Illinois General Assembly - Full Text of HB3573
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Full Text of HB3573  102nd General Assembly

HB3573eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3573 EngrossedLRB102 12055 CMG 17392 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66
6and by adding Sections 10-31 and 34-18.67 as follows:
 
7    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
8    Sec. 10-19. Length of school term - experimental programs.
9Each school board shall annually prepare a calendar for the
10school term, specifying the opening and closing dates and
11providing a minimum term of at least 185 days to insure 176
12days of actual pupil attendance, computable under Section
1310-19.05, except that for the 1980-1981 school year only 175
14days of actual pupil attendance shall be required because of
15the closing of schools pursuant to Section 24-2 on January 29,
161981 upon the appointment by the President of that day as a day
17of thanksgiving for the freedom of the Americans who had been
18held hostage in Iran. Any days allowed by law for teachers'
19institutes but not used as such or used as parental institutes
20as provided in Section 10-22.18d shall increase the minimum
21term by the school days not so used. Except as provided in
22Section 10-19.1, the board may not extend the school term
23beyond such closing date unless that extension of term is

 

 

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1necessary to provide the minimum number of computable days. In
2case of such necessary extension school employees shall be
3paid for such additional time on the basis of their regular
4contracts. A school board may specify a closing date earlier
5than that set on the annual calendar when the schools of the
6district have provided the minimum number of computable days
7under this Section. Nothing in this Section prevents the board
8from employing superintendents of schools, principals and
9other nonteaching personnel for a period of 12 months, or in
10the case of superintendents for a period in accordance with
11Section 10-23.8, or prevents the board from employing other
12personnel before or after the regular school term with payment
13of salary proportionate to that received for comparable work
14during the school term. Remote learning days, blended remote
15learning days, and up to 5 remote and blended remote learning
16planning days established under Section 10-30 or 34-18.66 or
17remote learning days established under Section 10-31 or
1834-18.67 shall be deemed pupil attendance days for calculation
19of the length of a school term under this Section.
20    A school board may make such changes in its calendar for
21the school term as may be required by any changes in the legal
22school holidays prescribed in Section 24-2. A school board may
23make changes in its calendar for the school term as may be
24necessary to reflect the utilization of teachers' institute
25days as parental institute days as provided in Section
2610-22.18d.

 

 

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1    The calendar for the school term and any changes must be
2submitted to and approved by the regional superintendent of
3schools before the calendar or changes may take effect.
4    With the prior approval of the State Board of Education
5and subject to review by the State Board of Education every 3
6years, any school board may, by resolution of its board and in
7agreement with affected exclusive collective bargaining
8agents, establish experimental educational programs, including
9but not limited to programs for e-learning days or remote
10learning as authorized under Sections Section 10-20.56, 10-31,
11or 34-18.67 of this Code, self-directed learning, or outside
12of formal class periods, which programs when so approved shall
13be considered to comply with the requirements of this Section
14as respects numbers of days of actual pupil attendance and
15with the other requirements of this Act as respects courses of
16instruction.
17(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
18101-643, eff. 6-18-20.)
 
19    (105 ILCS 5/10-19.05)
20    Sec. 10-19.05. Daily pupil attendance calculation.
21    (a) Except as otherwise provided in this Section, for a
22pupil of legal school age and in kindergarten or any of grades
231 through 12, a day of attendance shall be counted only for
24sessions of not less than 5 clock hours of school work per day
25under direct supervision of (i) teachers or (ii) non-teaching

 

 

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1personnel or volunteer personnel when engaging in non-teaching
2duties and supervising in those instances specified in
3subsection (a) of Section 10-22.34 and paragraph 10 of Section
434-18. Days of attendance by pupils through verified
5participation in an e-learning program adopted by a school
6board and verified by the regional office of education or
7intermediate service center for the school district under
8Section 10-20.56, remote or blended remote learning under
9Section 10-30 or 34-18.66, or remote learning under Section
1010-31 or 34-18.67 of this Code shall be considered as full days
11of attendance under this Section.
12    (b) A pupil regularly enrolled in a public school for only
13a part of the school day may be counted on the basis of
14one-sixth of a school day for every class hour of instruction
15of 40 minutes or more attended pursuant to such enrollment,
16unless a pupil is enrolled in a block-schedule format of 80
17minutes or more of instruction, in which case the pupil may be
18counted on the basis of the proportion of minutes of school
19work completed each day to the minimum number of minutes that
20school work is required to be held that day.
21    (c) A session of 4 or more clock hours may be counted as a
22day of attendance upon certification by the regional
23superintendent of schools and approval by the State
24Superintendent of Education to the extent that the district
25has been forced to use daily multiple sessions.
26    (d) A session of 3 or more clock hours may be counted as a

 

 

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1day of attendance (1) when the remainder of the school day or
2at least 2 hours in the evening of that day is utilized for an
3in-service training program for teachers, up to a maximum of
410 days per school year, provided that a district conducts an
5in-service training program for teachers in accordance with
6Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
7full days may be used, in which event each such day may be
8counted as a day required for a legal school calendar pursuant
9to Section 10-19 of this Code; (2) when, of the 5 days allowed
10under item (1), a maximum of 4 days are used for parent-teacher
11conferences, or, in lieu of 4 such days, 2 full days are used,
12in which case each such day may be counted as a calendar day
13required under Section 10-19 of this Code, provided that the
14full-day, parent-teacher conference consists of (i) a minimum
15of 5 clock hours of parent-teacher conferences, (ii) both a
16minimum of 2 clock hours of parent-teacher conferences held in
17the evening following a full day of student attendance and a
18minimum of 3 clock hours of parent-teacher conferences held on
19the day immediately following evening parent-teacher
20conferences, or (iii) multiple parent-teacher conferences held
21in the evenings following full days of student attendance in
22which the time used for the parent-teacher conferences is
23equivalent to a minimum of 5 clock hours; and (3) when days in
24addition to those provided in items (1) and (2) are scheduled
25by a school pursuant to its school improvement plan adopted
26under Article 34 or its revised or amended school improvement

 

 

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1plan adopted under Article 2, provided that (i) such sessions
2of 3 or more clock hours are scheduled to occur at regular
3intervals, (ii) the remainder of the school days in which such
4sessions occur are utilized for in-service training programs
5or other staff development activities for teachers, and (iii)
6a sufficient number of minutes of school work under the direct
7supervision of teachers are added to the school days between
8such regularly scheduled sessions to accumulate not less than
9the number of minutes by which such sessions of 3 or more clock
10hours fall short of 5 clock hours. Days scheduled for
11in-service training programs, staff development activities, or
12parent-teacher conferences may be scheduled separately for
13different grade levels and different attendance centers of the
14district.
15    (e) A session of not less than one clock hour of teaching
16hospitalized or homebound pupils on-site or by telephone to
17the classroom may be counted as a half day of attendance;
18however, these pupils must receive 4 or more clock hours of
19instruction to be counted for a full day of attendance.
20    (f) A session of at least 4 clock hours may be counted as a
21day of attendance for first grade pupils and pupils in
22full-day kindergartens, and a session of 2 or more hours may be
23counted as a half day of attendance by pupils in kindergartens
24that provide only half days of attendance.
25    (g) For children with disabilities who are below the age
26of 6 years and who cannot attend 2 or more clock hours because

 

 

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1of their disability or immaturity, a session of not less than
2one clock hour may be counted as a half day of attendance;
3however, for such children whose educational needs require a
4session of 4 or more clock hours, a session of at least 4 clock
5hours may be counted as a full day of attendance.
6    (h) A recognized kindergarten that provides for only a
7half day of attendance by each pupil shall not have more than
8one half day of attendance counted in any one day. However,
9kindergartens may count 2 and a half days of attendance in any
105 consecutive school days. When a pupil attends such a
11kindergarten for 2 half days on any one school day, the pupil
12shall have the following day as a day absent from school,
13unless the school district obtains permission in writing from
14the State Superintendent of Education. Attendance at
15kindergartens that provide for a full day of attendance by
16each pupil shall be counted the same as attendance by first
17grade pupils. Only the first year of attendance in one
18kindergarten shall be counted, except in the case of children
19who entered the kindergarten in their fifth year whose
20educational development requires a second year of kindergarten
21as determined under rules of the State Board of Education.
22    (i) On the days when the State's final accountability
23assessment is administered under subsection (c) of Section
242-3.64a-5 of this Code, the day of attendance for a pupil whose
25school day must be shortened to accommodate required testing
26procedures may be less than 5 clock hours and shall be counted

 

 

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1toward the 176 days of actual pupil attendance required under
2Section 10-19 of this Code, provided that a sufficient number
3of minutes of school work in excess of 5 clock hours are first
4completed on other school days to compensate for the loss of
5school work on the examination days.
6    (j) Pupils enrolled in a remote educational program
7established under Section 10-29 of this Code may be counted on
8the basis of a one-fifth day of attendance for every clock hour
9of instruction attended in the remote educational program,
10provided that, in any month, the school district may not claim
11for a student enrolled in a remote educational program more
12days of attendance than the maximum number of days of
13attendance the district can claim (i) for students enrolled in
14a building holding year-round classes if the student is
15classified as participating in the remote educational program
16on a year-round schedule or (ii) for students enrolled in a
17building not holding year-round classes if the student is not
18classified as participating in the remote educational program
19on a year-round schedule.
20    (j-5) The clock hour requirements of subsections (a)
21through (j) of this Section do not apply if the Governor has
22declared a disaster due to a public health emergency pursuant
23to Section 7 of the Illinois Emergency Management Agency Act.
24The State Superintendent of Education may establish minimum
25clock hour requirements under Sections 10-30 and 34-18.66 if
26the Governor has declared a disaster due to a public health

 

 

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1emergency pursuant to Section 7 of the Illinois Emergency
2Management Agency Act.
3    (k) Pupil participation in any of the following activities
4shall be counted toward the calculation of clock hours of
5school work per day:
6        (1) Instruction in a college course in which a student
7    is dually enrolled for both high school credit and college
8    credit.
9        (2) Participation in a Supervised Career Development
10    Experience, as defined in Section 10 of the Postsecondary
11    and Workforce Readiness Act, in which student
12    participation and learning outcomes are supervised by an
13    educator licensed under Article 21B.
14        (3) Participation in a youth apprenticeship, as
15    jointly defined in rules of the State Board of Education
16    and Department of Commerce and Economic Opportunity, in
17    which student participation and outcomes are supervised by
18    an educator licensed under Article 21B.
19        (4) Participation in a blended learning program
20    approved by the school district in which course content,
21    student evaluation, and instructional methods are
22    supervised by an educator licensed under Article 21B.
23(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
 
24    (105 ILCS 5/10-20.56)
25    Sec. 10-20.56. E-learning days.

 

 

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1    (a) The State Board of Education shall establish and
2maintain, for implementation in school districts, a program
3for use of electronic-learning (e-learning) days, as described
4in this Section. School districts may utilize a program
5approved under this Section for use during remote learning
6days and blended remote learning days under Section 10-30 or
734-18.66.
8    (b) The school board of a school district may, by
9resolution, adopt a research-based program or research-based
10programs for e-learning days district-wide that shall permit
11student instruction to be received electronically while
12students are not physically present in lieu of the district's
13scheduled emergency days as required by Section 10-19 of this
14Code. The research-based program or programs may not exceed
15the minimum number of emergency days in the approved school
16calendar and must be verified by the regional office of
17education or intermediate service center for the school
18district on or before September 1st annually to ensure access
19for all students. The regional office of education or
20intermediate service center shall ensure that the specific
21needs of all students are met, including special education
22students and English learners, and that all mandates are still
23met using the proposed research-based program. The e-learning
24program may utilize the Internet, telephones, texts, chat
25rooms, or other similar means of electronic communication for
26instruction and interaction between teachers and students that

 

 

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1meet the needs of all learners. The e-learning program shall
2address the school district's responsibility to ensure that
3all teachers and staff who may be involved in the provision of
4e-learning have access to any and all hardware and software
5that may be required for the program. If a proposed program
6does not address this responsibility, the school district must
7propose an alternate program.
8    (c) Before its adoption by a school board, the school
9board must hold a public hearing on a school district's
10initial proposal for an e-learning program or for renewal of
11such a program, at a regular or special meeting of the school
12board, in which the terms of the proposal must be
13substantially presented and an opportunity for allowing public
14comments must be provided. Notice of such public hearing must
15be provided at least 10 days prior to the hearing by:
16        (1) publication in a newspaper of general circulation
17    in the school district;
18        (2) written or electronic notice designed to reach the
19    parents or guardians of all students enrolled in the
20    school district; and
21        (3) written or electronic notice designed to reach any
22    exclusive collective bargaining representatives of school
23    district employees and all those employees not in a
24    collective bargaining unit.
25    (d) The regional office of education or intermediate
26service center for the school district must timely verify that

 

 

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1a proposal for an e-learning program has met the requirements
2specified in this Section and that the proposal contains
3provisions designed to reasonably and practicably accomplish
4the following:
5        (1) to ensure and verify at least 5 clock hours of
6    instruction or school work, as required under Section
7    10-19.05, for each student participating in an e-learning
8    day;
9        (2) to ensure access from home or other appropriate
10    remote facility for all students participating, including
11    computers, the Internet, and other forms of electronic
12    communication that must be utilized in the proposed
13    program;
14        (2.5) to ensure that non-electronic materials are made
15    available to students participating in the program who do
16    not have access to the required technology or to
17    participating teachers or students who are prevented from
18    accessing the required technology;
19        (3) to ensure appropriate learning opportunities for
20    students with special needs;
21        (4) to monitor and verify each student's electronic
22    participation;
23        (5) to address the extent to which student
24    participation is within the student's control as to the
25    time, pace, and means of learning;
26        (6) to provide effective notice to students and their

 

 

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1    parents or guardians of the use of particular days for
2    e-learning;
3        (7) to provide staff and students with adequate
4    training for e-learning days' participation;
5        (8) to ensure an opportunity for any collective
6    bargaining negotiations with representatives of the school
7    district's employees that would be legally required,
8    including all classifications of school district employees
9    who are represented by collective bargaining agreements
10    and who would be affected in the event of an e-learning
11    day;
12        (9) to review and revise the program as implemented to
13    address difficulties confronted; and
14        (10) to ensure that the protocol regarding general
15    expectations and responsibilities of the program is
16    communicated to teachers, staff, and students at least 30
17    days prior to utilizing an e-learning day.
18    The school board's approval of a school district's initial
19e-learning program and renewal of the e-learning program shall
20be for a term of 3 years. Any e-learning program adopted or
21renewed before the effective date of this amendatory Act of
22the 102nd General Assembly may continue until the expiration
23of its term, at which time the school district shall implement
24remote learning days under Section 10-31 or Section 34-18.67
25of this Code rather than an e-learning program under this
26Section.

 

 

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1    (e) The State Board of Education may adopt rules
2consistent with the provision of this Section.
3(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
4101-643, eff. 6-18-20.)
 
5    (105 ILCS 5/10-29)
6    Sec. 10-29. Remote educational programs.
7    (a) For purposes of this Section, "remote educational
8program" means an educational program delivered to students in
9the home or other location outside of a school building that
10meets all of the following criteria:
11        (1) A student may participate in the program only
12    after the school district, pursuant to adopted school
13    board policy, and a person authorized to enroll the
14    student under Section 10-20.12b of this Code determine
15    that a remote educational program will best serve the
16    student's individual learning needs. The adopted school
17    board policy shall include, but not be limited to, all of
18    the following:
19            (A) Criteria for determining that a remote
20        educational program will best serve a student's
21        individual learning needs. The criteria must include
22        consideration of, at a minimum, a student's prior
23        attendance, disciplinary record, and academic history.
24            (B) Any limitations on the number of students or
25        grade levels that may participate in a remote

 

 

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1        educational program.
2            (C) A description of the process that the school
3        district will use to approve participation in the
4        remote educational program. The process must include
5        without limitation a requirement that, for any student
6        who qualifies to receive services pursuant to the
7        federal Individuals with Disabilities Education
8        Improvement Act of 2004, the student's participation
9        in a remote educational program receive prior approval
10        from the student's individualized education program
11        team.
12            (D) A description of the process the school
13        district will use to develop and approve a written
14        remote educational plan that meets the requirements of
15        subdivision (5) of this subsection (a).
16            (E) A description of the system the school
17        district will establish to determine student
18        participation in instruction in accordance with the
19        remote educational program.
20            (F) A description of the process for renewing a
21        remote educational program at the expiration of its
22        term.
23            (G) Such other terms and provisions as the school
24        district deems necessary to provide for the
25        establishment and delivery of a remote educational
26        program.

 

 

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1        (2) The school district has determined that the remote
2    educational program's curriculum is aligned to State
3    learning standards and that the program offers instruction
4    and educational experiences consistent with those given to
5    students at the same grade level in the district.
6        (3) The remote educational program is delivered by
7    instructors that meet the following qualifications:
8            (A) they are certificated under Article 21 of this
9        Code;
10            (B) (blank); and
11            (C) they have responsibility for all of the
12        following elements of the program: planning
13        instruction, diagnosing learning needs, prescribing
14        content delivery through class activities, assessing
15        learning, reporting outcomes to administrators and
16        parents and guardians, and evaluating the effects of
17        instruction.
18        (4) During the period of time from and including the
19    opening date to the closing date of the regular school
20    term of the school district established pursuant to
21    Section 10-19 of this Code, participation in a remote
22    educational program may be claimed for evidence-based
23    funding purposes under Section 18-8.15 of this Code on any
24    calendar day, notwithstanding whether the day is a day of
25    pupil attendance or institute day on the school district's
26    calendar or any other provision of law restricting

 

 

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1    instruction on that day. If the district holds year-round
2    classes in some buildings, the district shall classify
3    each student's participation in a remote educational
4    program as either on a year-round or a non-year-round
5    schedule for purposes of claiming evidence-based funding.
6    Outside of the regular school term of the district, the
7    remote educational program may be offered as part of any
8    summer school program authorized by this Code.
9        (5) Each student participating in a remote educational
10    program must have a written remote educational plan that
11    has been approved by the school district and a person
12    authorized to enroll the student under Section 10-20.12b
13    of this Code. The school district and a person authorized
14    to enroll the student under Section 10-20.12b of this Code
15    must approve any amendment to a remote educational plan.
16    The remote educational plan must include, but is not
17    limited to, all of the following:
18            (A) Specific achievement goals for the student
19        aligned to State learning standards.
20            (B) A description of all assessments that will be
21        used to measure student progress, which description
22        shall indicate the assessments that will be
23        administered at an attendance center within the school
24        district.
25            (C) A description of the progress reports that
26        will be provided to the school district and the person

 

 

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1        or persons authorized to enroll the student under
2        Section 10-20.12b of this Code.
3            (D) Expectations, processes, and schedules for
4        interaction between a teacher and student.
5            (E) A description of the specific responsibilities
6        of the student's family and the school district with
7        respect to equipment, materials, phone and Internet
8        service, and any other requirements applicable to the
9        home or other location outside of a school building
10        necessary for the delivery of the remote educational
11        program.
12            (F) If applicable, a description of how the remote
13        educational program will be delivered in a manner
14        consistent with the student's individualized education
15        program required by Section 614(d) of the federal
16        Individuals with Disabilities Education Improvement
17        Act of 2004 or plan to ensure compliance with Section
18        504 of the federal Rehabilitation Act of 1973.
19            (G) A description of the procedures and
20        opportunities for participation in academic and
21        extracurricular activities and programs within the
22        school district.
23            (H) The identification of a parent, guardian, or
24        other responsible adult who will provide direct
25        supervision of the program. The plan must include an
26        acknowledgment by the parent, guardian, or other

 

 

HB3573 Engrossed- 19 -LRB102 12055 CMG 17392 b

1        responsible adult that he or she may engage only in
2        non-teaching duties not requiring instructional
3        judgment or the evaluation of a student. The plan
4        shall designate the parent, guardian, or other
5        responsible adult as non-teaching personnel or
6        volunteer personnel under subsection (a) of Section
7        10-22.34 of this Code.
8            (I) The identification of a school district
9        administrator who will oversee the remote educational
10        program on behalf of the school district and who may be
11        contacted by the student's parents with respect to any
12        issues or concerns with the program.
13            (J) The term of the student's participation in the
14        remote educational program, which may not extend for
15        longer than 12 months, unless the term is renewed by
16        the district in accordance with subdivision (7) of
17        this subsection (a).
18            (K) A description of the specific location or
19        locations in which the program will be delivered. If
20        the remote educational program is to be delivered to a
21        student in any location other than the student's home,
22        the plan must include a written determination by the
23        school district that the location will provide a
24        learning environment appropriate for the delivery of
25        the program. The location or locations in which the
26        program will be delivered shall be deemed a long

 

 

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1        distance teaching reception area under subsection (a)
2        of Section 10-22.34 of this Code.
3            (L) Certification by the school district that the
4        plan meets all other requirements of this Section.
5        (6) Students participating in a remote educational
6    program must be enrolled in a school district attendance
7    center pursuant to the school district's enrollment policy
8    or policies. A student participating in a remote
9    educational program must be tested as part of all
10    assessments administered by the school district pursuant
11    to Section 2-3.64a-5 of this Code at the attendance center
12    in which the student is enrolled and in accordance with
13    the attendance center's assessment policies and schedule.
14    The student must be included within all accountability
15    determinations for the school district and attendance
16    center under State and federal law.
17        (7) The term of a student's participation in a remote
18    educational program may not extend for longer than 12
19    months, unless the term is renewed by the school district.
20    The district may only renew a student's participation in a
21    remote educational program following an evaluation of the
22    student's progress in the program, a determination that
23    the student's continuation in the program will best serve
24    the student's individual learning needs, and an amendment
25    to the student's written remote educational plan
26    addressing any changes for the upcoming term of the

 

 

HB3573 Engrossed- 21 -LRB102 12055 CMG 17392 b

1    program.
2    For purposes of this Section, a remote educational program
3does not include instruction delivered to students through an
4e-learning program approved under Section 10-20.56, remote or
5blended remote learning under Section 10-30 or 34-18.66, or
6remote learning under Section 10-31 or 34-18.67 of this Code.
7    (b) A school district may, by resolution of its school
8board, establish a remote educational program.
9    (c) (Blank).
10    (d) The impact of remote educational programs on wages,
11hours, and terms and conditions of employment of educational
12employees within the school district shall be subject to local
13collective bargaining agreements.
14    (e) The use of a home or other location outside of a school
15building for a remote educational program shall not cause the
16home or other location to be deemed a public school facility.
17    (f) A remote educational program may be used, but is not
18required, for instruction delivered to a student in the home
19or other location outside of a school building that is not
20claimed for evidence-based funding purposes under Section
2118-8.15 of this Code.
22    (g) School districts that, pursuant to this Section, adopt
23a policy for a remote educational program must submit to the
24State Board of Education a copy of the policy and any
25amendments thereto, as well as data on student participation
26in a format specified by the State Board of Education. The

 

 

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1State Board of Education may perform or contract with an
2outside entity to perform an evaluation of remote educational
3programs in this State.
4    (h) The State Board of Education may adopt any rules
5necessary to ensure compliance by remote educational programs
6with the requirements of this Section and other applicable
7legal requirements.
8(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
9101-81, eff. 7-12-19.)
 
10    (105 ILCS 5/10-30)
11    Sec. 10-30. Remote and blended remote learning; public
12health emergency. This Section applies if the Governor has
13declared a disaster due to a public health emergency pursuant
14to Section 7 of the Illinois Emergency Management Agency Act.
15        (1) If the Governor has declared a disaster due to a
16    public health emergency pursuant to Section 7 of the
17    Illinois Emergency Management Agency Act, the State
18    Superintendent of Education may declare a requirement to
19    use remote learning days or blended remote learning days
20    for a school district, multiple school districts, a
21    region, or the entire State. During remote learning days,
22    schools shall conduct instruction remotely. During blended
23    remote learning days, schools may utilize hybrid models of
24    in-person and remote instruction. Once declared, remote
25    learning days or blended remote learning days shall be

 

 

HB3573 Engrossed- 23 -LRB102 12055 CMG 17392 b

1    implemented in grades pre-kindergarten through 12 as days
2    of attendance and shall be deemed pupil attendance days
3    for calculation of the length of a school term under
4    Section 10-19.
5        (2) For purposes of this Section, a remote learning
6    day or blended remote learning day may be met through a
7    district's implementation of an e-learning program under
8    Section 10-20.56 or remote learning under Section 10-31.
9        (3) For any district that does not implement an
10    e-learning program under Section 10-20.56 or remote
11    learning under Section 10-31, the district shall adopt a
12    remote and blended remote learning day plan approved by
13    the district superintendent. Each district may utilize
14    remote and blended remote learning planning days,
15    consecutively or in separate increments, to develop,
16    review, or amend its remote and blended remote learning
17    day plan or provide professional development to staff
18    regarding remote education. Up to 5 remote and blended
19    remote learning planning days may be deemed pupil
20    attendance days for calculation of the length of a school
21    term under Section 10-19.
22        (4) Each remote and blended remote learning day plan
23    shall address the following:
24            (i) accessibility of the remote instruction to all
25        students enrolled in the district;
26            (ii) if applicable, a requirement that the remote

 

 

HB3573 Engrossed- 24 -LRB102 12055 CMG 17392 b

1        learning day and blended remote learning day
2        activities reflect State learning standards;
3            (iii) a means for students to confer with an
4        educator, as necessary;
5            (iv) the unique needs of students in special
6        populations, including, but not limited to, students
7        eligible for special education under Article 14,
8        students who are English learners as defined in
9        Section 14C-2, and students experiencing homelessness
10        under the Education for Homeless Children Act, or
11        vulnerable student populations;
12            (v) how the district will take attendance and
13        monitor and verify each student's remote
14        participation; and
15            (vi) transitions from remote learning to on-site
16        learning upon the State Superintendent's declaration
17        that remote learning days or blended remote learning
18        days are no longer deemed necessary.
19        (5) The district superintendent shall periodically
20    review and amend the district's remote and blended remote
21    learning day plan, as needed, to ensure the plan meets the
22    needs of all students.
23        (6) Each remote and blended remote learning day plan
24    shall be posted on the district's Internet website where
25    other policies, rules, and standards of conduct are posted
26    and shall be provided to students and faculty.

 

 

HB3573 Engrossed- 25 -LRB102 12055 CMG 17392 b

1        (7) This Section does not create any additional
2    employee bargaining rights and does not remove any
3    employee bargaining rights.
4        (8) Statutory and regulatory curricular mandates and
5    offerings may be administered via a district's remote and
6    blended remote learning day plan, except that a district
7    may not offer individual behind-the-wheel instruction
8    required by Section 27-24.2 via a district's remote and
9    blended remote learning day plan. This Section does not
10    relieve schools and districts from completing all
11    statutory and regulatory curricular mandates and
12    offerings.
13(Source: P.A. 101-643, eff. 6-18-20.)
 
14    (105 ILCS 5/10-31 new)
15    Sec. 10-31. Remote learning.
16    (a) A school district may utilize a remote learning day
17meeting the requirements of this Section instead of an
18emergency day provided for in the school calendar. However,
19the number of remote learning days used in a school year under
20this Section may not exceed the number of emergency days
21provided for in the school calendar. A remote learning day
22under this Section shall be deemed a pupil attendance day for
23calculation of the length of the school term under Section
2410-19.
25    (b) The district superintendent must approve a remote

 

 

HB3573 Engrossed- 26 -LRB102 12055 CMG 17392 b

1learning plan for the district before the district may utilize
2a remote learning day under this Section. The remote learning
3plan must address all of the following:
4        (1) The accessibility of remote instruction, including
5    non-electronic materials, to all students enrolled in the
6    district.
7        (2) The requirement that remote learning day
8    activities reflect State learning standards, if
9    applicable.
10        (3) A means for a student to confer with an educator,
11    as necessary.
12        (4) The unique needs of a student in a special
13    population, including, but not limited to, a student
14    eligible for special education services under Article 14,
15    a student who is an English learner, as defined in Section
16    14C-2, or a student who is a homeless person, child, or
17    youth, as defined in the Education for Homeless Children
18    Act, or other vulnerable student population.
19        (5) How the district will take attendance and monitor
20    and verify each student's remote participation.
21        (6) An assurance of at least 5 clock hours of school
22    work, as required under Section 10-19.05, for each student
23    participating in the remote learning day.
24    Approval of a remote learning plan by the district
25superintendent shall be for an initial term of 3 years. Every 3
26years thereafter, the district superintendent shall review the

 

 

HB3573 Engrossed- 27 -LRB102 12055 CMG 17392 b

1plan and make any necessary changes. During the 3-year term of
2a remote learning plan, the district superintendent may
3periodically review and amend the plan as needed to ensure
4that the plan meets the needs of all students and faculty.
5    The remote learning plan must be posted on the district's
6Internet website where other policies, rules, and standards of
7conduct are posted and must be provided to students and
8faculty. Any changes to the remote learning plan must be
9posted on the district's Internet website.
10    (c) The district must provide effective notice to students
11and their parents or guardians of the use of a particular day
12as a remote learning day.
13    (d) The district must provide students and faculty with
14adequate training on how to participate in a remote learning
15day.
16    (e) The district shall ensure an opportunity for any
17collective bargaining negotiations with representatives of the
18district's employees that would be legally required, including
19all classifications of district employees who are represented
20by a collective bargaining agreement and who would be affected
21in the event a remote learning day is used.
22    (f) Statutory and regulatory curricular mandates and
23offerings may be administered via remote learning under the
24remote learning plan. This Section does not relieve a school
25or district from completing all statutory and regulatory
26curricular mandates and offerings.

 

 

HB3573 Engrossed- 28 -LRB102 12055 CMG 17392 b

1    (g) A remote learning day may utilize the Internet,
2telephones, texts, chat rooms, or other similar means of
3electronic communication for instruction and interaction
4between educators and students if such utilization meets the
5needs of all learners.
6    (h) The State Board of Education may adopt rules
7consistent with the provisions of this Section that are
8necessary to implement this Section.
 
9    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
10    Sec. 18-12. Dates for filing State aid claims. The school
11board of each school district, a regional office of education,
12a laboratory school, or a State-authorized charter school
13shall require teachers, principals, or superintendents to
14furnish from records kept by them such data as it needs in
15preparing and certifying to the State Superintendent of
16Education its report of claims provided in Section 18-8.05 or
1718-8.15 of this Code. The claim shall be based on the latest
18available equalized assessed valuation and tax rates, as
19provided in Section 18-8.05 or 18-8.15, shall use the average
20daily attendance as determined by the method outlined in
21Section 18-8.05 or 18-8.15, and shall be certified and filed
22with the State Superintendent of Education by June 21 for
23districts and State-authorized charter schools with an
24official school calendar end date before June 15 or within 2
25weeks following the official school calendar end date for

 

 

HB3573 Engrossed- 29 -LRB102 12055 CMG 17392 b

1districts, regional offices of education, laboratory schools,
2or State-authorized charter schools with a school year end
3date of June 15 or later. Failure to so file by these deadlines
4constitutes a forfeiture of the right to receive payment by
5the State until such claim is filed. The State Superintendent
6of Education shall voucher for payment those claims to the
7State Comptroller as provided in Section 18-11.
8    Except as otherwise provided in this Section, if any
9school district fails to provide the minimum school term
10specified in Section 10-19, the State aid claim for that year
11shall be reduced by the State Superintendent of Education in
12an amount equivalent to 1/176 or .56818% for each day less than
13the number of days required by this Code.
14    If the State Superintendent of Education determines that
15the failure to provide the minimum school term was occasioned
16by an act or acts of God, or was occasioned by conditions
17beyond the control of the school district which posed a
18hazardous threat to the health and safety of pupils, the State
19aid claim need not be reduced.
20    If a school district is precluded from providing the
21minimum hours of instruction required for a full day of
22attendance due to (A) an adverse weather condition, (B) a
23condition beyond the control of the school district that poses
24a hazardous threat to the health and safety of students, or (C)
25beginning with the 2016-2017 school year, the utilization of
26the school district's facilities for not more than 2 school

 

 

HB3573 Engrossed- 30 -LRB102 12055 CMG 17392 b

1days per school year by local or county authorities for the
2purpose of holding a memorial or funeral services in
3remembrance of a community member, then the partial day of
4attendance may be counted if (i) the school district has
5provided at least one hour of instruction prior to the closure
6of the school district, (ii) a school building has provided at
7least one hour of instruction prior to the closure of the
8school building, or (iii) the normal start time of the school
9district is delayed.
10    If, prior to providing any instruction, a school district
11must close one or more but not all school buildings after
12consultation with a local emergency response agency or due to
13a condition beyond the control of the school district, then
14the school district may claim attendance for up to 2 school
15days based on the average attendance of the 3 school days
16immediately preceding the closure of the affected school
17building or, if approved by the State Board of Education,
18utilize the provisions of an e-learning program for the
19affected school building as prescribed in Section 10-20.56, a
20remote and blended remote learning day plan under Section
2110-30 or 34-18.66, or a remote learning plan under Section
2210-31 or 34-18.67 of this Code. The partial or no day of
23attendance described in this Section and the reasons therefore
24shall be certified within a month of the closing or delayed
25start by the school district superintendent to the regional
26superintendent of schools for forwarding to the State

 

 

HB3573 Engrossed- 31 -LRB102 12055 CMG 17392 b

1Superintendent of Education for approval.
2    Other than the utilization of any e-learning days as
3prescribed in Section 10-20.56, a remote or blended remote
4learning day under Section 10-30 or 34-18.66, or a remote
5learning day under Section 10-31 or 34-18.67 of this Code, no
6exception to the requirement of providing a minimum school
7term may be approved by the State Superintendent of Education
8pursuant to this Section unless a school district has first
9used all emergency days provided for in its regular calendar.
10    If the State Superintendent of Education declares that an
11energy shortage exists during any part of the school year for
12the State or a designated portion of the State, a district may
13operate the school attendance centers within the district 4
14days of the week during the time of the shortage by extending
15each existing school day by one clock hour of school work, and
16the State aid claim shall not be reduced, nor shall the
17employees of that district suffer any reduction in salary or
18benefits as a result thereof. A district may operate all
19attendance centers on this revised schedule, or may apply the
20schedule to selected attendance centers, taking into
21consideration such factors as pupil transportation schedules
22and patterns and sources of energy for individual attendance
23centers.
24    Electronically submitted State aid claims shall be
25submitted by duly authorized district individuals over a
26secure network that is password protected. The electronic

 

 

HB3573 Engrossed- 32 -LRB102 12055 CMG 17392 b

1submission of a State aid claim must be accompanied with an
2affirmation that all of the provisions of Section 18-8.05 or
318-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
4all respects.
5(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
6100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
78-14-18.)
 
8    (105 ILCS 5/34-18.66)
9    Sec. 34-18.66. Remote and blended remote learning; public
10health emergency. This Section applies if the Governor has
11declared a disaster due to a public health emergency pursuant
12to Section 7 of the Illinois Emergency Management Agency Act.
13        (1) If the Governor has declared a disaster due to a
14    public health emergency pursuant to Section 7 of the
15    Illinois Emergency Management Agency Act, the State
16    Superintendent of Education may declare a requirement to
17    use remote learning days or blended remote learning days
18    for the school district, multiple school districts, a
19    region, or the entire State. During remote learning days,
20    schools shall conduct instruction remotely. During blended
21    remote learning days, schools may utilize hybrid models of
22    in-person and remote instruction. Once declared, remote
23    learning days or blended remote learning days shall be
24    implemented in grades pre-kindergarten through 12 as days
25    of attendance and shall be deemed pupil attendance days

 

 

HB3573 Engrossed- 33 -LRB102 12055 CMG 17392 b

1    for calculation of the length of a school term under
2    Section 10-19.
3        (2) For purposes of this Section, a remote learning
4    day or blended remote learning day may be met through the
5    district's implementation of an e-learning program under
6    Section 10-20.56 or remote learning under Section
7    34-18.67.
8        (3) If the district does not implement an e-learning
9    program under Section 10-20.56 or remote learning under
10    Section 34-18.67, the district shall adopt a remote and
11    blended remote learning day plan approved by the general
12    superintendent of schools. The district may utilize remote
13    and blended remote learning planning days, consecutively
14    or in separate increments, to develop, review, or amend
15    its remote and blended remote learning day plan or provide
16    professional development to staff regarding remote
17    education. Up to 5 remote and blended remote learning
18    planning days may be deemed pupil attendance days for
19    calculation of the length of a school term under Section
20    10-19.
21        (4) Each remote and blended remote learning day plan
22    shall address the following:
23            (i) accessibility of the remote instruction to all
24        students enrolled in the district;
25            (ii) if applicable, a requirement that the remote
26        learning day and blended remote learning day

 

 

HB3573 Engrossed- 34 -LRB102 12055 CMG 17392 b

1        activities reflect State learning standards;
2            (iii) a means for students to confer with an
3        educator, as necessary;
4            (iv) the unique needs of students in special
5        populations, including, but not limited to, students
6        eligible for special education under Article 14,
7        students who are English learners as defined in
8        Section 14C-2, and students experiencing homelessness
9        under the Education for Homeless Children Act, or
10        vulnerable student populations;
11            (v) how the district will take attendance and
12        monitor and verify each student's remote
13        participation; and
14            (vi) transitions from remote learning to on-site
15        learning upon the State Superintendent's declaration
16        that remote learning days or blended remote learning
17        days are no longer deemed necessary.
18        (5) The general superintendent of schools shall
19    periodically review and amend the district's remote and
20    blended remote learning day plan, as needed, to ensure the
21    plan meets the needs of all students.
22        (6) Each remote and blended remote learning day plan
23    shall be posted on the district's Internet website where
24    other policies, rules, and standards of conduct are posted
25    and shall be provided to students and faculty.
26        (7) This Section does not create any additional

 

 

HB3573 Engrossed- 35 -LRB102 12055 CMG 17392 b

1    employee bargaining rights and does not remove any
2    employee bargaining rights.
3        (8) Statutory and regulatory curricular mandates and
4    offerings may be administered via the district's remote
5    and blended remote learning day plan, except that the
6    district may not offer individual behind-the-wheel
7    instruction required by Section 27-24.2 via the district's
8    remote and blended remote learning day plan. This Section
9    does not relieve schools and the district from completing
10    all statutory and regulatory curricular mandates and
11    offerings.
12(Source: P.A. 101-643, eff. 6-18-20.)
 
13    (105 ILCS 5/34-18.67 new)
14    Sec. 34-18.67. Remote learning.
15    (a) The school district may utilize a remote learning day
16meeting the requirements of this Section instead of an
17emergency day provided for in the school calendar. However,
18the number of remote learning days used in a school year under
19this Section may not exceed the number of emergency days
20provided for in the school calendar. A remote learning day
21under this Section shall be deemed a pupil attendance day for
22calculation of the length of the school term under Section
2310-19.
24    (b) The general superintendent of schools must approve a
25remote learning plan for the district before the district may

 

 

HB3573 Engrossed- 36 -LRB102 12055 CMG 17392 b

1utilize a remote learning day under this Section. The remote
2learning plan must address all of the following:
3        (1) The accessibility of remote instruction, including
4    non-electronic materials, to all students enrolled in the
5    district.
6        (2) The requirement that remote learning day
7    activities reflect State learning standards, if
8    applicable.
9        (3) A means for a student to confer with an educator,
10    as necessary.
11        (4) The unique needs of a student in a special
12    population, including, but not limited to, a student
13    eligible for special education services under Article 14,
14    a student who is an English learner, as defined in Section
15    14C-2, or a student who is a homeless person, child, or
16    youth, as defined in the Education for Homeless Children
17    Act, or other vulnerable student population.
18        (5) How the district will take attendance and monitor
19    and verify each student's remote participation.
20        (6) An assurance of at least 5 clock hours of school
21    work, as required under Section 10-19.05, for each student
22    participating in the remote learning day.
23    Approval of a remote learning plan by the general
24superintendent of schools shall be for an initial term of 3
25years. Every 3 years thereafter, the general superintendent of
26schools shall review the plan and make any necessary changes.

 

 

HB3573 Engrossed- 37 -LRB102 12055 CMG 17392 b

1During the 3-year term of a remote learning plan, the general
2superintendent of schools may periodically review and amend
3the plan as needed to ensure that the plan meets the needs of
4all students and faculty.
5    The remote learning plan must be posted on the district's
6Internet website where other policies, rules, and standards of
7conduct are posted and must be provided to students and
8faculty. Any changes to the remote learning plan must be
9posted on the district's Internet website.
10    (c) The district must provide effective notice to students
11and their parents or guardians of the use of a particular day
12as a remote learning day.
13    (d) The district must provide students and faculty with
14adequate training on how to participate in a remote learning
15day.
16    (e) The district shall ensure an opportunity for any
17collective bargaining negotiations with representatives of the
18district's employees that would be legally required, including
19all classifications of district employees who are represented
20by a collective bargaining agreement and who would be affected
21in the event a remote learning day is used.
22    (f) Statutory and regulatory curricular mandates and
23offerings may be administered via remote learning under the
24remote learning plan. This Section does not relieve a school
25or the district from completing all statutory and regulatory
26curricular mandates and offerings.

 

 

HB3573 Engrossed- 38 -LRB102 12055 CMG 17392 b

1    (g) A remote learning day may utilize the Internet,
2telephones, texts, chat rooms, or other similar means of
3electronic communication for instruction and interaction
4between educators and students if such utilization meets the
5needs of all learners.
6    (h) The State Board of Education may adopt rules
7consistent with the provisions of this Section that are
8necessary to implement this Section.
 
9    Section 99. Effective date. This Act takes effect July 1,
102021.