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92_SB1240ham001
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1 AMENDMENT TO SENATE BILL 1240
2 AMENDMENT NO. . Amend Senate Bill 1240 on page 1, by
3 replacing line 6 with the following:
4 "and 27-24.11 as follows:"; and
5 on page 1, line 9, by replacing "27-24.12" with "27-24.11";
6 and
7 on page 1, by replacing lines 12 through 30 with the
8 following:
9 "(105 ILCS 5/27-24.9 new)
10 Sec. 27-24.9. Parent-directed or guardian-directed
11 driver education.
12 (a) A parent or legal guardian may teach his or her
13 child's driver education course if the parent or guardian:
14 (1) is a licensed driver;
15 (2) has not had his or her driver's license
16 suspended within the past 5 years;
17 (3) has never been convicted of driving under the
18 influence of alcohol, drugs, or intoxicating compounds,
19 leaving the scene of an accident involving personal
20 injury or death, or reckless homicide and has never
21 received a statutory summary suspension of his or her
22 driver's license; and
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1 (4) uses a parent-directed or guardian-directed
2 driver education course that has been approved by the
3 State Board of Education in accordance with this Section.
4 (b) Completion of a parent-directed or guardian-directed
5 driver education course approved under this Section is
6 equivalent to completion of a school-based driver education
7 course approved by the State Board. A student participating
8 in a parent-directed or guardian-directed driver education
9 course approved by the State Board must meet the academic and
10 age requirements for participating in driver education under
11 Section 27-24.2 of this Code. The provider of an approved
12 parent-directed or guardian-directed driver education course
13 must, upon request, supply parents and guardians with the
14 forms required to obtain an instruction permit under the
15 Illinois Vehicle Code.
16 (c) A parent or guardian electing to teach his or her
17 child's driver education course must maintain adequate
18 records to demonstrate that the approved parent-directed or
19 guardian-directed driver education course was completed and
20 must provide those records to the person or company providing
21 the course. The parent or guardian must supply all original
22 tests from each lesson, original driver final evaluation
23 sheets from each lesson, and all original driving logs from
24 each lesson to the person or company providing the course.
25 The parent or guardian must demonstrate proof of insurance to
26 the person or company providing the course.
27 (d) A student participating in a parent-directed or
28 guardian-directed driver education course must spend at least
29 30 hours in classroom instruction and 50 hours in practice
30 driving instruction, including at least 10 hours of nighttime
31 driving.
32 (e) The State Board may not approve a parent-directed or
33 guardian-directed driver education course unless the State
34 Board determines that the curriculum is at least equal to
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1 that required in a school-based driver education course
2 approved by the State Board. The State Board, however, may
3 not require that the classroom instruction be provided in a
4 room having particular characteristics or equipment or that
5 the motor vehicle used for the practice driving instruction
6 have equipment other than the equipment required by law for
7 operation on a highway.
8 (f) Before the State Board may approve a parent-directed
9 or guardian-directed driver education course, the person or
10 company offering the course must register with the Secretary
11 of State to do business in Illinois and must have
12 professional liability insurance in the amount of no less
13 than $1,000,000, covering the course materials and person or
14 company being considered and extending coverage to a student
15 and his or her parent or guardian during practice driving
16 instruction. The insurance policy must include the State of
17 Illinois as an additional insured.
18 (g) The Secretary of State shall supply to providers
19 with approved parent-directed or guardian-directed driver
20 education courses applications and other materials necessary
21 for obtaining an instruction permit under the Illinois
22 Vehicle Code, upon the provider's request. The provider of
23 the course must maintain adequate records and, upon request
24 by the State Board or the Secretary of State, provide
25 documentation verifying compliance with this Section and its
26 implementing rules.
27 (h) The State Board, upon application accompanied by a
28 $500 fee, which shall be deposited in the Driver Education
29 Fund in the State treasury, is authorized to approve a
30 parent-directed or guardian-directed driver education course
31 if the course includes lessons teaching students the dangers
32 of drinking and driving and provides step-wise, systematic,
33 and progressive levels of instruction with concurrent
34 classroom and driving instruction that meets all other
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1 requirements of this Section. The course must have concurrent
2 classroom and driving instruction, becoming more complex as
3 the student's skill levels and knowledge increase and moving
4 from simple driving decisions to more complex driving
5 decisions as the student masters skill levels. The course
6 must follow the following sequence:
7 (1) Students must be taught basic State laws and
8 rules regarding driving and the mechanical operation of a
9 motor vehicle. Students shall fulfill all requirements
10 to receive their instruction permits under the Illinois
11 Vehicle Code.
12 (2) Students must receive off-street instruction,
13 graduating to driving on low-volume, 2-lane roads at a
14 maximum speed of 30 miles per hour. Students must be
15 taught basic driving rules and how to identify possible
16 driving hazards.
17 (3) Students must graduate to driving on avenues
18 and boulevards at a maximum speed of 35 miles per hour.
19 Students must be taught car control, lane positions, and
20 to focus on keeping the proper spacing around the motor
21 vehicle.
22 (4) Students must continue to practice and improve
23 their driving skills on avenues and boulevards. Students
24 must graduate to driving on 4-lane roads with maximum
25 speed limits of 45 miles per hour, while continuing to
26 focus on proper lane positioning and lane use as well as
27 vehicle spacing.
28 (5) Students must focus on the importance of
29 driving at safe speeds under all conditions. Students
30 must be instructed on how to deal with emergency road
31 situations. Students must be permitted to drive in
32 downtown traffic, on roads with a 45 mile per hour speed
33 limit, and learn how to properly park their motor
34 vehicles.
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1 (6) Students must learn how to handle driving
2 emergencies, learning collision avoidance techniques to
3 be better prepared for the unexpected. Students must
4 graduate to driving on the freeway.
5 (7) Students must focus on thinking and behavior
6 while driving. Students must learn about automobile
7 insurance, protecting themselves and their motor
8 vehicles, and security measures that can be taken.
9 Students must receive a final evaluation that includes
10 freeway driving, city driving, rural driving, driving on
11 busy 4-lane roads, and reversing, as applicable to the
12 student's environment. Upon passing the final evaluation,
13 the student shall qualify for certification of completion
14 of the course.
15 (i) The provider of an approved parent-directed or
16 guardian-directed driver education course must offer
17 technical support during business hours Monday through
18 Friday. The curriculum must provide a midcourse check point.
19 At this point, all driving logs and classroom work must be
20 reviewed by technical support to determine whether a parent
21 or guardian is properly teaching the course. At the
22 conclusion of the course, the provider must certify to the
23 State Board whether the course has been successfully
24 completed, including the total hours the student spent on the
25 course, as evidenced by the records and affidavits submitted
26 by the parent or guardian. Upon notification that the
27 student has successfully completed the course, the State
28 Board shall forward to the provider the State certification
29 of completion of an approved driver education course. The
30 provider shall forward the certification to the parent or
31 guardian.
32 (j) The State Board may adopt any rules necessary to
33 implement this Section and shall make a listing of approved
34 parent-directed or guardian-directed driver education courses
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1 available on its Internet web site.
2 (k) Nothing in this Section or Section 27-24.10 shall be
3 construed to allow a school to subcontract for driver
4 education.
5 (105 ILCS 5/27-24.10 new)
6 Sec. 27-24.10. Compliance; change in curriculum. A
7 person or company providing an approved parent-directed or
8 guardian-directed driver education course shall comply with
9 all provisions of Sections 27-24.9 through 27-24.11 of this
10 Code and any rules adopted under those Sections. Any
11 proposed change in an approved curriculum shall be submitted
12 to the State Board for approval before the change is
13 implemented. The State Board must terminate the approval of
14 any parent-directed or guardian-directed driver education
15 course that is not in compliance with this Section or its
16 implementing rules.
17 (105 ILCS 5/27-24.11 new)
18 Sec. 27-24.11. Penalty. A person is guilty of a Class C
19 misdemeanor if he or she knowingly does any of the following:
20 (1) Offers or provides to parents and guardians a
21 parent-directed or guardian-directed driver education
22 course that has not been approved by the State Board.
23 (2) Provides false information to the State Board
24 in an application for approval of a parent-directed or
25 guardian-directed driver education course.
26 (3) Falsely certifies that a student has
27 successfully completed a parent-directed or
28 guardian-directed driver education course.
29 (4) Possesses a certificate of completion of a
30 parent-directed or guardian-directed driver education
31 course that he or she is not authorized to possess.
32 (5) Transfers a certificate of completion of a
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1 parent-directed or guardian-directed driver education
2 course to a person who is not authorized to possess the
3 certificate."; and
4 by deleting pages 2 and 3; and
5 on page 4, by deleting lines 1 through 8.