Sen. Susan Garrett

Filed: 4/11/2011

 

 


 

 


 
09700SB2135sam004LRB097 05805 HEP 54382 a

1
AMENDMENT TO SENATE BILL 2135

2    AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 6-411 as follows:
 
7    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)
8    Sec. 6-411. Qualifications of Driver Training Instructors.
9    (1) In order to qualify for a license as an instructor for
10a driving school, an applicant must:
11        (a) Be of good moral character;
12        (b) Authorize an investigation to include a
13    fingerprint based background check to determine if the
14    applicant has ever been convicted of a crime and if so, the
15    disposition of those convictions; this authorization shall
16    indicate the scope of the inquiry and the agencies which

 

 

09700SB2135sam004- 2 -LRB097 05805 HEP 54382 a

1    may be contacted. Upon this authorization the Secretary of
2    State may request and receive information and assistance
3    from any federal, state or local governmental agency as
4    part of the authorized investigation. Each applicant shall
5    submit his or her fingerprints to the Department of State
6    Police in the form and manner prescribed by the Department
7    of State Police. These fingerprints shall be checked
8    against the fingerprint records now and hereafter filed in
9    the Department of State Police and Federal Bureau of
10    Investigation criminal history records databases. The
11    Department of State Police shall charge a fee for
12    conducting the criminal history records check, which shall
13    be deposited in the State Police Services Fund and shall
14    not exceed the actual cost of the records check. The
15    applicant shall be required to pay all related fingerprint
16    fees including, but not limited to, the amounts established
17    by the Department of State Police and the Federal Bureau of
18    Investigation to process fingerprint based criminal
19    background investigations. The Department of State Police
20    shall provide information concerning any criminal
21    convictions, and their disposition, brought against the
22    applicant upon request of the Secretary of State when the
23    request is made in the form and manner required by the
24    Department of State Police. Unless otherwise prohibited by
25    law, the information derived from this investigation
26    including the source of this information, and any

 

 

09700SB2135sam004- 3 -LRB097 05805 HEP 54382 a

1    conclusions or recommendations derived from this
2    information by the Secretary of State shall be provided to
3    the applicant, or his designee, upon request to the
4    Secretary of State, prior to any final action by the
5    Secretary of State on the application. Any criminal
6    convictions and their disposition information obtained by
7    the Secretary of State shall be confidential and may not be
8    transmitted outside the Office of the Secretary of State,
9    except as required herein, and may not be transmitted to
10    anyone within the Office of the Secretary of State except
11    as needed for the purpose of evaluating the applicant. The
12    information obtained from this investigation may be
13    maintained by the Secretary of State or any agency to which
14    such information was transmitted. Only information and
15    standards which bear a reasonable and rational relation to
16    the performance of a driver training instructor shall be
17    used by the Secretary of State. Any employee of the
18    Secretary of State who gives or causes to be given away any
19    confidential information concerning any criminal charges
20    and their disposition of an applicant shall be guilty of a
21    Class A misdemeanor unless release of such information is
22    authorized by this Section;
23        (c) Pass such examination as the Secretary of State
24    shall require on (1) traffic laws, (2) safe driving
25    practices, (3) operation of motor vehicles, and (4)
26    qualifications of teacher;

 

 

09700SB2135sam004- 4 -LRB097 05805 HEP 54382 a

1        (d) Be physically able to operate safely a motor
2    vehicle and to train others in the operation of motor
3    vehicles. An instructors license application must be
4    accompanied by a medical examination report completed by a
5    competent physician licensed to practice in the State of
6    Illinois;
7        (e) Hold a valid Illinois drivers license;
8        (f) Have graduated from an accredited high school after
9    at least 4 years of high school education or the
10    equivalent; and
11        (g) Pay to the Secretary of State an application and
12    license fee of $70.
13    (2) If a driver training school class room instructor or
14behind-the-wheel instructor teaches an approved driver
15education course, as defined in Section 1-103 of this Code, to
16students under 18 years of age, the instructor must meet the
17following requirements in addition to the requirements
18contained in subsection (1) of this Section:
19        (a) the instructor must have completed 3 consecutive
20    courses in driver task analysis, class room knowledge, and
21    vehicle operational and instructional skills at a State of
22    Illinois accredited university, college, or community
23    college. The courses shall include no less than 8 hours of
24    classroom observation including instructional
25    participation and 12 hours of driving observation
26    including instructional participation of a qualified

 

 

09700SB2135sam004- 5 -LRB097 05805 HEP 54382 a

1    State-licensed or Illinois State Board of Education
2    certified and endorsed driving instructor. Before
3    licensure by the Secretary of State, an instructor who has
4    completed these courses in another state shall have the
5    coursework evaluated and approved by a State of Illinois
6    accredited university, college, or community college that
7    offers such courses;
8        (b) the instructor must have passed a standardized
9    Illinois minimal competency instructor exam on how to teach
10    driver education as administered by an accredited State
11    university, college, or community college;
12        (c) the instructor must qualify for relicensing every 2
13    years through participation in 15 hours of continuing
14    education to improve driver education teaching competency.
15    The professional development training may be obtained
16    through a State agency, college, or university or
17    professional education organization. Professional
18    development hours shall be accepted for the purpose of
19    enhancing instructional knowledge and skills in support of
20    teaching driver education best practices. The instructor
21    must maintain a professional development file that
22    includes the agenda, objectives, time schedule, and all
23    completion certificates for the continuing education,
24    which must be submitted every 2 years to the Secretary of
25    State for approval, collection, and storage;
26        (d) the instructor must submit to a teaching

 

 

09700SB2135sam004- 6 -LRB097 05805 HEP 54382 a

1    observation and evaluation by a State official every 2
2    years; and
3        (e) the instructor must use the National Driver
4    Education Standards curriculum. The curriculum must be
5    endorsed by the Illinois State Board of Education for both
6    public and commercial driving schools. A driver training
7    school class room instructor or behind-the-wheel
8    instructor under this subsection (e) shall require
9    students under 18 years of age to obtain at least 6 hours
10    of in-car driving observation of another student that is
11    under the direct supervision of an instructor meeting the
12    qualifications contained in this Section. The curriculum
13    required under this subsection (e) shall include but is not
14    limited to the following:
15            (i) elements of distracted driving, including text
16        messaging and cell phone use;
17            (ii) highway construction and maintenance zones;
18            (iii) railroad crossing safety;
19            (iv) alcohol and drug use prevention awareness;
20            (v) organ donation education;
21            (vi) a unit on driving laws that pertain primarily
22        to teen drivers, including graduated driver's license
23        requirements, curfew laws, and zero tolerance;
24            (vii) an educationally sound, widely accepted
25        driver education textbook that will be provided for
26        purchase or loan, to be kept by each student throughout

 

 

09700SB2135sam004- 7 -LRB097 05805 HEP 54382 a

1        the duration of the course for use at both home and
2        school;
3            (viii) if feasible, professional speakers
4        discussing traffic safety and other related topics;
5            (ix) use of an educationally sound, widely
6        accepted driver education instructor's textbook; and
7            (ix) a State-approved standardized final exam to
8        insure minimal student competency in the classroom
9        portion of the course.
10    (3) If a driver training school class room instructor or
11behind-the-wheel instructor teaches an approved driver
12education course, as defined in Section 1-103 of this Code, to
13students under 18 years of age, the instructor shall be subject
14to oversight by the Secretary of State. The collection and
15storage of all personnel teaching credentials, instructor
16teaching certificates or licenses, endorsements or other
17credentials, will be required of the Secretary of State.
18    (4) Except as otherwise provided in this Section, effective
19January 1, 2012, any person holding, or any applicant for, a
20commercial driving school instructor's license to teach teens
21issued by the Secretary of State, must complete the courses
22required by paragraphs (a) and (b) of subsection (2) of this
23Section by July 1, 2014. As of January 1, 2012, any person
24holding a commercial driving school instructor's license to
25teach teens, issued by the Secretary of State, that has 5 or
26more continuous years teaching at a teen-accredited commercial

 

 

09700SB2135sam004- 8 -LRB097 05805 HEP 54382 a

1driving school licensed by the Secretary, is exempt from
2paragraphs (a) and (b) of subsection (2) of this Section.
3    (5) If a driver training school class room instructor or
4behind-the-wheel instructor teaches an approved driver
5education course, as defined in Section 1-103 of this Code, to
6students under 18 years of age, he or she shall furnish to the
7Secretary of State a certificate issued by the State Board of
8Education that the said instructor is qualified and meets the
9minimum educational standards for teaching driver education
10courses in the local public or parochial school systems, except
11that no State Board of Education certification shall be
12required of any instructor who teaches exclusively in a
13commercial driving school unless that same commercial driving
14school is in a contractual relationship with a public school
15for the purpose of teaching an approved driver education course
16as defined by Section 1-103 of this Code. On and after July 1,
171986, the existing rules and regulations of the State Board of
18Education concerning commercial driving schools shall continue
19to remain in effect and but shall be administered by the
20Secretary of State until such time as the Secretary of State
21shall amend or repeal the rules in accordance with the Illinois
22Administrative Procedure Act. Upon request, the Secretary of
23State shall issue a certificate of completion to a student
24under 18 years of age who has completed an approved driver
25education course at a commercial driving school.
26    (7) The Secretary of State is responsible for overseeing

 

 

09700SB2135sam004- 9 -LRB097 05805 HEP 54382 a

1each commercial driving school and shall make available
2verification that each instructor has met all instructor
3licensing requirements.
4(Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10;
596-962, eff. 7-2-10.)".