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

HB2789sam001 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 5/20/2021

 

 


 

 


 
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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 Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65
7or at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the
9finding shall be filed with the rule. The agency shall take
10reasonable and appropriate measures to make emergency rules
11known to the persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to
5subsection (c-5) of this Section. Two or more emergency rules
6having substantially the same purpose and effect shall be
7deemed to be a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of
9group health benefits provided to annuitants, survivors, and
10retired employees under the State Employees Group Insurance
11Act of 1971, rules to alter the contributions to be paid by the
12State, annuitants, survivors, retired employees, or any
13combination of those entities, for that program of group
14health benefits, shall be adopted as emergency rules. The
15adoption of those rules shall be considered an emergency and
16necessary for the public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act
2090-587 or 90-588 or any other budget initiative for fiscal
21year 1999 may be adopted in accordance with this Section by the
22agency charged with administering that provision or
23initiative, except that the 24-month limitation on the
24adoption of emergency rules and the provisions of Sections
255-115 and 5-125 do not apply to rules adopted under this
26subsection (d). The adoption of emergency rules authorized by

 

 

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1this subsection (d) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6or any other budget initiative for fiscal year 2000 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (e). The adoption of
12emergency rules authorized by this subsection (e) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act
1891-712 or any other budget initiative for fiscal year 2001 may
19be adopted in accordance with this Section by the agency
20charged with administering that provision or initiative,
21except that the 24-month limitation on the adoption of
22emergency rules and the provisions of Sections 5-115 and 5-125
23do not apply to rules adopted under this subsection (f). The
24adoption of emergency rules authorized by this subsection (f)
25shall be deemed to be necessary for the public interest,
26safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act
1692-597 or any other budget initiative for fiscal year 2003 may
17be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (h). The
22adoption of emergency rules authorized by this subsection (h)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public
22Aid may also adopt rules under this subsection (j) necessary
23to administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal
5year 2006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the
8adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (k). The Department of Healthcare and Family
11Services may also adopt rules under this subsection (k)
12necessary to administer the Illinois Public Aid Code, the
13Senior Citizens and Persons with Disabilities Property Tax
14Relief Act, the Senior Citizens and Disabled Persons
15Prescription Drug Discount Program Act (now the Illinois
16Prescription Drug Discount Program Act), and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (k) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act
2197-689 may be adopted in accordance with this subsection (p)
22by the agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary
24for the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2

 

 

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1of the Illinois Public Aid Code, emergency rules to implement
2any provision of Section 5-5b.1 or Section 5A-2 of the
3Illinois Public Aid Code may be adopted in accordance with
4this subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The
10adoption of emergency rules authorized by this subsection (s)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted
19in this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary
7for the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w)
21by the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section

 

 

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116-115D, subsection (g) of Section 16-128A, and subsection (a)
2of Section 16-128B of the Public Utilities Act may be adopted
3in accordance with this subsection (x) by the Illinois
4Commerce Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-23,
12emergency rules to implement the changes made by Public Act
13100-23 to Section 4.02 of the Illinois Act on the Aging,
14Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
15Section 55-30 of the Alcoholism and Other Drug Abuse and
16Dependency Act, and Sections 74 and 75 of the Mental Health and
17Developmental Disabilities Administrative Act may be adopted
18in accordance with this subsection (y) by the respective
19Department. The adoption of emergency rules authorized by this
20subsection (y) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (z) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-554,
24emergency rules to implement the changes made by Public Act
25100-554 to Section 4.7 of the Lobbyist Registration Act may be
26adopted in accordance with this subsection (z) by the

 

 

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (z) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (aa) In order to provide for the expeditious and timely
5initial implementation of the changes made to Articles 5, 5A,
612, and 14 of the Illinois Public Aid Code under the provisions
7of Public Act 100-581, the Department of Healthcare and Family
8Services may adopt emergency rules in accordance with this
9subsection (aa). The 24-month limitation on the adoption of
10emergency rules does not apply to rules to initially implement
11the changes made to Articles 5, 5A, 12, and 14 of the Illinois
12Public Aid Code adopted under this subsection (aa). The
13adoption of emergency rules authorized by this subsection (aa)
14is deemed to be necessary for the public interest, safety, and
15welfare.
16    (bb) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-587,
18emergency rules to implement the changes made by Public Act
19100-587 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21subsection (b) of Section 55-30 of the Alcoholism and Other
22Drug Abuse and Dependency Act, Section 5-104 of the
23Specialized Mental Health Rehabilitation Act of 2013, and
24Section 75 and subsection (b) of Section 74 of the Mental
25Health and Developmental Disabilities Administrative Act may
26be adopted in accordance with this subsection (bb) by the

 

 

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1respective Department. The adoption of emergency rules
2authorized by this subsection (bb) is deemed to be necessary
3for the public interest, safety, and welfare.
4    (cc) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-587,
6emergency rules may be adopted in accordance with this
7subsection (cc) to implement the changes made by Public Act
8100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
9Pension Code by the Board created under Article 14 of the Code;
10Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
11the Board created under Article 15 of the Code; and Sections
1216-190.5 and 16-190.6 of the Illinois Pension Code by the
13Board created under Article 16 of the Code. The adoption of
14emergency rules authorized by this subsection (cc) is deemed
15to be necessary for the public interest, safety, and welfare.
16    (dd) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-864,
18emergency rules to implement the changes made by Public Act
19100-864 to Section 3.35 of the Newborn Metabolic Screening Act
20may be adopted in accordance with this subsection (dd) by the
21Secretary of State. The adoption of emergency rules authorized
22by this subsection (dd) is deemed to be necessary for the
23public interest, safety, and welfare.
24    (ee) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-1172,
26emergency rules implementing the Illinois Underground Natural

 

 

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1Gas Storage Safety Act may be adopted in accordance with this
2subsection by the Department of Natural Resources. The
3adoption of emergency rules authorized by this subsection is
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (ff) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5A and
814 of the Illinois Public Aid Code under the provisions of
9Public Act 100-1181, the Department of Healthcare and Family
10Services may on a one-time-only basis adopt emergency rules in
11accordance with this subsection (ff). The 24-month limitation
12on the adoption of emergency rules does not apply to rules to
13initially implement the changes made to Articles 5A and 14 of
14the Illinois Public Aid Code adopted under this subsection
15(ff). The adoption of emergency rules authorized by this
16subsection (ff) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (gg) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-1,
20emergency rules may be adopted by the Department of Labor in
21accordance with this subsection (gg) to implement the changes
22made by Public Act 101-1 to the Minimum Wage Law. The adoption
23of emergency rules authorized by this subsection (gg) is
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (hh) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 101-10,
2emergency rules may be adopted in accordance with this
3subsection (hh) to implement the changes made by Public Act
4101-10 to subsection (j) of Section 5-5.2 of the Illinois
5Public Aid Code. The adoption of emergency rules authorized by
6this subsection (hh) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (ii) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 101-10,
10emergency rules to implement the changes made by Public Act
11101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
12Code may be adopted in accordance with this subsection (ii) by
13the Department of Public Health. The adoption of emergency
14rules authorized by this subsection (ii) is deemed to be
15necessary for the public interest, safety, and welfare.
16    (jj) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 101-10,
18emergency rules to implement the changes made by Public Act
19101-10 to Section 74 of the Mental Health and Developmental
20Disabilities Administrative Act may be adopted in accordance
21with this subsection (jj) by the Department of Human Services.
22The adoption of emergency rules authorized by this subsection
23(jj) is deemed to be necessary for the public interest,
24safety, and welfare.
25    (kk) In order to provide for the expeditious and timely
26implementation of the Cannabis Regulation and Tax Act and

 

 

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1Public Act 101-27, the Department of Revenue, the Department
2of Public Health, the Department of Agriculture, the
3Department of State Police, and the Department of Financial
4and Professional Regulation may adopt emergency rules in
5accordance with this subsection (kk). The rulemaking authority
6granted in this subsection (kk) shall apply only to rules
7adopted before December 31, 2021. Notwithstanding the
8provisions of subsection (c), emergency rules adopted under
9this subsection (kk) shall be effective for 180 days. The
10adoption of emergency rules authorized by this subsection (kk)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (ll) In order to provide for the expeditious and timely
14implementation of the provisions of the Leveling the Playing
15Field for Illinois Retail Act, emergency rules may be adopted
16in accordance with this subsection (ll) to implement the
17changes made by the Leveling the Playing Field for Illinois
18Retail Act. The adoption of emergency rules authorized by this
19subsection (ll) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (mm) In order to provide for the expeditious and timely
22implementation of the provisions of Section 25-70 of the
23Sports Wagering Act, emergency rules to implement Section
2425-70 of the Sports Wagering Act may be adopted in accordance
25with this subsection (mm) by the Department of the Lottery as
26provided in the Sports Wagering Act. The adoption of emergency

 

 

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1rules authorized by this subsection (mm) is deemed to be
2necessary for the public interest, safety, and welfare.
3    (nn) In order to provide for the expeditious and timely
4implementation of the Sports Wagering Act, emergency rules to
5implement the Sports Wagering Act may be adopted in accordance
6with this subsection (nn) by the Illinois Gaming Board. The
7adoption of emergency rules authorized by this subsection (nn)
8is deemed to be necessary for the public interest, safety, and
9welfare.
10    (oo) In order to provide for the expeditious and timely
11implementation of the provisions of subsection (c) of Section
1220 of the Video Gaming Act, emergency rules to implement the
13provisions of subsection (c) of Section 20 of the Video Gaming
14Act may be adopted in accordance with this subsection (oo) by
15the Illinois Gaming Board. The adoption of emergency rules
16authorized by this subsection (oo) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (pp) In order to provide for the expeditious and timely
19implementation of the provisions of Section 50 of the Sexual
20Assault Evidence Submission Act, emergency rules to implement
21Section 50 of the Sexual Assault Evidence Submission Act may
22be adopted in accordance with this subsection (pp) by the
23Department of State Police. The adoption of emergency rules
24authorized by this subsection (pp) is deemed to be necessary
25for the public interest, safety, and welfare.
26    (qq) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the Illinois Works Jobs
2Program Act, emergency rules may be adopted in accordance with
3this subsection (qq) to implement the Illinois Works Jobs
4Program Act. The adoption of emergency rules authorized by
5this subsection (qq) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (rr) In order to provide for the expeditious and timely
8implementation of the provisions of subsection (c) of Section
92-3.25 of the School Code, subsection (b) of Section 2-3.25o
10of the School Code, paragraph (1.5) of Section 10-30 of the
11School Code, and paragraph (1.5) of Section 34-18.66 of the
12School Code, emergency rules to implement subsection (c) of
13Section 2-3.25 of the School Code, subsection (b) of Section
142-3.25o of the School Code, paragraph (1.5) of Section 10-30
15of the School Code, and paragraph (1.5) of Section 34-18.66 of
16the School Code may be adopted in accordance with this
17subsection (rr) by the State Board of Education. The adoption
18of emergency rules authorized by this subsection (rr) is
19deemed to be necessary for the public interest, safety, and
20welfare.
21(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
22100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
236-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
24100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
253-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
26eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;

 

 

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1101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
26-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
3101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
48-16-19; 101-601, eff. 12-10-19.)
 
5    Section 10. The School Code is amended by changing
6Sections 2-3.25, 2-3.25o, 10-20, 10-30, 21B-5, and 34-18.66 as
7follows:
 
8    (105 ILCS 5/2-3.25)  (from Ch. 122, par. 2-3.25)
9    Sec. 2-3.25. Standards for schools.
10    (a) To determine for all types of schools conducted under
11this Act efficient and adequate standards for the physical
12plant, heating, lighting, ventilation, sanitation, safety,
13equipment and supplies, instruction and teaching, curriculum,
14library, operation, maintenance, administration and
15supervision, and to issue, refuse to issue or revoke
16certificates of recognition for schools or school districts
17pursuant to standards established hereunder; to determine and
18establish efficient and adequate standards for approval of
19credit for courses given and conducted by schools outside of
20the regular school term.
21    (a-5) On or before July 1, 2021, the State Board of
22Education must adopt revised social science learning standards
23that are inclusive and reflective of all individuals in this
24country.

 

 

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1    (b) Whenever it appears that a secondary or unit school
2district may be unable to offer courses enabling students in
3grades 9 through 12 to meet the minimum preparation and
4admission requirements for public colleges and universities
5adopted by the Board of Higher Education, the State Board of
6Education shall assist the district in reviewing and analyzing
7its existing curriculum with particular reference to the
8educational needs of all pupils of the district and the
9sufficiency of existing and future revenues and payments
10available to the district for development of a curriculum
11which will provide maximum educational opportunity to pupils
12of the district. The review and analysis may consider
13achievement of this goal not only through implementation of
14traditional classroom methods but also through development of
15and participation in joint educational programs with other
16school districts or institutions of higher education, or
17alternative programs employing modern technological methods
18including but not limited to the use of television,
19telephones, computers, radio and other electronic devices.
20    (c) The State Board of Education shall adopt rules to
21revoke recognition pursuant to subsection (a) for schools or
22school districts that do not comply with public health
23requirements established by the Department of Public Health
24when the Governor has declared a disaster due to a public
25health emergency pursuant to Section 7 of the Illinois
26Emergency Management Agency Act.

 

 

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1(Source: P.A. 101-654, eff. 3-8-21.)
 
2    (105 ILCS 5/2-3.25o)
3    Sec. 2-3.25o. Registration and recognition of non-public
4elementary and secondary schools.
5    (a) Findings. The General Assembly finds and declares (i)
6that the Constitution of the State of Illinois provides that a
7"fundamental goal of the People of the State is the
8educational development of all persons to the limits of their
9capacities" and (ii) that the educational development of every
10school student serves the public purposes of the State. In
11order to ensure that all Illinois students and teachers have
12the opportunity to enroll and work in State-approved
13educational institutions and programs, the State Board of
14Education shall provide for the voluntary registration and
15recognition of non-public elementary and secondary schools.
16    (b) Registration. All non-public elementary and secondary
17schools in the State of Illinois may voluntarily register with
18the State Board of Education on an annual basis. Registration
19shall be completed in conformance with procedures prescribed
20by the State Board of Education. Information required for
21registration shall include assurances of compliance (i) with
22federal and State laws regarding health examination and
23immunization, attendance, length of term, and
24nondiscrimination and (ii) with applicable fire and health
25safety requirements and assurances that the school will comply

 

 

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1with public health requirements established by the Department
2of Public Health when the Governor has declared a disaster due
3to a public health emergency pursuant to Section 7 of the
4Illinois Emergency Management Agency Act. All non-public
5elementary and secondary schools must investigate complaints
6of noncompliance with public health requirements. A complaint
7filed with a non-public school does not preclude a complaint
8from being filed with the regional superintendent of schools.
9Regional superintendents of schools must investigate
10complaints received of noncompliance with public health
11requirements at non-public schools. An appeal contesting the
12findings of a regional superintendent of schools may be filed
13with the State Board of Education. Upon receiving notice of an
14appeal, the State Board of Education must investigate
15complaints of noncompliance with public health requirements.
16    (c) Recognition. All non-public elementary and secondary
17schools in the State of Illinois may voluntarily seek the
18status of "Non-public School Recognition" from the State Board
19of Education. This status may be obtained by compliance with
20administrative guidelines and review procedures as prescribed
21by the State Board of Education. The guidelines and procedures
22must recognize that some of the aims and the financial bases of
23non-public schools are different from public schools and will
24not be identical to those for public schools, nor will they be
25more burdensome. The guidelines and procedures must also
26recognize the diversity of non-public schools and shall not

 

 

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1impinge upon the noneducational relationships between those
2schools and their clientele.
3    (c-5) Prohibition against recognition. A non-public
4elementary or secondary school may not obtain "Non-public
5School Recognition" status unless the school requires all
6certified and non-certified applicants for employment with the
7school, after July 1, 2007, to authorize a fingerprint-based
8criminal history records check as a condition of employment to
9determine if such applicants have been convicted of any of the
10enumerated criminal or drug offenses set forth in Section
1121B-80 of this Code or have been convicted, within 7 years of
12the application for employment, of any other felony under the
13laws of this State or of any offense committed or attempted in
14any other state or against the laws of the United States that,
15if committed or attempted in this State, would have been
16punishable as a felony under the laws of this State.
17    Authorization for the check shall be furnished by the
18applicant to the school, except that if the applicant is a
19substitute teacher seeking employment in more than one
20non-public school, a teacher seeking concurrent part-time
21employment positions with more than one non-public school (as
22a reading specialist, special education teacher, or
23otherwise), or an educational support personnel employee
24seeking employment positions with more than one non-public
25school, then only one of the non-public schools employing the
26individual shall request the authorization. Upon receipt of

 

 

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1this authorization, the non-public school shall submit the
2applicant's name, sex, race, date of birth, social security
3number, fingerprint images, and other identifiers, as
4prescribed by the Department of State Police, to the
5Department of State Police.
6    The Department of State Police and Federal Bureau of
7Investigation shall furnish, pursuant to a fingerprint-based
8criminal history records check, records of convictions,
9forever and hereafter, until expunged, to the president or
10principal of the non-public school that requested the check.
11The Department of State Police shall charge that school a fee
12for conducting such check, which fee must be deposited into
13the State Police Services Fund and must not exceed the cost of
14the inquiry. Subject to appropriations for these purposes, the
15State Superintendent of Education shall reimburse non-public
16schools for fees paid to obtain criminal history records
17checks under this Section.
18    A non-public school may not obtain recognition status
19unless the school also performs a check of the Statewide Sex
20Offender Database, as authorized by the Sex Offender Community
21Notification Law, for each applicant for employment, after
22July 1, 2007, to determine whether the applicant has been
23adjudicated a sex offender.
24    Any information concerning the record of convictions
25obtained by a non-public school's president or principal under
26this Section is confidential and may be disseminated only to

 

 

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1the governing body of the non-public school or any other
2person necessary to the decision of hiring the applicant for
3employment. A copy of the record of convictions obtained from
4the Department of State Police shall be provided to the
5applicant for employment. Upon a check of the Statewide Sex
6Offender Database, the non-public school shall notify the
7applicant as to whether or not the applicant has been
8identified in the Sex Offender Database as a sex offender. Any
9information concerning the records of conviction obtained by
10the non-public school's president or principal under this
11Section for a substitute teacher seeking employment in more
12than one non-public school, a teacher seeking concurrent
13part-time employment positions with more than one non-public
14school (as a reading specialist, special education teacher, or
15otherwise), or an educational support personnel employee
16seeking employment positions with more than one non-public
17school may be shared with another non-public school's
18principal or president to which the applicant seeks
19employment. Any unauthorized release of confidential
20information may be a violation of Section 7 of the Criminal
21Identification Act.
22    No non-public school may obtain recognition status that
23knowingly employs a person, hired after July 1, 2007, for whom
24a Department of State Police and Federal Bureau of
25Investigation fingerprint-based criminal history records check
26and a Statewide Sex Offender Database check has not been

 

 

10200HB2789sam001- 28 -LRB102 10539 CMG 26780 a

1initiated or who has been convicted of any offense enumerated
2in Section 21B-80 of this Code or any offense committed or
3attempted in any other state or against the laws of the United
4States that, if committed or attempted in this State, would
5have been punishable as one or more of those offenses. No
6non-public school may obtain recognition status under this
7Section that knowingly employs a person who has been found to
8be the perpetrator of sexual or physical abuse of a minor under
918 years of age pursuant to proceedings under Article II of the
10Juvenile Court Act of 1987.
11    In order to obtain recognition status under this Section,
12a non-public school must require compliance with the
13provisions of this subsection (c-5) from all employees of
14persons or firms holding contracts with the school, including,
15but not limited to, food service workers, school bus drivers,
16and other transportation employees, who have direct, daily
17contact with pupils. Any information concerning the records of
18conviction or identification as a sex offender of any such
19employee obtained by the non-public school principal or
20president must be promptly reported to the school's governing
21body.
22    Prior to the commencement of any student teaching
23experience or required internship (which is referred to as
24student teaching in this Section) in any non-public elementary
25or secondary school that has obtained or seeks to obtain
26recognition status under this Section, a student teacher is

 

 

10200HB2789sam001- 29 -LRB102 10539 CMG 26780 a

1required to authorize a fingerprint-based criminal history
2records check. Authorization for and payment of the costs of
3the check must be furnished by the student teacher to the chief
4administrative officer of the non-public school where the
5student teaching is to be completed. Upon receipt of this
6authorization and payment, the chief administrative officer of
7the non-public school shall submit the student teacher's name,
8sex, race, date of birth, social security number, fingerprint
9images, and other identifiers, as prescribed by the Department
10of State Police, to the Department of State Police. The
11Department of State Police and the Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions,
14forever and hereinafter, until expunged, to the chief
15administrative officer of the non-public school that requested
16the check. The Department of State Police shall charge the
17school a fee for conducting the check, which fee must be passed
18on to the student teacher, must not exceed the cost of the
19inquiry, and must be deposited into the State Police Services
20Fund. The school shall further perform a check of the
21Statewide Sex Offender Database, as authorized by the Sex
22Offender Community Notification Law, and of the Statewide
23Murderer and Violent Offender Against Youth Database, as
24authorized by the Murderer and Violent Offender Against Youth
25Registration Act, for each student teacher. No school that has
26obtained or seeks to obtain recognition status under this

 

 

10200HB2789sam001- 30 -LRB102 10539 CMG 26780 a

1Section may knowingly allow a person to student teach for whom
2a criminal history records check, a Statewide Sex Offender
3Database check, and a Statewide Murderer and Violent Offender
4Against Youth Database check have not been completed and
5reviewed by the chief administrative officer of the non-public
6school.
7    A copy of the record of convictions obtained from the
8Department of State Police must be provided to the student
9teacher. Any information concerning the record of convictions
10obtained by the chief administrative officer of the non-public
11school is confidential and may be transmitted only to the
12chief administrative officer of the non-public school or his
13or her designee, the State Superintendent of Education, the
14State Educator Preparation and Licensure Board, or, for
15clarification purposes, the Department of State Police or the
16Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database. Any unauthorized
18release of confidential information may be a violation of
19Section 7 of the Criminal Identification Act.
20    No school that has obtained or seeks to obtain recognition
21status under this Section may knowingly allow a person to
22student teach who has been convicted of any offense that would
23subject him or her to license suspension or revocation
24pursuant to Section 21B-80 of this Code or who has been found
25to be the perpetrator of sexual or physical abuse of a minor
26under 18 years of age pursuant to proceedings under Article II

 

 

10200HB2789sam001- 31 -LRB102 10539 CMG 26780 a

1of the Juvenile Court Act of 1987.
2    (d) Public purposes. The provisions of this Section are in
3the public interest, for the public benefit, and serve secular
4public purposes.
5    (e) Definition. For purposes of this Section, a non-public
6school means any non-profit, non-home-based, and non-public
7elementary or secondary school that is in compliance with
8Title VI of the Civil Rights Act of 1964 and attendance at
9which satisfies the requirements of Section 26-1 of this Code.
10    (f) The State Board of Education shall adopt rules to
11revoke registration or recognition, as appropriate, for
12schools that do not comply with public health requirements
13established by the Department of Public Health when the
14Governor has declared a disaster due to a public health
15emergency pursuant to Section 7 of the Illinois Emergency
16Management Agency Act.
17(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
18    (105 ILCS 5/10-20)  (from Ch. 122, par. 10-20)
19    Sec. 10-20. Powers of school board. The school board has
20the powers enumerated in the Sections of this Article
21following this Section. This enumeration of powers is not
22exclusive, but the board may exercise all other powers not
23inconsistent with this Act that may be requisite or proper for
24the maintenance, operation, and development of any school or
25schools under the jurisdiction of the board. This grant of

 

 

10200HB2789sam001- 32 -LRB102 10539 CMG 26780 a

1powers does not release a school board from any duty imposed
2upon it by this Act or any other law. When the Governor has
3declared a disaster due to a public health emergency pursuant
4to Section 7 of the Illinois Emergency Management Agency Act,
5a school board may not pass any resolution that is in
6contravention of any requirement established by the Illinois
7Department of Public Health.
8(Source: P.A. 88-670, eff. 12-2-94; 89-159, eff. 1-1-96.)
 
9    (105 ILCS 5/10-30)
10    Sec. 10-30. Remote and blended remote learning. This
11Section applies if the Governor has declared a disaster due to
12a public health emergency pursuant to Section 7 of the
13Illinois Emergency Management Agency Act.
14        (1) If the Governor has declared a disaster due to a
15    public health emergency pursuant to Section 7 of the
16    Illinois Emergency Management Agency Act, the State
17    Superintendent of Education may declare a requirement to
18    use remote learning days or blended remote learning days
19    for a school district, multiple school districts, a
20    region, or the entire State. During remote learning days,
21    schools shall conduct instruction remotely. During blended
22    remote learning days, schools may utilize hybrid models of
23    in-person and remote instruction. Once declared, remote
24    learning days or blended remote learning days shall be
25    implemented in grades pre-kindergarten through 12 as days

 

 

10200HB2789sam001- 33 -LRB102 10539 CMG 26780 a

1    of attendance and shall be deemed pupil attendance days
2    for calculation of the length of a school term under
3    Section 10-19.
4        (1.5) Nonpublic schools and public school districts
5    must comply with public health requirements established by
6    the Illinois Department of Public Health. School districts
7    must investigate complaints of noncompliance with public
8    health requirements. Filing a complaint with a school
9    district does not preclude a complaint from being filed
10    with the regional superintendent of schools. Regional
11    superintendents of schools must investigate complaints
12    received of noncompliance with public health requirements
13    at nonpublic schools and public school districts. An
14    appeal contesting the findings of a regional
15    superintendent of schools may be filed with the State
16    Board of Education. Upon receiving an appeal, the State
17    Board of Education must investigate complaints of
18    noncompliance with public health requirements. The State
19    Superintendent of Education may require nonpublic schools
20    and public school districts to operate fully remotely if
21    the public health requirements established by the
22    Department are not followed. Nonpublic schools and public
23    school districts that do not comply with the requirements
24    of this paragraph (1.5) are subject to penalties pursuant
25    to Section 2-3.25 or 2-3.25o, as appropriate. The State
26    Board of Education may adopt rules to implement this

 

 

10200HB2789sam001- 34 -LRB102 10539 CMG 26780 a

1    paragraph (1.5).
2        (2) For purposes of this Section, a remote learning
3    day or blended remote learning day may be met through a
4    district's implementation of an e-learning program under
5    Section 10-20.56.
6        (3) For any district that does not implement an
7    e-learning program under Section 10-20.56, the district
8    shall adopt a remote and blended remote learning day plan
9    approved by the district superintendent. Each district may
10    utilize remote and blended remote learning planning days,
11    consecutively or in separate increments, to develop,
12    review, or amend its remote and blended remote learning
13    day plan or provide professional development to staff
14    regarding remote education. Up to 5 remote and blended
15    remote learning planning days may be deemed pupil
16    attendance days for calculation of the length of a school
17    term under Section 10-19.
18        (4) Each remote and blended remote learning day plan
19    shall address the following:
20            (i) accessibility of the remote instruction to all
21        students enrolled in the district;
22            (ii) if applicable, a requirement that the remote
23        learning day and blended remote learning day
24        activities reflect State learning standards;
25            (iii) a means for students to confer with an
26        educator, as necessary;

 

 

10200HB2789sam001- 35 -LRB102 10539 CMG 26780 a

1            (iv) the unique needs of students in special
2        populations, including, but not limited to, students
3        eligible for special education under Article 14,
4        students who are English learners as defined in
5        Section 14C-2, and students experiencing homelessness
6        under the Education for Homeless Children Act, or
7        vulnerable student populations;
8            (v) how the district will take attendance and
9        monitor and verify each student's remote
10        participation; and
11            (vi) transitions from remote learning to on-site
12        learning upon the State Superintendent's declaration
13        that remote learning days or blended remote learning
14        days are no longer deemed necessary.
15        (5) The district superintendent shall periodically
16    review and amend the district's remote and blended remote
17    learning day plan, as needed, to ensure the plan meets the
18    needs of all students.
19        (6) Each remote and blended remote learning day plan
20    shall be posted on the district's Internet website where
21    other policies, rules, and standards of conduct are posted
22    and shall be provided to students and faculty.
23        (7) This Section does not create any additional
24    employee bargaining rights and does not remove any
25    employee bargaining rights.
26        (8) Statutory and regulatory curricular mandates and

 

 

10200HB2789sam001- 36 -LRB102 10539 CMG 26780 a

1    offerings may be administered via a district's remote and
2    blended remote learning day plan, except that a district
3    may not offer individual behind-the-wheel instruction
4    required by Section 27-24.2 via a district's remote and
5    blended remote learning day plan. This Section does not
6    relieve schools and districts from completing all
7    statutory and regulatory curricular mandates and
8    offerings.
9(Source: P.A. 101-643, eff. 6-18-20.)
 
10    (105 ILCS 5/21B-5)
11    Sec. 21B-5. Licensure powers of the State Board of
12Education.
13    (a) Recognizing that the education of our citizens is the
14single most important influence on the prosperity and success
15of this State and recognizing that new developments in
16education require a flexible approach to our educational
17system, the State Board of Education, in consultation with the
18State Educator Preparation and Licensure Board, shall have the
19power and authority to do all of the following:
20        (1) Set standards for teaching, supervising, or
21    otherwise holding licensed employment in the public
22    schools of this State and administer the licensure process
23    as provided in this Article.
24        (2) Approve, evaluate, and sanction educator
25    preparation programs.

 

 

10200HB2789sam001- 37 -LRB102 10539 CMG 26780 a

1        (3) Enter into agreements with other states relative
2    to reciprocal approval of educator preparation programs.
3        (4) Establish standards for the issuance of new types
4    of educator licenses.
5        (5) Establish a code of ethics for all educators.
6        (6) Maintain a system of licensure examination aligned
7    with standards determined by the State Board of Education.
8        (7) Take such other action relating to the improvement
9    of instruction in the public schools as is appropriate and
10    consistent with applicable laws.
11        (8) Take action to sanction any educator or individual
12    licensed under this Code who implements any practice that
13    is in contravention of any public health requirement
14    established by the Illinois Department of Public Health
15    when the Governor has declared a disaster due to a public
16    health emergency pursuant to Section 7 of the Illinois
17    Emergency Management Agency Act.
18    (b) Only the State Board of Education, acting in
19accordance with the applicable provisions of this Article and
20rules, shall have the authority to issue or endorse any
21license required for teaching, supervising, or otherwise
22holding licensed employment in the public schools; and no
23other State agency shall have any power or authority (i) to
24establish or prescribe any qualifications or other
25requirements applicable to the issuance or endorsement of any
26such license or (ii) to establish or prescribe any licensure

 

 

10200HB2789sam001- 38 -LRB102 10539 CMG 26780 a

1or equivalent requirement that must be satisfied in order to
2teach, supervise, or hold licensed employment in the public
3schools.
4(Source: P.A. 100-596, eff. 7-1-18.)
 
5    (105 ILCS 5/34-18.66)
6    Sec. 34-18.66. Remote and blended remote learning. This
7Section applies if the Governor has declared a disaster due to
8a public health emergency pursuant to Section 7 of the
9Illinois Emergency Management Agency Act.
10        (1) If the Governor has declared a disaster due to a
11    public health emergency pursuant to Section 7 of the
12    Illinois Emergency Management Agency Act, the State
13    Superintendent of Education may declare a requirement to
14    use remote learning days or blended remote learning days
15    for the school district, multiple school districts, a
16    region, or the entire State. During remote learning days,
17    schools shall conduct instruction remotely. During blended
18    remote learning days, schools may utilize hybrid models of
19    in-person and remote instruction. Once declared, remote
20    learning days or blended remote learning days shall be
21    implemented in grades pre-kindergarten through 12 as days
22    of attendance and shall be deemed pupil attendance days
23    for calculation of the length of a school term under
24    Section 10-19.
25        (1.5) When individuals are present in school

 

 

10200HB2789sam001- 39 -LRB102 10539 CMG 26780 a

1    buildings, the school district must comply with public
2    health requirements established by the Illinois Department
3    of Public Health. The school district must investigate
4    complaints of noncompliance with public health
5    requirements. Filing a complaint with the school district
6    does not preclude a complaint from being filed with the
7    State Board of Education. The State Board of Education
8    must investigate complaints received of noncompliance with
9    public health requirements in the school district. The
10    State Superintendent of Education may require a school or
11    the school district to operate fully remotely if the
12    public health requirements established by the Department
13    are not followed. If the school district does not comply
14    with the requirements of this paragraph (1.5), the school
15    district is subject to penalties pursuant to Section
16    2-3.25. The State Board of Education may adopt rules to
17    implement this paragraph (1.5).
18        (2) For purposes of this Section, a remote learning
19    day or blended remote learning day may be met through the
20    district's implementation of an e-learning program under
21    Section 10-20.56.
22        (3) If the district does not implement an e-learning
23    program under Section 10-20.56, the district shall adopt a
24    remote and blended remote learning day plan approved by
25    the general superintendent of schools. The district may
26    utilize remote and blended remote learning planning days,

 

 

10200HB2789sam001- 40 -LRB102 10539 CMG 26780 a

1    consecutively or in separate increments, to develop,
2    review, or amend its remote and blended remote learning
3    day plan or provide professional development to staff
4    regarding remote education. Up to 5 remote and blended
5    remote learning planning days may be deemed pupil
6    attendance days for calculation of the length of a school
7    term under Section 10-19.
8        (4) Each remote and blended remote learning day plan
9    shall address the following:
10            (i) accessibility of the remote instruction to all
11        students enrolled in the district;
12            (ii) if applicable, a requirement that the remote
13        learning day and blended remote learning day
14        activities reflect State learning standards;
15            (iii) a means for students to confer with an
16        educator, as necessary;
17            (iv) the unique needs of students in special
18        populations, including, but not limited to, students
19        eligible for special education under Article 14,
20        students who are English learners as defined in
21        Section 14C-2, and students experiencing homelessness
22        under the Education for Homeless Children Act, or
23        vulnerable student populations;
24            (v) how the district will take attendance and
25        monitor and verify each student's remote
26        participation; and

 

 

10200HB2789sam001- 41 -LRB102 10539 CMG 26780 a

1            (vi) transitions from remote learning to on-site
2        learning upon the State Superintendent's declaration
3        that remote learning days or blended remote learning
4        days are no longer deemed necessary.
5        (5) The general superintendent of schools shall
6    periodically review and amend the district's remote and
7    blended remote learning day plan, as needed, to ensure the
8    plan meets the needs of all students.
9        (6) Each remote and blended remote learning day plan
10    shall be posted on the district's Internet website where
11    other policies, rules, and standards of conduct are posted
12    and shall be provided to students and faculty.
13        (7) This Section does not create any additional
14    employee bargaining rights and does not remove any
15    employee bargaining rights.
16        (8) Statutory and regulatory curricular mandates and
17    offerings may be administered via the district's remote
18    and blended remote learning day plan, except that the
19    district may not offer individual behind-the-wheel
20    instruction required by Section 27-24.2 via the district's
21    remote and blended remote learning day plan. This Section
22    does not relieve schools and the district from completing
23    all statutory and regulatory curricular mandates and
24    offerings.
25(Source: P.A. 101-643, eff. 6-18-20.)".