98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3310

 

Introduced 2/14/2014, by Sen. Jennifer Bertino-Tarrant

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.149
105 ILCS 5/10-20.36
105 ILCS 5/10-22.39
105 ILCS 145/25
210 ILCS 74/15
625 ILCS 5/6-106.1

    Amends the School Code, the Care of Students with Diabetes Act, the Physical Fitness Facility Medical Emergency Preparedness Act, and the Illinois Vehicle Code. With respect to school personnel training on (i) food allergies, (ii) the use of psychotropic and psychostimulant medications, (iii) youth who are parents, expectant parents, or victims of domestic or sexual violence, (iv) educator ethics, teacher-student conduct, and school employee-student conduct, and (v) diabetes care, training is required only upon employment of a person, the renewal of a person's license, or a change to a person's job duties that would require this training; makes related changes. With respect to AED-trained public school personnel, provides that the training is required only upon employment of a person, the renewal of a person's license, or a change to a person's job duties that would require this training. With respect to a school bus driver permit, provides that the refresher course in school bus driver safety must be taken upon renewal of the permit (instead of annually). Effective July 1, 2014.


LRB098 19903 NHT 55122 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3310LRB098 19903 NHT 55122 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.149, 10-20.36, and 10-22.39 as follows:
 
6    (105 ILCS 5/2-3.149)
7    Sec. 2-3.149. Food allergy guidelines.
8    (a) Not later than July 1, 2010, the State Board of
9Education, in conjunction with the Department of Public Health,
10shall develop and make available to each school board
11guidelines for the management of students with
12life-threatening food allergies. The State Board of Education
13and the Department of Public Health shall establish an ad hoc
14committee to develop the guidelines. The committee shall
15include experts in the field of food allergens, representatives
16on behalf of students with food allergies, representatives from
17the several public school management organizations, which
18shall include school administrators, principals, and school
19board members, and representatives from 2 statewide
20professional teachers' organizations. The guidelines shall
21include, but need not be limited to, the following:
22        (1) education and training for school personnel who
23    interact with students with life-threatening food

 

 

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1    allergies, such as school and school district
2    administrators, teachers, school advisors and counselors,
3    school health personnel, and school nurses, on the
4    management of students with life-threatening food
5    allergies, including training related to the
6    administration of medication with an auto-injector; this
7    training is required only upon employment of a person, the
8    renewal of a person's license, or a change to a person's
9    job duties that would require this training;
10        (2) procedures for responding to life-threatening
11    allergic reactions to food;
12        (3) a process for the implementation of individualized
13    health care and food allergy action plans for every student
14    with a life-threatening food allergy; and
15        (4) protocols to prevent exposure to food allergens.
16    (b) Not later than January 1, 2011, each school board shall
17implement a policy based on the guidelines developed pursuant
18to subsection (a) of this Section for the management of
19students with life-threatening food allergies enrolled in the
20schools under its jurisdiction. Nothing in this subsection (b)
21is intended to invalidate school district policies that were
22implemented before the development of guidelines pursuant to
23subsection (a) of this Section as long as such policies are
24consistent with the guidelines developed pursuant to
25subsection (a) of this Section.
26(Source: P.A. 96-349, eff. 8-13-09; 96-1000, eff. 7-2-10.)
 

 

 

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1    (105 ILCS 5/10-20.36)
2    Sec. 10-20.36. Psychotropic or psychostimulant medication;
3disciplinary action.
4    (a) In this Section:
5    "Psychostimulant medication" means medication that
6produces increased levels of mental and physical energy and
7alertness and an elevated mood by stimulating the central
8nervous system.
9    "Psychotropic medication" means psychotropic medication as
10defined in Section 1-121.1 of the Mental Health and
11Developmental Disabilities Code.
12    (b) Each school board must adopt and implement a policy
13that prohibits any disciplinary action that is based totally or
14in part on the refusal of a student's parent or guardian to
15administer or consent to the administration of psychotropic or
16psychostimulant medication to the student.
17    The policy must require that, at least once every 2 years,
18the in-service training of certified school personnel and
19administrators include training on current best practices
20regarding the identification and treatment of attention
21deficit disorder and attention deficit hyperactivity disorder,
22the application of non-aversive behavioral interventions in
23the school environment, and the use of psychotropic or
24psychostimulant medication for school-age children. This
25training is required only upon employment of a person, the

 

 

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1renewal of a person's license, or a change to a person's job
2duties that would require this training.
3    (c) This Section does not prohibit school medical staff, an
4individualized educational program team, or a professional
5worker (as defined in Section 14-1.10 of this Code) from
6recommending that a student be evaluated by an appropriate
7medical practitioner or prohibit school personnel from
8consulting with the practitioner with the consent of the
9student's parents or guardian.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (105 ILCS 5/10-22.39)
12    Sec. 10-22.39. In-service training programs.
13    (a) To conduct in-service training programs for teachers.
14    (b) In addition to other topics at in-service training
15programs, school guidance counselors, teachers, school social
16workers, and other school personnel who work with pupils in
17grades 7 through 12 shall be trained to identify the warning
18signs of mental illness and suicidal behavior in adolescents
19and teens and shall be taught appropriate intervention and
20referral techniques.
21    (c) School guidance counselors, nurses, teachers and other
22school personnel who work with pupils may be trained to have a
23basic knowledge of matters relating to acquired
24immunodeficiency syndrome (AIDS), including the nature of the
25disease, its causes and effects, the means of detecting it and

 

 

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1preventing its transmission, and the availability of
2appropriate sources of counseling and referral, and any other
3information that may be appropriate considering the age and
4grade level of such pupils. The School Board shall supervise
5such training. The State Board of Education and the Department
6of Public Health shall jointly develop standards for such
7training.
8    (d) In this subsection (d):
9    "Domestic violence" means abuse by a family or household
10member, as "abuse" and "family or household members" are
11defined in Section 103 of the Illinois Domestic Violence Act of
121986.
13    "Sexual violence" means sexual assault, abuse, or stalking
14of an adult or minor child proscribed in the Criminal Code of
151961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30,
1611-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12,
1712-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual
18violence committed by perpetrators who are strangers to the
19victim and sexual violence committed by perpetrators who are
20known or related by blood or marriage to the victim.
21    An At least once every 2 years, an in-service training
22program for school personnel who work with pupils, including,
23but not limited to, school and school district administrators,
24teachers, school guidance counselors, school social workers,
25school counselors, school psychologists, and school nurses,
26must be conducted by persons with expertise in domestic and

 

 

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1sexual violence and the needs of expectant and parenting youth
2and shall include training concerning (i) communicating with
3and listening to youth victims of domestic or sexual violence
4and expectant and parenting youth, (ii) connecting youth
5victims of domestic or sexual violence and expectant and
6parenting youth to appropriate in-school services and other
7agencies, programs, and services as needed, and (iii)
8implementing the school district's policies, procedures, and
9protocols with regard to such youth, including
10confidentiality. At a minimum, school personnel must be trained
11to understand, provide information and referrals, and address
12issues pertaining to youth who are parents, expectant parents,
13or victims of domestic or sexual violence. This training is
14required only upon employment of a person, the renewal of a
15person's license, or a change to a person's job duties that
16would require this training.
17    (e) An At least every 2 years, an in-service training
18program for school personnel who work with pupils must be
19conducted by persons with expertise in anaphylactic reactions
20and management. This training is required only upon employment
21of a person, the renewal of a person's license, or a change to
22a person's job duties that would require this training.
23    (f) A At least once every 2 years, a school board shall
24conduct in-service training on educator ethics,
25teacher-student conduct, and school employee-student conduct
26for all personnel. This training is required only upon

 

 

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1employment of a person, the renewal of a person's license, or a
2change to a person's job duties that would require this
3training.
4(Source: P.A. 97-1150, eff. 1-25-13; 98-471, eff. 1-1-14.)
 
5    Section 10. The Care of Students with Diabetes Act is
6amended by changing Section 25 as follows:
 
7    (105 ILCS 145/25)
8    Sec. 25. Training for school employees and delegated care
9aides.
10    (a) In schools that have a student with diabetes, all
11school employees shall receive training in the basics of
12diabetes care, how to identify when a student with diabetes
13needs immediate or emergency medical attention, and whom to
14contact in the case of an emergency during regular inservice
15training under Section 3-11 of the School Code. This training
16is required only upon employment of a person, the renewal of a
17person's license, or a change to a person's job duties that
18would require this training.
19    (b) Delegated care aides shall be trained to perform the
20tasks necessary to assist a student with diabetes in accordance
21with his or her diabetes care plan, including training to do
22the following:
23        (1) check blood glucose and record results;
24        (2) recognize and respond to the symptoms of

 

 

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1    hypoglycemia according to the diabetes care plan;
2        (3) recognize and respond to the symptoms of
3    hyperglycemia according to the diabetes care plan;
4        (4) estimate the number of carbohydrates in a snack or
5    lunch;
6        (5) administer insulin according to the student's
7    diabetes care plan and keep a record of the amount
8    administered; and
9        (6) respond in an emergency, including how to
10    administer glucagon and call 911.
11    (c) The school district shall coordinate staff training.
12    (d) Initial training of a delegated care aide shall be
13provided by a licensed healthcare provider with expertise in
14diabetes or a certified diabetic educator and individualized by
15a student's parent or guardian. Training must be consistent
16with the guidelines provided by the U.S. Department of Health
17and Human Services in the guide for school personnel entitled
18"Helping the Student with Diabetes Succeed". Further training
19is required only upon the renewal of a person's license. The
20training shall be updated when the diabetes care plan is
21changed and at least annually.
22    (e) School nurses, where available, or health care
23providers may provide technical assistance or consultation or
24both to delegated care aides.
25    (f) An information sheet shall be provided to any school
26employee who transports a student for school-sponsored

 

 

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1activities. It shall identify the student with diabetes,
2identify potential emergencies that may occur as a result of
3the student's diabetes and the appropriate responses to such
4emergencies, and provide emergency contact information.
5(Source: P.A. 96-1485, eff. 12-1-10; 97-559, eff. 8-25-11.)
 
6    Section 15. The Physical Fitness Facility Medical
7Emergency Preparedness Act is amended by changing Section 15 as
8follows:
 
9    (210 ILCS 74/15)
10    Sec. 15. Automated external defibrillator required.
11    (a) By the dates specified in Section 50, every physical
12fitness facility must have at least one AED on the facility
13premises. The Department shall adopt rules to ensure
14coordination with local emergency medical services systems
15regarding the placement and use of AEDs in physical fitness
16facilities. The Department may adopt rules requiring a facility
17to have more than one AED on the premises, based on factors
18that include the following:
19        (1) The size of the area or the number of buildings or
20    floors occupied by the facility.
21        (2) The number of persons using the facility, excluding
22    spectators.
23    (b) A physical fitness facility must ensure that there is a
24trained AED user on staff during staffed business hours. For

 

 

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1purposes of this Act, "trained AED user" has the meaning
2ascribed to that term in Section 10 of the Automated External
3Defibrillator Act. With respect to AED-trained public school
4personnel, AED training is required only upon employment of a
5person, the renewal of a person's license, or a change to a
6person's job duties that would require this training.
7    (b-5) The Department shall adopt rules that encourage any
8non-employee coach, non-employee instructor, or other
9similarly situated non-employee anticipated rescuer who uses a
10physical fitness facility in conjunction with the supervision
11of physical fitness activities to complete a course of
12instruction that would qualify such a person as a trained AED
13user, as defined in Section 10 of the Automated External
14Defibrillator Act.
15    (b-10) In the case of an outdoor physical fitness facility,
16the AED must be housed in a building, if any, that is within
17300 feet of the outdoor facility where an event or activity is
18being conducted. If there is such a building within the
19required distance, the building must provide unimpeded and open
20access to the housed AED, and the building's entrances shall
21further provide marked directions to the housed AED.
22    (b-15) Facilities described in paragraph (1.5) of Section
235.25 must have an AED on site as well as a trained AED user
24available only during activities or events sponsored and
25conducted or supervised by a person or persons employed by the
26unit of local government, school, college, or university. With

 

 

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1respect to AED-trained public school personnel, AED training is
2required only upon employment of a person, the renewal of a
3person's license, or a change to a person's job duties that
4would require this training.
5    (c) Every physical fitness facility must ensure that every
6AED on the facility's premises is properly tested and
7maintained in accordance with rules adopted by the Department.
8(Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10; 96-873,
9eff. 1-21-10; 96-1268, eff. 1-1-11.)
 
10    Section 20. The Illinois Vehicle Code is amended by
11changing Section 6-106.1 as follows:
 
12    (625 ILCS 5/6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements of
16the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as
23required by the Department of State Police to conduct
24fingerprint based criminal background checks on current and

 

 

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1future information available in the state system and current
2information available through the Federal Bureau of
3Investigation's system. Applicants who have completed the
4fingerprinting requirements shall not be subjected to the
5fingerprinting process when applying for subsequent permits or
6submitting proof of successful completion of the annual
7refresher course. Individuals who on the effective date of this
8Act possess a valid school bus driver permit that has been
9previously issued by the appropriate Regional School
10Superintendent are not subject to the fingerprinting
11provisions of this Section as long as the permit remains valid
12and does not lapse. The applicant shall be required to pay all
13related application and fingerprinting fees as established by
14rule including, but not limited to, the amounts established by
15the Department of State Police and the Federal Bureau of
16Investigation to process fingerprint based criminal background
17investigations. All fees paid for fingerprint processing
18services under this Section shall be deposited into the State
19Police Services Fund for the cost incurred in processing the
20fingerprint based criminal background investigations. All
21other fees paid under this Section shall be deposited into the
22Road Fund for the purpose of defraying the costs of the
23Secretary of State in administering this Section. All
24applicants must:
25        1. be 21 years of age or older;
26        2. possess a valid and properly classified driver's

 

 

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1    license issued by the Secretary of State;
2        3. possess a valid driver's license, which has not been
3    revoked, suspended, or canceled for 3 years immediately
4    prior to the date of application, or have not had his or
5    her commercial motor vehicle driving privileges
6    disqualified within the 3 years immediately prior to the
7    date of application;
8        4. successfully pass a written test, administered by
9    the Secretary of State, on school bus operation, school bus
10    safety, and special traffic laws relating to school buses
11    and submit to a review of the applicant's driving habits by
12    the Secretary of State at the time the written test is
13    given;
14        5. demonstrate ability to exercise reasonable care in
15    the operation of school buses in accordance with rules
16    promulgated by the Secretary of State;
17        6. demonstrate physical fitness to operate school
18    buses by submitting the results of a medical examination,
19    including tests for drug use for each applicant not subject
20    to such testing pursuant to federal law, conducted by a
21    licensed physician, an advanced practice nurse who has a
22    written collaborative agreement with a collaborating
23    physician which authorizes him or her to perform medical
24    examinations, or a physician assistant who has been
25    delegated the performance of medical examinations by his or
26    her supervising physician within 90 days of the date of

 

 

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1    application according to standards promulgated by the
2    Secretary of State;
3        7. affirm under penalties of perjury that he or she has
4    not made a false statement or knowingly concealed a
5    material fact in any application for permit;
6        8. have completed an initial classroom course,
7    including first aid procedures, in school bus driver safety
8    as promulgated by the Secretary of State; and after
9    satisfactory completion of said initial course, a an annual
10    refresher course to be taken upon renewal of the permit;
11    such courses and the agency or organization conducting such
12    courses shall be approved by the Secretary of State;
13    failure to complete the annual refresher course, shall
14    result in cancellation of the permit until such course is
15    completed;
16        9. not have been under an order of court supervision
17    for or convicted of 2 or more serious traffic offenses, as
18    defined by rule, within one year prior to the date of
19    application that may endanger the life or safety of any of
20    the driver's passengers within the duration of the permit
21    period;
22        10. not have been under an order of court supervision
23    for or convicted of reckless driving, aggravated reckless
24    driving, driving while under the influence of alcohol,
25    other drug or drugs, intoxicating compound or compounds or
26    any combination thereof, or reckless homicide resulting

 

 

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1    from the operation of a motor vehicle within 3 years of the
2    date of application;
3        11. not have been convicted of committing or attempting
4    to commit any one or more of the following offenses: (i)
5    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
6    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
7    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
8    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
9    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
10    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
11    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
12    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
13    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
14    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
15    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
16    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
17    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
19    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
20    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
21    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
22    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
23    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
24    in subsection (a) and subsection (b), clause (1), of
25    Section 12-4, and in subsection (A), clauses (a) and (b),
26    of Section 24-3, and those offenses contained in Article

 

 

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1    29D of the Criminal Code of 1961 or the Criminal Code of
2    2012; (ii) those offenses defined in the Cannabis Control
3    Act except those offenses defined in subsections (a) and
4    (b) of Section 4, and subsection (a) of Section 5 of the
5    Cannabis Control Act; (iii) those offenses defined in the
6    Illinois Controlled Substances Act; (iv) those offenses
7    defined in the Methamphetamine Control and Community
8    Protection Act; (v) any offense committed or attempted in
9    any other state or against the laws of the United States,
10    which if committed or attempted in this State would be
11    punishable as one or more of the foregoing offenses; (vi)
12    the offenses defined in Section 4.1 and 5.1 of the Wrongs
13    to Children Act or Section 11-9.1A of the Criminal Code of
14    1961 or the Criminal Code of 2012; (vii) those offenses
15    defined in Section 6-16 of the Liquor Control Act of 1934;
16    and (viii) those offenses defined in the Methamphetamine
17    Precursor Control Act;
18        12. not have been repeatedly involved as a driver in
19    motor vehicle collisions or been repeatedly convicted of
20    offenses against laws and ordinances regulating the
21    movement of traffic, to a degree which indicates lack of
22    ability to exercise ordinary and reasonable care in the
23    safe operation of a motor vehicle or disrespect for the
24    traffic laws and the safety of other persons upon the
25    highway;
26        13. not have, through the unlawful operation of a motor

 

 

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1    vehicle, caused an accident resulting in the death of any
2    person;
3        14. not have, within the last 5 years, been adjudged to
4    be afflicted with or suffering from any mental disability
5    or disease; and
6        15. consent, in writing, to the release of results of
7    reasonable suspicion drug and alcohol testing under
8    Section 6-106.1c of this Code by the employer of the
9    applicant to the Secretary of State.
10    (b) A school bus driver permit shall be valid for a period
11specified by the Secretary of State as set forth by rule. It
12shall be renewable upon compliance with subsection (a) of this
13Section.
14    (c) A school bus driver permit shall contain the holder's
15driver's license number, legal name, residence address, zip
16code, and date of birth, a brief description of the holder and
17a space for signature. The Secretary of State may require a
18suitable photograph of the holder.
19    (d) The employer shall be responsible for conducting a
20pre-employment interview with prospective school bus driver
21candidates, distributing school bus driver applications and
22medical forms to be completed by the applicant, and submitting
23the applicant's fingerprint cards to the Department of State
24Police that are required for the criminal background
25investigations. The employer shall certify in writing to the
26Secretary of State that all pre-employment conditions have been

 

 

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1successfully completed including the successful completion of
2an Illinois specific criminal background investigation through
3the Department of State Police and the submission of necessary
4fingerprints to the Federal Bureau of Investigation for
5criminal history information available through the Federal
6Bureau of Investigation system. The applicant shall present the
7certification to the Secretary of State at the time of
8submitting the school bus driver permit application.
9    (e) Permits shall initially be provisional upon receiving
10certification from the employer that all pre-employment
11conditions have been successfully completed, and upon
12successful completion of all training and examination
13requirements for the classification of the vehicle to be
14operated, the Secretary of State shall provisionally issue a
15School Bus Driver Permit. The permit shall remain in a
16provisional status pending the completion of the Federal Bureau
17of Investigation's criminal background investigation based
18upon fingerprinting specimens submitted to the Federal Bureau
19of Investigation by the Department of State Police. The Federal
20Bureau of Investigation shall report the findings directly to
21the Secretary of State. The Secretary of State shall remove the
22bus driver permit from provisional status upon the applicant's
23successful completion of the Federal Bureau of Investigation's
24criminal background investigation.
25    (f) A school bus driver permit holder shall notify the
26employer and the Secretary of State if he or she is issued an

 

 

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1order of court supervision for or convicted in another state of
2an offense that would make him or her ineligible for a permit
3under subsection (a) of this Section. The written notification
4shall be made within 5 days of the entry of the order of court
5supervision or conviction. Failure of the permit holder to
6provide the notification is punishable as a petty offense for a
7first violation and a Class B misdemeanor for a second or
8subsequent violation.
9    (g) Cancellation; suspension; notice and procedure.
10        (1) The Secretary of State shall cancel a school bus
11    driver permit of an applicant whose criminal background
12    investigation discloses that he or she is not in compliance
13    with the provisions of subsection (a) of this Section.
14        (2) The Secretary of State shall cancel a school bus
15    driver permit when he or she receives notice that the
16    permit holder fails to comply with any provision of this
17    Section or any rule promulgated for the administration of
18    this Section.
19        (3) The Secretary of State shall cancel a school bus
20    driver permit if the permit holder's restricted commercial
21    or commercial driving privileges are withdrawn or
22    otherwise invalidated.
23        (4) The Secretary of State may not issue a school bus
24    driver permit for a period of 3 years to an applicant who
25    fails to obtain a negative result on a drug test as
26    required in item 6 of subsection (a) of this Section or

 

 

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1    under federal law.
2        (5) The Secretary of State shall forthwith suspend a
3    school bus driver permit for a period of 3 years upon
4    receiving notice that the holder has failed to obtain a
5    negative result on a drug test as required in item 6 of
6    subsection (a) of this Section or under federal law.
7        (6) The Secretary of State shall suspend a school bus
8    driver permit for a period of 3 years upon receiving notice
9    from the employer that the holder failed to perform the
10    inspection procedure set forth in subsection (a) or (b) of
11    Section 12-816 of this Code.
12        (7) The Secretary of State shall suspend a school bus
13    driver permit for a period of 3 years upon receiving notice
14    from the employer that the holder refused to submit to an
15    alcohol or drug test as required by Section 6-106.1c or has
16    submitted to a test required by that Section which
17    disclosed an alcohol concentration of more than 0.00 or
18    disclosed a positive result on a National Institute on Drug
19    Abuse five-drug panel, utilizing federal standards set
20    forth in 49 CFR 40.87.
21    The Secretary of State shall notify the State
22Superintendent of Education and the permit holder's
23prospective or current employer that the applicant has (1) has
24failed a criminal background investigation or (2) is no longer
25eligible for a school bus driver permit; and of the related
26cancellation of the applicant's provisional school bus driver

 

 

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1permit. The cancellation shall remain in effect pending the
2outcome of a hearing pursuant to Section 2-118 of this Code.
3The scope of the hearing shall be limited to the issuance
4criteria contained in subsection (a) of this Section. A
5petition requesting a hearing shall be submitted to the
6Secretary of State and shall contain the reason the individual
7feels he or she is entitled to a school bus driver permit. The
8permit holder's employer shall notify in writing to the
9Secretary of State that the employer has certified the removal
10of the offending school bus driver from service prior to the
11start of that school bus driver's next workshift. An employing
12school board that fails to remove the offending school bus
13driver from service is subject to the penalties defined in
14Section 3-14.23 of the School Code. A school bus contractor who
15violates a provision of this Section is subject to the
16penalties defined in Section 6-106.11.
17    All valid school bus driver permits issued under this
18Section prior to January 1, 1995, shall remain effective until
19their expiration date unless otherwise invalidated.
20    (h) When a school bus driver permit holder who is a service
21member is called to active duty, the employer of the permit
22holder shall notify the Secretary of State, within 30 days of
23notification from the permit holder, that the permit holder has
24been called to active duty. Upon notification pursuant to this
25subsection, (i) the Secretary of State shall characterize the
26permit as inactive until a permit holder renews the permit as

 

 

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1provided in subsection (i) of this Section, and (ii) if a
2permit holder fails to comply with the requirements of this
3Section while called to active duty, the Secretary of State
4shall not characterize the permit as invalid.
5    (i) A school bus driver permit holder who is a service
6member returning from active duty must, within 90 days, renew a
7permit characterized as inactive pursuant to subsection (h) of
8this Section by complying with the renewal requirements of
9subsection (b) of this Section.
10    (j) For purposes of subsections (h) and (i) of this
11Section:
12    "Active duty" means active duty pursuant to an executive
13order of the President of the United States, an act of the
14Congress of the United States, or an order of the Governor.
15    "Service member" means a member of the Armed Services or
16reserve forces of the United States or a member of the Illinois
17National Guard.
18(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1996-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
207-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
21Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
2297-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
231-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
24eff. 1-25-13.)
 
25    Section 99. Effective date. This Act takes effect July 1,
262014.