SB4066 104TH GENERAL ASSEMBLY

LRB104 17087 LNS 30504 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4066

Introduced 2/24/2026, by Sen. Willie Preston

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-815	was 105 ILCS 5/27-24.2
105 ILCS 5/27-820	was 105 ILCS 5/27-24.2a

Amends the Driver Education Act of the School Code. Provides that driver education course instruction shall demonstrate the proper actions to be taken during a law enforcement traffic stop by drivers and passengers (instead of just the proper actions to be taken during a law enforcement traffic stop). Provides that, beginning with the 2027-2028 school year, the traffic stop instruction shall include the constitutional rights of drivers and passengers during a traffic stop, including, but not limited to, the right to remain silent, the right to refuse consent to a vehicle search unless law enforcement has lawful cause, the right to respectfully ask if one is free to leave, and the right to refuse to answer questions regarding immigration status, citizenship, or national origin, which instruction may be offered in a culturally responsive manner that reflects and affirms the diverse backgrounds, experiences, and needs of students in order to enhance understanding and support safe, informed interactions during traffic stops.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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 27-815 and 27-820 as follows:

(105 ILCS 5/27-815) (was 105 ILCS 5/27-24.2)

Sec. 27-815. 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, including worker safety in 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 by drivers and passengers and appropriate interactions with law enforcement and, beginning with the 2027-2028 school year, instruction on the constitutional rights of drivers and passengers during a traffic stop, including, but not limited to, the right to remain silent, the right to refuse consent to a vehicle search unless law enforcement has lawful cause, the right to respectfully ask if one is free to leave, and the right to refuse to answer questions regarding immigration status, citizenship, or national origin, which instruction may be offered in a culturally responsive manner that reflects and affirms the diverse backgrounds, experiences, and needs of students in order to enhance understanding and support safe, informed interactions during traffic stops. 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 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. 103-944, eff. 8-9-24; 104-391, eff. 8-15-25.)

(105 ILCS 5/27-820) (was 105 ILCS 5/27-24.2a)

Sec. 27-820. Non-public school driver education course. Beginning with the 2017-2018 school year, any non-public school's driver education course shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop by drivers and passengers and appropriate interactions with law enforcement and, beginning with the 2027-2028 school year, instruction on the constitutional rights of drivers and passengers during a traffic stop, including, but not limited to, the right to remain silent, the right to refuse consent to a vehicle search unless law enforcement has lawful cause, the right to respectfully ask if one is free to leave, and the right to refuse to answer questions regarding immigration status, citizenship, or national origin, which instruction may be offered in a culturally responsive manner that reflects and affirms the diverse backgrounds, experiences, and needs of students in order to enhance understanding and support safe, informed interactions during traffic stops.

(Source: P.A. 104-391, eff. 8-15-25.)