Full Text of HB2087 101st General Assembly
HB2087 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2087 Introduced 2/5/2019, by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: |
| 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 |
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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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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 27-24.1 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 | 8 | | Act unless the context otherwise
requires:
| 9 | | "State Board" means the State Board of Education;
| 10 | | "Driver education course" and "course" means a course of | 11 | | instruction
in the use and operation of cars, including | 12 | | instruction in the safe
operation of cars and rules of the road | 13 | | and the laws of this State
relating to motor vehicles, which | 14 | | meets the minimum requirements of this
Act and the rules and | 15 | | regulations issued thereunder by the
State Board and has been | 16 | | approved by the State
Board as meeting
such requirements;
| 17 | | "Car" means a motor vehicle of the first Division as | 18 | | defined in The
Illinois Vehicle Code;
| 19 | | "Motorcycle" or "motor driven cycle" means such a vehicle | 20 | | as defined
in The Illinois Vehicle Code;
| 21 | | "Driver's license" means any license or permit issued by | 22 | | the
Secretary of State under Chapter 6 of The Illinois Vehicle | 23 | | Code.
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| 1 | | "Distance learning program" means a program of study in | 2 | | which all participating teachers and students do not physically | 3 | | meet in the classroom and instead use the Internet, email, or | 4 | | any other method other than the classroom to provide | 5 | | instruction. | 6 | | With reference to persons, the singular number includes the | 7 | | plural
and vice versa, and the masculine gender includes the | 8 | | feminine.
| 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. | 12 | | Instruction shall be given in safety education in each of | 13 | | grades one through 8, equivalent to one class period each week, | 14 | | and any school district which maintains
grades 9 through 12 | 15 | | shall offer a driver education course in any such school
which | 16 | | it operates. Its curriculum shall include content dealing with | 17 | | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, | 18 | | the rules adopted pursuant to those Chapters insofar as they | 19 | | pertain to the operation of motor vehicles, and the portions of | 20 | | the Litter Control Act relating to the operation of motor | 21 | | vehicles. The course of instruction given in grades 10 through | 22 | | 12 shall include an emphasis on the development of knowledge, | 23 | | attitudes, habits, and skills necessary for the safe operation | 24 | | of motor vehicles, including motorcycles insofar as they can be | 25 | | taught in the classroom, and instruction on distracted driving |
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| 1 | | as a major traffic safety issue. In addition, the course shall | 2 | | include instruction on special hazards existing at and required | 3 | | safety and driving precautions that must be observed at | 4 | | emergency situations, highway construction and maintenance | 5 | | zones, and railroad crossings and the approaches thereto. | 6 | | Beginning with the 2017-2018 school year, the course shall also | 7 | | include instruction concerning law enforcement procedures for | 8 | | traffic stops, including a demonstration of the proper actions | 9 | | to be taken during a traffic stop and appropriate interactions | 10 | | with law enforcement. The course of instruction required of | 11 | | each eligible student at the high school level shall consist of | 12 | | a minimum of 30 clock hours of classroom instruction and a | 13 | | minimum of 6 clock hours of individual behind-the-wheel | 14 | | instruction in a dual control car on public roadways taught by | 15 | | a driver education instructor endorsed by the State Board of | 16 | | Education. A school district's decision to allow a student to | 17 | | take a portion of the driver education course through a | 18 | | distance learning program must be determined on a case-by-case | 19 | | basis and must be approved by the student's driver education | 20 | | teacher and the student's parent or guardian. Under no | 21 | | circumstances may the student take the entire driver education | 22 | | course through a distance learning program. Both the classroom | 23 | | instruction part and the practice driving
part of a such driver | 24 | | education course shall be open to a resident or
non-resident | 25 | | student attending a non-public school in the district wherein | 26 | | the
course is offered. Each student attending any public or |
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| 1 | | non-public high school
in the district must receive a passing | 2 | | grade in at least 8 courses during the
previous 2 semesters | 3 | | prior to enrolling in a driver education course, or the
student | 4 | | shall not be permitted to enroll in the course; provided that | 5 | | the local
superintendent of schools (with respect to a student | 6 | | attending a public high
school in the district) or chief school | 7 | | administrator (with respect to a
student attending a non-public | 8 | | high school in the district) may waive the
requirement if the | 9 | | superintendent or chief school administrator, as the case
may | 10 | | be, deems it to be in the best interest of the student. A | 11 | | student may be allowed to commence the
classroom instruction | 12 | | part of such driver education course prior to reaching
age 15 | 13 | | if such student then will be eligible to complete the entire | 14 | | course
within 12 months after being allowed to commence such | 15 | | classroom instruction. | 16 | | A school district may offer a driver education course in a | 17 | | school by contracting with a commercial driver training school | 18 | | to provide both the classroom instruction part and the practice | 19 | | driving part or either one without having to request a | 20 | | modification or waiver of administrative rules of the State | 21 | | Board of Education if the school district approves the action | 22 | | during a public hearing on whether to enter into a contract | 23 | | with a commercial driver training school. The public hearing | 24 | | shall be held at a regular or special school board meeting | 25 | | prior to entering into such a contract. If a school district | 26 | | chooses to approve a contract with a commercial driver training |
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| 1 | | school, then the district must provide evidence to the State | 2 | | Board of Education that the commercial driver training school | 3 | | with which it will contract holds a license issued by the | 4 | | Secretary of State under Article IV of Chapter 6 of the | 5 | | Illinois Vehicle Code and that each instructor employed by the | 6 | | commercial driver training school to provide instruction to | 7 | | students served by the school district holds a valid teaching | 8 | | license issued under the requirements of this Code and rules of | 9 | | the State Board of Education. Such evidence must include, but | 10 | | need not be limited to, a list of each instructor assigned to | 11 | | teach students served by the school district, which list shall | 12 | | include the instructor's name, personal identification number | 13 | | as required by the State Board of Education, birth date, and | 14 | | driver's license number. Once the contract is entered into, the | 15 | | school district shall notify the State Board of Education of | 16 | | any changes in the personnel providing instruction either (i) | 17 | | within 15 calendar days after an instructor leaves the program | 18 | | or (ii) before a new instructor is hired. Such notification | 19 | | shall include the instructor's name, personal identification | 20 | | number as required by the State Board of Education, birth date, | 21 | | and driver's license number. If the school district maintains | 22 | | an Internet website, then the district shall post a copy of the | 23 | | final 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. | 7 | | Such a course may be commenced immediately after the | 8 | | completion of a prior
course. Teachers of such courses shall | 9 | | meet the licensure requirements of
this Code and regulations of | 10 | | the State Board as to qualifications. | 11 | | Subject to rules of the State Board of Education, the | 12 | | school district may charge a reasonable fee, not to exceed $50, | 13 | | to students who participate in the course, unless a student is | 14 | | unable to pay for such a course, in which event the fee for | 15 | | such a student must be waived. However, the district may | 16 | | increase this fee to an amount not to exceed $250 by school | 17 | | board resolution following a public hearing on the increase, | 18 | | which increased fee must be waived for students who participate | 19 | | in the course and are unable to pay for the course. The total | 20 | | amount from driver education fees and reimbursement from the | 21 | | State for driver education must not exceed the total cost of | 22 | | the driver education program in any year and must be deposited | 23 | | into the school district's driver education fund as a separate | 24 | | line item budget entry. All moneys deposited into the school | 25 | | district's driver education fund must be used solely for the | 26 | | funding of a high school driver education program approved by |
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| 1 | | the State Board of Education that uses driver education | 2 | | instructors endorsed by the State Board of Education. | 3 | | (Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17; | 4 | | 100-465, eff. 8-31-17.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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