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

HB2789ham001 102ND GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 3/22/2021

 

 


 

 


 
10200HB2789ham001LRB102 10539 CMG 22650 a

1
AMENDMENT TO HOUSE BILL 2789

2    AMENDMENT NO. ______. Amend House Bill 2789 by replacing
3everything after the enacting clause with the following:
 
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 and develop
14recommended guidelines for school districts and public
15institutions of higher education to use during the public
16health emergency in determining if the district or institution

 

 

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1may safely conduct in-person instruction or if the district or
2institution must implement remote learning or blended remote
3learning to keep students and staff safe. In establishing the
4metrics and developing the recommended guidelines, the
5Department shall follow all guidelines issued by the Centers
6for Disease Control and Prevention of the United States
7Department of Health and Human Services pertaining to schools
8and institutions of higher education during the public health
9emergency.
10    The metrics and recommended guidelines shall be regularly
11updated based on available information.
12    The Department shall post the metrics and recommended
13guidelines and any updates on its Internet website.
14    (c) The Department shall be responsible for providing
15rapid COVID-19 testing in public schools and public
16institutions of higher education so infected students and
17staff can be identified before they spread the virus. Payment
18for the rapid COVID-19 testing shall come from federal relief
19funds.
 
20    Section 10. The School Code is amended by adding Sections
2110-20.75, 34-18.67, and 34-18.68 and by changing Section 24-6
22as follows:
 
23    (105 ILCS 5/10-20.75 new)
24    Sec. 10-20.75. Public health emergency; safe reopening

 

 

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1plan.
2    (a) This Section applies if the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) During the public health emergency, a school board and
6the exclusive bargaining representative of the district's
7teachers, if any, shall negotiate the procedures and protocols
8that shall be implemented to safely conduct in-person
9instruction. The procedures and protocols agreed to by the
10school board and the exclusive bargaining representative shall
11become part of the district's plan to reopen schools safely.
12The State Board of Education and the Department of Public
13Health shall enforce the terms of the plan.
14    (c) If the school board and the exclusive bargaining
15representative cannot agree on the procedures and protocols
16that shall be implemented to safely conduct in-person
17instruction, the school board shall follow the recommended
18guidelines developed by the Department of Public Health under
19Section 2310-705 of the Department of Public Health Powers and
20Duties Law of the Civil Administrative Code of Illinois.
 
21    (105 ILCS 5/24-6)
22    Sec. 24-6. Sick leave. The school boards of all school
23districts, including special charter districts, but not
24including school districts in municipalities of 500,000 or
25more, shall grant their full-time teachers, and also shall

 

 

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1grant such of their other employees as are eligible to
2participate in the Illinois Municipal Retirement Fund under
3the "600-Hour Standard" established, or under such other
4eligibility participation standard as may from time to time be
5established, by rules and regulations now or hereafter
6promulgated by the Board of that Fund under Section 7-198 of
7the Illinois Pension Code, as now or hereafter amended, sick
8leave provisions not less in amount than 10 days at full pay in
9each school year. If any such teacher or employee does not use
10the full amount of annual leave thus allowed, the unused
11amount shall be allowed to accumulate to a minimum available
12leave of 180 days at full pay, including the leave of the
13current year. Sick leave shall be interpreted to mean personal
14illness, quarantine at home, serious illness or death in the
15immediate family or household, or birth, adoption, or
16placement for adoption. The school board may require a
17certificate from a physician licensed in Illinois to practice
18medicine and surgery in all its branches, a chiropractic
19physician licensed under the Medical Practice Act of 1987, a
20licensed advanced practice registered nurse, a licensed
21physician assistant, or, if the treatment is by prayer or
22spiritual means, a spiritual adviser or practitioner of the
23teacher's or employee's faith as a basis for pay during leave
24after an absence of 3 days for personal illness or 30 days for
25birth or as the school board may deem necessary in other cases.
26If the school board does require a certificate as a basis for

 

 

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1pay during leave of less than 3 days for personal illness, the
2school board shall pay, from school funds, the expenses
3incurred by the teachers or other employees in obtaining the
4certificate. For paid leave for adoption or placement for
5adoption, the school board may require that the teacher or
6other employee provide evidence that the formal adoption
7process is underway, and such leave is limited to 30 days
8unless a longer leave has been negotiated with the exclusive
9bargaining representative.
10    If, by reason of any change in the boundaries of school
11districts, or by reason of the creation of a new school
12district, the employment of a teacher is transferred to a new
13or different board, the accumulated sick leave of such teacher
14is not thereby lost, but is transferred to such new or
15different district.
16    If the Governor has declared a disaster due to a public
17health emergency pursuant to Section 7 of the Illinois
18Emergency Management Agency Act, the school board shall grant
19an employee of the district paid sick leave if the employee
20contracts the illness for which the disaster was declared but
21only if the employee has used the full amount of paid sick
22leave already allotted to the employee and the employee
23provides medical documentation to the district that the
24employee has contracted the illness for which the disaster was
25declared.
26    For purposes of this Section, "immediate family" shall

 

 

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1include parents, spouse, brothers, sisters, children,
2grandparents, grandchildren, parents-in-law, brothers-in-law,
3sisters-in-law, and legal guardians.
4(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
5    (105 ILCS 5/34-18.67 new)
6    Sec. 34-18.67. Public health emergency; sick leave. If the
7Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act, the board shall grant an employee of
10the district paid sick leave if the employee contracts the
11illness for which the disaster was declared but only if the
12employee has used the full amount of paid sick leave already
13allotted to the employee and the employee provides medical
14documentation to the district that the employee has contracted
15the illness for which the disaster was declared.
 
16    (105 ILCS 5/34-18.68 new)
17    Sec. 34-18.68. Public health emergency; safe reopening
18plan.
19    (a) This Section applies if the Governor has declared a
20disaster due to a public health emergency pursuant to Section
217 of the Illinois Emergency Management Agency Act.
22    (b) During the public health emergency, the board and the
23exclusive bargaining representative of the district's teachers
24shall negotiate the procedures and protocols that shall be

 

 

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1implemented to safely conduct in-person instruction. The
2procedures and protocols agreed to by the board and the
3exclusive bargaining representative shall become part of the
4district's plan to reopen schools safely. The State Board of
5Education and the Department of Public Health shall enforce
6the terms of the plan.
7    (c) If the board and the exclusive bargaining
8representative cannot agree on the procedures and protocols
9that shall be implemented to safely conduct in-person
10instruction, the board shall follow the recommended guidelines
11developed by the Department of Public Health under Section
122310-705 of the Department of Public Health Powers and Duties
13Law of the Civil Administrative Code of Illinois.
 
14    Section 15. The Board of Higher Education Act is amended
15by adding Section 9.41 as follows:
 
16    (110 ILCS 205/9.41 new)
17    Sec. 9.41. Public health emergency; sick leave. If the
18Governor has declared a disaster due to a public health
19emergency pursuant to Section 7 of the Illinois Emergency
20Management Agency Act, the Board shall require each public
21institution of higher education to grant an employee of the
22institution paid sick leave if the employee contracts the
23illness for which the disaster was declared but only if the
24employee has used the full amount of paid sick leave already

 

 

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1allotted to the employee and the employee provides medical
2documentation to the institution that the employee has
3contracted the illness for which the disaster was declared.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".