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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 |
| |||||||
| |||||||
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.
| ||||||
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;
| ||||||
3 | disciplinary
action.
| ||||||
4 | (a) In this Section:
| ||||||
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.
| ||||||
9 | "Psychotropic medication" means psychotropic medication as
| ||||||
10 | defined in Section 1-121.1 of the Mental Health and | ||||||
11 | Developmental
Disabilities Code.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
1 | renewal of a person's license, or a change to a person's job | ||||||
2 | duties that would require this training.
| ||||||
3 | (c) This Section does not prohibit school medical staff, an
| ||||||
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.
| ||||||
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
| ||||||
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
| ||||||
19 | and teens and shall be taught appropriate intervention and | ||||||
20 | referral techniques.
| ||||||
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
|
| |||||||
| |||||||
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
| ||||||
6 | of Public Health shall jointly develop standards for such | ||||||
7 | training.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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.)
| ||||||
5 | Section 10. The Care of Students with Diabetes Act is | ||||||
6 | amended by changing Section 25 as follows: | ||||||
7 | (105 ILCS 145/25)
| ||||||
8 | Sec. 25. Training for school employees and delegated care | ||||||
9 | aides.
| ||||||
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:
| ||||||
23 | (1) check blood glucose and record results;
| ||||||
24 | (2) recognize and respond to the symptoms of |
| |||||||
| |||||||
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 | ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
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
| ||||||
20 | access to the housed AED, and the building's entrances shall
| ||||||
21 | further provide marked directions to the housed AED.
| ||||||
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 |
| |||||||
| |||||||
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:
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
4 | fingerprinting requirements shall not be subjected to the
| ||||||
5 | fingerprinting process when applying for subsequent permits or
| ||||||
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
| ||||||
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:
| ||||||
25 | 1. be 21 years of age or older;
| ||||||
26 | 2. possess a valid and properly classified driver's |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|