Illinois General Assembly - Full Text of HB2789
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Full Text of HB2789  102nd General Assembly

HB2789 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2789

 

Introduced 2/19/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-705 new
105 ILCS 5/24-6
105 ILCS 5/34-18.67 new
110 ILCS 205/9.40 new

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. If the Governor has declared a disaster due to a public health emergency, requires the Department of Public Health to establish metrics for school districts and public institutions of higher education to use during the public health emergency in determining if the district or institution may safely conduct in-person instruction or if the district or institution must implement remote learning or blended remote learning to keep students and staff safe. Provides that the metrics shall be enforced by the Department, in cooperation with the State Board of Education and the Board of Higher Education. Requires the Department, the State Board of Education, and the Board of Higher Education to follow all guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as it pertains to schools and institutions of higher education during the public health emergency. Provides that the Department shall be responsible for providing rapid COVID-19 testing in public schools and public institutions of higher education. Amends the School Code and the Board of Higher Education Act. Requires school districts and public institutions of higher education to grant paid sick leave to their employees if they contract the illness for which the public health emergency was declared. Effective immediately.


LRB102 10539 CMG 15868 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB2789LRB102 10539 CMG 15868 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 Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-705 as follows:
 
7    (20 ILCS 2310/2310-705 new)
8    Sec. 2310-705. Public health emergency; schools and
9institutions of higher education.
10    (a) This Section applies if the Governor has declared a
11disaster due to a public health emergency pursuant to Section
127 of the Illinois Emergency Management Agency Act.
13    (b) The Department shall establish metrics for school
14districts and public institutions of higher education to use
15during the public health emergency in determining if the
16district or institution may safely conduct in-person
17instruction or if the district or institution must implement
18remote learning or blended remote learning to keep students
19and staff safe.
20    The metrics shall be regularly updated based on available
21information.
22    The Department shall post the metrics and any updates on
23its Internet website.

 

 

HB2789- 2 -LRB102 10539 CMG 15868 b

1    The metrics shall be enforced by the Department, in
2cooperation with the State Board of Education with respect to
3school districts and the Board of Higher Education with
4respect to public institutions of higher education.
5    (b) The Department, the State Board of Education, and the
6Board of Higher Education shall follow all guidelines of the
7Centers for Disease Control and Prevention of the United
8States Department of Health and Human Services as it pertains
9to schools and institutions of higher education during the
10public health emergency.
11    (c) The Department shall be responsible for providing
12rapid COVID-19 testing in public schools and public
13institutions of higher education so infected students and
14staff can be identified before they spread the virus.
 
15    Section 10. The School Code is amended by changing Section
1624-6 and by adding Section 34-18.67 as follows:
 
17    (105 ILCS 5/24-6)
18    Sec. 24-6. Sick leave. The school boards of all school
19districts, including special charter districts, but not
20including school districts in municipalities of 500,000 or
21more, shall grant their full-time teachers, and also shall
22grant such of their other employees as are eligible to
23participate in the Illinois Municipal Retirement Fund under
24the "600-Hour Standard" established, or under such other

 

 

HB2789- 3 -LRB102 10539 CMG 15868 b

1eligibility participation standard as may from time to time be
2established, by rules and regulations now or hereafter
3promulgated by the Board of that Fund under Section 7-198 of
4the Illinois Pension Code, as now or hereafter amended, sick
5leave provisions not less in amount than 10 days at full pay in
6each school year. If any such teacher or employee does not use
7the full amount of annual leave thus allowed, the unused
8amount shall be allowed to accumulate to a minimum available
9leave of 180 days at full pay, including the leave of the
10current year. Sick leave shall be interpreted to mean personal
11illness, quarantine at home, serious illness or death in the
12immediate family or household, or birth, adoption, or
13placement for adoption. The school board may require a
14certificate from a physician licensed in Illinois to practice
15medicine and surgery in all its branches, a chiropractic
16physician licensed under the Medical Practice Act of 1987, a
17licensed advanced practice registered nurse, a licensed
18physician assistant, or, if the treatment is by prayer or
19spiritual means, a spiritual adviser or practitioner of the
20teacher's or employee's faith as a basis for pay during leave
21after an absence of 3 days for personal illness or 30 days for
22birth or as the school board may deem necessary in other cases.
23If the school board does require a certificate as a basis for
24pay during leave of less than 3 days for personal illness, the
25school board shall pay, from school funds, the expenses
26incurred by the teachers or other employees in obtaining the

 

 

HB2789- 4 -LRB102 10539 CMG 15868 b

1certificate. For paid leave for adoption or placement for
2adoption, the school board may require that the teacher or
3other employee provide evidence that the formal adoption
4process is underway, and such leave is limited to 30 days
5unless a longer leave has been negotiated with the exclusive
6bargaining representative.
7    If, by reason of any change in the boundaries of school
8districts, or by reason of the creation of a new school
9district, the employment of a teacher is transferred to a new
10or different board, the accumulated sick leave of such teacher
11is not thereby lost, but is transferred to such new or
12different district.
13    Notwithstanding any other provision of this Section or any
14other law to the contrary, if the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act, a school
17district shall grant its employees paid sick leave if they
18contract the illness for which the public health emergency was
19declared by the Governor.
20    For purposes of this Section, "immediate family" shall
21include parents, spouse, brothers, sisters, children,
22grandparents, grandchildren, parents-in-law, brothers-in-law,
23sisters-in-law, and legal guardians.
24(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
25    (105 ILCS 5/34-18.67 new)

 

 

HB2789- 5 -LRB102 10539 CMG 15868 b

1    Sec. 34-18.67. Public health emergency; sick leave.
2Notwithstanding any other law to the contrary, if the Governor
3has declared a disaster due to a public health emergency
4pursuant to Section 7 of the Illinois Emergency Management
5Agency Act, the school district shall grant its employees paid
6sick leave if they contract the illness for which the public
7health emergency was declared by the Governor.
 
8    Section 15. The Board of Higher Education Act is amended
9by adding Section 9.40 as follows:
 
10    (110 ILCS 205/9.40 new)
11    Sec. 9.40. Public health emergency; sick leave.
12Notwithstanding any other law to the contrary, if the Governor
13has declared a disaster due to a public health emergency
14pursuant to Section 7 of the Illinois Emergency Management
15Agency Act, the Board shall require public institutions of
16higher education to grant their employees paid sick leave if
17they contract the illness for which the public health
18emergency was declared by the Governor.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.