HB2789 EngrossedLRB102 10539 CMG 15868 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 Department of Public Health Powers and 
5Duties Law of the
Civil Administrative Code of Illinois is 
6amended  by adding Section 2310-705 as follows:
 
7    (20 ILCS 2310/2310-705 new)
8    Sec. 2310-705. In-person instruction at schools. The 
9Department shall establish requirements by rule for providing 
10in-person instruction at nonpublic schools and public schools   
11that include, but are not limited to, personal protective 
12equipment, cleaning and hygiene, social distancing, occupancy 
13limits, symptom screening, and on-site isolation protocols and 
14shall disseminate information about those requirements to 
15nonpublic schools and public schools with the assistance of 
16the Illinois State Board of Education. The authority to 
17enforce the rules adopted pursuant to this Section lies with 
18the Department and local departments of public health. Upon 
19receipt of a complaint that a school cannot or is not complying 
20with the Department's rules under this Section, the Department 
21or local public health department shall investigate the 
22complaint within 45 days after receiving the complaint. If 
23upon investigation, a school is found to be in violation of the 
 
 
HB2789 Engrossed- 2 -LRB102 10539 CMG 15868 b

1rules adopted under this Section, the Department has the 
2authority to take the appropriate action necessary to promote 
3the health or protect the safety of students, staff, and the 
4public, including, but not limited to, closure of a classroom, 
5gym, library, lunch room, or any other school space until such 
6time that the Department determines that the violation or 
7violations have been remedied. Nothing in this Section limits 
8the authority or requirements of the Department or local 
9public health departments. All complaints and related 
10documents shall be maintained and are subject to applicable 
11disclosure requirements under the Freedom of Information Act.
 
12    Section 10. The School Code is amended  by adding Section 
1322-92 as follows:
 
14    (105 ILCS 5/22-92 new)
15    Sec. 22-92. In-person instruction. In order to provide 
16in-person instruction, nonpublic schools and public schools 
17must follow the requirements adopted by rule by the Department 
18of Public Health under Section 2310-705 of the Department of 
19Public Health Powers and Duties Law of the Civil 
20Administrative Code.
 

21    Section 99. Effective date. This Act takes effect upon 
22becoming law.