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Public Act 101-0450


 

Public Act 0450 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0450
 
HB0247 EnrolledLRB101 04957 AXK 49966 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
27-24.2 as follows:
 
    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
    Sec. 27-24.2. Safety education; driver education course.
Instruction shall be given in safety education in each of
grades one through 8, equivalent to one class period each week,
and any school district which maintains grades 9 through 12
shall offer a driver education course in any such school which
it operates. Its curriculum shall include content dealing with
Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
the rules adopted pursuant to those Chapters insofar as they
pertain to the operation of motor vehicles, and the portions of
the Litter Control Act relating to the operation of motor
vehicles. The course of instruction given in grades 10 through
12 shall include an emphasis on the development of knowledge,
attitudes, habits, and skills necessary for the safe operation
of motor vehicles, including motorcycles insofar as they can be
taught in the classroom, and instruction on distracted driving
as a major traffic safety issue. In addition, the course shall
include instruction on special hazards existing at and required
safety and driving precautions that must be observed at
emergency situations, highway construction and maintenance
zones, and railroad crossings and the approaches thereto.
Beginning with the 2017-2018 school year, the course shall also
include instruction concerning law enforcement procedures for
traffic stops, including a demonstration of the proper actions
to be taken during a traffic stop and appropriate interactions
with law enforcement. The course of instruction required of
each eligible student at the high school level shall consist of
a minimum of 30 clock hours of classroom instruction and a
minimum of 6 clock hours of individual behind-the-wheel
instruction in a dual control car on public roadways taught by
a driver education instructor endorsed by the State Board of
Education. Both the classroom instruction part and the practice
driving part of such driver education course shall be open to a
resident or non-resident student attending a non-public school
in the district wherein the course is offered. Each student
attending any public or non-public high school in the district
must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education
course, or the student shall not be permitted to enroll in the
course; provided that the local superintendent of schools (with
respect to a student attending a public high school in the
district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may
waive the requirement if the superintendent or chief school
administrator, as the case may be, deems it to be in the best
interest of the student. A student may be allowed to commence
the classroom instruction part of such driver education course
prior to reaching age 15 if such student then will be eligible
to complete the entire course within 12 months after being
allowed to commence such classroom instruction.
    A school district may offer a driver education course in a
school by contracting with a commercial driver training school
to provide both the classroom instruction part and the practice
driving part or either one without having to request a
modification or waiver of administrative rules of the State
Board of Education if the school district approves the action
during a public hearing on whether to enter into a contract
with a commercial driver training school. The public hearing
shall be held at a regular or special school board meeting
prior to entering into such a contract. If a school district
chooses to approve a contract with a commercial driver training
school, then the district must provide evidence to the State
Board of Education that the commercial driver training school
with which it will contract holds a license issued by the
Secretary of State under Article IV of Chapter 6 of the
Illinois Vehicle Code and that each instructor employed by the
commercial driver training school to provide instruction to
students served by the school district holds a valid teaching
license issued under the requirements of this Code and rules of
the State Board of Education. Such evidence must include, but
need not be limited to, a list of each instructor assigned to
teach students served by the school district, which list shall
include the instructor's name, personal identification number
as required by the State Board of Education, birth date, and
driver's license number. Once the contract is entered into, the
school district shall notify the State Board of Education of
any changes in the personnel providing instruction either (i)
within 15 calendar days after an instructor leaves the program
or (ii) before a new instructor is hired. Such notification
shall include the instructor's name, personal identification
number as required by the State Board of Education, birth date,
and driver's license number. If the school district maintains
an Internet website, then the district shall post a copy of the
final contract between the district and the commercial driver
training school on the district's Internet website. If no
Internet website exists, then the school district shall make
available the contract upon request. A record of all materials
in relation to the contract must be maintained by the school
district and made available to parents and guardians upon
request. The instructor's date of birth and driver's license
number and any other personally identifying information as
deemed by the federal Driver's Privacy Protection Act of 1994
must be redacted from any public materials.
    Such a course may be commenced immediately after the
completion of a prior course. Teachers of such courses shall
meet the licensure requirements of this Code and regulations of
the State Board as to qualifications. Except for a contract
with a Certified Driver Rehabilitation Specialist, a school
district that contracts with a third party to teach a driver
education course under this Section must ensure the teacher
meets the educator licensure and endorsement requirements
under Article 21B and must follow the same evaluation and
observation requirements that apply to non-tenured teachers
under Article 24A. The teacher evaluation must be conducted by
a school administrator employed by the school district and must
be submitted annually to the district superintendent and all
school board members for oversight purposes.
    Subject to rules of the State Board of Education, the
school district may charge a reasonable fee, not to exceed $50,
to students who participate in the course, unless a student is
unable to pay for such a course, in which event the fee for
such a student must be waived. However, the district may
increase this fee to an amount not to exceed $250 by school
board resolution following a public hearing on the increase,
which increased fee must be waived for students who participate
in the course and are unable to pay for the course. The total
amount from driver education fees and reimbursement from the
State for driver education must not exceed the total cost of
the driver education program in any year and must be deposited
into the school district's driver education fund as a separate
line item budget entry. All moneys deposited into the school
district's driver education fund must be used solely for the
funding of a high school driver education program approved by
the State Board of Education that uses driver education
instructors endorsed by the State Board of Education.
(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17;
100-465, eff. 8-31-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019