Illinois General Assembly - Full Text of HB2087
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Full Text of HB2087  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/5/2019, by Rep. Jonathan Carroll


105 ILCS 5/27-24.1  from Ch. 122, par. 27-24.1
105 ILCS 5/27-24.2  from Ch. 122, par. 27-24.2

    Amends the School Code. Provides that a school district's decision to allow a student to take a portion of a driver education course through a distance learning program must be determined on a case-by-case basis and must be approved by the student's driver education teacher and the student's parent or guardian; defines "distance learning program". Provides that under no circumstances may the student take the entire driver education course through a distance learning program. Effective immediately.

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HB2087LRB101 07258 AXK 52297 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
527-24.1 and 27-24.2 as follows:
6    (105 ILCS 5/27-24.1)  (from Ch. 122, par. 27-24.1)
7    Sec. 27-24.1. Definitions. As used in the Driver Education
8Act unless the context otherwise requires:
9    "State Board" means the State Board of Education;
10    "Driver education course" and "course" means a course of
11instruction in the use and operation of cars, including
12instruction in the safe operation of cars and rules of the road
13and the laws of this State relating to motor vehicles, which
14meets the minimum requirements of this Act and the rules and
15regulations issued thereunder by the State Board and has been
16approved by the State Board as meeting such requirements;
17    "Car" means a motor vehicle of the first Division as
18defined in The Illinois Vehicle Code;
19    "Motorcycle" or "motor driven cycle" means such a vehicle
20as defined in The Illinois Vehicle Code;
21    "Driver's license" means any license or permit issued by
22the Secretary of State under Chapter 6 of The Illinois Vehicle



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1    "Distance learning program" means a program of study in
2which all participating teachers and students do not physically
3meet in the classroom and instead use the Internet, email, or
4any other method other than the classroom to provide
6    With reference to persons, the singular number includes the
7plural and vice versa, and the masculine gender includes the
9(Source: P.A. 81-1508.)
10    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
11    Sec. 27-24.2. Safety education; driver education course.
12Instruction shall be given in safety education in each of
13grades one through 8, equivalent to one class period each week,
14and any school district which maintains grades 9 through 12
15shall offer a driver education course in any such school which
16it operates. Its curriculum shall include content dealing with
17Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
18the rules adopted pursuant to those Chapters insofar as they
19pertain to the operation of motor vehicles, and the portions of
20the Litter Control Act relating to the operation of motor
21vehicles. The course of instruction given in grades 10 through
2212 shall include an emphasis on the development of knowledge,
23attitudes, habits, and skills necessary for the safe operation
24of motor vehicles, including motorcycles insofar as they can be
25taught in the classroom, and instruction on distracted driving



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1as a major traffic safety issue. In addition, the course shall
2include instruction on special hazards existing at and required
3safety and driving precautions that must be observed at
4emergency situations, highway construction and maintenance
5zones, and railroad crossings and the approaches thereto.
6Beginning with the 2017-2018 school year, the course shall also
7include instruction concerning law enforcement procedures for
8traffic stops, including a demonstration of the proper actions
9to be taken during a traffic stop and appropriate interactions
10with law enforcement. The course of instruction required of
11each eligible student at the high school level shall consist of
12a minimum of 30 clock hours of classroom instruction and a
13minimum of 6 clock hours of individual behind-the-wheel
14instruction in a dual control car on public roadways taught by
15a driver education instructor endorsed by the State Board of
16Education. A school district's decision to allow a student to
17take a portion of the driver education course through a
18distance learning program must be determined on a case-by-case
19basis and must be approved by the student's driver education
20teacher and the student's parent or guardian. Under no
21circumstances may the student take the entire driver education
22course through a distance learning program. Both the classroom
23instruction part and the practice driving part of a such 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 student
4shall not be permitted to enroll in the course; provided that
5the local superintendent of schools (with respect to a student
6attending a public high school in the district) or chief school
7administrator (with respect to a student attending a non-public
8high school in the district) may waive the requirement if the
9superintendent or chief school administrator, as the case may
10be, deems it to be in the best interest of the student. A
11student may be allowed to commence the classroom instruction
12part of such driver education course prior to reaching age 15
13if such student then will be eligible to complete the entire
14course within 12 months after being allowed to commence such
15classroom instruction.
16    A school district may offer a driver education course in a
17school by contracting with a commercial driver training school
18to provide both the classroom instruction part and the practice
19driving part or either one without having to request a
20modification or waiver of administrative rules of the State
21Board of Education if the school district approves the action
22during a public hearing on whether to enter into a contract
23with a commercial driver training school. The public hearing
24shall be held at a regular or special school board meeting
25prior to entering into such a contract. If a school district
26chooses to approve a contract with a commercial driver training



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



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1in relation to the contract must be maintained by the school
2district and made available to parents and guardians upon
3request. The instructor's date of birth and driver's license
4number and any other personally identifying information as
5deemed by the federal Driver's Privacy Protection Act of 1994
6must be redacted from any public materials.
7    Such a course may be commenced immediately after the
8completion of a prior course. Teachers of such courses shall
9meet the licensure requirements of this Code and regulations of
10the State Board as to qualifications.
11    Subject to rules of the State Board of Education, the
12school district may charge a reasonable fee, not to exceed $50,
13to students who participate in the course, unless a student is
14unable to pay for such a course, in which event the fee for
15such a student must be waived. However, the district may
16increase this fee to an amount not to exceed $250 by school
17board resolution following a public hearing on the increase,
18which increased fee must be waived for students who participate
19in the course and are unable to pay for the course. The total
20amount from driver education fees and reimbursement from the
21State for driver education must not exceed the total cost of
22the driver education program in any year and must be deposited
23into the school district's driver education fund as a separate
24line item budget entry. All moneys deposited into the school
25district's driver education fund must be used solely for the
26funding of a high school driver education program approved by



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1the State Board of Education that uses driver education
2instructors endorsed by the State Board of Education.
3(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17;
4100-465, eff. 8-31-17.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.