Rep. William Davis

Filed: 5/29/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1259

2    AMENDMENT NO. ______. Amend House Bill 1259 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.25g, 27-6, 27-7, and 27-24.2 as follows:
 
6    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
7    Sec. 2-3.25g. Waiver or modification of mandates within the
8School Code and administrative rules and regulations.
9    (a) In this Section:
10        "Board" means a school board or the governing board or
11    administrative district, as the case may be, for a joint
12    agreement.
13        "Eligible applicant" means a school district, joint
14    agreement made up of school districts, or regional
15    superintendent of schools on behalf of schools and programs
16    operated by the regional office of education.

 

 

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

 

 

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1"needs improvement", or "unsatisfactory". On September 1,
22014, any previously authorized waiver or modification from
3such requirements shall terminate.
4    (c) Eligible applicants, as a matter of inherent managerial
5policy, and any Independent Authority established under
6Section 2-3.25f-5 of this Code may submit an application for a
7waiver or modification authorized under this Section. Each
8application must include a written request by the eligible
9applicant or Independent Authority and must demonstrate that
10the intent of the mandate can be addressed in a more effective,
11efficient, or economical manner or be based upon a specific
12plan for improved student performance and school improvement.
13Any eligible applicant requesting a waiver or modification for
14the reason that intent of the mandate can be addressed in a
15more economical manner shall include in the application a
16fiscal analysis showing current expenditures on the mandate and
17projected savings resulting from the waiver or modification.
18Applications and plans developed by eligible applicants must be
19approved by the board or regional superintendent of schools
20applying on behalf of schools or programs operated by the
21regional office of education following a public hearing on the
22application and plan and the opportunity for the board or
23regional superintendent to hear testimony from staff directly
24involved in its implementation, parents, and students. The time
25period for such testimony shall be separate from the time
26period established by the eligible applicant for public comment

 

 

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1on other matters. If the applicant is a school district or
2joint agreement requesting a waiver or modification of Section
327-6 of this Code, the public hearing shall be held on a day
4other than the day on which a regular meeting of the board is
5held.
6    (c-5) If the applicant is a school district, then the
7district shall post information that sets forth the time, date,
8place, and general subject matter of the public hearing on its
9Internet website at least 14 days prior to the hearing. If the
10district is requesting to increase the fee charged for driver
11education authorized pursuant to Section 27-24.2 of this Code,
12the website information shall include the proposed amount of
13the fee the district will request. All school districts must
14publish a notice of the public hearing at least 7 days prior to
15the hearing in a newspaper of general circulation within the
16school district that sets forth the time, date, place, and
17general subject matter of the hearing. Districts requesting to
18increase the fee charged for driver education shall include in
19the published notice the proposed amount of the fee the
20district will request. If the applicant is a joint agreement or
21regional superintendent, then the joint agreement or regional
22superintendent shall post information that sets forth the time,
23date, place, and general subject matter of the public hearing
24on its Internet website at least 14 days prior to the hearing.
25If the joint agreement or regional superintendent is requesting
26to increase the fee charged for driver education authorized

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1vote of the majority of members elected in each house. If the
2General Assembly fails to disapprove any waiver request or
3appealed request within such 60 day period, the waiver or
4modification shall be deemed granted. Any resolution adopted by
5the General Assembly disapproving a report of the State Board
6in whole or in part shall be binding on the State Board.
7    (e) An approved waiver or modification (except a waiver
8from or modification to a physical education mandate) may
9remain in effect for a period not to exceed 5 school years and
10may be renewed upon application by the eligible applicant.
11However, such waiver or modification may be changed within that
125-year period by a board or regional superintendent of schools
13applying on behalf of schools or programs operated by the
14regional office of education following the procedure as set
15forth in this Section for the initial waiver or modification
16request. If neither the State Board of Education nor the
17General Assembly disapproves, the change is deemed granted.
18    An approved waiver from or modification to a physical
19education mandate may remain in effect for a period not to
20exceed 2 school years and may be renewed no more than 2 times
21upon application by the eligible applicant. An approved waiver
22from or modification to a physical education mandate may be
23changed within the 2-year period by the board or regional
24superintendent of schools, whichever is applicable, following
25the procedure set forth in this Section for the initial waiver
26or modification request. If neither the State Board of

 

 

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1Education nor the General Assembly disapproves, the change is
2deemed granted.
3    (f) (Blank).
4(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
598-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
 
6    (105 ILCS 5/27-6)  (from Ch. 122, par. 27-6)
7    Sec. 27-6. Courses in physical education required; special
8activities.
9    (a) Pupils enrolled in the public schools and State
10universities engaged in preparing teachers shall be required to
11engage daily during the school day, except on block scheduled
12days for those public schools engaged in block scheduling, in
13courses of physical education for such periods as are
14compatible with the optimum growth and developmental needs of
15individuals at the various age levels except when appropriate
16excuses are submitted to the school by a pupil's parent or
17guardian or by a person licensed under the Medical Practice Act
18of 1987 and except as provided in subsection (b) of this
19Section. A school board may determine the schedule or frequency
20of physical education courses, provided that a pupil engages in
21a course of physical education for a minimum of 3 days per
22week.
23    Special activities in physical education shall be provided
24for pupils whose physical or emotional condition, as determined
25by a person licensed under the Medical Practice Act of 1987,

 

 

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1prevents their participation in the courses provided for normal
2children.
3    (b) A school board is authorized to excuse pupils enrolled
4in grades 11 and 12 from engaging in physical education courses
5if those pupils request to be excused for any of the following
6reasons: (1) for ongoing participation in an interscholastic
7athletic program; (2) to enroll in academic classes which are
8required for admission to an institution of higher learning,
9provided that failure to take such classes will result in the
10pupil being denied admission to the institution of his or her
11choice; or (3) to enroll in academic classes which are required
12for graduation from high school, provided that failure to take
13such classes will result in the pupil being unable to graduate.
14A school board may also excuse pupils in grades 9 through 12
15enrolled in a marching band program for credit from engaging in
16physical education courses if those pupils request to be
17excused for ongoing participation in such marching band
18program. A school board may also, on a case-by-case basis,
19excuse pupils in grades 9 through 12 who participate in an
20interscholastic or extracurricular athletic program from
21engaging in physical education courses. In addition, a pupil in
22any of grades 3 through 12 who is eligible for special
23education may be excused if the pupil's parent or guardian
24agrees that the pupil must utilize the time set aside for
25physical education to receive special education support and
26services or, if there is no agreement, the individualized

 

 

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1education program team for the pupil determines that the pupil
2must utilize the time set aside for physical education to
3receive special education support and services, which
4agreement or determination must be made a part of the
5individualized education program. However, a pupil requiring
6adapted physical education must receive that service in
7accordance with the individualized education program developed
8for the pupil. If requested, a school board is authorized to
9excuse a pupil from engaging in a physical education course if
10the pupil has an individualized educational program under
11Article 14 of this Code, is participating in an adaptive
12athletic program outside of the school setting, and documents
13such participation as determined by the school board. A school
14board may also excuse pupils in grades 9 through 12 enrolled in
15a Reserve Officer's Training Corps (ROTC) program sponsored by
16the school district from engaging in physical education
17courses. School boards which choose to exercise this authority
18shall establish a policy to excuse pupils on an individual
19basis.
20    (c) The provisions of this Section are subject to the
21provisions of Section 27-22.05.
22(Source: P.A. 98-116, eff. 7-29-13.)
 
23    (105 ILCS 5/27-7)  (from Ch. 122, par. 27-7)
24    Sec. 27-7. Physical education course of study. A physical
25education course of study shall include a developmentally

 

 

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1planned and sequential curriculum that fosters the development
2of movement skills, enhances health-related fitness, increases
3students' knowledge, offers direct opportunities to learn how
4to work cooperatively in a group setting, and encourages
5healthy habits and attitudes for a healthy lifestyle. A
6physical education course of study shall provide students with
7an opportunity for an appropriate amount of daily physical
8activity. A physical education course of study must be part of
9the regular school curriculum and not extra-curricular in
10nature or organization.
11    The State Board of Education shall prepare and make
12available guidelines for the various grades and types of
13schools in order to make effective the purposes set forth in
14this section and the requirements provided in Section 27-6, and
15shall see that the general provisions and intent of Sections
1627-5 to 27-9, inclusive, are enforced.
17(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
 
18    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
19    Sec. 27-24.2. Safety education; driver education course.
20Instruction shall be given in safety education in each of
21grades one through 8, equivalent to one class period each week,
22and any school district which maintains grades 9 through 12
23shall offer a driver education course in any such school which
24it operates. Its curriculum shall include content dealing with
25Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,

 

 

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1the rules adopted pursuant to those Chapters insofar as they
2pertain to the operation of motor vehicles, and the portions of
3the Litter Control Act relating to the operation of motor
4vehicles. The course of instruction given in grades 10 through
512 shall include an emphasis on the development of knowledge,
6attitudes, habits, and skills necessary for the safe operation
7of motor vehicles, including motorcycles insofar as they can be
8taught in the classroom, and instruction on distracted driving
9as a major traffic safety issue. In addition, the course shall
10include instruction on special hazards existing at and required
11safety and driving precautions that must be observed at
12emergency situations, highway construction and maintenance
13zones, and railroad crossings and the approaches thereto.
14Beginning with the 2017-2018 school year, the course shall also
15include instruction concerning law enforcement procedures for
16traffic stops, including a demonstration of the proper actions
17to be taken during a traffic stop and appropriate interactions
18with law enforcement. The course of instruction required of
19each eligible student at the high school level shall consist of
20a minimum of 30 clock hours of classroom instruction and a
21minimum of 6 clock hours of individual behind-the-wheel
22instruction in a dual control car on public roadways taught by
23a driver education instructor endorsed by the State Board of
24Education. Both the classroom instruction part and the practice
25driving part of such driver education course shall be open to a
26resident or non-resident student attending a non-public school

 

 

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1in the district wherein the course is offered. Each student
2attending any public or non-public high school in the district
3must receive a passing grade in at least 8 courses during the
4previous 2 semesters prior to enrolling in a driver education
5course, or the student shall not be permitted to enroll in the
6course; provided that the local superintendent of schools (with
7respect to a student attending a public high school in the
8district) or chief school administrator (with respect to a
9student attending a non-public high school in the district) may
10waive the requirement if the superintendent or chief school
11administrator, as the case may be, deems it to be in the best
12interest of the student. A student may be allowed to commence
13the classroom instruction part of such driver education course
14prior to reaching age 15 if such student then will be eligible
15to complete the entire course within 12 months after being
16allowed to commence such classroom instruction.
17    A school district may offer a driver education course in a
18school by contracting with a commercial driver training school
19to provide both the classroom instruction part and the practice
20driving part or either one without having to request a
21modification or waiver of administrative rules of the State
22Board of Education if a public hearing on whether to enter into
23a contract with a commercial driver training school has been
24held at a regular or special school board meeting prior to
25entering into such a contract. If a school district chooses to
26contract with a commercial driver training school, then the

 

 

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1district must provide evidence to the State Board of Education
2that the commercial driver training school with which it will
3contract holds a license issued by the Secretary of State under
4Article IV of Chapter 6 of the Illinois Vehicle Code and that
5each instructor employed by the commercial driver training
6school to provide instruction to students served by the school
7district holds a valid teaching license issued under the
8requirements of this Code and rules of the State Board of
9Education. Such evidence must include, but need not be limited
10to, a list of each instructor assigned to teach students served
11by the school district, which list shall include the
12instructor's name, personal identification number as required
13by the State Board of Education, birth date, and driver's
14license number. Once the contract is entered into, the school
15district shall notify the State Board of Education of any
16changes in the personnel providing instruction within 15
17calendar days after an instructor leaves the program or a new
18instructor is hired. Such notification shall include the
19instructor's name, personal identification number as required
20by the State Board of Education, birth date, and driver's
21license number. If the school district maintains an Internet
22website, then the district shall post a copy of the final
23contract between the district and the commercial driver
24training school on the district's Internet website. If no
25Internet website exists, then the school district shall make
26available the contract upon request. A record of all materials

 

 

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1in relation to the contract must be maintained by the school
2district and made available to parents and guardians upon
3request. The instructor's date of birth and driver's license
4number and any other personally identifying information as
5deemed by the federal Driver's Privacy Protection Act of 1994
6must be redacted from any public materials. The school district
7may charge a reasonable fee, not to exceed $250, to students
8who participate in a course through a contracted commercial
9driver training school.
10    Such a course may be commenced immediately after the
11completion of a prior course. Teachers of such courses shall
12meet the licensure certification requirements of this Code Act
13and regulations of the State Board as to qualifications.
14    Subject to rules of the State Board of Education, the
15school district may charge a reasonable fee, not to exceed $50,
16to students who participate in the course, unless a student is
17unable to pay for such a course, in which event the fee for
18such a student must be waived. However, the district may
19increase this fee to an amount not to exceed $250 by school
20board resolution following a public hearing on the increase,
21which increased fee must be waived for students who participate
22in the course and are unable to pay for the course. The total
23amount from driver education fees and reimbursement from the
24State for driver education must not exceed the total cost of
25the driver education program in any year and must be deposited
26into the school district's driver education fund as a separate

 

 

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1line item budget entry. All moneys deposited into the school
2district's driver education fund must be used solely for the
3funding of a high school driver education program approved by
4the State Board of Education that uses driver education
5instructors endorsed by the State Board of Education.
6(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law, but this Act does not take effect at all unless
9Senate Bill 1 of the 100th General Assembly becomes law.".