Illinois General Assembly - Full Text of HB3573
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Full Text of HB3573  102nd General Assembly

HB3573sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/17/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3573

2    AMENDMENT NO. ______. Amend House Bill 3573 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and
634-18.66 and by adding Sections 10-31 and 34-18.66a as
7follows:
 
8    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
9    Sec. 10-19. Length of school term - experimental programs.
10Each school board shall annually prepare a calendar for the
11school term, specifying the opening and closing dates and
12providing a minimum term of at least 185 days to insure 176
13days of actual pupil attendance, computable under Section
1410-19.05, except that for the 1980-1981 school year only 175
15days of actual pupil attendance shall be required because of
16the closing of schools pursuant to Section 24-2 on January 29,

 

 

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11981 upon the appointment by the President of that day as a day
2of thanksgiving for the freedom of the Americans who had been
3held hostage in Iran. Any days allowed by law for teachers'
4institutes but not used as such or used as parental institutes
5as provided in Section 10-22.18d shall increase the minimum
6term by the school days not so used. Except as provided in
7Section 10-19.1, the board may not extend the school term
8beyond such closing date unless that extension of term is
9necessary to provide the minimum number of computable days. In
10case of such necessary extension school employees shall be
11paid for such additional time on the basis of their regular
12contracts. A school board may specify a closing date earlier
13than that set on the annual calendar when the schools of the
14district have provided the minimum number of computable days
15under this Section. Nothing in this Section prevents the board
16from employing superintendents of schools, principals and
17other nonteaching personnel for a period of 12 months, or in
18the case of superintendents for a period in accordance with
19Section 10-23.8, or prevents the board from employing other
20personnel before or after the regular school term with payment
21of salary proportionate to that received for comparable work
22during the school term. Remote learning days, blended remote
23learning days, and up to 5 remote and blended remote learning
24planning days established under Section 10-30 or 34-18.66 or
25remote learning days established under Section 10-31 or
2634-18.66a shall be deemed pupil attendance days for

 

 

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1calculation of the length of a school term under this Section.
2    A school board may make such changes in its calendar for
3the school term as may be required by any changes in the legal
4school holidays prescribed in Section 24-2. A school board may
5make changes in its calendar for the school term as may be
6necessary to reflect the utilization of teachers' institute
7days as parental institute days as provided in Section
810-22.18d.
9    The calendar for the school term and any changes must be
10submitted to and approved by the regional superintendent of
11schools before the calendar or changes may take effect.
12    With the prior approval of the State Board of Education
13and subject to review by the State Board of Education every 3
14years, any school board may, by resolution of its board and in
15agreement with affected exclusive collective bargaining
16agents, establish experimental educational programs, including
17but not limited to programs for e-learning days or remote
18learning as authorized under Sections Section 10-20.56, 10-31,
19or 34-18.66a of this Code, self-directed learning, or outside
20of formal class periods, which programs when so approved shall
21be considered to comply with the requirements of this Section
22as respects numbers of days of actual pupil attendance and
23with the other requirements of this Act as respects courses of
24instruction.
25(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
26101-643, eff. 6-18-20.)
 

 

 

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1    (105 ILCS 5/10-19.05)
2    Sec. 10-19.05. Daily pupil attendance calculation.
3    (a) Except as otherwise provided in this Section, for a
4pupil of legal school age and in kindergarten or any of grades
51 through 12, a day of attendance shall be counted only for
6sessions of not less than 5 clock hours of school work per day
7under direct supervision of (i) teachers or (ii) non-teaching
8personnel or volunteer personnel when engaging in non-teaching
9duties and supervising in those instances specified in
10subsection (a) of Section 10-22.34 and paragraph 10 of Section
1134-18. Days of attendance by pupils through verified
12participation in an e-learning program adopted by a school
13board and verified by the regional office of education or
14intermediate service center for the school district under
15Section 10-20.56, remote or blended remote learning under
16Section 10-30 or 34-18.66, or remote learning under Section
1710-31 or 34-18.66a of this Code shall be considered as full
18days of attendance under this Section.
19    (b) A pupil regularly enrolled in a public school for only
20a part of the school day may be counted on the basis of
21one-sixth of a school day for every class hour of instruction
22of 40 minutes or more attended pursuant to such enrollment,
23unless a pupil is enrolled in a block-schedule format of 80
24minutes or more of instruction, in which case the pupil may be
25counted on the basis of the proportion of minutes of school

 

 

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1work completed each day to the minimum number of minutes that
2school work is required to be held that day.
3    (c) A session of 4 or more clock hours may be counted as a
4day of attendance upon certification by the regional
5superintendent of schools and approval by the State
6Superintendent of Education to the extent that the district
7has been forced to use daily multiple sessions.
8    (d) A session of 3 or more clock hours may be counted as a
9day of attendance (1) when the remainder of the school day or
10at least 2 hours in the evening of that day is utilized for an
11in-service training program for teachers, up to a maximum of
1210 days per school year, provided that a district conducts an
13in-service training program for teachers in accordance with
14Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
15full days may be used, in which event each such day may be
16counted as a day required for a legal school calendar pursuant
17to Section 10-19 of this Code; (2) when, of the 5 days allowed
18under item (1), a maximum of 4 days are used for parent-teacher
19conferences, or, in lieu of 4 such days, 2 full days are used,
20in which case each such day may be counted as a calendar day
21required under Section 10-19 of this Code, provided that the
22full-day, parent-teacher conference consists of (i) a minimum
23of 5 clock hours of parent-teacher conferences, (ii) both a
24minimum of 2 clock hours of parent-teacher conferences held in
25the evening following a full day of student attendance and a
26minimum of 3 clock hours of parent-teacher conferences held on

 

 

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1the day immediately following evening parent-teacher
2conferences, or (iii) multiple parent-teacher conferences held
3in the evenings following full days of student attendance in
4which the time used for the parent-teacher conferences is
5equivalent to a minimum of 5 clock hours; and (3) when days in
6addition to those provided in items (1) and (2) are scheduled
7by a school pursuant to its school improvement plan adopted
8under Article 34 or its revised or amended school improvement
9plan adopted under Article 2, provided that (i) such sessions
10of 3 or more clock hours are scheduled to occur at regular
11intervals, (ii) the remainder of the school days in which such
12sessions occur are utilized for in-service training programs
13or other staff development activities for teachers, and (iii)
14a sufficient number of minutes of school work under the direct
15supervision of teachers are added to the school days between
16such regularly scheduled sessions to accumulate not less than
17the number of minutes by which such sessions of 3 or more clock
18hours fall short of 5 clock hours. Days scheduled for
19in-service training programs, staff development activities, or
20parent-teacher conferences may be scheduled separately for
21different grade levels and different attendance centers of the
22district.
23    (e) A session of not less than one clock hour of teaching
24hospitalized or homebound pupils on-site or by telephone to
25the classroom may be counted as a half day of attendance;
26however, these pupils must receive 4 or more clock hours of

 

 

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1instruction to be counted for a full day of attendance.
2    (f) A session of at least 4 clock hours may be counted as a
3day of attendance for first grade pupils and pupils in
4full-day kindergartens, and a session of 2 or more hours may be
5counted as a half day of attendance by pupils in kindergartens
6that provide only half days of attendance.
7    (g) For children with disabilities who are below the age
8of 6 years and who cannot attend 2 or more clock hours because
9of their disability or immaturity, a session of not less than
10one clock hour may be counted as a half day of attendance;
11however, for such children whose educational needs require a
12session of 4 or more clock hours, a session of at least 4 clock
13hours may be counted as a full day of attendance.
14    (h) A recognized kindergarten that provides for only a
15half day of attendance by each pupil shall not have more than
16one half day of attendance counted in any one day. However,
17kindergartens may count 2 and a half days of attendance in any
185 consecutive school days. When a pupil attends such a
19kindergarten for 2 half days on any one school day, the pupil
20shall have the following day as a day absent from school,
21unless the school district obtains permission in writing from
22the State Superintendent of Education. Attendance at
23kindergartens that provide for a full day of attendance by
24each pupil shall be counted the same as attendance by first
25grade pupils. Only the first year of attendance in one
26kindergarten shall be counted, except in the case of children

 

 

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1who entered the kindergarten in their fifth year whose
2educational development requires a second year of kindergarten
3as determined under rules of the State Board of Education.
4    (i) On the days when the State's final accountability
5assessment is administered under subsection (c) of Section
62-3.64a-5 of this Code, the day of attendance for a pupil whose
7school day must be shortened to accommodate required testing
8procedures may be less than 5 clock hours and shall be counted
9toward the 176 days of actual pupil attendance required under
10Section 10-19 of this Code, provided that a sufficient number
11of minutes of school work in excess of 5 clock hours are first
12completed on other school days to compensate for the loss of
13school work on the examination days.
14    (j) Pupils enrolled in a remote educational program
15established under Section 10-29 of this Code may be counted on
16the basis of a one-fifth day of attendance for every clock hour
17of instruction attended in the remote educational program,
18provided that, in any month, the school district may not claim
19for a student enrolled in a remote educational program more
20days of attendance than the maximum number of days of
21attendance the district can claim (i) for students enrolled in
22a building holding year-round classes if the student is
23classified as participating in the remote educational program
24on a year-round schedule or (ii) for students enrolled in a
25building not holding year-round classes if the student is not
26classified as participating in the remote educational program

 

 

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1on a year-round schedule.
2    (j-5) The clock hour requirements of subsections (a)
3through (j) of this Section do not apply if the Governor has
4declared a disaster due to a public health emergency pursuant
5to Section 7 of the Illinois Emergency Management Agency Act.
6The State Superintendent of Education may establish minimum
7clock hour requirements under Sections 10-30 and 34-18.66 if
8the Governor has declared a disaster due to a public health
9emergency pursuant to Section 7 of the Illinois Emergency
10Management Agency Act.
11    (k) Pupil participation in any of the following activities
12shall be counted toward the calculation of clock hours of
13school work per day:
14        (1) Instruction in a college course in which a student
15    is dually enrolled for both high school credit and college
16    credit.
17        (2) Participation in a Supervised Career Development
18    Experience, as defined in Section 10 of the Postsecondary
19    and Workforce Readiness Act, in which student
20    participation and learning outcomes are supervised by an
21    educator licensed under Article 21B.
22        (3) Participation in a youth apprenticeship, as
23    jointly defined in rules of the State Board of Education
24    and Department of Commerce and Economic Opportunity, in
25    which student participation and outcomes are supervised by
26    an educator licensed under Article 21B.

 

 

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1        (4) Participation in a blended learning program
2    approved by the school district in which course content,
3    student evaluation, and instructional methods are
4    supervised by an educator licensed under Article 21B.
5(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
 
6    (105 ILCS 5/10-20.56)
7    (Text of Section before amendment by P.A. 102-584)
8    Sec. 10-20.56. E-learning days.
9    (a) The State Board of Education shall establish and
10maintain, for implementation in school districts, a program
11for use of electronic-learning (e-learning) days, as described
12in this Section. School districts may utilize a program
13approved under this Section for use during remote learning
14days and blended remote learning days under Section 10-30 or
1534-18.66.
16    (b) The school board of a school district may, by
17resolution, adopt a research-based program or research-based
18programs for e-learning days district-wide that shall permit
19student instruction to be received electronically while
20students are not physically present in lieu of the district's
21scheduled emergency days as required by Section 10-19 of this
22Code. The research-based program or programs may not exceed
23the minimum number of emergency days in the approved school
24calendar and must be verified by the regional office of
25education or intermediate service center for the school

 

 

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1district on or before September 1st annually to ensure access
2for all students. The regional office of education or
3intermediate service center shall ensure that the specific
4needs of all students are met, including special education
5students and English learners, and that all mandates are still
6met using the proposed research-based program. The e-learning
7program may utilize the Internet, telephones, texts, chat
8rooms, or other similar means of electronic communication for
9instruction and interaction between teachers and students that
10meet the needs of all learners. The e-learning program shall
11address the school district's responsibility to ensure that
12all teachers and staff who may be involved in the provision of
13e-learning have access to any and all hardware and software
14that may be required for the program. If a proposed program
15does not address this responsibility, the school district must
16propose an alternate program.
17    (c) Before its adoption by a school board, the school
18board must hold a public hearing on a school district's
19initial proposal for an e-learning program or for renewal of
20such a program, at a regular or special meeting of the school
21board, in which the terms of the proposal must be
22substantially presented and an opportunity for allowing public
23comments must be provided. Notice of such public hearing must
24be provided at least 10 days prior to the hearing by:
25        (1) publication in a newspaper of general circulation
26    in the school district;

 

 

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1        (2) written or electronic notice designed to reach the
2    parents or guardians of all students enrolled in the
3    school district; and
4        (3) written or electronic notice designed to reach any
5    exclusive collective bargaining representatives of school
6    district employees and all those employees not in a
7    collective bargaining unit.
8    (d) The regional office of education or intermediate
9service center for the school district must timely verify that
10a proposal for an e-learning program has met the requirements
11specified in this Section and that the proposal contains
12provisions designed to reasonably and practicably accomplish
13the following:
14        (1) to ensure and verify at least 5 clock hours of
15    instruction or school work, as required under Section
16    10-19.05, for each student participating in an e-learning
17    day;
18        (2) to ensure access from home or other appropriate
19    remote facility for all students participating, including
20    computers, the Internet, and other forms of electronic
21    communication that must be utilized in the proposed
22    program;
23        (2.5) to ensure that non-electronic materials are made
24    available to students participating in the program who do
25    not have access to the required technology or to
26    participating teachers or students who are prevented from

 

 

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1    accessing the required technology;
2        (3) to ensure appropriate learning opportunities for
3    students with special needs;
4        (4) to monitor and verify each student's electronic
5    participation;
6        (5) to address the extent to which student
7    participation is within the student's control as to the
8    time, pace, and means of learning;
9        (6) to provide effective notice to students and their
10    parents or guardians of the use of particular days for
11    e-learning;
12        (7) to provide staff and students with adequate
13    training for e-learning days' participation;
14        (8) to ensure an opportunity for any collective
15    bargaining negotiations with representatives of the school
16    district's employees that would be legally required,
17    including all classifications of school district employees
18    who are represented by collective bargaining agreements
19    and who would be affected in the event of an e-learning
20    day;
21        (9) to review and revise the program as implemented to
22    address difficulties confronted; and
23        (10) to ensure that the protocol regarding general
24    expectations and responsibilities of the program is
25    communicated to teachers, staff, and students at least 30
26    days prior to utilizing an e-learning day.

 

 

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1    The school board's approval of a school district's initial
2e-learning program and renewal of the e-learning program shall
3be for a term of 3 years. Any e-learning program adopted or
4renewed before the effective date of this amendatory Act of
5the 102nd General Assembly may continue until the expiration
6of its term, at which time the school district shall implement
7remote learning days under Section 10-31 or Section 34-18.66a
8of this Code rather than an e-learning program under this
9Section.
10    (e) The State Board of Education may adopt rules
11consistent with the provision of this Section.
12(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
13101-643, eff. 6-18-20.)
 
14    (Text of Section after amendment by P.A. 102-584)
15    Sec. 10-20.56. E-learning days.
16    (a) The State Board of Education shall establish and
17maintain, for implementation in school districts, a program
18for use of electronic-learning (e-learning) days, as described
19in this Section. School districts may utilize a program
20approved under this Section for use during remote learning
21days and blended remote learning days under Section 10-30 or
2234-18.66.
23    (b) The school board of a school district may, by
24resolution, adopt a research-based program or research-based
25programs for e-learning days district-wide that shall permit

 

 

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1student instruction to be received electronically while
2students are not physically present in lieu of the district's
3scheduled emergency days as required by Section 10-19 of this
4Code or because a school was selected to be a polling place
5under Section 11-4.1 of the Election Code. The research-based
6program or programs may not exceed the minimum number of
7emergency days in the approved school calendar and must be
8verified by the regional office of education or intermediate
9service center for the school district on or before September
101st annually to ensure access for all students. The regional
11office of education or intermediate service center shall
12ensure that the specific needs of all students are met,
13including special education students and English learners, and
14that all mandates are still met using the proposed
15research-based program. The e-learning program may utilize the
16Internet, telephones, texts, chat rooms, or other similar
17means of electronic communication for instruction and
18interaction between teachers and students that meet the needs
19of all learners. The e-learning program shall address the
20school district's responsibility to ensure that all teachers
21and staff who may be involved in the provision of e-learning
22have access to any and all hardware and software that may be
23required for the program. If a proposed program does not
24address this responsibility, the school district must propose
25an alternate program.
26    (c) Before its adoption by a school board, the school

 

 

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1board must hold a public hearing on a school district's
2initial proposal for an e-learning program or for renewal of
3such a program, at a regular or special meeting of the school
4board, in which the terms of the proposal must be
5substantially presented and an opportunity for allowing public
6comments must be provided. Notice of such public hearing must
7be provided at least 10 days prior to the hearing by:
8        (1) publication in a newspaper of general circulation
9    in the school district;
10        (2) written or electronic notice designed to reach the
11    parents or guardians of all students enrolled in the
12    school district; and
13        (3) written or electronic notice designed to reach any
14    exclusive collective bargaining representatives of school
15    district employees and all those employees not in a
16    collective bargaining unit.
17    (d) The regional office of education or intermediate
18service center for the school district must timely verify that
19a proposal for an e-learning program has met the requirements
20specified in this Section and that the proposal contains
21provisions designed to reasonably and practicably accomplish
22the following:
23        (1) to ensure and verify at least 5 clock hours of
24    instruction or school work, as required under Section
25    10-19.05, for each student participating in an e-learning
26    day;

 

 

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1        (2) to ensure access from home or other appropriate
2    remote facility for all students participating, including
3    computers, the Internet, and other forms of electronic
4    communication that must be utilized in the proposed
5    program;
6        (2.5) to ensure that non-electronic materials are made
7    available to students participating in the program who do
8    not have access to the required technology or to
9    participating teachers or students who are prevented from
10    accessing the required technology;
11        (3) to ensure appropriate learning opportunities for
12    students with special needs;
13        (4) to monitor and verify each student's electronic
14    participation;
15        (5) to address the extent to which student
16    participation is within the student's control as to the
17    time, pace, and means of learning;
18        (6) to provide effective notice to students and their
19    parents or guardians of the use of particular days for
20    e-learning;
21        (7) to provide staff and students with adequate
22    training for e-learning days' participation;
23        (8) to ensure an opportunity for any collective
24    bargaining negotiations with representatives of the school
25    district's employees that would be legally required,
26    including all classifications of school district employees

 

 

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1    who are represented by collective bargaining agreements
2    and who would be affected in the event of an e-learning
3    day;
4        (9) to review and revise the program as implemented to
5    address difficulties confronted; and
6        (10) to ensure that the protocol regarding general
7    expectations and responsibilities of the program is
8    communicated to teachers, staff, and students at least 30
9    days prior to utilizing an e-learning day.
10    The school board's approval of a school district's initial
11e-learning program and renewal of the e-learning program shall
12be for a term of 3 years. Any e-learning program adopted or
13renewed before the effective date of this amendatory Act of
14the 102nd General Assembly may continue until the expiration
15of its term, at which time the school district shall implement
16remote learning days under Section 10-31 or Section 34-18.66a
17of this Code rather than an e-learning program under this
18Section.
19    (d-5) A school district shall pay to its contractors who
20provide educational support services to the district,
21including, but not limited to, custodial, transportation, or
22food service providers, their daily, regular rate of pay or
23billings rendered for any e-learning day that is used because
24a school was selected to be a polling place under Section
2511-4.1 of the Election Code, except that this requirement does
26not apply to contractors who are paid under contracts that are

 

 

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1entered into, amended, or renewed on or after March 15, 2022 or
2to contracts that otherwise address compensation for such
3e-learning days.
4    (e) The State Board of Education may adopt rules
5consistent with the provision of this Section.
6(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
7102-584, eff. 6-1-22.)
 
8    (105 ILCS 5/10-29)
9    Sec. 10-29. Remote educational programs.
10    (a) For purposes of this Section, "remote educational
11program" means an educational program delivered to students in
12the home or other location outside of a school building that
13meets all of the following criteria:
14        (1) A student may participate in the program only
15    after the school district, pursuant to adopted school
16    board policy, and a person authorized to enroll the
17    student under Section 10-20.12b of this Code determine
18    that a remote educational program will best serve the
19    student's individual learning needs. The adopted school
20    board policy shall include, but not be limited to, all of
21    the following:
22            (A) Criteria for determining that a remote
23        educational program will best serve a student's
24        individual learning needs. The criteria must include
25        consideration of, at a minimum, a student's prior

 

 

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1        attendance, disciplinary record, and academic history.
2            (B) Any limitations on the number of students or
3        grade levels that may participate in a remote
4        educational program.
5            (C) A description of the process that the school
6        district will use to approve participation in the
7        remote educational program. The process must include
8        without limitation a requirement that, for any student
9        who qualifies to receive services pursuant to the
10        federal Individuals with Disabilities Education
11        Improvement Act of 2004, the student's participation
12        in a remote educational program receive prior approval
13        from the student's individualized education program
14        team.
15            (D) A description of the process the school
16        district will use to develop and approve a written
17        remote educational plan that meets the requirements of
18        subdivision (5) of this subsection (a).
19            (E) A description of the system the school
20        district will establish to determine student
21        participation in instruction in accordance with the
22        remote educational program.
23            (F) A description of the process for renewing a
24        remote educational program at the expiration of its
25        term.
26            (G) Such other terms and provisions as the school

 

 

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1        district deems necessary to provide for the
2        establishment and delivery of a remote educational
3        program.
4        (2) The school district has determined that the remote
5    educational program's curriculum is aligned to State
6    learning standards and that the program offers instruction
7    and educational experiences consistent with those given to
8    students at the same grade level in the district.
9        (3) The remote educational program is delivered by
10    instructors that meet the following qualifications:
11            (A) they are certificated under Article 21 of this
12        Code;
13            (B) (blank); and
14            (C) they have responsibility for all of the
15        following elements of the program: planning
16        instruction, diagnosing learning needs, prescribing
17        content delivery through class activities, assessing
18        learning, reporting outcomes to administrators and
19        parents and guardians, and evaluating the effects of
20        instruction.
21        (4) During the period of time from and including the
22    opening date to the closing date of the regular school
23    term of the school district established pursuant to
24    Section 10-19 of this Code, participation in a remote
25    educational program may be claimed for evidence-based
26    funding purposes under Section 18-8.15 of this Code on any

 

 

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1    calendar day, notwithstanding whether the day is a day of
2    pupil attendance or institute day on the school district's
3    calendar or any other provision of law restricting
4    instruction on that day. If the district holds year-round
5    classes in some buildings, the district shall classify
6    each student's participation in a remote educational
7    program as either on a year-round or a non-year-round
8    schedule for purposes of claiming evidence-based funding.
9    Outside of the regular school term of the district, the
10    remote educational program may be offered as part of any
11    summer school program authorized by this Code.
12        (5) Each student participating in a remote educational
13    program must have a written remote educational plan that
14    has been approved by the school district and a person
15    authorized to enroll the student under Section 10-20.12b
16    of this Code. The school district and a person authorized
17    to enroll the student under Section 10-20.12b of this Code
18    must approve any amendment to a remote educational plan.
19    The remote educational plan must include, but is not
20    limited to, all of the following:
21            (A) Specific achievement goals for the student
22        aligned to State learning standards.
23            (B) A description of all assessments that will be
24        used to measure student progress, which description
25        shall indicate the assessments that will be
26        administered at an attendance center within the school

 

 

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1        district.
2            (C) A description of the progress reports that
3        will be provided to the school district and the person
4        or persons authorized to enroll the student under
5        Section 10-20.12b of this Code.
6            (D) Expectations, processes, and schedules for
7        interaction between a teacher and student.
8            (E) A description of the specific responsibilities
9        of the student's family and the school district with
10        respect to equipment, materials, phone and Internet
11        service, and any other requirements applicable to the
12        home or other location outside of a school building
13        necessary for the delivery of the remote educational
14        program.
15            (F) If applicable, a description of how the remote
16        educational program will be delivered in a manner
17        consistent with the student's individualized education
18        program required by Section 614(d) of the federal
19        Individuals with Disabilities Education Improvement
20        Act of 2004 or plan to ensure compliance with Section
21        504 of the federal Rehabilitation Act of 1973.
22            (G) A description of the procedures and
23        opportunities for participation in academic and
24        extracurricular activities and programs within the
25        school district.
26            (H) The identification of a parent, guardian, or

 

 

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1        other responsible adult who will provide direct
2        supervision of the program. The plan must include an
3        acknowledgment by the parent, guardian, or other
4        responsible adult that he or she may engage only in
5        non-teaching duties not requiring instructional
6        judgment or the evaluation of a student. The plan
7        shall designate the parent, guardian, or other
8        responsible adult as non-teaching personnel or
9        volunteer personnel under subsection (a) of Section
10        10-22.34 of this Code.
11            (I) The identification of a school district
12        administrator who will oversee the remote educational
13        program on behalf of the school district and who may be
14        contacted by the student's parents with respect to any
15        issues or concerns with the program.
16            (J) The term of the student's participation in the
17        remote educational program, which may not extend for
18        longer than 12 months, unless the term is renewed by
19        the district in accordance with subdivision (7) of
20        this subsection (a).
21            (K) A description of the specific location or
22        locations in which the program will be delivered. If
23        the remote educational program is to be delivered to a
24        student in any location other than the student's home,
25        the plan must include a written determination by the
26        school district that the location will provide a

 

 

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1        learning environment appropriate for the delivery of
2        the program. The location or locations in which the
3        program will be delivered shall be deemed a long
4        distance teaching reception area under subsection (a)
5        of Section 10-22.34 of this Code.
6            (L) Certification by the school district that the
7        plan meets all other requirements of this Section.
8        (6) Students participating in a remote educational
9    program must be enrolled in a school district attendance
10    center pursuant to the school district's enrollment policy
11    or policies. A student participating in a remote
12    educational program must be tested as part of all
13    assessments administered by the school district pursuant
14    to Section 2-3.64a-5 of this Code at the attendance center
15    in which the student is enrolled and in accordance with
16    the attendance center's assessment policies and schedule.
17    The student must be included within all accountability
18    determinations for the school district and attendance
19    center under State and federal law.
20        (7) The term of a student's participation in a remote
21    educational program may not extend for longer than 12
22    months, unless the term is renewed by the school district.
23    The district may only renew a student's participation in a
24    remote educational program following an evaluation of the
25    student's progress in the program, a determination that
26    the student's continuation in the program will best serve

 

 

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1    the student's individual learning needs, and an amendment
2    to the student's written remote educational plan
3    addressing any changes for the upcoming term of the
4    program.
5    For purposes of this Section, a remote educational program
6does not include instruction delivered to students through an
7e-learning program approved under Section 10-20.56, remote or
8blended remote learning under Section 10-30 or 34-18.66, or
9remote learning under Section 10-31 or 34-18.66a of this Code.
10    (b) A school district may, by resolution of its school
11board, establish a remote educational program.
12    (c) (Blank).
13    (d) The impact of remote educational programs on wages,
14hours, and terms and conditions of employment of educational
15employees within the school district shall be subject to local
16collective bargaining agreements.
17    (e) The use of a home or other location outside of a school
18building for a remote educational program shall not cause the
19home or other location to be deemed a public school facility.
20    (f) A remote educational program may be used, but is not
21required, for instruction delivered to a student in the home
22or other location outside of a school building that is not
23claimed for evidence-based funding purposes under Section
2418-8.15 of this Code.
25    (g) School districts that, pursuant to this Section, adopt
26a policy for a remote educational program must submit to the

 

 

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1State Board of Education a copy of the policy and any
2amendments thereto, as well as data on student participation
3in a format specified by the State Board of Education. The
4State Board of Education may perform or contract with an
5outside entity to perform an evaluation of remote educational
6programs in this State.
7    (h) The State Board of Education may adopt any rules
8necessary to ensure compliance by remote educational programs
9with the requirements of this Section and other applicable
10legal requirements.
11(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
12101-81, eff. 7-12-19.)
 
13    (105 ILCS 5/10-30)
14    Sec. 10-30. Remote and blended remote learning; public
15health emergency. This Section applies if the Governor has
16declared a disaster due to a public health emergency pursuant
17to Section 7 of the Illinois Emergency Management Agency Act.
18        (1) If the Governor has declared a disaster due to a
19    public health emergency pursuant to Section 7 of the
20    Illinois Emergency Management Agency Act, the State
21    Superintendent of Education may declare a requirement to
22    use remote learning days or blended remote learning days
23    for a school district, multiple school districts, a
24    region, or the entire State. During remote learning days,
25    schools shall conduct instruction remotely. During blended

 

 

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1    remote learning days, schools may utilize hybrid models of
2    in-person and remote instruction. Once declared, remote
3    learning days or blended remote learning days shall be
4    implemented in grades pre-kindergarten through 12 as days
5    of attendance and shall be deemed pupil attendance days
6    for calculation of the length of a school term under
7    Section 10-19.
8        (2) For purposes of this Section, a remote learning
9    day or blended remote learning day may be met through a
10    district's implementation of an e-learning program under
11    Section 10-20.56 or remote learning under Section 10-31.
12        (3) For any district that does not implement an
13    e-learning program under Section 10-20.56 or remote
14    learning under Section 10-31, the district shall adopt a
15    remote and blended remote learning day plan approved by
16    the district superintendent. Each district may utilize
17    remote and blended remote learning planning days,
18    consecutively or in separate increments, to develop,
19    review, or amend its remote and blended remote learning
20    day plan or provide professional development to staff
21    regarding remote education. Up to 5 remote and blended
22    remote learning planning days may be deemed pupil
23    attendance days for calculation of the length of a school
24    term under Section 10-19.
25        (4) Each remote and blended remote learning day plan
26    shall address the following:

 

 

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1            (i) accessibility of the remote instruction to all
2        students enrolled in the district;
3            (ii) if applicable, a requirement that the remote
4        learning day and blended remote learning day
5        activities reflect State learning standards;
6            (iii) a means for students to confer with an
7        educator, as necessary;
8            (iv) the unique needs of students in special
9        populations, including, but not limited to, students
10        eligible for special education under Article 14,
11        students who are English learners as defined in
12        Section 14C-2, and students experiencing homelessness
13        under the Education for Homeless Children Act, or
14        vulnerable student populations;
15            (v) how the district will take attendance and
16        monitor and verify each student's remote
17        participation; and
18            (vi) transitions from remote learning to on-site
19        learning upon the State Superintendent's declaration
20        that remote learning days or blended remote learning
21        days are no longer deemed necessary.
22        (5) The district superintendent shall periodically
23    review and amend the district's remote and blended remote
24    learning day plan, as needed, to ensure the plan meets the
25    needs of all students.
26        (6) Each remote and blended remote learning day plan

 

 

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1    shall be posted on the district's Internet website where
2    other policies, rules, and standards of conduct are posted
3    and shall be provided to students and faculty.
4        (7) This Section does not create any additional
5    employee bargaining rights and does not remove any
6    employee bargaining rights.
7        (8) Statutory and regulatory curricular mandates and
8    offerings may be administered via a district's remote and
9    blended remote learning day plan, except that a district
10    may not offer individual behind-the-wheel instruction
11    required by Section 27-24.2 via a district's remote and
12    blended remote learning day plan. This Section does not
13    relieve schools and districts from completing all
14    statutory and regulatory curricular mandates and
15    offerings.
16(Source: P.A. 101-643, eff. 6-18-20.)
 
17    (105 ILCS 5/10-31 new)
18    Sec. 10-31. Remote learning.
19    (a) A school district may utilize a remote learning day
20meeting the requirements of this Section instead of an
21emergency day provided for in the school calendar. However,
22the number of remote learning days used in a school year under
23this Section may not exceed the number of emergency days
24provided for in the school calendar. A remote learning day
25under this Section shall be deemed a pupil attendance day for

 

 

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1calculation of the length of the school term under Section
210-19.
3    (b) The district superintendent must approve a remote
4learning plan for the district before the district may utilize
5a remote learning day under this Section. The remote learning
6plan must address all of the following:
7        (1) The accessibility of remote instruction, including
8    non-electronic materials, to all students enrolled in the
9    district.
10        (2) The requirement that remote learning day
11    activities reflect State learning standards, if
12    applicable.
13        (3) A means for a student to confer with an educator,
14    as necessary.
15        (4) The unique needs of a student in a special
16    population, including, but not limited to, a student
17    eligible for special education services under Article 14,
18    a student who is an English learner, as defined in Section
19    14C-2, or a student who is a homeless person, child, or
20    youth, as defined in the Education for Homeless Children
21    Act, or other vulnerable student population.
22        (5) How the district will take attendance and monitor
23    and verify each student's remote participation.
24        (6) An assurance of at least 5 clock hours of school
25    work, as required under Section 10-19.05, for each student
26    participating in the remote learning day.

 

 

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1    Approval of a remote learning plan by the district
2superintendent shall be for an initial term of 3 years. Every 3
3years thereafter, the district superintendent shall review the
4plan and make any necessary changes. During the 3-year term of
5a remote learning plan, the district superintendent may
6periodically review and amend the plan as needed to ensure
7that the plan meets the needs of all students and faculty.
8    The remote learning plan must be posted on the district's
9Internet website where other policies, rules, and standards of
10conduct are posted and must be provided to students and
11faculty. Any changes to the remote learning plan must be
12posted on the district's Internet website.
13    (c) The district must provide effective notice to students
14and their parents or guardians of the use of a particular day
15as a remote learning day.
16    (d) The district must provide students and faculty with
17adequate training on how to participate in a remote learning
18day.
19    (e) The district shall ensure an opportunity for any
20collective bargaining negotiations with representatives of the
21district's employees that would be legally required, including
22all classifications of district employees who are represented
23by a collective bargaining agreement and who would be affected
24in the event a remote learning day is used.
25    (f) Statutory and regulatory curricular mandates and
26offerings may be administered via remote learning under the

 

 

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1remote learning plan. This Section does not relieve a school
2or district from completing all statutory and regulatory
3curricular mandates and offerings.
4    (g) A remote learning day may utilize the Internet,
5telephones, texts, chat rooms, or other similar means of
6electronic communication for instruction and interaction
7between educators and students if such utilization meets the
8needs of all learners.
9    (h) A school district shall pay to its employees who
10provide educational support services to the district,
11including, but not limited to, custodial staff, transportation
12staff, food service providers, classroom assistants, or
13administrative staff, their daily, regular rate of pay and
14benefits rendered for any remote learning day if the remote
15learning day precludes them from performing their regularly
16scheduled duties and they would have reported for work but for
17the remote learning day. This requirement does not apply if
18the day is rescheduled and the employees will be paid their
19daily, regular rate of pay and benefits on the rescheduled day
20when services are rendered.
21    (i) A school district shall make full payment that would
22have otherwise been paid to its contractors who provide
23educational support services to the district, including, but
24not limited to, custodial staff, transportation staff, food
25service providers, classroom assistants, or administrative
26staff, of their daily, regular rate of pay and benefits

 

 

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1rendered for any remote learning day if the remote learning
2day precludes them from performing their regularly scheduled
3duties and they would have reported for work but for the remote
4learning day. The employees who provide the support services
5covered by such contracts shall be paid their daily bid
6package rates and benefits as defined by their local operating
7agreements or collective bargaining agreements. The
8requirements of this subsection do not apply if the day is
9rescheduled and the employees or contractors will be paid
10their daily, regular rate of pay and benefits or contracted
11rate on the rescheduled day when services are rendered.
12    (j) The State Board of Education may adopt rules
13consistent with the provisions of this Section that are
14necessary to implement this Section.
 
15    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
16    Sec. 18-12. Dates for filing State aid claims. The school
17board of each school district, a regional office of education,
18a laboratory school, or a State-authorized charter school
19shall require teachers, principals, or superintendents to
20furnish from records kept by them such data as it needs in
21preparing and certifying to the State Superintendent of
22Education its report of claims provided in Section 18-8.05 or
2318-8.15 of this Code. The claim shall be based on the latest
24available equalized assessed valuation and tax rates, as
25provided in Section 18-8.05 or 18-8.15, shall use the average

 

 

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1daily attendance as determined by the method outlined in
2Section 18-8.05 or 18-8.15, and shall be certified and filed
3with the State Superintendent of Education by June 21 for
4districts and State-authorized charter schools with an
5official school calendar end date before June 15 or within 2
6weeks following the official school calendar end date for
7districts, regional offices of education, laboratory schools,
8or State-authorized charter schools with a school year end
9date of June 15 or later. Failure to so file by these deadlines
10constitutes a forfeiture of the right to receive payment by
11the State until such claim is filed. The State Superintendent
12of Education shall voucher for payment those claims to the
13State Comptroller as provided in Section 18-11.
14    Except as otherwise provided in this Section, if any
15school district fails to provide the minimum school term
16specified in Section 10-19, the State aid claim for that year
17shall be reduced by the State Superintendent of Education in
18an amount equivalent to 1/176 or .56818% for each day less than
19the number of days required by this Code.
20    If the State Superintendent of Education determines that
21the failure to provide the minimum school term was occasioned
22by an act or acts of God, or was occasioned by conditions
23beyond the control of the school district which posed a
24hazardous threat to the health and safety of pupils, the State
25aid claim need not be reduced.
26    If a school district is precluded from providing the

 

 

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1minimum hours of instruction required for a full day of
2attendance due to (A) an adverse weather condition, (B) a
3condition beyond the control of the school district that poses
4a hazardous threat to the health and safety of students, or (C)
5beginning with the 2016-2017 school year, the utilization of
6the school district's facilities for not more than 2 school
7days per school year by local or county authorities for the
8purpose of holding a memorial or funeral services in
9remembrance of a community member, then the partial day of
10attendance may be counted if (i) the school district has
11provided at least one hour of instruction prior to the closure
12of the school district, (ii) a school building has provided at
13least one hour of instruction prior to the closure of the
14school building, or (iii) the normal start time of the school
15district is delayed.
16    If, prior to providing any instruction, a school district
17must close one or more but not all school buildings after
18consultation with a local emergency response agency or due to
19a condition beyond the control of the school district, then
20the school district may claim attendance for up to 2 school
21days based on the average attendance of the 3 school days
22immediately preceding the closure of the affected school
23building or, if approved by the State Board of Education,
24utilize the provisions of an e-learning program for the
25affected school building as prescribed in Section 10-20.56, a
26remote and blended remote learning day plan under Section

 

 

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110-30 or 34-18.66, or a remote learning plan under Section
210-31 or 34-18.66a of this Code. The partial or no day of
3attendance described in this Section and the reasons therefore
4shall be certified within a month of the closing or delayed
5start by the school district superintendent to the regional
6superintendent of schools for forwarding to the State
7Superintendent of Education for approval.
8    Other than the utilization of any e-learning days as
9prescribed in Section 10-20.56, a remote or blended remote
10learning day under Section 10-30 or 34-18.66, or a remote
11learning day under Section 10-31 or 34-18.66a of this Code, no
12exception to the requirement of providing a minimum school
13term may be approved by the State Superintendent of Education
14pursuant to this Section unless a school district has first
15used all emergency days provided for in its regular calendar.
16    If the State Superintendent of Education declares that an
17energy shortage exists during any part of the school year for
18the State or a designated portion of the State, a district may
19operate the school attendance centers within the district 4
20days of the week during the time of the shortage by extending
21each existing school day by one clock hour of school work, and
22the State aid claim shall not be reduced, nor shall the
23employees of that district suffer any reduction in salary or
24benefits as a result thereof. A district may operate all
25attendance centers on this revised schedule, or may apply the
26schedule to selected attendance centers, taking into

 

 

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1consideration such factors as pupil transportation schedules
2and patterns and sources of energy for individual attendance
3centers.
4    Electronically submitted State aid claims shall be
5submitted by duly authorized district individuals over a
6secure network that is password protected. The electronic
7submission of a State aid claim must be accompanied with an
8affirmation that all of the provisions of Section 18-8.05 or
918-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
10all respects.
11(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
12100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
138-14-18.)
 
14    (105 ILCS 5/34-18.66)
15    Sec. 34-18.66. Remote and blended remote learning; public
16health emergency. This Section applies if the Governor has
17declared a disaster due to a public health emergency pursuant
18to Section 7 of the Illinois Emergency Management Agency Act.
19        (1) If the Governor has declared a disaster due to a
20    public health emergency pursuant to Section 7 of the
21    Illinois Emergency Management Agency Act, the State
22    Superintendent of Education may declare a requirement to
23    use remote learning days or blended remote learning days
24    for the school district, multiple school districts, a
25    region, or the entire State. During remote learning days,

 

 

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1    schools shall conduct instruction remotely. During blended
2    remote learning days, schools may utilize hybrid models of
3    in-person and remote instruction. Once declared, remote
4    learning days or blended remote learning days shall be
5    implemented in grades pre-kindergarten through 12 as days
6    of attendance and shall be deemed pupil attendance days
7    for calculation of the length of a school term under
8    Section 10-19.
9        (2) For purposes of this Section, a remote learning
10    day or blended remote learning day may be met through the
11    district's implementation of an e-learning program under
12    Section 10-20.56 or remote learning under Section
13    34-18.66a.
14        (3) If the district does not implement an e-learning
15    program under Section 10-20.56 or remote learning under
16    Section 34-18.66a, the district shall adopt a remote and
17    blended remote learning day plan approved by the general
18    superintendent of schools. The district may utilize remote
19    and blended remote learning planning days, consecutively
20    or in separate increments, to develop, review, or amend
21    its remote and blended remote learning day plan or provide
22    professional development to staff regarding remote
23    education. Up to 5 remote and blended remote learning
24    planning days may be deemed pupil attendance days for
25    calculation of the length of a school term under Section
26    10-19.

 

 

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1        (4) Each remote and blended remote learning day plan
2    shall address the following:
3            (i) accessibility of the remote instruction to all
4        students enrolled in the district;
5            (ii) if applicable, a requirement that the remote
6        learning day and blended remote learning day
7        activities reflect State learning standards;
8            (iii) a means for students to confer with an
9        educator, as necessary;
10            (iv) the unique needs of students in special
11        populations, including, but not limited to, students
12        eligible for special education under Article 14,
13        students who are English learners as defined in
14        Section 14C-2, and students experiencing homelessness
15        under the Education for Homeless Children Act, or
16        vulnerable student populations;
17            (v) how the district will take attendance and
18        monitor and verify each student's remote
19        participation; and
20            (vi) transitions from remote learning to on-site
21        learning upon the State Superintendent's declaration
22        that remote learning days or blended remote learning
23        days are no longer deemed necessary.
24        (5) The general superintendent of schools shall
25    periodically review and amend the district's remote and
26    blended remote learning day plan, as needed, to ensure the

 

 

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1    plan meets the needs of all students.
2        (6) Each remote and blended remote learning day plan
3    shall be posted on the district's Internet website where
4    other policies, rules, and standards of conduct are posted
5    and shall be provided to students and faculty.
6        (7) This Section does not create any additional
7    employee bargaining rights and does not remove any
8    employee bargaining rights.
9        (8) Statutory and regulatory curricular mandates and
10    offerings may be administered via the district's remote
11    and blended remote learning day plan, except that the
12    district may not offer individual behind-the-wheel
13    instruction required by Section 27-24.2 via the district's
14    remote and blended remote learning day plan. This Section
15    does not relieve schools and the district from completing
16    all statutory and regulatory curricular mandates and
17    offerings.
18(Source: P.A. 101-643, eff. 6-18-20.)
 
19    (105 ILCS 5/34-18.66a new)
20    Sec. 34-18.66a. Remote learning.
21    (a) The school district may utilize a remote learning day
22meeting the requirements of this Section instead of an
23emergency day provided for in the school calendar. However,
24the number of remote learning days used in a school year under
25this Section may not exceed the number of emergency days

 

 

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1provided for in the school calendar. A remote learning day
2under this Section shall be deemed a pupil attendance day for
3calculation of the length of the school term under Section
410-19.
5    (b) The general superintendent of schools must approve a
6remote learning plan for the district before the district may
7utilize a remote learning day under this Section. The remote
8learning plan must address all of the following:
9        (1) The accessibility of remote instruction, including
10    non-electronic materials, to all students enrolled in the
11    district.
12        (2) The requirement that remote learning day
13    activities reflect State learning standards, if
14    applicable.
15        (3) A means for a student to confer with an educator,
16    as necessary.
17        (4) The unique needs of a student in a special
18    population, including, but not limited to, a student
19    eligible for special education services under Article 14,
20    a student who is an English learner, as defined in Section
21    14C-2, or a student who is a homeless person, child, or
22    youth, as defined in the Education for Homeless Children
23    Act, or other vulnerable student population.
24        (5) How the district will take attendance and monitor
25    and verify each student's remote participation.
26        (6) An assurance of at least 5 clock hours of school

 

 

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1    work, as required under Section 10-19.05, for each student
2    participating in the remote learning day.
3    Approval of a remote learning plan by the general
4superintendent of schools shall be for an initial term of 3
5years. Every 3 years thereafter, the general superintendent of
6schools shall review the plan and make any necessary changes.
7During the 3-year term of a remote learning plan, the general
8superintendent of schools may periodically review and amend
9the plan as needed to ensure that the plan meets the needs of
10all students and faculty.
11    The remote learning plan must be posted on the district's
12Internet website where other policies, rules, and standards of
13conduct are posted and must be provided to students and
14faculty. Any changes to the remote learning plan must be
15posted on the district's Internet website.
16    (c) The district must provide effective notice to students
17and their parents or guardians of the use of a particular day
18as a remote learning day.
19    (d) The district must provide students and faculty with
20adequate training on how to participate in a remote learning
21day.
22    (e) The district shall ensure an opportunity for any
23collective bargaining negotiations with representatives of the
24district's employees that would be legally required, including
25all classifications of district employees who are represented
26by a collective bargaining agreement and who would be affected

 

 

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1in the event a remote learning day is used.
2    (f) Statutory and regulatory curricular mandates and
3offerings may be administered via remote learning under the
4remote learning plan. This Section does not relieve a school
5or the district from completing all statutory and regulatory
6curricular mandates and offerings.
7    (g) A remote learning day may utilize the Internet,
8telephones, texts, chat rooms, or other similar means of
9electronic communication for instruction and interaction
10between educators and students if such utilization meets the
11needs of all learners.
12    (h) The school district shall pay to its employees who
13provide educational support services to the district,
14including, but not limited to, custodial staff, transportation
15staff, food service providers, classroom assistants, or
16administrative staff, their daily, regular rate of pay and
17benefits rendered for any remote learning day if the remote
18learning day precludes them from performing their regularly
19scheduled duties and they would have reported for work but for
20the remote learning day. This requirement does not apply if
21the day is rescheduled and the employees will be paid their
22daily, regular rate of pay and benefits on the rescheduled day
23when services are rendered.
24    (i) The school district shall make full payment that would
25have otherwise been paid to its contractors who provide
26educational support services to the district, including, but

 

 

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1not limited to, custodial staff, transportation staff, food
2service providers, classroom assistants, or administrative
3staff, of their daily, regular rate of pay and benefits
4rendered for any remote learning day if the remote learning
5day precludes them from performing their regularly scheduled
6duties and they would have reported for work but for the remote
7learning day. The employees who provide the support services
8covered by such contracts shall be paid their daily bid
9package rates and benefits as defined by their local operating
10agreements or collective bargaining agreements. The
11requirements of this subsection do not apply if the day is
12rescheduled and the employees or contractors will be paid
13their daily, regular rate of pay and benefits or contracted
14rate on the rescheduled day when services are rendered.
15    (j) The State Board of Education may adopt rules
16consistent with the provisions of this Section that are
17necessary to implement this Section.
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22022.".