Illinois General Assembly - Full Text of HB4694
Illinois General Assembly

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Full Text of HB4694  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Rep. Tim Ozinga


105 ILCS 5/27-24.2  from Ch. 122, par. 27-24.2
625 ILCS 5/1-103  from Ch. 95 1/2, par. 1-103

    Amends the Illinois Vehicle Code. Provides that "approved driver education course" includes online instruction. Makes corresponding changes.

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1    AN ACT concerning transportation.
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 Section
527-24.2 as follows:
6    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
7    Sec. 27-24.2. Safety education; driver education course.
8Instruction shall be given in safety education in each of
9grades one through 8, equivalent to one class period each
10week, and any school district which maintains grades 9 through
1112 shall offer a driver education course in any such school
12which it operates. Its curriculum shall include content
13dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
14Vehicle Code, the rules adopted pursuant to those Chapters
15insofar as they pertain to the operation of motor vehicles,
16and the portions of the Litter Control Act relating to the
17operation of motor vehicles. The course of instruction given
18in grades 10 through 12 shall include an emphasis on the
19development of knowledge, attitudes, habits, and skills
20necessary for the safe operation of motor vehicles, including
21motorcycles insofar as they can be taught in the classroom,
22and instruction on distracted driving as a major traffic
23safety issue. In addition, the course shall include



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1instruction on special hazards existing at and required safety
2and driving precautions that must be observed at emergency
3situations, highway construction and maintenance zones, and
4railroad crossings and the approaches thereto. Beginning with
5the 2017-2018 school year, the course shall also include
6instruction concerning law enforcement procedures for traffic
7stops, including a demonstration of the proper actions to be
8taken during a traffic stop and appropriate interactions with
9law enforcement. The course of instruction required of each
10eligible student at the high school level shall consist of a
11minimum of 30 clock hours of classroom or online instruction
12and a minimum of 6 clock hours of individual behind-the-wheel
13instruction in a dual control car on public roadways taught by
14a driver education instructor endorsed by the State Board of
15Education. A school district's decision to allow a student to
16take a portion of the driver education course through a
17distance learning program must be determined on a case-by-case
18basis and must be approved by the school's administration,
19including the student's driver education teacher, and the
20student's parent or guardian. Under no circumstances may the
21student take the entire driver education course through a
22distance learning program. Both the classroom or online
23instruction part and the practice driving part of a driver
24education course shall be open to a resident or non-resident
25student attending a non-public school in the district wherein
26the course is offered. Each student attending any public or



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



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1district chooses to approve a contract with a commercial
2driver training school, then the district must provide
3evidence to the State Board of Education that the commercial
4driver training school with which it will contract holds a
5license issued by the Secretary of State under Article IV of
6Chapter 6 of the Illinois Vehicle Code and that each
7instructor employed by the commercial driver training school
8to provide instruction to students served by the school
9district holds a valid teaching license issued under the
10requirements of this Code and rules of the State Board of
11Education. Such evidence must include, but need not be limited
12to, a list of each instructor assigned to teach students
13served by the school district, which list shall include the
14instructor's name, personal identification number as required
15by the State Board of Education, birth date, and driver's
16license number. Once the contract is entered into, the school
17district shall notify the State Board of Education of any
18changes in the personnel providing instruction either (i)
19within 15 calendar days after an instructor leaves the program
20or (ii) before a new instructor is hired. Such notification
21shall include the instructor's name, personal identification
22number as required by the State Board of Education, birth
23date, and driver's license number. If the school district
24maintains an Internet website, then the district shall post a
25copy of the final contract between the district and the
26commercial driver training school on the district's Internet



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1website. If no Internet website exists, then the school
2district shall make available the contract upon request. A
3record of all materials in relation to the contract must be
4maintained by the school district and made available to
5parents and guardians upon request. The instructor's date of
6birth and driver's license number and any other personally
7identifying information as deemed by the federal Driver's
8Privacy Protection Act of 1994 must be redacted from any
9public materials.
10    Such a course may be commenced immediately after the
11completion of a prior course. Teachers of such courses shall
12meet the licensure requirements of this Code and regulations
13of the State Board as to qualifications. Except for a contract
14with a Certified Driver Rehabilitation Specialist, a school
15district that contracts with a third party to teach a driver
16education course under this Section must ensure the teacher
17meets the educator licensure and endorsement requirements
18under Article 21B and must follow the same evaluation and
19observation requirements that apply to non-tenured teachers
20under Article 24A. The teacher evaluation must be conducted by
21a school administrator employed by the school district and
22must be submitted annually to the district superintendent and
23all school board members for oversight purposes.
24    Subject to rules of the State Board of Education, the
25school district may charge a reasonable fee, not to exceed
26$50, to students who participate in the course, unless a



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1student is unable to pay for such a course, in which event the
2fee for such a student must be waived. However, the district
3may increase this fee to an amount not to exceed $250 by school
4board resolution following a public hearing on the increase,
5which increased fee must be waived for students who
6participate in the course and are unable to pay for the course.
7The total amount from driver education fees and reimbursement
8from the State for driver education must not exceed the total
9cost of the driver education program in any year and must be
10deposited into the school district's driver education fund as
11a separate line item budget entry. All moneys deposited into
12the school district's driver education fund must be used
13solely for the funding of a high school driver education
14program approved by the State Board of Education that uses
15driver education instructors endorsed by the State Board of
17(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19;
18102-558, eff. 8-20-21.)
19    Section 10. The Illinois Vehicle Code is amended by
20changing Section 1-103 as follows:
21    (625 ILCS 5/1-103)  (from Ch. 95 1/2, par. 1-103)
22    Sec. 1-103. Approved driver education course. (a) Any
23course of driver education, including online instruction,
24approved by the State Board of Education, offered by public or



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1private schools maintaining grades 9 through 12, and meeting
2at least the minimum requirements of the "Driver Education
3Act", as now or hereafter amended, (b) any course of driver
4education offered by a school licensed to give driver
5education instructions under this Act which meets at least the
6minimum educational requirements of the "Driver Education
7Act", as now or hereafter amended, and is approved by the State
8Board of Education, (c) any course of driver education given
9in another State to an Illinois resident attending school in
10such State and approved by the State administrator of the
11Driver Education Program of such other State, or (d) any
12course of driver education given at a Department of Defense
13Education Activity school that is approved by the Department
14of Defense Education Activity and taught by an adult driver
15education instructor or traffic safety officer.
16(Source: P.A. 96-740, eff. 1-1-10.)