. | ||||||
5 | (c) The provisions of this Section are subject to the | ||||||
6 | provisions of
Section 27-22.05.
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7 | (Source: P.A. 98-116, eff. 7-29-13.)
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8 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | ||||||
9 | Sec. 27-24.2. Safety education; driver education course. | ||||||
10 | Instruction shall be given in safety education in each of | ||||||
11 | grades one through 8, equivalent to one class period each week, | ||||||
12 | and any school district which maintains
grades 9 through 12 | ||||||
13 | shall offer a driver education course in any such school
which | ||||||
14 | it operates. Its curriculum shall include content dealing with | ||||||
15 | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, | ||||||
16 | the rules adopted pursuant to those Chapters insofar as they | ||||||
17 | pertain to the operation of motor vehicles, and the portions of | ||||||
18 | the Litter Control Act relating to the operation of motor | ||||||
19 | vehicles. The course of instruction given in grades 10 through | ||||||
20 | 12 shall include an emphasis on the development of knowledge, | ||||||
21 | attitudes, habits, and skills necessary for the safe operation | ||||||
22 | of motor vehicles, including motorcycles insofar as they can be | ||||||
23 | taught in the classroom, and instruction on distracted driving | ||||||
24 | as a major traffic safety issue. In addition, the course shall | ||||||
25 | include instruction on special hazards existing at and required |
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1 | safety and driving precautions that must be observed at | ||||||
2 | emergency situations, highway construction and maintenance | ||||||
3 | zones, and railroad crossings and the approaches thereto. | ||||||
4 | Beginning with the 2017-2018 school year, the course shall also | ||||||
5 | include instruction concerning law enforcement procedures for | ||||||
6 | traffic stops, including a demonstration of the proper actions | ||||||
7 | to be taken during a traffic stop and appropriate interactions | ||||||
8 | with law enforcement. The course of instruction required of | ||||||
9 | each eligible student at the high school level shall consist of | ||||||
10 | a minimum of 30 clock hours of classroom instruction and a | ||||||
11 | minimum of 6 clock hours of individual behind-the-wheel | ||||||
12 | instruction in a dual control car on public roadways taught by | ||||||
13 | a driver education instructor endorsed by the State Board of | ||||||
14 | Education. Both the classroom instruction part and the practice | ||||||
15 | driving
part of such driver education course shall be open to a | ||||||
16 | resident or
non-resident student attending a non-public school | ||||||
17 | in the district wherein the
course is offered. Each student | ||||||
18 | attending any public or non-public high school
in the district | ||||||
19 | must receive a passing grade in at least 8 courses during the
| ||||||
20 | previous 2 semesters prior to enrolling in a driver education | ||||||
21 | course, or the
student shall not be permitted to enroll in the | ||||||
22 | course; provided that the local
superintendent of schools (with | ||||||
23 | respect to a student attending a public high
school in the | ||||||
24 | district) or chief school administrator (with respect to a
| ||||||
25 | student attending a non-public high school in the district) may | ||||||
26 | waive the
requirement if the superintendent or chief school |
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1 | administrator, as the case
may be, deems it to be in the best | ||||||
2 | interest of the student. A student may be allowed to commence | ||||||
3 | the
classroom instruction part of such driver education course | ||||||
4 | prior to reaching
age 15 if such student then will be eligible | ||||||
5 | to complete the entire course
within 12 months after being | ||||||
6 | allowed to commence such classroom instruction. | ||||||
7 | A school district may offer a driver education course in a | ||||||
8 | school by contracting with a commercial driver training school | ||||||
9 | to provide both the classroom instruction part and the practice | ||||||
10 | driving part or either one without having to request a | ||||||
11 | modification or waiver of administrative rules of the State | ||||||
12 | Board of Education if a public hearing on whether to enter into | ||||||
13 | a contract with a commercial driver training school has been | ||||||
14 | held at a regular or special school board meeting prior to | ||||||
15 | entering into such a contract. If a school district chooses to | ||||||
16 | contract with a commercial driver training school, then the | ||||||
17 | district must provide evidence to the State Board of Education | ||||||
18 | that the commercial driver training school with which it will | ||||||
19 | contract holds a license issued by the Secretary of State under | ||||||
20 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
21 | each instructor employed by the commercial driver training | ||||||
22 | school to provide instruction to students served by the school | ||||||
23 | district holds a valid teaching license issued under the | ||||||
24 | requirements of this Code and rules of the State Board of | ||||||
25 | Education. Such evidence must include, but need not be limited | ||||||
26 | to, a list of each instructor assigned to teach students served |
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1 | by the school district, which list shall include the | ||||||
2 | instructor's name, personal identification number as required | ||||||
3 | by the State Board of Education, birth date, and driver's | ||||||
4 | license number. Once the contract is entered into, the school | ||||||
5 | district shall notify the State Board of Education of any | ||||||
6 | changes in the personnel providing instruction within 15 | ||||||
7 | calendar days after an instructor leaves the program or a new | ||||||
8 | instructor is hired. Such notification shall include the | ||||||
9 | instructor's name, personal identification number as required | ||||||
10 | by the State Board of Education, birth date, and driver's | ||||||
11 | license number. If the school district maintains an Internet | ||||||
12 | website, then the district shall post a copy of the final | ||||||
13 | contract between the district and the commercial driver | ||||||
14 | training school on the district's Internet website. If no | ||||||
15 | Internet website exists, then the school district shall make | ||||||
16 | available the contract upon request. A record of all materials | ||||||
17 | in relation to the contract must be maintained by the school | ||||||
18 | district and made available to parents and guardians upon | ||||||
19 | request. The instructor's date of birth and driver's license | ||||||
20 | number and any other personally identifying information as | ||||||
21 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
22 | must be redacted from any public materials. | ||||||
23 | Such a course may be commenced immediately after the | ||||||
24 | completion of a prior
course. Teachers of such courses shall | ||||||
25 | meet the licensure certification requirements of
this Code Act | ||||||
26 | and regulations of the State Board as to qualifications. |
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1 | Subject to rules of the State Board of Education, the | ||||||
2 | school district may charge a reasonable fee, not to exceed $50, | ||||||
3 | to students who participate in the course, unless a student is | ||||||
4 | unable to pay for such a course, in which event the fee for | ||||||
5 | such a student must be waived. However, the district may | ||||||
6 | increase this fee to an amount not to exceed $250 by school | ||||||
7 | board resolution following a public hearing on the increase, | ||||||
8 | which increased fee must be waived for students who participate | ||||||
9 | in the course and are unable to pay for the course. The total | ||||||
10 | amount from driver education fees and reimbursement from the | ||||||
11 | State for driver education must not exceed the total cost of | ||||||
12 | the driver education program in any year and must be deposited | ||||||
13 | into the school district's driver education fund as a separate | ||||||
14 | line item budget entry. All moneys deposited into the school | ||||||
15 | district's driver education fund must be used solely for the | ||||||
16 | funding of a high school driver education program approved by | ||||||
17 | the State Board of Education that uses driver education | ||||||
18 | instructors endorsed by the State Board of Education. | ||||||
19 | (Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17 .)
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