Rep. Michelle Mussman

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend House Bill 2789, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Department of Public Health Powers and
6Duties Law of the Civil Administrative Code of Illinois is
7amended by adding Section 2310-705 as follows:
8    (20 ILCS 2310/2310-705 new)
9    Sec. 2310-705. In-person instruction at schools. The
10Department shall establish requirements by rule for providing
11in-person instruction at nonpublic schools and public schools
12that include, but are not limited to, personal protective
13equipment, cleaning and hygiene, social distancing, occupancy
14limits, symptom screening, and on-site isolation protocols and
15shall disseminate information about those requirements to
16nonpublic schools and public schools with the assistance of



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1the Illinois State Board of Education. The authority to
2enforce the rules adopted pursuant to this Section lies with
3the Department and local departments of public health. Upon
4receipt of a complaint that a school cannot or is not complying
5with the Department's rules under this Section, the Department
6or local public health department shall investigate the
7complaint within 45 days after receiving the complaint. If
8upon investigation, a school is found to be in violation of the
9rules adopted under this Section, the Department has the
10authority to take the appropriate action necessary to promote
11the health or protect the safety of students, staff, and the
12public, including, but not limited to, closure of a classroom,
13gym, library, lunch room, or any other school space until such
14time that the Department determines that the violation or
15violations have been remedied. Nothing in this Section limits
16the authority or requirements of the Department or local
17public health departments. All complaints and related
18documents shall be maintained and are subject to applicable
19disclosure requirements under the Freedom of Information Act.
20    Section 10. The School Code is amended by adding Section
2122-92 as follows:
22    (105 ILCS 5/22-92 new)
23    Sec. 22-92. In-person instruction. In order to provide
24in-person instruction, nonpublic schools and public schools



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1must follow the requirements adopted by rule by the Department
2of Public Health under Section 2310-705 of the Department of
3Public Health Powers and Duties Law of the Civil
4Administrative Code.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".