Full Text of HB1259 100th General Assembly
HB1259ham001 100TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25g, 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 | 8 | | School
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 | 5 | | Code or any other law of this State to the
contrary, eligible | 6 | | applicants may petition the State Board of Education for the
| 7 | | waiver or modification of the mandates of this School Code or | 8 | | of the
administrative rules and regulations promulgated by the | 9 | | State Board of
Education. Waivers or modifications of | 10 | | administrative rules and regulations
and modifications of | 11 | | mandates of this School Code may be requested when an eligible | 12 | | applicant demonstrates that it can address the intent of the | 13 | | rule or
mandate in a more effective, efficient, or economical | 14 | | manner or when necessary
to stimulate innovation or improve | 15 | | student performance. Waivers of
mandates of
the School Code may | 16 | | be requested when the waivers are necessary to stimulate
| 17 | | innovation or improve student performance. Waivers may not be | 18 | | requested
from laws, rules, and regulations pertaining to | 19 | | special education, teacher educator licensure, teacher tenure | 20 | | and seniority, or Section 5-2.1 of this Code or from compliance | 21 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 22 | | Eligible applicants may not seek a waiver or seek a | 23 | | modification of a mandate regarding the requirements for (i) | 24 | | student performance data to be a significant factor in teacher | 25 | | or principal evaluations or (ii) teachers and principals to be | 26 | | rated using the 4 categories of "excellent", "proficient", |
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| 1 | | "needs improvement", or "unsatisfactory". On September 1, | 2 | | 2014, any previously authorized waiver or modification from | 3 | | such requirements shall terminate. | 4 | | (c) Eligible applicants, as a matter of inherent managerial | 5 | | policy, and any
Independent Authority established under | 6 | | Section 2-3.25f-5 of this Code may submit an
application for a | 7 | | waiver or modification authorized under this Section. Each
| 8 | | application must include a written request by the eligible | 9 | | applicant or
Independent Authority and must demonstrate that | 10 | | the intent of the mandate can
be addressed in a more effective, | 11 | | efficient, or economical manner
or be based
upon a specific | 12 | | plan for improved student performance and school improvement.
| 13 | | Any eligible applicant requesting a waiver or modification for | 14 | | the reason that intent
of the mandate can be addressed in a | 15 | | more economical manner shall include in
the application a | 16 | | fiscal analysis showing current expenditures on the mandate
and | 17 | | projected savings resulting from the waiver
or modification. | 18 | | Applications
and plans developed by eligible applicants must be | 19 | | approved by the board or regional superintendent of schools | 20 | | applying on behalf of schools or programs operated by the | 21 | | regional office of education following a public hearing on the | 22 | | application and plan and the
opportunity for the board or | 23 | | regional superintendent to hear testimony from staff
directly | 24 | | involved in
its implementation, parents, and students. The time | 25 | | period for such testimony shall be separate from the time | 26 | | period established by the eligible applicant for public comment |
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| 1 | | on other matters. If the applicant is a school district or | 2 | | joint agreement requesting a waiver or modification of Section | 3 | | 27-6 of this Code, the public hearing shall be held on a day | 4 | | other than the day on which a regular meeting of the board is | 5 | | held. | 6 | | (c-5) If the applicant is a school district, then the | 7 | | district shall post information that sets forth the time, date, | 8 | | place, and general subject matter of the public hearing on its | 9 | | Internet website at least 14 days prior to the hearing. If the | 10 | | district is requesting to increase the fee charged for driver | 11 | | education authorized pursuant to Section 27-24.2 of this Code, | 12 | | the website information shall include the proposed amount of | 13 | | the fee the district will request. All school districts must | 14 | | publish a notice of the public hearing at least 7 days prior to | 15 | | the hearing in a newspaper of general circulation within the | 16 | | school district that sets forth the time, date, place, and | 17 | | general subject matter of the hearing. Districts requesting to | 18 | | increase the fee charged for driver education shall include in | 19 | | the published notice the proposed amount of the fee the | 20 | | district will request. If the applicant is a joint agreement or | 21 | | regional superintendent, then the joint agreement or regional | 22 | | superintendent shall post information that sets forth the time, | 23 | | date, place, and general subject matter of the public hearing | 24 | | on its Internet website at least 14 days prior to the hearing. | 25 | | If the joint agreement or regional superintendent is requesting | 26 | | to increase the fee charged for driver education authorized |
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| 1 | | pursuant to Section 27-24.2 of this Code, the website | 2 | | information shall include the proposed amount of the fee the | 3 | | applicant will request. All joint agreements and regional | 4 | | superintendents must publish a notice of the public hearing at | 5 | | least 7 days prior to the hearing in a newspaper of general | 6 | | circulation in each school district that is a member of the | 7 | | joint agreement or that is served by the educational service | 8 | | region that sets forth the time, date, place, and general | 9 | | subject matter of the hearing, provided that a notice appearing | 10 | | in a newspaper generally circulated in more than one school | 11 | | district shall be deemed to fulfill this requirement with | 12 | | respect to all of the affected districts. Joint agreements or | 13 | | regional superintendents requesting to increase the fee | 14 | | charged for driver education shall include in the published | 15 | | notice the proposed amount of the fee the applicant will | 16 | | request. The
eligible applicant must notify in writing the | 17 | | affected exclusive collective
bargaining agent and those State | 18 | | legislators representing the eligible applicant's territory of
| 19 | | its
intent to seek approval of a
waiver or
modification and of | 20 | | the hearing to be held to take testimony from staff.
The | 21 | | affected exclusive collective bargaining agents shall be | 22 | | notified of such
public hearing at least 7 days prior to the | 23 | | date of the hearing and shall be
allowed to attend
such public | 24 | | hearing. The eligible applicant shall attest to compliance with | 25 | | all of
the notification and procedural requirements set forth | 26 | | in this Section. |
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| 1 | | (d) A request for a waiver or modification of | 2 | | administrative rules and
regulations or for a modification of | 3 | | mandates contained in this School Code
shall be submitted to | 4 | | the State Board of Education within 15 days after
approval by | 5 | | the board or regional superintendent of schools. The | 6 | | application as submitted to the
State Board of Education shall | 7 | | include a description of the public hearing. Except with | 8 | | respect to contracting for adaptive driver education, an | 9 | | eligible applicant wishing to request a modification or waiver | 10 | | of administrative rules of the State Board of Education | 11 | | regarding contracting with a commercial driver training school | 12 | | to provide the course of study authorized under Section 27-24.2 | 13 | | of this Code must provide evidence with its application that | 14 | | the commercial driver training school with which it will | 15 | | contract holds a license issued by the Secretary of State under | 16 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 17 | | each instructor employed by the commercial driver training | 18 | | school to provide instruction to students served by the school | 19 | | district holds a valid teaching certificate or teaching | 20 | | license, as applicable, issued under the requirements of this | 21 | | Code and rules of the State Board of Education. Such evidence | 22 | | must include, but need not be limited to, a list of each | 23 | | instructor assigned to teach students served by the school | 24 | | district, which list shall include the instructor's name, | 25 | | personal identification number as required by the State Board | 26 | | of Education, birth date, and driver's license number. If the |
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| 1 | | modification or waiver is granted, then the eligible applicant | 2 | | shall notify the State Board of Education of any changes in the | 3 | | personnel providing instruction within 15 calendar days after | 4 | | an instructor leaves the program or a new instructor is hired. | 5 | | Such notification shall include the instructor's name, | 6 | | personal identification number as required by the State Board | 7 | | of Education, birth date, and driver's license number. If a | 8 | | school district maintains an Internet website, then the | 9 | | district shall post a copy of the final contract between the | 10 | | district and the commercial driver training school on the | 11 | | district's Internet website. If no Internet website exists, | 12 | | then the district shall make available the contract upon | 13 | | request. A record of all materials in relation to the | 14 | | application for contracting must be maintained by the school | 15 | | district and made available to parents and guardians upon | 16 | | request. The instructor's date of birth and driver's license | 17 | | number and any other personally identifying information as | 18 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 19 | | must be redacted from any public materials.
Following receipt | 20 | | of the waiver or modification request, the
State Board shall | 21 | | have 45 days to review the application and request. If the
| 22 | | State Board fails to disapprove the application within that 45 | 23 | | day period, the
waiver or modification shall be deemed granted. | 24 | | The State Board
may disapprove
any request if it is not based | 25 | | upon sound educational practices, endangers the
health or | 26 | | safety of students or staff, compromises equal opportunities |
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| 1 | | for
learning, or fails to demonstrate that the intent of the | 2 | | rule or mandate can be
addressed in a more effective, | 3 | | efficient, or economical manner or have improved
student | 4 | | performance as a primary goal. Any request disapproved by the | 5 | | State
Board may be appealed to the General Assembly by the | 6 | | eligible applicant
as outlined in this Section. | 7 | | A request for a waiver from mandates contained in this | 8 | | School Code shall be
submitted to the State Board within 15 | 9 | | days after approval by the board or regional superintendent of | 10 | | schools.
The application as submitted to the State Board of | 11 | | Education
shall include a description of the public hearing. | 12 | | The description shall
include, but need not be limited to, the | 13 | | means of notice, the number of people
in attendance, the number | 14 | | of people who spoke as proponents or opponents of the
waiver, a | 15 | | brief description of their comments, and whether there were any
| 16 | | written statements submitted.
The State Board shall review the | 17 | | applications and requests for
completeness and shall compile | 18 | | the requests in reports to be filed with the
General Assembly.
| 19 | | The State Board shall file
reports outlining the waivers
| 20 | | requested by eligible applicants
and appeals by eligible | 21 | | applicants of requests
disapproved by the State Board with the | 22 | | Senate and the House of
Representatives before each March 1 and
| 23 | | October
1. The General Assembly may disapprove the report of | 24 | | the State Board in whole
or in part within 60 calendar days | 25 | | after each house of the General Assembly
next
convenes after | 26 | | the report is filed by adoption of a resolution by a record |
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| 1 | | vote
of the majority of members elected in each house. If the | 2 | | General Assembly
fails to disapprove any waiver request or | 3 | | appealed request within such 60
day period, the waiver or | 4 | | modification shall be deemed granted. Any resolution
adopted by | 5 | | the General Assembly disapproving a report of the State Board | 6 | | in
whole or in part shall be binding on the State Board. | 7 | | (e) An approved waiver or modification (except a waiver | 8 | | from or modification to a physical education mandate) may | 9 | | remain in effect for a period not to
exceed 5 school years and | 10 | | may be renewed upon application by the
eligible applicant. | 11 | | However, such waiver or modification may be changed within that
| 12 | | 5-year period by a board or regional superintendent of schools | 13 | | applying on behalf of schools or programs operated by the | 14 | | regional office of education following the procedure as set
| 15 | | forth in this Section for the initial waiver or modification | 16 | | request. If
neither the State Board of Education nor the | 17 | | General Assembly disapproves, the
change is deemed granted. | 18 | | An approved waiver from or modification to a physical | 19 | | education mandate may remain in effect for a period not to | 20 | | exceed 2 school years and may be renewed no more than 2 times | 21 | | upon application by the eligible applicant. An approved waiver | 22 | | from or modification to a physical education mandate may be | 23 | | changed within the 2-year period by the board or regional | 24 | | superintendent of schools, whichever is applicable, following | 25 | | the procedure set forth in this Section for the initial waiver | 26 | | or modification request. If neither the State Board of |
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| 1 | | Education nor the General Assembly disapproves, the change is | 2 | | deemed granted.
| 3 | | (f) (Blank). | 4 | | (Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; | 5 | | 98-1155, 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 | 8 | | activities.
| 9 | | (a) Pupils enrolled in the public schools and State | 10 | | universities engaged in
preparing teachers shall be required to | 11 | | engage
daily during the school day, except on block scheduled | 12 | | days for those public schools engaged in block scheduling, in | 13 | | courses of physical education for such
periods as are
| 14 | | compatible with the optimum growth and developmental needs of
| 15 | | individuals at the various age levels except when appropriate | 16 | | excuses
are submitted to the school by a pupil's parent or | 17 | | guardian or by a person
licensed under the Medical Practice Act | 18 | | of 1987 and except as provided in
subsection (b) of this | 19 | | Section. A school board may determine the schedule or frequency | 20 | | of physical education courses, provided that a pupil engages in | 21 | | a course of physical education for a minimum of 3 days per | 22 | | week.
| 23 | | Special activities in physical education shall be provided | 24 | | for pupils
whose physical or emotional condition, as determined | 25 | | by a person licensed
under the Medical Practice Act of 1987, |
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| 1 | | prevents their participation in the
courses provided for normal | 2 | | children.
| 3 | | (b) A school board is authorized to excuse pupils enrolled
| 4 | | in grades 11 and 12 from engaging in physical education courses | 5 | | if those
pupils request to be excused for any of the following | 6 | | reasons: (1) for
ongoing participation in an interscholastic
| 7 | | athletic program; (2) to enroll in academic classes which are | 8 | | required for
admission to an institution of higher learning, | 9 | | provided that failure to
take such classes will result in the | 10 | | pupil being denied admission to the
institution of his or her | 11 | | choice; or (3) to enroll in academic classes
which are required | 12 | | for graduation from high school, provided that failure to
take | 13 | | such classes will result in the pupil being unable to graduate. | 14 | | A school
board may also excuse pupils in grades 9 through 12 | 15 | | enrolled in a marching band
program for credit from engaging in | 16 | | physical education courses if those pupils
request to be | 17 | | excused for ongoing participation in such marching band
| 18 | | program. A school board may also, on a case-by-case basis, | 19 | | excuse pupils in grades 9 through 12 who participate in an | 20 | | interscholastic or extracurricular athletic program from | 21 | | engaging in physical education courses. In addition, a pupil
in | 22 | | any of grades 3 through 12 who is eligible for special | 23 | | education may be excused if the pupil's parent or guardian | 24 | | agrees that the pupil
must utilize the time set aside for | 25 | | physical education to receive special education support and | 26 | | services or, if there is no agreement, the individualized |
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| 1 | | education program team for the pupil determines that the pupil | 2 | | must utilize the time set aside for physical education to | 3 | | receive special education support and services, which | 4 | | agreement or determination must be made a part of the | 5 | | individualized education program. However, a pupil requiring | 6 | | adapted physical education must receive that service in | 7 | | accordance with the individualized education program developed | 8 | | for the pupil. If requested, a school board is authorized to | 9 | | excuse a pupil from engaging in a physical education course if | 10 | | the pupil has an individualized educational program under | 11 | | Article 14 of this Code, is participating in an adaptive | 12 | | athletic program outside of the school setting, and documents | 13 | | such participation as determined by the school board. A school | 14 | | board may also excuse pupils in grades 9 through 12 enrolled
in | 15 | | a Reserve Officer's Training Corps (ROTC) program sponsored by | 16 | | the school
district from engaging in physical education | 17 | | courses.
School boards which choose to exercise this authority | 18 | | shall establish a policy
to excuse pupils on an individual | 19 | | basis.
| 20 | | (c) The provisions of this Section are subject to the | 21 | | provisions 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 | 25 | | education course of study shall include a developmentally |
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| 1 | | planned and sequential curriculum that fosters the development | 2 | | of movement skills, enhances health-related fitness, increases | 3 | | students' knowledge, offers direct opportunities to learn how | 4 | | to work cooperatively in a group setting, and encourages | 5 | | healthy habits and attitudes for a healthy lifestyle. A | 6 | | physical education course of study shall provide students with | 7 | | an opportunity for an appropriate amount of daily physical | 8 | | activity. A physical education course of study must be part of | 9 | | the regular school curriculum and not extra-curricular in | 10 | | nature or organization.
| 11 | | The State Board of Education
shall prepare and make
| 12 | | available guidelines for the various grades and types of | 13 | | schools in
order to make effective the purposes set forth in | 14 | | this section and the
requirements provided in Section 27-6, and | 15 | | shall see that the general
provisions and intent of Sections | 16 | | 27-5 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. | 20 | | Instruction shall be given in safety education in each of | 21 | | grades one through 8, equivalent to one class period each week, | 22 | | and any school district which maintains
grades 9 through 12 | 23 | | shall offer a driver education course in any such school
which | 24 | | it operates. Its curriculum shall include content dealing with | 25 | | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, |
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| 1 | | the rules adopted pursuant to those Chapters insofar as they | 2 | | pertain to the operation of motor vehicles, and the portions of | 3 | | the Litter Control Act relating to the operation of motor | 4 | | vehicles. The course of instruction given in grades 10 through | 5 | | 12 shall include an emphasis on the development of knowledge, | 6 | | attitudes, habits, and skills necessary for the safe operation | 7 | | of motor vehicles, including motorcycles insofar as they can be | 8 | | taught in the classroom, and instruction on distracted driving | 9 | | as a major traffic safety issue. In addition, the course shall | 10 | | include instruction on special hazards existing at and required | 11 | | safety and driving precautions that must be observed at | 12 | | emergency situations, highway construction and maintenance | 13 | | zones, and railroad crossings and the approaches thereto. | 14 | | Beginning with the 2017-2018 school year, the course shall also | 15 | | include instruction concerning law enforcement procedures for | 16 | | traffic stops, including a demonstration of the proper actions | 17 | | to be taken during a traffic stop and appropriate interactions | 18 | | with law enforcement. The course of instruction required of | 19 | | each eligible student at the high school level shall consist of | 20 | | a minimum of 30 clock hours of classroom instruction and a | 21 | | minimum of 6 clock hours of individual behind-the-wheel | 22 | | instruction in a dual control car on public roadways taught by | 23 | | a driver education instructor endorsed by the State Board of | 24 | | Education. Both the classroom instruction part and the practice | 25 | | driving
part of such driver education course shall be open to a | 26 | | resident or
non-resident student attending a non-public school |
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| 1 | | in the district wherein the
course is offered. Each student | 2 | | attending any public or non-public high school
in the district | 3 | | must receive a passing grade in at least 8 courses during the
| 4 | | previous 2 semesters prior to enrolling in a driver education | 5 | | course, or the
student shall not be permitted to enroll in the | 6 | | course; provided that the local
superintendent of schools (with | 7 | | respect to a student attending a public high
school in the | 8 | | district) or chief school administrator (with respect to a
| 9 | | student attending a non-public high school in the district) may | 10 | | waive the
requirement if the superintendent or chief school | 11 | | administrator, as the case
may be, deems it to be in the best | 12 | | interest of the student. A student may be allowed to commence | 13 | | the
classroom instruction part of such driver education course | 14 | | prior to reaching
age 15 if such student then will be eligible | 15 | | to complete the entire course
within 12 months after being | 16 | | allowed to commence such classroom instruction. | 17 | | A school district may offer a driver education course in a | 18 | | school by contracting with a commercial driver training school | 19 | | to provide both the classroom instruction part and the practice | 20 | | driving part or either one without having to request a | 21 | | modification or waiver of administrative rules of the State | 22 | | Board of Education if a public hearing on whether to enter into | 23 | | a contract with a commercial driver training school has been | 24 | | held at a regular or special school board meeting prior to | 25 | | entering into such a contract. If a school district chooses to | 26 | | contract with a commercial driver training school, then the |
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| 1 | | district must provide evidence to the State Board of Education | 2 | | that the commercial driver training school with which it will | 3 | | contract holds a license issued by the Secretary of State under | 4 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 5 | | each instructor employed by the commercial driver training | 6 | | school to provide instruction to students served by the school | 7 | | district holds a valid teaching license issued under the | 8 | | requirements of this Code and rules of the State Board of | 9 | | Education. Such evidence must include, but need not be limited | 10 | | to, a list of each instructor assigned to teach students served | 11 | | by the school district, which list shall include the | 12 | | instructor's name, personal identification number as required | 13 | | by the State Board of Education, birth date, and driver's | 14 | | license number. Once the contract is entered into, the school | 15 | | district shall notify the State Board of Education of any | 16 | | changes in the personnel providing instruction within 15 | 17 | | calendar days after an instructor leaves the program or a new | 18 | | instructor is hired. Such notification shall include the | 19 | | instructor's name, personal identification number as required | 20 | | by the State Board of Education, birth date, and driver's | 21 | | license number. If the school district maintains an Internet | 22 | | website, then the district shall post a copy of the final | 23 | | contract between the district and the commercial driver | 24 | | training school on the district's Internet website. If no | 25 | | Internet website exists, then the school district shall make | 26 | | available the contract upon request. A record of all materials |
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| 1 | | in relation to the contract must be maintained by the school | 2 | | district and made available to parents and guardians upon | 3 | | request. The instructor's date of birth and driver's license | 4 | | number and any other personally identifying information as | 5 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 6 | | must be redacted from any public materials. The school district | 7 | | may charge a reasonable fee, not to exceed $250, to students | 8 | | who participate in a course through a contracted commercial | 9 | | driver training school. | 10 | | Such a course may be commenced immediately after the | 11 | | completion of a prior
course. Teachers of such courses shall | 12 | | meet the licensure certification requirements of
this Code Act | 13 | | and regulations of the State Board as to qualifications. | 14 | | Subject to rules of the State Board of Education, the | 15 | | school district may charge a reasonable fee, not to exceed $50, | 16 | | to students who participate in the course, unless a student is | 17 | | unable to pay for such a course, in which event the fee for | 18 | | such a student must be waived. However, the district may | 19 | | increase this fee to an amount not to exceed $250 by school | 20 | | board resolution following a public hearing on the increase, | 21 | | which increased fee must be waived for students who participate | 22 | | in the course and are unable to pay for the course. The total | 23 | | amount from driver education fees and reimbursement from the | 24 | | State for driver education must not exceed the total cost of | 25 | | the driver education program in any year and must be deposited | 26 | | into the school district's driver education fund as a separate |
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| 1 | | line item budget entry. All moneys deposited into the school | 2 | | district's driver education fund must be used solely for the | 3 | | funding of a high school driver education program approved by | 4 | | the State Board of Education that uses driver education | 5 | | instructors 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 | 8 | | becoming law, but this Act does not take effect at all unless | 9 | | Senate Bill 1 of the 100th General Assembly becomes law.".
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