Public Act 101-0183
 
HB2087 EnrolledLRB101 07258 AXK 52297 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 Sections 
27-24.1 and 27-24.2 as follows:
 



    (105 ILCS 5/27-24.1)  (from Ch. 122, par. 27-24.1)



    Sec. 27-24.1. Definitions. As used in the Driver Education 
Act unless the context otherwise
requires:

    "State Board" means the State Board of Education;

    "Driver education course" and "course" means a course of 
instruction
in the use and operation of cars, including 
instruction in the safe
operation of cars and rules of the road 
and the laws of this State
relating to motor vehicles, which 
meets the minimum requirements of this
Act and the rules and 
regulations issued thereunder by the
State Board and has been 
approved by the State
Board as meeting
such requirements;

    "Car" means a motor vehicle of the first Division as 
defined in The
Illinois Vehicle Code;

    "Motorcycle" or "motor driven cycle" means such a vehicle 
as defined
in The Illinois Vehicle Code;

    "Driver's license" means any license or permit issued by 
the
Secretary of State under Chapter 6 of The Illinois Vehicle 
Code.

    "Distance learning program" means a  program of study in 
which all participating teachers and students do not physically 
meet in the classroom and instead use the Internet, email, or 
any other method other than the classroom to provide 
instruction. 
    With reference to persons, the singular number includes the 
plural
and vice versa, and the masculine gender includes the 
feminine.

(Source: P.A. 81-1508.)

 
    (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. A school district's decision to allow a student to 
take a portion of the driver education course through a 
distance learning program must be determined on a case-by-case 
basis and must be approved by the school's administration, 
including the student's driver education teacher, and the 
student's parent or guardian. Under no circumstances may the 
student take the entire driver education course through a 
distance learning program. Both the classroom instruction part 
and the practice driving
part of a 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.
    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.