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Full Text of SB1125  100th General Assembly

SB1125sam002 100TH GENERAL ASSEMBLY

Sen. Jason A. Barickman

Filed: 5/31/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1125

2    AMENDMENT NO. ______. Amend Senate Bill 1125 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.25g, 10-22.34c, 27-6, 27-7, and 27-24.2 and by adding
6Sections 17-6.5, 22-62, and 34-54.5 as follows:
 
7    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
8    Sec. 2-3.25g. Waiver or modification of mandates within the
9School Code and administrative rules and regulations.
10    (a) In this Section:
11        "Board" means a school board or the governing board or
12    administrative district, as the case may be, for a joint
13    agreement.
14        "Eligible applicant" means a school district, joint
15    agreement made up of school districts, or regional
16    superintendent of schools on behalf of schools and programs

 

 

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1    operated by the regional office of education.
2        "Implementation date" has the meaning set forth in
3    Section 24A-2.5 of this Code.
4        "State Board" means the State Board of Education.
5    (b) Notwithstanding any other provisions of this School
6Code or any other law of this State to the contrary, eligible
7applicants may petition the State Board of Education for the
8waiver or modification of the mandates of this School Code or
9of the administrative rules and regulations promulgated by the
10State Board of Education. Waivers or modifications of
11administrative rules and regulations and modifications of
12mandates of this School Code may be requested when an eligible
13applicant demonstrates that it can address the intent of the
14rule or mandate in a more effective, efficient, or economical
15manner or when necessary to stimulate innovation or improve
16student performance. Waivers of mandates of the School Code may
17be requested when the waivers are necessary to stimulate
18innovation or improve student performance. Waivers may not be
19requested from laws, rules, and regulations pertaining to
20special education, teacher educator licensure, teacher tenure
21and seniority, or Section 5-2.1 of this Code or from compliance
22with the No Child Left Behind Act of 2001 (Public Law 107-110).
23Eligible applicants may not seek a waiver or seek a
24modification of a mandate regarding the requirements for (i)
25student performance data to be a significant factor in teacher
26or principal evaluations or (ii) teachers and principals to be

 

 

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1rated using the 4 categories of "excellent", "proficient",
2"needs improvement", or "unsatisfactory". On September 1,
32014, any previously authorized waiver or modification from
4such requirements shall terminate.
5    (c) Eligible applicants, as a matter of inherent managerial
6policy, and any Independent Authority established under
7Section 2-3.25f-5 of this Code may submit an application for a
8waiver or modification authorized under this Section. Each
9application must include a written request by the eligible
10applicant or Independent Authority and must demonstrate that
11the intent of the mandate can be addressed in a more effective,
12efficient, or economical manner or be based upon a specific
13plan for improved student performance and school improvement.
14Any eligible applicant requesting a waiver or modification for
15the reason that intent of the mandate can be addressed in a
16more economical manner shall include in the application a
17fiscal analysis showing current expenditures on the mandate and
18projected savings resulting from the waiver or modification.
19Applications and plans developed by eligible applicants must be
20approved by the board or regional superintendent of schools
21applying on behalf of schools or programs operated by the
22regional office of education following a public hearing on the
23application and plan and the opportunity for the board or
24regional superintendent to hear testimony from staff directly
25involved in its implementation, parents, and students. The time
26period for such testimony shall be separate from the time

 

 

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1period established by the eligible applicant for public comment
2on other matters. If the applicant is a school district or
3joint agreement requesting a waiver or modification of Section
427-6 of this Code, the public hearing shall be held on a day
5other than the day on which a regular meeting of the board is
6held.
7    (c-5) If the applicant is a school district, then the
8district shall post information that sets forth the time, date,
9place, and general subject matter of the public hearing on its
10Internet website at least 14 days prior to the hearing. If the
11district is requesting to increase the fee charged for driver
12education authorized pursuant to Section 27-24.2 of this Code,
13the website information shall include the proposed amount of
14the fee the district will request. All school districts must
15publish a notice of the public hearing at least 7 days prior to
16the hearing in a newspaper of general circulation within the
17school district that sets forth the time, date, place, and
18general subject matter of the hearing. Districts requesting to
19increase the fee charged for driver education shall include in
20the published notice the proposed amount of the fee the
21district will request. If the applicant is a joint agreement or
22regional superintendent, then the joint agreement or regional
23superintendent shall post information that sets forth the time,
24date, place, and general subject matter of the public hearing
25on its Internet website at least 14 days prior to the hearing.
26If the joint agreement or regional superintendent is requesting

 

 

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1to increase the fee charged for driver education authorized
2pursuant to Section 27-24.2 of this Code, the website
3information shall include the proposed amount of the fee the
4applicant will request. All joint agreements and regional
5superintendents must publish a notice of the public hearing at
6least 7 days prior to the hearing in a newspaper of general
7circulation in each school district that is a member of the
8joint agreement or that is served by the educational service
9region that sets forth the time, date, place, and general
10subject matter of the hearing, provided that a notice appearing
11in a newspaper generally circulated in more than one school
12district shall be deemed to fulfill this requirement with
13respect to all of the affected districts. Joint agreements or
14regional superintendents requesting to increase the fee
15charged for driver education shall include in the published
16notice the proposed amount of the fee the applicant will
17request. The eligible applicant must notify in writing the
18affected exclusive collective bargaining agent and those State
19legislators representing the eligible applicant's territory of
20its intent to seek approval of a waiver or modification and of
21the hearing to be held to take testimony from staff. The
22affected exclusive collective bargaining agents shall be
23notified of such public hearing at least 7 days prior to the
24date of the hearing and shall be allowed to attend such public
25hearing. The eligible applicant shall attest to compliance with
26all of the notification and procedural requirements set forth

 

 

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1in this Section.
2    (d) A request for a waiver or modification of
3administrative rules and regulations or for a modification of
4mandates contained in this School Code shall be submitted to
5the State Board of Education within 15 days after approval by
6the board or regional superintendent of schools. The
7application as submitted to the State Board of Education shall
8include a description of the public hearing. Except with
9respect to contracting for adaptive driver education, an
10eligible applicant wishing to request a modification or waiver
11of administrative rules of the State Board of Education
12regarding contracting with a commercial driver training school
13to provide the course of study authorized under Section 27-24.2
14of this Code must provide evidence with its application that
15the commercial driver training school with which it will
16contract holds a license issued by the Secretary of State under
17Article IV of Chapter 6 of the Illinois Vehicle Code and that
18each instructor employed by the commercial driver training
19school to provide instruction to students served by the school
20district holds a valid teaching certificate or teaching
21license, as applicable, issued under the requirements of this
22Code and rules of the State Board of Education. Such evidence
23must include, but need not be limited to, a list of each
24instructor assigned to teach students served by the school
25district, which list shall include the instructor's name,
26personal identification number as required by the State Board

 

 

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1of Education, birth date, and driver's license number. If the
2modification or waiver is granted, then the eligible applicant
3shall notify the State Board of Education of any changes in the
4personnel providing instruction within 15 calendar days after
5an instructor leaves the program or a new instructor is hired.
6Such notification shall include the instructor's name,
7personal identification number as required by the State Board
8of Education, birth date, and driver's license number. If a
9school district maintains an Internet website, then the
10district shall post a copy of the final contract between the
11district and the commercial driver training school on the
12district's Internet website. If no Internet website exists,
13then the district shall make available the contract upon
14request. A record of all materials in relation to the
15application for contracting must be maintained by the school
16district and made available to parents and guardians upon
17request. The instructor's date of birth and driver's license
18number and any other personally identifying information as
19deemed by the federal Driver's Privacy Protection Act of 1994
20must be redacted from any public materials. Following receipt
21of the waiver or modification request, the State Board shall
22have 45 days to review the application and request. If the
23State Board fails to disapprove the application within that 45
24day period, the waiver or modification shall be deemed granted.
25The State Board may disapprove any request if it is not based
26upon sound educational practices, endangers the health or

 

 

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1safety of students or staff, compromises equal opportunities
2for learning, or fails to demonstrate that the intent of the
3rule or mandate can be addressed in a more effective,
4efficient, or economical manner or have improved student
5performance as a primary goal. Any request disapproved by the
6State Board may be appealed to the General Assembly by the
7eligible applicant as outlined in this Section.
8    A request for a waiver from mandates contained in this
9School Code shall be submitted to the State Board within 15
10days after approval by the board or regional superintendent of
11schools. The application as submitted to the State Board of
12Education shall include a description of the public hearing.
13The description shall include, but need not be limited to, the
14means of notice, the number of people in attendance, the number
15of people who spoke as proponents or opponents of the waiver, a
16brief description of their comments, and whether there were any
17written statements submitted. The State Board shall review the
18applications and requests for completeness and shall compile
19the requests in reports to be filed with the General Assembly.
20The State Board shall file reports outlining the waivers
21requested by eligible applicants and appeals by eligible
22applicants of requests disapproved by the State Board with the
23Senate and the House of Representatives before each March 1 and
24October 1. The General Assembly may disapprove the report of
25the State Board in whole or in part within 60 calendar days
26after each house of the General Assembly next convenes after

 

 

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1the report is filed by adoption of a resolution by a record
2vote of the majority of members elected in each house. If the
3General Assembly fails to disapprove any waiver request or
4appealed request within such 60 day period, the waiver or
5modification shall be deemed granted. Any resolution adopted by
6the General Assembly disapproving a report of the State Board
7in whole or in part shall be binding on the State Board.
8    (e) An approved waiver or modification (except a waiver
9from or modification to a physical education mandate) may
10remain in effect for a period not to exceed 5 school years and
11may be renewed upon application by the eligible applicant.
12However, such waiver or modification may be changed within that
135-year period by a board or regional superintendent of schools
14applying on behalf of schools or programs operated by the
15regional office of education following the procedure as set
16forth in this Section for the initial waiver or modification
17request. If neither the State Board of Education nor the
18General Assembly disapproves, the change is deemed granted.
19    An approved waiver from or modification to a physical
20education mandate may remain in effect for a period not to
21exceed 2 school years and may be renewed no more than 2 times
22upon application by the eligible applicant. An approved waiver
23from or modification to a physical education mandate may be
24changed within the 2-year period by the board or regional
25superintendent of schools, whichever is applicable, following
26the procedure set forth in this Section for the initial waiver

 

 

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1or modification request. If neither the State Board of
2Education nor the General Assembly disapproves, the change is
3deemed granted.
4    (f) (Blank).
5(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
698-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
 
7    (105 ILCS 5/10-22.34c)
8    Sec. 10-22.34c. Third party non-instructional services.
9    (a) A board of education may enter into a contract with a
10third party for non-instructional services currently performed
11by any employee or bargaining unit member or lay off those
12educational support personnel employees upon 90 days written
13notice to the affected employees, provided that:
14        (1) a contract must not be entered into and become
15    effective during the term of a collective bargaining
16    agreement, as that term is set forth in the agreement,
17    covering any employees who perform the non-instructional
18    services;
19        (2) a contract may only take effect upon the expiration
20    of an existing collective bargaining agreement;
21        (3) any third party that submits a bid to perform the
22    non-instructional services shall provide the following:
23            (A) evidence of liability insurance in scope and
24        amount equivalent to the liability insurance provided
25        by the school board pursuant to Section 10-22.3 of this

 

 

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1        Code;
2            (B) (blank); a benefits package for the third
3        party's employees who will perform the
4        non-instructional services comparable to the benefits
5        package provided to school board employees who perform
6        those services;
7            (C) a list of the number of employees who will
8        provide the non-instructional services, the job
9        classifications of those employees, and the wages the
10        third party will pay those employees;
11            (D) a minimum 3-year cost projection, using
12        generally accepted accounting principles and which the
13        third party is prohibited from increasing if the bid is
14        accepted by the school board, for each and every
15        expenditure category and account for performing the
16        non-instructional services; if the bid is accepted,
17        the school board shall file a copy of the cost
18        projection submitted with the bid to the State Board of
19        Education;
20            (E) composite information about the criminal and
21        disciplinary records, including alcohol or other
22        substance abuse, Department of Children and Family
23        Services complaints and investigations, traffic
24        violations, and license revocations or any other
25        licensure problems, of any employees who may perform
26        the non-instructional services, provided that the

 

 

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1        individual names and other identifying information of
2        employees need not be provided with the submission of
3        the bid, but must be made available upon request of the
4        school board; and
5            (F) an affidavit, notarized by the president or
6        chief executive officer of the third party, that each
7        of its employees has completed a criminal background
8        check as required by Section 10-21.9 of this Code
9        within 3 months prior to submission of the bid,
10        provided that the results of such background checks
11        need not be provided with the submission of the bid,
12        but must be made available upon request of the school
13        board;
14        (4) a contract must not be entered into unless the
15    school board provides a cost comparison, using generally
16    accepted accounting principles, of each and every
17    expenditure category and account that the school board
18    projects it would incur over the term of the contract if it
19    continued to perform the non-instructional services using
20    its own employees with each and every expenditure category
21    and account that is projected a third party would incur if
22    a third party performed the non-instructional services;
23        (5) review and consideration of all bids by third
24    parties to perform the non-instructional services shall
25    take place in open session of a regularly scheduled school
26    board meeting, unless the exclusive bargaining

 

 

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1    representative of the employees who perform the
2    non-instructional services, if any such exclusive
3    bargaining representative exists, agrees in writing that
4    such review and consideration can take place in open
5    session at a specially scheduled school board meeting;
6        (6) a minimum of one public hearing, conducted by the
7    school board prior to a regularly scheduled school board
8    meeting, to discuss the school board's proposal to contract
9    with a third party to perform the non-instructional
10    services must be held before the school board may enter
11    into such a contract; the school board must provide notice
12    to the public of the date, time, and location of the first
13    public hearing on or before the initial date that bids to
14    provide the non-instructional services are solicited or a
15    minimum of 30 days prior to entering into such a contract,
16    whichever provides a greater period of notice;
17        (7) a contract shall contain provisions requiring the
18    contractor to offer available employee positions pursuant
19    to the contract to qualified school district employees
20    whose employment is terminated because of the contract; and
21        (8) a contract shall contain provisions requiring the
22    contractor to comply with a policy of nondiscrimination and
23    equal employment opportunity for all persons and to take
24    affirmative steps to provide equal opportunity for all
25    persons.
26    (b) Notwithstanding subsection (a) of this Section, a board

 

 

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1of education may enter into a contract, of no longer than 3
2months in duration, with a third party for non-instructional
3services currently performed by an employee or bargaining unit
4member for the purpose of augmenting the current workforce in
5an emergency situation that threatens the safety or health of
6the school district's students or staff, provided that the
7school board meets all of its obligations under the Illinois
8Educational Labor Relations Act.
9    (c) The changes to this Section made by this amendatory Act
10of the 95th General Assembly are not applicable to
11non-instructional services of a school district that on the
12effective date of this amendatory Act of the 95th General
13Assembly are performed for the school district by a third
14party.
15    (d) Beginning July 1, 2022, the State Board of Education
16shall review and analyze the cost projection information
17provided by boards of education under subparagraph (D) of
18paragraph (3) of subsection (a) of this Section and determine
19the effects that the contracts had on school districts and the
20State, including any cost savings and economic benefits. The
21State Board of Education shall complete the review and report
22its findings to the Governor and the General Assembly by
23December 31, 2022.
24    From July 1, 2022 until January 1, 2023, no board of
25education may enter into any new contract with a third party
26for non-instructional services under this Section. However,

 

 

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1this prohibition shall not affect any contracts entered into
2before July 1, 2022 or renewals of contracts entered into
3before July 1, 2022.
4    Beginning January 1, 2023, boards of education are again
5allowed to enter into contracts with third parties for
6non-instructional services as provided under this Section.
7(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
 
8    (105 ILCS 5/17-6.5 new)
9    Sec. 17-6.5. Decrease in tax rate for educational purposes.
10For those school districts whose adequacy target, as defined in
11Section 18-8.15 of this Code, meets or exceeds 110%, the
12question of establishing a lower tax rate for educational
13purposes than that in effect by the school district shall be
14submitted to the voters of the school district at the regular
15election for school board members in accordance with the
16general election law, but only if the voters have submitted a
17petition signed by not fewer than 5% of the legal voters in the
18school district. That percentage shall be based on the number
19of votes cast at the last general election preceding the filing
20of the petition. The petition shall specify the tax rate of the
21school district levy to be submitted. In no case shall the tax
22rate lower the current tax levy by more than 20%.
23    The petition shall be filed with the secretary of the
24school board not more than 10 months nor less than 6 months
25prior to the election at which the question is to be submitted

 

 

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1to the voters, and its validity shall be determined as provided
2by the general election law. The secretary shall certify the
3question to the proper election officials, who shall submit the
4question to the voters. Notwithstanding any other provisions of
5this Section, this referendum shall be subject to all other
6general election law requirements.
 
7    (105 ILCS 5/22-62 new)
8    Sec. 22-62. Discharge of unfunded mandates.
9    (a) School districts need not comply with and may discharge
10any mandate or requirement placed on school districts by this
11Code or by administrative rules adopted by the State Board of
12Education that is unfunded.
13    (b) Subsection (a) of this Section does not apply to any of
14the following:
15        (1) Laws and rules pertaining to student health, life,
16    or safety.
17        (2) Federally required mandates, including without
18    limitation compliance with the federal Every Student
19    Succeeds Act.
20        (3) Laws and rules pertaining to civil rights and
21    protections.
22    (c) Before a school district may lawfully discharge an
23unfunded mandate under subsection (a) of this Section, it must
24hold a public hearing on the matter. The school district must
25post information that sets forth the time, date, place, and

 

 

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1general subject matter of the public hearing on its Internet
2website at least 14 days prior to the hearing. The school
3district must publish a notice of the public hearing at least 7
4days prior to the hearing in a newspaper of general circulation
5within the school district that sets forth the time, date,
6place, and general subject matter of the hearing. The school
7district must notify, in writing, the affected exclusive
8collective bargaining agent and those State legislators
9representing the affected territory of its intent to discharge
10an unfunded mandate and of the hearing to be held to take
11testimony from staff. The affected exclusive collective
12bargaining agent must be notified of the public hearing at
13least 7 days prior to the date of the hearing and must be
14allowed to attend the hearing. The school district shall attest
15to compliance with the requirements of this subsection (c).
16    (d) A school board shall report each unfunded mandate it
17has discharged under this Section to the State Board of
18Education. The State Board shall compile and report this
19information to the General Assembly each year.
 
20    (105 ILCS 5/27-6)  (from Ch. 122, par. 27-6)
21    Sec. 27-6. Courses in physical education required; special
22activities.
23    (a) Pupils enrolled in the public schools and State
24universities engaged in preparing teachers shall be required to
25engage daily during the school day, except on block scheduled

 

 

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1days for those public schools engaged in block scheduling, in
2courses of physical education for such periods as are
3compatible with the optimum growth and developmental needs of
4individuals at the various age levels except when appropriate
5excuses are submitted to the school by a pupil's parent or
6guardian or by a person licensed under the Medical Practice Act
7of 1987 and except as provided in subsection (b) of this
8Section. A school board may determine the schedule or frequency
9of physical education courses, provided that a pupil engages in
10a course of physical education for a minimum of 3 days per
11week.
12    Special activities in physical education shall be provided
13for pupils whose physical or emotional condition, as determined
14by a person licensed under the Medical Practice Act of 1987,
15prevents their participation in the courses provided for normal
16children.
17    (b) A school board is authorized to excuse pupils enrolled
18in grades 11 and 12 from engaging in physical education courses
19if those pupils request to be excused for any of the following
20reasons: (1) for ongoing participation in an interscholastic
21athletic program; (2) to enroll in academic classes which are
22required for admission to an institution of higher learning,
23provided that failure to take such classes will result in the
24pupil being denied admission to the institution of his or her
25choice; or (3) to enroll in academic classes which are required
26for graduation from high school, provided that failure to take

 

 

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1such classes will result in the pupil being unable to graduate.
2A school board may also excuse pupils in grades 9 through 12
3enrolled in a marching band program for credit from engaging in
4physical education courses if those pupils request to be
5excused for ongoing participation in such marching band
6program. A school board may also, on a case-by-case basis,
7excuse pupils in grades 9 through 12 who participate in an
8interscholastic or extracurricular athletic program from
9engaging in physical education courses. In addition, a pupil in
10any of grades 3 through 12 who is eligible for special
11education may be excused if the pupil's parent or guardian
12agrees that the pupil must utilize the time set aside for
13physical education to receive special education support and
14services or, if there is no agreement, the individualized
15education program team for the pupil determines that the pupil
16must utilize the time set aside for physical education to
17receive special education support and services, which
18agreement or determination must be made a part of the
19individualized education program. However, a pupil requiring
20adapted physical education must receive that service in
21accordance with the individualized education program developed
22for the pupil. If requested, a school board is authorized to
23excuse a pupil from engaging in a physical education course if
24the pupil has an individualized educational program under
25Article 14 of this Code, is participating in an adaptive
26athletic program outside of the school setting, and documents

 

 

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1such participation as determined by the school board. A school
2board may also excuse pupils in grades 9 through 12 enrolled in
3a Reserve Officer's Training Corps (ROTC) program sponsored by
4the school district from engaging in physical education
5courses. School boards which choose to exercise this authority
6shall establish a policy to excuse pupils on an individual
7basis.
8    (c) The provisions of this Section are subject to the
9provisions of Section 27-22.05.
10(Source: P.A. 98-116, eff. 7-29-13.)
 
11    (105 ILCS 5/27-7)  (from Ch. 122, par. 27-7)
12    Sec. 27-7. Physical education course of study. A physical
13education course of study shall include a developmentally
14planned and sequential curriculum that fosters the development
15of movement skills, enhances health-related fitness, increases
16students' knowledge, offers direct opportunities to learn how
17to work cooperatively in a group setting, and encourages
18healthy habits and attitudes for a healthy lifestyle. A
19physical education course of study shall provide students with
20an opportunity for an appropriate amount of daily physical
21activity. A physical education course of study must be part of
22the regular school curriculum and not extra-curricular in
23nature or organization.
24    The State Board of Education shall prepare and make
25available guidelines for the various grades and types of

 

 

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1schools in order to make effective the purposes set forth in
2this section and the requirements provided in Section 27-6, and
3shall see that the general provisions and intent of Sections
427-5 to 27-9, inclusive, are enforced.
5(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
 
6    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
7    Sec. 27-24.2. Safety education; driver education course.
8Instruction shall be given in safety education in each of
9grades one through 8, equivalent to one class period each week,
10and any school district which maintains grades 9 through 12
11shall offer a driver education course in any such school which
12it operates. Its curriculum shall include content dealing with
13Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
14the rules adopted pursuant to those Chapters insofar as they
15pertain to the operation of motor vehicles, and the portions of
16the Litter Control Act relating to the operation of motor
17vehicles. The course of instruction given in grades 10 through
1812 shall include an emphasis on the development of knowledge,
19attitudes, habits, and skills necessary for the safe operation
20of motor vehicles, including motorcycles insofar as they can be
21taught in the classroom, and instruction on distracted driving
22as a major traffic safety issue. In addition, the course shall
23include instruction on special hazards existing at and required
24safety and driving precautions that must be observed at
25emergency situations, highway construction and maintenance

 

 

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1zones, and railroad crossings and the approaches thereto.
2Beginning with the 2017-2018 school year, the course shall also
3include instruction concerning law enforcement procedures for
4traffic stops, including a demonstration of the proper actions
5to be taken during a traffic stop and appropriate interactions
6with law enforcement. The course of instruction required of
7each eligible student at the high school level shall consist of
8a minimum of 30 clock hours of classroom instruction and a
9minimum of 6 clock hours of individual behind-the-wheel
10instruction in a dual control car on public roadways taught by
11a driver education instructor endorsed by the State Board of
12Education. Both the classroom instruction part and the practice
13driving part of such driver education course shall be open to a
14resident or non-resident student attending a non-public school
15in the district wherein the course is offered. Each student
16attending any public or non-public high school in the district
17must receive a passing grade in at least 8 courses during the
18previous 2 semesters prior to enrolling in a driver education
19course, or the student shall not be permitted to enroll in the
20course; provided that the local superintendent of schools (with
21respect to a student attending a public high school in the
22district) or chief school administrator (with respect to a
23student attending a non-public high school in the district) may
24waive the requirement if the superintendent or chief school
25administrator, as the case may be, deems it to be in the best
26interest of the student. A student may be allowed to commence

 

 

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1the classroom instruction part of such driver education course
2prior to reaching age 15 if such student then will be eligible
3to complete the entire course within 12 months after being
4allowed to commence such classroom instruction.
5    A school district may offer a driver education course in a
6school by contracting with a commercial driver training school
7to provide both the classroom instruction part and the practice
8driving part or either one without having to request a
9modification or waiver of administrative rules of the State
10Board of Education if a public hearing on whether to enter into
11a contract with a commercial driver training school has been
12held at a regular or special school board meeting prior to
13entering into such a contract. If a school district chooses to
14contract with a commercial driver training school, then the
15district must provide evidence to the State Board of Education
16that the commercial driver training school with which it will
17contract holds a license issued by the Secretary of State under
18Article IV of Chapter 6 of the Illinois Vehicle Code and that
19each instructor employed by the commercial driver training
20school to provide instruction to students served by the school
21district holds a valid teaching license issued under the
22requirements of this Code and rules of the State Board of
23Education. Such evidence must include, but need not be limited
24to, a list of each instructor assigned to teach students served
25by the school district, which list shall include the
26instructor's name, personal identification number as required

 

 

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1by the State Board of Education, birth date, and driver's
2license number. Once the contract is entered into, the school
3district shall notify the State Board of Education of any
4changes in the personnel providing instruction within 15
5calendar days after an instructor leaves the program or a new
6instructor is hired. Such notification shall include the
7instructor's name, personal identification number as required
8by the State Board of Education, birth date, and driver's
9license number. If the school district maintains an Internet
10website, then the district shall post a copy of the final
11contract between the district and the commercial driver
12training school on the district's Internet website. If no
13Internet website exists, then the school district shall make
14available the contract upon request. A record of all materials
15in relation to the contract must be maintained by the school
16district and made available to parents and guardians upon
17request. The instructor's date of birth and driver's license
18number and any other personally identifying information as
19deemed by the federal Driver's Privacy Protection Act of 1994
20must be redacted from any public materials.
21    Such a course may be commenced immediately after the
22completion of a prior course. Teachers of such courses shall
23meet the licensure certification requirements of this Code Act
24and regulations of the State Board as to qualifications.
25    Subject to rules of the State Board of Education, the
26school district may charge a reasonable fee, not to exceed $50,

 

 

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1to students who participate in the course, unless a student is
2unable to pay for such a course, in which event the fee for
3such a student must be waived. However, the district may
4increase this fee to an amount not to exceed $250 by school
5board resolution following a public hearing on the increase,
6which increased fee must be waived for students who participate
7in the course and are unable to pay for the course. The total
8amount from driver education fees and reimbursement from the
9State for driver education must not exceed the total cost of
10the driver education program in any year and must be deposited
11into the school district's driver education fund as a separate
12line item budget entry. All moneys deposited into the school
13district's driver education fund must be used solely for the
14funding of a high school driver education program approved by
15the State Board of Education that uses driver education
16instructors endorsed by the State Board of Education.
17(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)
 
18    (105 ILCS 5/34-54.5 new)
19    Sec. 34-54.5. Decrease in tax rate for educational
20purposes. If the school district's adequacy target, as defined
21in Section 18-8.15 of this Code, meets or exceeds 110%, the
22question of establishing a lower tax rate for educational
23purposes than that in effect by the school district shall be
24submitted to the voters of the school district at the
25consolidated election in accordance with the general election

 

 

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1law, but only if the voters have submitted a petition signed by
2not fewer than 5% of the legal voters in the school district.
3That percentage shall be based on the number of votes cast at
4the last general election preceding the filing of the petition.
5The petition shall specify the tax rate of the school district
6levy to be submitted. In no case shall the tax rate lower the
7current tax levy by more than 20%.
8    The petition shall be filed with the secretary of the board
9not more than 10 months nor less than 6 months prior to the
10election at which the question is to be submitted to the
11voters, and its validity shall be determined as provided by the
12general election law. The secretary shall certify the question
13to the proper election officials, who shall submit the question
14to the voters. Notwithstanding any other provisions of this
15Section, this referendum shall be subject to all other general
16election law requirements.
 
17    (105 ILCS 5/22-60 rep.)
18    Section 10. The School Code is amended by repealing Section
1922-60.
 
20    Section 15. The Illinois Educational Labor Relations Act is
21amended by changing Section 4.5 as follows:
 
22    (115 ILCS 5/4.5)
23    Sec. 4.5. Subjects of collective bargaining.

 

 

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1    (a) Notwithstanding the existence of any other provision in
2this Act or other law, collective bargaining between an
3educational employer whose territorial boundaries are
4coterminous with those of a city having a population in excess
5of 500,000 and an exclusive representative of its employees may
6include any of the following subjects:
7        (1) (Blank).
8        (2) Decisions to contract with a third party for one or
9    more services otherwise performed by employees in a
10    bargaining unit and the procedures for obtaining such
11    contract or the identity of the third party.
12        (3) Decisions to layoff or reduce in force employees.
13        (4) Decisions to determine class size, class staffing
14    and assignment, class schedules, academic calendar, length
15    of the work and school day with respect to a public school
16    district organized under Article 34 of the School Code
17    only, length of the work and school year with respect to a
18    public school district organized under Article 34 of the
19    School Code only, hours and places of instruction, or pupil
20    assessment policies.
21        (5) Decisions concerning use and staffing of
22    experimental or pilot programs and decisions concerning
23    use of technology to deliver educational programs and
24    services and staffing to provide the technology.
25    (b) The subject or matters described in subsection (a) are
26permissive subjects of bargaining between an educational

 

 

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1employer and an exclusive representative of its employees and,
2for the purpose of this Act, are within the sole discretion of
3the educational employer to decide to bargain, provided that
4the educational employer is required to bargain over the impact
5of a decision concerning such subject or matter on the
6bargaining unit upon request by the exclusive representative.
7During this bargaining, the educational employer shall not be
8precluded from implementing its decision. For a school district
9or community college district whose territorial boundaries are
10coterminous with those of a city having a population in excess
11of 500,000, if If, after a reasonable period of bargaining, a
12dispute or impasse exists between the educational employer and
13the exclusive representative, the dispute or impasse shall be
14resolved exclusively as set forth in subsection (b) of Section
1512 of this Act in lieu of a strike under Section 13 of this Act.
16Neither the Board nor any mediator or fact-finder appointed
17pursuant to subsection (a-10) of Section 12 of this Act shall
18have jurisdiction over such a dispute or impasse.
19    (c) A provision in a collective bargaining agreement that
20was rendered null and void because it involved a prohibited
21subject of collective bargaining under this subsection (c) as
22this subsection (c) existed before the effective date of this
23amendatory Act of the 93rd General Assembly remains null and
24void and shall not otherwise be reinstated in any successor
25agreement unless the educational employer and exclusive
26representative otherwise agree to include an agreement reached

 

 

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1on a subject or matter described in subsection (a) of this
2Section as subsection (a) existed before this amendatory Act of
3the 93rd General Assembly.
4(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law, but this Act does not take effect at all unless
7Senate Bills 1124 and 2172 of the 100th General Assembly become
8law.".