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Public Act 100-0443


 

Public Act 0443 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0443
 
SB1486 EnrolledLRB100 10086 NHT 20259 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-22.6a, 14-13.01, and 27-22 as follows:
 
    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
    Sec. 10-22.6a. To provide by home instruction,
correspondence courses or otherwise courses of instruction for
pupils who are unable to attend school because of pregnancy.
Such instruction shall be provided to the pupil (1) before the
birth of the child when the pupil's physician, physician
assistant, or advanced practice nurse has indicated to the
district, in writing, that the pupil is medically unable to
attend regular classroom instruction and (2) for up to 3 months
following the birth of the child or a miscarriage. The
instruction course shall be designed to offer educational
experiences that are equivalent to those given to pupils at the
same grade level in the district and that are designed to
enable the pupil to return to the classroom.
(Source: P.A. 84-1430.)
 
    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
    Sec. 14-13.01. Reimbursement payable by State; amounts for
personnel and transportation.
    (a) For staff working on behalf of children who have not
been identified as eligible for special education and for
eligible children with physical disabilities, including all
eligible children whose placement has been determined under
Section 14-8.02 in hospital or home instruction, 1/2 of the
teacher's salary but not more than $1,000 annually per child or
$9,000 per teacher, whichever is less. A child qualifies for
home or hospital instruction if it is anticipated that, due to
a medical condition, the child will be unable to attend school,
and instead must be instructed at home or in the hospital, for
a period of 2 or more consecutive weeks or on an ongoing
intermittent basis. For purposes of this Section, "ongoing
intermittent basis" means that the child's medical condition is
of such a nature or severity that it is anticipated that the
child will be absent from school due to the medical condition
for periods of at least 2 days at a time multiple times during
the school year totaling at least 10 days or more of absences.
There shall be no requirement that a child be absent from
school a minimum number of days before the child qualifies for
home or hospital instruction. In order to establish eligibility
for home or hospital services, a student's parent or guardian
must submit to the child's school district of residence a
written statement from a physician licensed to practice
medicine in all of its branches, a licensed physician
assistant, or a licensed advanced practice nurse stating the
existence of such medical condition, the impact on the child's
ability to participate in education, and the anticipated
duration or nature of the child's absence from school. Home or
hospital instruction may commence upon receipt of a written
physician's, physician assistant's, or advanced practice
nurse's statement in accordance with this Section, but
instruction shall commence not later than 5 school days after
the school district receives the physician's, physician
assistant's, or advanced practice nurse's statement. Special
education and related services required by the child's IEP or
services and accommodations required by the child's federal
Section 504 plan must be implemented as part of the child's
home or hospital instruction, unless the IEP team or federal
Section 504 plan team determines that modifications are
necessary during the home or hospital instruction due to the
child's condition. Eligible children to be included in any
reimbursement under this paragraph must regularly receive a
minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school
week in order to qualify for full reimbursement under this
Section. If the attending physician, physician assistant, or
advanced practice nurse for such a child has certified that the
child should not receive as many as 5 hours of instruction in a
school week, however, reimbursement under this paragraph on
account of that child shall be computed proportionate to the
actual hours of instruction per week for that child divided by
5. The State Board of Education shall establish rules governing
the required qualifications of staff providing home or hospital
instruction.
    (b) For children described in Section 14-1.02, 80% of the
cost of transportation approved as a related service in the
Individualized Education Program for each student in order to
take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as
provided in Section 29-5. For purposes of this subsection (b),
the dates for processing claims specified in Section 29-5 shall
apply.
    (c) For each qualified worker, the annual sum of $9,000.
    (d) For one full time qualified director of the special
education program of each school district which maintains a
fully approved program of special education the annual sum of
$9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if
reimbursement is made for a director of the joint agreement
program.
    (e) (Blank).
    (f) (Blank).
    (g) For readers, working with blind or partially seeing
children 1/2 of their salary but not more than $400 annually
per child. Readers may be employed to assist such children and
shall not be required to be certified but prior to employment
shall meet standards set up by the State Board of Education.
    (h) For non-certified employees, as defined by rules
promulgated by the State Board of Education, who deliver
services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
    The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time basis
and for less than a school year.
    When any school district eligible for reimbursement under
this Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of
the adopted school calendar but not to exceed 235 school days,
such reimbursement shall be increased by 1/180 of the amount or
rate paid hereunder for each day such school is operated in
excess of 180 days per calendar year.
    Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or timing
of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall in
any way relieve the district from or affect any requirements
that otherwise would apply with respect to that funding
program, including any accounting of funds by source, reporting
expenditures by original source and purpose, reporting
requirements, or requirements of providing services.
(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
    Sec. 27-22. Required high school courses.
    (a) (Blank). As a prerequisite to receiving a high school
diploma, each pupil entering the 9th grade in the 1984-1985
school year through the 2004-2005 school year must, in addition
to other course requirements, successfully complete the
following courses:
        (1) three years of language arts;
        (2) two years of mathematics, one of which may be
    related to computer technology;
        (3) one year of science;
        (4) two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government;
    and
        (5) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language or (D) vocational education.
    (b) (Blank). As a prerequisite to receiving a high school
diploma, each pupil entering the 9th grade in the 2005-2006
school year must, in addition to other course requirements,
successfully complete all of the following courses:
        (1) Three years of language arts.
        (2) Three years of mathematics.
        (3) One year of science.
        (4) Two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government.
        (5) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language, or (D) vocational education.
    (c) (Blank). As a prerequisite to receiving a high school
diploma, each pupil entering the 9th grade in the 2006-2007
school year must, in addition to other course requirements,
successfully complete all of the following courses:
        (1) Three years of language arts.
        (2) Two years of writing intensive courses, one of
    which must be English and the other of which may be English
    or any other subject. When applicable, writing-intensive
    courses may be counted towards the fulfillment of other
    graduation requirements.
        (3) Three years of mathematics, one of which must be
    Algebra I and one of which must include geometry content.
        (4) One year of science.
        (5) Two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government.
        (6) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language, or (D) vocational education.
    (d) (Blank). As a prerequisite to receiving a high school
diploma, each pupil entering the 9th grade in the 2007-2008
school year must, in addition to other course requirements,
successfully complete all of the following courses:
        (1) Three years of language arts.
        (2) Two years of writing intensive courses, one of
    which must be English and the other of which may be English
    or any other subject. When applicable, writing-intensive
    courses may be counted towards the fulfillment of other
    graduation requirements.
        (3) Three years of mathematics, one of which must be
    Algebra I and one of which must include geometry content.
        (4) Two years of science.
        (5) Two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government.
        (6) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language, or (D) vocational education.
    (e) As a prerequisite to receiving a high school diploma,
each pupil entering the 9th grade in the 2008-2009 school year
or a subsequent school year must, in addition to other course
requirements, successfully complete all of the following
courses:
        (1) Four years of language arts.
        (2) Two years of writing intensive courses, one of
    which must be English and the other of which may be English
    or any other subject. When applicable, writing-intensive
    courses may be counted towards the fulfillment of other
    graduation requirements.
        (3) Three years of mathematics, one of which must be
    Algebra I, one of which must include geometry content, and
    one of which may be an Advanced Placement computer science
    course if the pupil successfully completes Algebra II or an
    integrated mathematics course with Algebra II content.
        (4) Two years of science.
        (5) Two years of social studies, of which at least one
    year must be history of the United States or a combination
    of history of the United States and American government
    and, beginning with pupils entering the 9th grade in the
    2016-2017 school year and each school year thereafter, at
    least one semester must be civics, which shall help young
    people acquire and learn to use the skills, knowledge, and
    attitudes that will prepare them to be competent and
    responsible citizens throughout their lives. Civics course
    content shall focus on government institutions, the
    discussion of current and controversial issues, service
    learning, and simulations of the democratic process.
    School districts may utilize private funding available for
    the purposes of offering civics education.
        (6) One year chosen from (A) music, (B) art, (C)
    foreign language, which shall be deemed to include American
    Sign Language, or (D) vocational education.
    (f) The State Board of Education shall develop and inform
school districts of standards for writing-intensive
coursework.
    (f-5) If a school district offers an Advanced Placement
computer science course to high school students, then the
school board must designate that course as equivalent to a high
school mathematics course and must denote on the student's
transcript that the Advanced Placement computer science course
qualifies as a mathematics-based, quantitative course for
students in accordance with subdivision (3) of subsection (e)
of this Section.
    (g) This amendatory Act of 1983 does not apply to pupils
entering the 9th grade in 1983-1984 school year and prior
school years or to students with disabilities whose course of
study is determined by an individualized education program.
    This amendatory Act of the 94th General Assembly does not
apply to pupils entering the 9th grade in the 2004-2005 school
year or a prior school year or to students with disabilities
whose course of study is determined by an individualized
education program.
    (h) The provisions of this Section are subject to the
provisions of Section 27-22.05 of this Code and the
Postsecondary and Workforce Readiness Act.
(Source: P.A. 98-885, eff. 8-15-14; 99-434, eff. 7-1-16 (see
P.A. 99-485 for the effective date of changes made by P.A.
99-434); 99-485, eff. 11-20-15; 99-674, eff. 7-29-16.)
 
    Section 10. The School Safety Drill Act is amended by
changing Sections 15 and 20 as follows:
 
    (105 ILCS 128/15)
    Sec. 15. Types of drills. Under this Act, the following
school safety drills shall be instituted by all schools in this
State:
        (1) School evacuation drills, which shall address and
    prepare students and school personnel for situations that
    occur when conditions outside of a school building are
    safer than inside a school building. Evacuation incidents
    are based on the needs of particular communities and may
    include without limitation the following:
            (A) fire;
            (B) suspicious items or persons;
            (C) incidents involving hazardous materials,
        including, but not limited to, chemical, incendiary,
        and explosives; and
            (D) bomb threats.
        (2) Except as limited by subsection (b-5) of Section 20
    of this Act, bus Bus evacuation drills, which shall address
    and prepare students and school personnel for situations
    that occur when conditions outside of a bus are safer than
    inside the bus. Evacuation incidents are based on the needs
    of particular communities and may include without
    limitation the following:
            (A) fire;
            (B) suspicious items; and
            (C) incidents involving hazardous materials,
        including, but not limited to, chemical, incendiary,
        and explosives.
        (3) Law enforcement drills, which shall address and
    prepare school personnel for situations calling for the
    involvement of law enforcement when conditions inside a
    school building are safer than outside of a school building
    and it is necessary to protect building occupants from
    potential dangers in a school building. Law enforcement
    drills may involve situations that call for the
    reverse-evacuation or the lock-down of a school building.
    Evacuation or reverse-evacuation incidents shall include a
    shooting incident.
        (4) Severe weather and shelter-in-place drills, which
    shall address and prepare students for situations
    involving severe weather emergencies or the release of
    external gas or chemicals. Severe weather and
    shelter-in-place incidents shall be based on the needs and
    environment of particular communities and may include
    without limitation the following:
            (A) severe weather, including, but not limited to,
        shear winds, lightning, and earthquakes;
            (B) incidents involving hazardous materials,
        including, but not limited to, chemical, incendiary,
        and explosives; and
            (C) incidents involving weapons of mass
        destruction, including, but not limited to,
        biological, chemical, and nuclear weapons.
(Source: P.A. 98-48, eff. 7-1-13.)
 
    (105 ILCS 128/20)
    Sec. 20. Number of drills; incidents covered; local
authority participation.
    (a) During each academic year, schools must conduct a
minimum of 3 school evacuation drills to address and prepare
students and school personnel for fire incidents. These drills
must meet all of the following criteria:
        (1) One of the 3 school evacuation drills shall require
    the participation of the appropriate local fire department
    or district.
            (A) Each local fire department or fire district
        must contact the appropriate school administrator or
        his or her designee no later than September 1 of each
        year in order to arrange for the participation of the
        department or district in the school evacuation drill.
            (B) Each school administrator or his or her
        designee must contact the responding local fire
        official no later than September 15 of each year and
        propose to the local fire official 4 dates within the
        month of October, during at least 2 different weeks of
        October, on which the drill shall occur. The fire
        official may choose any of the 4 available dates, and
        if he or she does so, the drill shall occur on that
        date.
            (C) The school administrator or his or her designee
        and the local fire official may also, by mutual
        agreement, set any other date for the drill, including
        a date outside of the month of October.
            (D) If the fire official does not select one of the
        4 offered dates in October or set another date by
        mutual agreement, the requirement that the school
        include the local fire service in one of its mandatory
        school evacuation drills shall be waived. Schools,
        however, shall continue to be strongly encouraged to
        include the fire service in a school evacuation drill
        at a mutually agreed-upon time.
            (E) Upon the participation of the local fire
        service, the appropriate local fire official shall
        certify that the school evacuation drill was
        conducted.
            (F) When scheduling the school evacuation drill,
        the school administrator or his or her designee and the
        local fire department or fire district may, by mutual
        agreement on or before September 14, choose to waive
        the provisions of subparagraphs (B), (C), and (D) of
        this paragraph (1).
        Additional school evacuation drills for fire incidents
    may involve the participation of the appropriate local fire
    department or district.
        (2) Schools may conduct additional school evacuation
    drills to account for other evacuation incidents,
    including without limitation suspicious items or bomb
    threats.
        (3) All drills shall be conducted at each school
    building that houses school children.
    (b) During each academic year, schools must conduct a
minimum of one bus evacuation drill. This drill shall be
accounted for in the curriculum in all public schools and in
all other educational institutions in this State that are
supported or maintained, in whole or in part, by public funds
and that provide instruction in any of the grades kindergarten
through 12. This curriculum shall include instruction in safe
bus riding practices for all students. Schools may conduct
additional bus evacuation drills. All drills shall be conducted
at each school building that houses school children.
    (b-5) Notwithstanding the minimum requirements established
by this Act, private schools that do not utilize a bus to
transport students for any purpose are exempt from subsection
(b) of this Section, provided that the chief school
administrator of the private school provides written assurance
to the State Board of Education that the private school does
not plan to utilize a bus to transport students for any purpose
during the current academic year. The assurance must be made on
a form supplied by the State Board of Education and filed no
later than October 15. If a private school utilizes a bus to
transport students for any purpose during an academic year when
an assurance pursuant to this subsection (b-5) has been filed
with the State Board of Education, the private school shall
immediately notify the State Board of Education and comply with
subsection (b) of this Section no later than 30 calendar days
after utilization of the bus to transport students, except
that, at the discretion of the private school, students chosen
for participation in the bus evacuation drill need include only
the subgroup of students that are utilizing bus transportation.
    (c) During each academic year, schools must conduct a law
enforcement drill to address a school shooting incident. Such
drills must be conducted according to the school district's or
private school's emergency and crisis response plans,
protocols, and procedures, with the participation of the
appropriate law enforcement agency. Law enforcement drills may
be conducted on days and times when students are not present in
the school building. All drills must be conducted at each
school building that houses school children.
        (1) A law enforcement drill must meet all of the
    following criteria:
            (A) During each calendar year, the appropriate
        local law enforcement agency shall contact the
        appropriate school administrator to request to
        participate in a law enforcement drill. The school
        administrator and local law enforcement agency shall
        set, by mutual agreement, a date for the drill.
            (A-5) The drill shall require the on-site
        participation of the local law enforcement agency. If a
        mutually agreeable date cannot be reached between the
        school administrator and the appropriate local law
        enforcement agency, then the school shall still hold
        the drill without participation from the agency.
            (B) Upon the participation of a local law
        enforcement agency in a law enforcement drill, the
        appropriate local law enforcement official shall
        certify that the law enforcement drill was conducted
        and notify the school in a timely manner of any
        deficiencies noted during the drill.
        (2) Schools may conduct additional law enforcement
    drills at their discretion.
        (3) (Blank).
    (d) During each academic year, schools must conduct a
minimum of one severe weather and shelter-in-place drill to
address and prepare students and school personnel for possible
tornado incidents and may conduct additional severe weather and
shelter-in-place drills to account for other incidents,
including without limitation earthquakes or hazardous
materials. All drills shall be conducted at each school
building that houses school children.
(Source: P.A. 98-48, eff. 7-1-13.)
 
    Section 99. Effective date. This Act takes effect July 1,
2017.

Effective Date: 8/25/2017