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| | 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 | |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Sections |
5 | | 2-3.149, 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 |
9 | | Education, in conjunction with the Department of Public Health, |
10 | | shall develop and make available to each school board |
11 | | guidelines for the management of students with |
12 | | life-threatening food allergies. The State Board of Education |
13 | | and the Department of Public Health shall establish an ad hoc |
14 | | committee to develop the guidelines. The committee shall |
15 | | include experts in the field of food allergens, representatives |
16 | | on behalf of students with food allergies, representatives from |
17 | | the several public school management organizations, which |
18 | | shall include school administrators, principals, and school |
19 | | board members, and representatives from 2 statewide |
20 | | professional teachers' organizations. The guidelines shall |
21 | | include, 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 |
17 | | implement a policy based on the guidelines developed pursuant |
18 | | to subsection (a) of this Section for the management of |
19 | | students with life-threatening food allergies enrolled in the |
20 | | schools under its jurisdiction. Nothing in this subsection (b) |
21 | | is intended to invalidate school district policies that were |
22 | | implemented before the development of guidelines pursuant to |
23 | | subsection (a) of this Section as long as such policies are |
24 | | consistent with the guidelines developed pursuant to |
25 | | subsection (a) of this Section.
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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)
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2 | | Sec. 10-20.36. Psychotropic or psychostimulant medication;
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3 | | disciplinary
action.
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4 | | (a) In this Section:
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5 | | "Psychostimulant medication" means medication that |
6 | | produces increased
levels of mental and physical energy and |
7 | | alertness and an elevated mood
by stimulating the central |
8 | | nervous system.
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9 | | "Psychotropic medication" means psychotropic medication as
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10 | | defined in Section 1-121.1 of the Mental Health and |
11 | | Developmental
Disabilities Code.
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12 | | (b) Each school
board
must adopt and implement a policy |
13 | | that prohibits any disciplinary action
that is based totally or |
14 | | in part on the refusal of a student's parent or
guardian to |
15 | | administer or consent to the administration of
psychotropic or |
16 | | psychostimulant medication to the student.
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17 | | The policy must require that , at least once every 2 years, |
18 | | the in-service
training of certified school personnel and |
19 | | administrators include training
on current best practices |
20 | | regarding the identification and treatment of
attention |
21 | | deficit disorder and attention deficit hyperactivity disorder, |
22 | | the
application of non-aversive behavioral interventions in |
23 | | the school
environment, and the use of psychotropic or |
24 | | psychostimulant medication for
school-age children. This |
25 | | training is required only upon employment of a person, the |
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1 | | renewal of a person's license, or a change to a person's job |
2 | | duties that would require this training.
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3 | | (c) This Section does not prohibit school medical staff, an
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4 | | individualized educational program team, or a professional |
5 | | worker (as defined
in Section 14-1.10 of this Code)
from |
6 | | recommending that a
student be evaluated by an appropriate |
7 | | medical practitioner or prohibit
school personnel from |
8 | | consulting with the practitioner with the consent
of the |
9 | | student's parents or guardian.
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10 | | (Source: P.A. 95-331, eff. 8-21-07.)
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11 | | (105 ILCS 5/10-22.39)
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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
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15 | | programs, school guidance counselors, teachers, school social |
16 | | workers, and
other school personnel who work with pupils in |
17 | | grades 7 through 12 shall be
trained to identify the warning |
18 | | signs of mental illness and suicidal behavior in adolescents
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19 | | and teens and shall be taught appropriate intervention and |
20 | | referral techniques.
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21 | | (c) School guidance counselors, nurses, teachers and other |
22 | | school personnel
who work with pupils may be trained to have a |
23 | | basic knowledge of matters
relating to acquired |
24 | | immunodeficiency syndrome (AIDS), including the nature
of the |
25 | | disease, its causes and effects, the means of detecting it and
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1 | | preventing its transmission, and the availability of |
2 | | appropriate sources of
counseling and referral, and any other |
3 | | information that may be appropriate
considering the age and |
4 | | grade level of such pupils. The School Board shall
supervise |
5 | | such training. The State Board of Education and the Department
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6 | | of Public Health shall jointly develop standards for such |
7 | | training.
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8 | | (d) In this subsection (d): |
9 | | "Domestic violence" means abuse by a family or household |
10 | | member, as "abuse" and "family or household members" are |
11 | | defined in Section 103 of the Illinois Domestic Violence Act of |
12 | | 1986. |
13 | | "Sexual violence" means sexual assault, abuse, or stalking |
14 | | of an adult or minor child proscribed in the Criminal Code of |
15 | | 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, |
16 | | 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, |
17 | | 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual |
18 | | violence committed by perpetrators who are strangers to the |
19 | | victim and sexual violence committed by perpetrators who are |
20 | | known or related by blood or marriage to the victim. |
21 | | An At least once every 2 years, an in-service training |
22 | | program for school personnel who work with pupils, including, |
23 | | but not limited to, school and school district administrators, |
24 | | teachers, school guidance counselors, school social workers, |
25 | | school counselors, school psychologists, and school nurses, |
26 | | must be conducted by persons with expertise in domestic and |
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1 | | sexual violence and the needs of expectant and parenting youth |
2 | | and shall include training concerning (i) communicating with |
3 | | and listening to youth victims of domestic or sexual violence |
4 | | and expectant and parenting youth, (ii) connecting youth |
5 | | victims of domestic or sexual violence and expectant and |
6 | | parenting youth to appropriate in-school services and other |
7 | | agencies, programs, and services as needed, and (iii) |
8 | | implementing the school district's policies, procedures, and |
9 | | protocols with regard to such youth, including |
10 | | confidentiality. At a minimum, school personnel must be trained |
11 | | to understand, provide information and referrals, and address |
12 | | issues pertaining to youth who are parents, expectant parents, |
13 | | or victims of domestic or sexual violence.
This training is |
14 | | required only upon employment of a person, the renewal of a |
15 | | person's license, or a change to a person's job duties that |
16 | | would require this training. |
17 | | (e) An At least every 2 years, an in-service training |
18 | | program for school personnel who work with pupils must be |
19 | | conducted by persons with expertise in anaphylactic reactions |
20 | | and management. This training is required only upon employment |
21 | | of a person, the renewal of a person's license, or a change to |
22 | | a person's job duties that would require this training.
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23 | | (f) A At least once every 2 years, a school board shall |
24 | | conduct in-service training on educator ethics, |
25 | | teacher-student conduct, and school employee-student conduct |
26 | | for all personnel. This training is required only upon |
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1 | | employment of a person, the renewal of a person's license, or a |
2 | | change to a person's job duties that would require this |
3 | | training. |
4 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-471, eff. 1-1-14.)
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5 | | Section 10. The Care of Students with Diabetes Act is |
6 | | amended by changing Section 25 as follows: |
7 | | (105 ILCS 145/25)
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8 | | Sec. 25. Training for school employees and delegated care |
9 | | aides.
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10 | | (a) In schools that have a student with diabetes, all |
11 | | school employees shall receive training in the basics of |
12 | | diabetes care, how to identify when a student with diabetes |
13 | | needs immediate or emergency medical attention, and whom to |
14 | | contact in the case of an emergency during regular inservice |
15 | | training under Section 3-11 of the School Code. This training |
16 | | is required only upon employment of a person, the renewal of a |
17 | | person's license, or a change to a person's job duties that |
18 | | would require this training. |
19 | | (b) Delegated care aides shall be trained to perform the |
20 | | tasks necessary to assist a student with diabetes in accordance |
21 | | with his or her diabetes care plan, including training to do |
22 | | the following:
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23 | | (1) check blood glucose and record results;
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24 | | (2) recognize and respond to the symptoms of |
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1 | | hypoglycemia according to the diabetes care plan;
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2 | | (3) recognize and respond to the symptoms of |
3 | | hyperglycemia according to the diabetes care plan;
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4 | | (4) estimate the number of carbohydrates in a snack or |
5 | | lunch;
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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 |
13 | | provided by a licensed healthcare provider with expertise in |
14 | | diabetes or a certified diabetic educator and individualized by |
15 | | a student's parent or guardian. Training must be consistent |
16 | | with the guidelines provided by the U.S. Department of Health |
17 | | and Human Services in the guide for school personnel entitled |
18 | | "Helping the Student with Diabetes Succeed". Further training |
19 | | is required only upon the renewal of a person's license. The |
20 | | training shall be updated when the diabetes care plan is |
21 | | changed and at least annually.
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22 | | (e) School nurses, where available, or health care |
23 | | providers may provide technical assistance or consultation or |
24 | | both to delegated care aides. |
25 | | (f) An information sheet shall be provided to any school |
26 | | employee who transports a student for school-sponsored |
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1 | | activities. It shall identify the student with diabetes, |
2 | | identify potential emergencies that may occur as a result of |
3 | | the student's diabetes and the appropriate responses to such |
4 | | emergencies, and provide emergency contact information.
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5 | | (Source: P.A. 96-1485, eff. 12-1-10; 97-559, eff. 8-25-11.) |
6 | | Section 15. The Physical Fitness
Facility
Medical |
7 | | Emergency Preparedness Act is amended by changing Section 15 as |
8 | | follows: |
9 | | (210 ILCS 74/15) |
10 | | Sec. 15. Automated external defibrillator required. |
11 | | (a) By the dates specified in Section 50, every physical |
12 | | fitness facility
must have at least one AED on the facility |
13 | | premises. The Department
shall adopt
rules to ensure |
14 | | coordination with local emergency medical services systems
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15 | | regarding the
placement and use of AEDs in physical fitness |
16 | | facilities. The Department may
adopt
rules requiring a facility |
17 | | to have more than one AED on the premises, based on
factors
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18 | | that 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 |
24 | | trained
AED user on staff during staffed business hours. For |
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1 | | purposes
of this Act, "trained AED user" has the meaning |
2 | | ascribed to that term in Section 10 of the Automated External |
3 | | Defibrillator Act. With respect to AED-trained public school |
4 | | personnel, AED training is required only upon employment of a |
5 | | person, the renewal of a person's license, or a change to a |
6 | | person's job duties that would require this training. |
7 | | (b-5) The Department shall adopt rules that
encourage any |
8 | | non-employee coach, non-employee instructor, or
other |
9 | | similarly situated non-employee anticipated rescuer
who uses a |
10 | | physical fitness facility in conjunction with the
supervision |
11 | | of physical fitness activities to complete a course of
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12 | | instruction that would qualify such a person as a trained
AED |
13 | | user, as defined in Section 10 of the Automated External |
14 | | Defibrillator Act. |
15 | | (b-10) In the case of an outdoor physical fitness facility, |
16 | | the AED must be housed in a building, if any, that is within |
17 | | 300 feet of the outdoor facility where an event or
activity is |
18 | | being conducted. If there is such a building within the |
19 | | required
distance, the building must provide unimpeded and open
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20 | | access to the housed AED, and the building's entrances shall
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21 | | further provide marked directions to the housed AED.
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22 | | (b-15) Facilities described in paragraph (1.5) of Section |
23 | | 5.25 must have an AED on site as well as a trained AED user |
24 | | available only during activities or events sponsored and |
25 | | conducted or supervised by a person or persons employed by the |
26 | | unit of local government, school, college, or university. With |
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1 | | respect to AED-trained public school personnel, AED training is |
2 | | required only upon employment of a person, the renewal of a |
3 | | person's license, or a change to a person's job duties that |
4 | | would require this training. |
5 | | (c) Every physical fitness facility must ensure that every |
6 | | AED on the
facility's
premises is properly tested and |
7 | | maintained 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, |
9 | | eff. 1-21-10; 96-1268, eff. 1-1-11.) |
10 | | Section 20. The Illinois Vehicle Code is amended by |
11 | | changing Section 6-106.1 as follows:
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12 | | (625 ILCS 5/6-106.1)
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13 | | Sec. 6-106.1. School bus driver permit.
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14 | | (a) The Secretary of State shall issue a school bus driver
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15 | | permit to those applicants who have met all the requirements of |
16 | | the
application and screening process under this Section to |
17 | | insure the
welfare and safety of children who are transported |
18 | | on school buses
throughout the State of Illinois. Applicants |
19 | | shall obtain the
proper application required by the Secretary |
20 | | of State from their
prospective or current employer and submit |
21 | | the completed
application to the prospective or current |
22 | | employer along
with the necessary fingerprint submission as |
23 | | required by the
Department of
State Police to conduct |
24 | | fingerprint based criminal background
checks on current and |
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1 | | future information available in the state
system and current |
2 | | information available through the Federal Bureau
of |
3 | | Investigation's system. Applicants who have completed the
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4 | | fingerprinting requirements shall not be subjected to the
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5 | | fingerprinting process when applying for subsequent permits or
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6 | | submitting proof of successful completion of the annual |
7 | | refresher
course. Individuals who on the effective date of this |
8 | | Act possess a valid
school bus driver permit that has been |
9 | | previously issued by the appropriate
Regional School |
10 | | Superintendent are not subject to the fingerprinting
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11 | | provisions of this Section as long as the permit remains valid |
12 | | and does not
lapse. The applicant shall be required to pay all |
13 | | related
application and fingerprinting fees as established by |
14 | | rule
including, but not limited to, the amounts established by |
15 | | the Department of
State Police and the Federal Bureau of |
16 | | Investigation to process
fingerprint based criminal background |
17 | | investigations. All fees paid for
fingerprint processing |
18 | | services under this Section shall be deposited into the
State |
19 | | Police Services Fund for the cost incurred in processing the |
20 | | fingerprint
based criminal background investigations. All |
21 | | other fees paid under this
Section shall be deposited into the |
22 | | Road
Fund for the purpose of defraying the costs of the |
23 | | Secretary of State in
administering this Section. All |
24 | | applicants must:
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25 | | 1. be 21 years of age or older;
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26 | | 2. possess a valid and properly classified driver's |
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1 | | license
issued by the Secretary of State;
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2 | | 3. possess a valid driver's license, which has not been
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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
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6 | | disqualified within the 3 years immediately prior to the |
7 | | date of application;
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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;
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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;
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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
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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;
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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;
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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
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10 | | refresher course to be taken upon renewal of the permit ; |
11 | | such courses and the agency or organization conducting such
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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;
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16 | | 9. not have been under an order of court supervision |
17 | | for or convicted of 2 or more serious traffic offenses, as
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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;
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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;
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3 | | 11. not have been convicted of committing or attempting
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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,
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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,
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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
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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;
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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 |
11 | | specified by
the Secretary of State as set forth by rule. It |
12 | | shall be renewable upon compliance with subsection (a) of this
|
13 | | Section.
|
14 | | (c) A school bus driver permit shall contain the holder's |
15 | | driver's
license number, legal name, residence address, zip |
16 | | code, and date
of birth, a brief description of the holder and |
17 | | a space for signature. The
Secretary of State may require a |
18 | | suitable photograph of the holder.
|
19 | | (d) The employer shall be responsible for conducting a |
20 | | pre-employment
interview with prospective school bus driver |
21 | | candidates, distributing school
bus driver applications and |
22 | | medical forms to be completed by the applicant, and
submitting |
23 | | the applicant's fingerprint cards to the Department of State |
24 | | Police
that are required for the criminal background |
25 | | investigations. The employer
shall certify in writing to the |
26 | | Secretary of State that all pre-employment
conditions have been |
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1 | | successfully completed including the successful completion
of |
2 | | an Illinois specific criminal background investigation through |
3 | | the
Department of State Police and the submission of necessary
|
4 | | fingerprints to the Federal Bureau of Investigation for |
5 | | criminal
history information available through the Federal |
6 | | Bureau of
Investigation system. The applicant shall present the
|
7 | | certification to the Secretary of State at the time of |
8 | | submitting
the school bus driver permit application.
|
9 | | (e) Permits shall initially be provisional upon receiving
|
10 | | certification from the employer that all pre-employment |
11 | | conditions
have been successfully completed, and upon |
12 | | successful completion of
all training and examination |
13 | | requirements for the classification of
the vehicle to be |
14 | | operated, the Secretary of State shall
provisionally issue a |
15 | | School Bus Driver Permit. The permit shall
remain in a |
16 | | provisional status pending the completion of the
Federal Bureau |
17 | | of Investigation's criminal background investigation based
|
18 | | upon fingerprinting specimens submitted to the Federal Bureau |
19 | | of
Investigation by the Department of State Police. The Federal |
20 | | Bureau of
Investigation shall report the findings directly to |
21 | | the Secretary
of State. The Secretary of State shall remove the |
22 | | bus driver
permit from provisional status upon the applicant's |
23 | | successful
completion of the Federal Bureau of Investigation's |
24 | | criminal
background investigation.
|
25 | | (f) A school bus driver permit holder shall notify the
|
26 | | employer and the Secretary of State if he or she is issued an |
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1 | | order of court supervision for or convicted in
another state of |
2 | | an offense that would make him or her ineligible
for a permit |
3 | | under subsection (a) of this Section. The
written notification |
4 | | shall be made within 5 days of the entry of
the order of court |
5 | | supervision or conviction. Failure of the permit holder to |
6 | | provide the
notification is punishable as a petty
offense for a |
7 | | first violation and a Class B misdemeanor for a
second or |
8 | | subsequent 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.
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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 |
22 | | Superintendent
of Education and the permit holder's |
23 | | prospective or current
employer that the applicant has (1) has |
24 | | failed a criminal
background investigation or (2) is no
longer |
25 | | eligible for a school bus driver permit; and of the related
|
26 | | cancellation of the applicant's provisional school bus driver |
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1 | | permit. The
cancellation shall remain in effect pending the |
2 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
3 | | The scope of the
hearing shall be limited to the issuance |
4 | | criteria contained in
subsection (a) of this Section. A |
5 | | petition requesting a
hearing shall be submitted to the |
6 | | Secretary of State and shall
contain the reason the individual |
7 | | feels he or she is entitled to a
school bus driver permit. The |
8 | | permit holder's
employer shall notify in writing to the |
9 | | Secretary of State
that the employer has certified the removal |
10 | | of the offending school
bus driver from service prior to the |
11 | | start of that school bus
driver's next workshift. An employing |
12 | | school board that fails to
remove the offending school bus |
13 | | driver from service is
subject to the penalties defined in |
14 | | Section 3-14.23 of the School Code. A
school bus
contractor who |
15 | | violates a provision of this Section is
subject to the |
16 | | penalties defined in Section 6-106.11.
|
17 | | All valid school bus driver permits issued under this |
18 | | Section
prior to January 1, 1995, shall remain effective until |
19 | | their
expiration date unless otherwise invalidated.
|
20 | | (h) When a school bus driver permit holder who is a service |
21 | | member is called to active duty, the employer of the permit |
22 | | holder shall notify the Secretary of State, within 30 days of |
23 | | notification from the permit holder, that the permit holder has |
24 | | been called to active duty. Upon notification pursuant to this |
25 | | subsection, (i) the Secretary of State shall characterize the |
26 | | permit as inactive until a permit holder renews the permit as |
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1 | | provided in subsection (i) of this Section, and (ii) if a |
2 | | permit holder fails to comply with the requirements of this |
3 | | Section while called to active duty, the Secretary of State |
4 | | shall not characterize the permit as invalid. |
5 | | (i) A school bus driver permit holder who is a service |
6 | | member returning from active duty must, within 90 days, renew a |
7 | | permit characterized as inactive pursuant to subsection (h) of |
8 | | this Section by complying with the renewal requirements of |
9 | | subsection (b) of this Section. |
10 | | (j) For purposes of subsections (h) and (i) of this |
11 | | Section: |
12 | | "Active duty" means active duty pursuant to an executive |
13 | | order of the President of the United States, an act of the |
14 | | Congress of the United States, or an order of the Governor. |
15 | | "Service member" means a member of the Armed Services or |
16 | | reserve forces of the United States or a member of the Illinois |
17 | | National Guard. |
18 | | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
19 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
20 | | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, |
21 | | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; |
22 | | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. |
23 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
24 | | eff. 1-25-13.)
|
25 | | Section 99. Effective date. This Act takes effect July 1, |
26 | | 2014.
|