Illinois General Assembly - Full Text of HB0247
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Full Text of HB0247  101st General Assembly


Sen. Don Harmon

Filed: 5/14/2019





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2    AMENDMENT NO. ______. Amend House Bill 247 by replacing
3everything after the enacting clause with the following:
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 week,
10and any school district which maintains grades 9 through 12
11shall offer a driver education course in any such school which
12it operates. Its curriculum shall include content dealing with
13Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
14the rules adopted pursuant to those Chapters insofar as they
15pertain to the operation of motor vehicles, and the portions of
16the Litter Control Act relating to the operation of motor



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1vehicles. The course of instruction given in grades 10 through
212 shall include an emphasis on the development of knowledge,
3attitudes, habits, and skills necessary for the safe operation
4of motor vehicles, including motorcycles insofar as they can be
5taught in the classroom, and instruction on distracted driving
6as a major traffic safety issue. In addition, the course shall
7include instruction on special hazards existing at and required
8safety and driving precautions that must be observed at
9emergency situations, highway construction and maintenance
10zones, and railroad crossings and the approaches thereto.
11Beginning with the 2017-2018 school year, the course shall also
12include instruction concerning law enforcement procedures for
13traffic stops, including a demonstration of the proper actions
14to be taken during a traffic stop and appropriate interactions
15with law enforcement. The course of instruction required of
16each eligible student at the high school level shall consist of
17a minimum of 30 clock hours of classroom instruction and a
18minimum of 6 clock hours of individual behind-the-wheel
19instruction in a dual control car on public roadways taught by
20a driver education instructor endorsed by the State Board of
21Education. Both the classroom instruction part and the practice
22driving part of such driver education course shall be open to a
23resident or non-resident student attending a non-public school
24in the district wherein the course is offered. Each student
25attending any public or non-public high school in the district
26must receive a passing grade in at least 8 courses during the



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



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



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1request. The instructor's date of birth and driver's license
2number and any other personally identifying information as
3deemed by the federal Driver's Privacy Protection Act of 1994
4must be redacted from any public materials.
5    Such a course may be commenced immediately after the
6completion of a prior course. Teachers of such courses shall
7meet the licensure requirements of this Code and regulations of
8the State Board as to qualifications. Except for a contract
9with a Certified Driver Rehabilitation Specialist, a school
10district that contracts with a third party to teach a driver
11education course under this Section must ensure the teacher
12meets the educator licensure and endorsement requirements
13under Article 21B and must follow the same evaluation and
14observation requirements that apply to non-tenured teachers
15under Article 24A. The teacher evaluation must be conducted by
16a school administrator employed by the school district and must
17be submitted annually to the district superintendent and all
18school board members for oversight purposes.
19    Subject to rules of the State Board of Education, the
20school district may charge a reasonable fee, not to exceed $50,
21to students who participate in the course, unless a student is
22unable to pay for such a course, in which event the fee for
23such a student must be waived. However, the district may
24increase this fee to an amount not to exceed $250 by school
25board resolution following a public hearing on the increase,
26which increased fee must be waived for students who participate



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1in the course and are unable to pay for the course. The total
2amount from driver education fees and reimbursement from the
3State for driver education must not exceed the total cost of
4the driver education program in any year and must be deposited
5into the school district's driver education fund as a separate
6line item budget entry. All moneys deposited into the school
7district's driver education fund must be used solely for the
8funding of a high school driver education program approved by
9the State Board of Education that uses driver education
10instructors endorsed by the State Board of Education.
11(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17;
12100-465, eff. 8-31-17.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".