Illinois General Assembly - Full Text of HB4135
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Full Text of HB4135  102nd General Assembly

HB4135 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4135

 

Introduced 9/3/2021, by Rep. Edgar Gonzalez, Jr.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
105 ILCS 5/2-3.25  from Ch. 122, par. 2-3.25
105 ILCS 5/2-3.25o
105 ILCS 5/10-20  from Ch. 122, par. 10-20
105 ILCS 5/10-30
105 ILCS 5/21B-5
105 ILCS 5/34-18.66

    Amends the School Code. Provides that the State Board of Education may issue, refuse to issue, or revoke recognition for schools. Amends certain provisions of the School Code with respect to public health requirements issued by the Department of Public Health when a public health emergency is declared by the Governor. Allows the State Board to revoke recognition for schools that fail to comply with the public health requirements. In provisions concerning the registration and recognition of nonpublic schools, requires a nonpublic school to comply with public health requirements. Prohibits a school board from passing any resolution that contravenes any of the public health requirements. Makes similar changes to provisions concerning the licensure powers of the State Board of Education. Requires schools to investigate complaints of noncompliance with the public health requirements; sets forth complaint procedures. Provides that the State Superintendent of Education may require a school to operate fully remotely if the public health requirements are not followed. Sets forth penalty provisions. Provides for rulemaking by the State Board of Education. Makes a corresponding change in the Illinois Administrative Procedure Act.


LRB102 19561 CMG 28329 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4135LRB102 19561 CMG 28329 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 Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65
23or at a stated date less than 10 days thereafter. The agency's

 

 

HB4135- 2 -LRB102 19561 CMG 28329 b

1finding and a statement of the specific reasons for the
2finding shall be filed with the rule. The agency shall take
3reasonable and appropriate measures to make emergency rules
4known to the persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to
24subsection (c-5) of this Section. Two or more emergency rules
25having substantially the same purpose and effect shall be
26deemed to be a single rule for purposes of this Section.

 

 

HB4135- 3 -LRB102 19561 CMG 28329 b

1    (c-5) To facilitate the maintenance of the program of
2group health benefits provided to annuitants, survivors, and
3retired employees under the State Employees Group Insurance
4Act of 1971, rules to alter the contributions to be paid by the
5State, annuitants, survivors, retired employees, or any
6combination of those entities, for that program of group
7health benefits, shall be adopted as emergency rules. The
8adoption of those rules shall be considered an emergency and
9necessary for the public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act
1390-587 or 90-588 or any other budget initiative for fiscal
14year 1999 may be adopted in accordance with this Section by the
15agency charged with administering that provision or
16initiative, except that the 24-month limitation on the
17adoption of emergency rules and the provisions of Sections
185-115 and 5-125 do not apply to rules adopted under this
19subsection (d). The adoption of emergency rules authorized by
20this subsection (d) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

HB4135- 4 -LRB102 19561 CMG 28329 b

1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act
1191-712 or any other budget initiative for fiscal year 2001 may
12be adopted in accordance with this Section by the agency
13charged with administering that provision or initiative,
14except that the 24-month limitation on the adoption of
15emergency rules and the provisions of Sections 5-115 and 5-125
16do not apply to rules adopted under this subsection (f). The
17adoption of emergency rules authorized by this subsection (f)
18shall be deemed to be necessary for the public interest,
19safety, and welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

HB4135- 5 -LRB102 19561 CMG 28329 b

1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act
992-597 or any other budget initiative for fiscal year 2003 may
10be adopted in accordance with this Section by the agency
11charged with administering that provision or initiative,
12except that the 24-month limitation on the adoption of
13emergency rules and the provisions of Sections 5-115 and 5-125
14do not apply to rules adopted under this subsection (h). The
15adoption of emergency rules authorized by this subsection (h)
16shall be deemed to be necessary for the public interest,
17safety, and welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

HB4135- 6 -LRB102 19561 CMG 28329 b

1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public
15Aid may also adopt rules under this subsection (j) necessary
16to administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal
24year 2006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the

 

 

HB4135- 7 -LRB102 19561 CMG 28329 b

1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (k). The Department of Healthcare and Family
4Services may also adopt rules under this subsection (k)
5necessary to administer the Illinois Public Aid Code, the
6Senior Citizens and Persons with Disabilities Property Tax
7Relief Act, the Senior Citizens and Disabled Persons
8Prescription Drug Discount Program Act (now the Illinois
9Prescription Drug Discount Program Act), and the Children's
10Health Insurance Program Act. The adoption of emergency rules
11authorized by this subsection (k) shall be deemed to be
12necessary for the public interest, safety, and welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

HB4135- 8 -LRB102 19561 CMG 28329 b

1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

HB4135- 9 -LRB102 19561 CMG 28329 b

12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act
1497-689 may be adopted in accordance with this subsection (p)
15by the agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

HB4135- 10 -LRB102 19561 CMG 28329 b

1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2
20of the Illinois Public Aid Code, emergency rules to implement
21any provision of Section 5-5b.1 or Section 5A-2 of the
22Illinois Public Aid Code may be adopted in accordance with
23this subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

HB4135- 11 -LRB102 19561 CMG 28329 b

1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The
3adoption of emergency rules authorized by this subsection (s)
4is deemed to be necessary for the public interest, safety, and
5welfare.
6    (t) In order to provide for the expeditious and timely
7implementation of the provisions of Article II of Public Act
899-6, emergency rules to implement the changes made by Article
9II of Public Act 99-6 to the Emergency Telephone System Act may
10be adopted in accordance with this subsection (t) by the
11Department of State Police. The rulemaking authority granted
12in this subsection (t) shall apply only to those rules adopted
13prior to July 1, 2016. The 24-month limitation on the adoption
14of emergency rules does not apply to rules adopted under this
15subsection (t). The adoption of emergency rules authorized by
16this subsection (t) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (u) In order to provide for the expeditious and timely
19implementation of the provisions of the Burn Victims Relief
20Act, emergency rules to implement any provision of the Act may
21be adopted in accordance with this subsection (u) by the
22Department of Insurance. The rulemaking authority granted in
23this subsection (u) shall apply only to those rules adopted
24prior to December 31, 2015. The adoption of emergency rules
25authorized by this subsection (u) is deemed to be necessary
26for the public interest, safety, and welfare.

 

 

HB4135- 12 -LRB102 19561 CMG 28329 b

1    (v) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 99-516,
3emergency rules to implement Public Act 99-516 may be adopted
4in accordance with this subsection (v) by the Department of
5Healthcare and Family Services. The 24-month limitation on the
6adoption of emergency rules does not apply to rules adopted
7under this subsection (v). The adoption of emergency rules
8authorized by this subsection (v) is deemed to be necessary
9for the public interest, safety, and welfare.
10    (w) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-796,
12emergency rules to implement the changes made by Public Act
1399-796 may be adopted in accordance with this subsection (w)
14by the Adjutant General. The adoption of emergency rules
15authorized by this subsection (w) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (x) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-906,
19emergency rules to implement subsection (i) of Section
2016-115D, subsection (g) of Section 16-128A, and subsection (a)
21of Section 16-128B of the Public Utilities Act may be adopted
22in accordance with this subsection (x) by the Illinois
23Commerce Commission. The rulemaking authority granted in this
24subsection (x) shall apply only to those rules adopted within
25180 days after June 1, 2017 (the effective date of Public Act
2699-906). The adoption of emergency rules authorized by this

 

 

HB4135- 13 -LRB102 19561 CMG 28329 b

1subsection (x) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (y) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 100-23,
5emergency rules to implement the changes made by Public Act
6100-23 to Section 4.02 of the Illinois Act on the Aging,
7Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
8Section 55-30 of the Alcoholism and Other Drug Abuse and
9Dependency Act, and Sections 74 and 75 of the Mental Health and
10Developmental Disabilities Administrative Act may be adopted
11in accordance with this subsection (y) by the respective
12Department. The adoption of emergency rules authorized by this
13subsection (y) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (z) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-554,
17emergency rules to implement the changes made by Public Act
18100-554 to Section 4.7 of the Lobbyist Registration Act may be
19adopted in accordance with this subsection (z) by the
20Secretary of State. The adoption of emergency rules authorized
21by this subsection (z) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (aa) In order to provide for the expeditious and timely
24initial implementation of the changes made to Articles 5, 5A,
2512, and 14 of the Illinois Public Aid Code under the provisions
26of Public Act 100-581, the Department of Healthcare and Family

 

 

HB4135- 14 -LRB102 19561 CMG 28329 b

1Services may adopt emergency rules in accordance with this
2subsection (aa). The 24-month limitation on the adoption of
3emergency rules does not apply to rules to initially implement
4the changes made to Articles 5, 5A, 12, and 14 of the Illinois
5Public Aid Code adopted under this subsection (aa). The
6adoption of emergency rules authorized by this subsection (aa)
7is deemed to be necessary for the public interest, safety, and
8welfare.
9    (bb) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-587,
11emergency rules to implement the changes made by Public Act
12100-587 to Section 4.02 of the Illinois Act on the Aging,
13Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
14subsection (b) of Section 55-30 of the Alcoholism and Other
15Drug Abuse and Dependency Act, Section 5-104 of the
16Specialized Mental Health Rehabilitation Act of 2013, and
17Section 75 and subsection (b) of Section 74 of the Mental
18Health and Developmental Disabilities Administrative Act may
19be adopted in accordance with this subsection (bb) by the
20respective Department. The adoption of emergency rules
21authorized by this subsection (bb) is deemed to be necessary
22for the public interest, safety, and welfare.
23    (cc) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 100-587,
25emergency rules may be adopted in accordance with this
26subsection (cc) to implement the changes made by Public Act

 

 

HB4135- 15 -LRB102 19561 CMG 28329 b

1100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
2Pension Code by the Board created under Article 14 of the Code;
3Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
4the Board created under Article 15 of the Code; and Sections
516-190.5 and 16-190.6 of the Illinois Pension Code by the
6Board created under Article 16 of the Code. The adoption of
7emergency rules authorized by this subsection (cc) is deemed
8to be necessary for the public interest, safety, and welfare.
9    (dd) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-864,
11emergency rules to implement the changes made by Public Act
12100-864 to Section 3.35 of the Newborn Metabolic Screening Act
13may be adopted in accordance with this subsection (dd) by the
14Secretary of State. The adoption of emergency rules authorized
15by this subsection (dd) is deemed to be necessary for the
16public interest, safety, and welfare.
17    (ee) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-1172,
19emergency rules implementing the Illinois Underground Natural
20Gas Storage Safety Act may be adopted in accordance with this
21subsection by the Department of Natural Resources. The
22adoption of emergency rules authorized by this subsection is
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (ff) In order to provide for the expeditious and timely
26initial implementation of the changes made to Articles 5A and

 

 

HB4135- 16 -LRB102 19561 CMG 28329 b

114 of the Illinois Public Aid Code under the provisions of
2Public Act 100-1181, the Department of Healthcare and Family
3Services may on a one-time-only basis adopt emergency rules in
4accordance with this subsection (ff). The 24-month limitation
5on the adoption of emergency rules does not apply to rules to
6initially implement the changes made to Articles 5A and 14 of
7the Illinois Public Aid Code adopted under this subsection
8(ff). The adoption of emergency rules authorized by this
9subsection (ff) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (gg) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 101-1,
13emergency rules may be adopted by the Department of Labor in
14accordance with this subsection (gg) to implement the changes
15made by Public Act 101-1 to the Minimum Wage Law. The adoption
16of emergency rules authorized by this subsection (gg) is
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (hh) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 101-10,
21emergency rules may be adopted in accordance with this
22subsection (hh) to implement the changes made by Public Act
23101-10 to subsection (j) of Section 5-5.2 of the Illinois
24Public Aid Code. The adoption of emergency rules authorized by
25this subsection (hh) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

HB4135- 17 -LRB102 19561 CMG 28329 b

1    (ii) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 101-10,
3emergency rules to implement the changes made by Public Act
4101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
5Code may be adopted in accordance with this subsection (ii) by
6the Department of Public Health. The adoption of emergency
7rules authorized by this subsection (ii) is deemed to be
8necessary for the public interest, safety, and welfare.
9    (jj) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 101-10,
11emergency rules to implement the changes made by Public Act
12101-10 to Section 74 of the Mental Health and Developmental
13Disabilities Administrative Act may be adopted in accordance
14with this subsection (jj) by the Department of Human Services.
15The adoption of emergency rules authorized by this subsection
16(jj) is deemed to be necessary for the public interest,
17safety, and welfare.
18    (kk) In order to provide for the expeditious and timely
19implementation of the Cannabis Regulation and Tax Act and
20Public Act 101-27, the Department of Revenue, the Department
21of Public Health, the Department of Agriculture, the
22Department of State Police, and the Department of Financial
23and Professional Regulation may adopt emergency rules in
24accordance with this subsection (kk). The rulemaking authority
25granted in this subsection (kk) shall apply only to rules
26adopted before December 31, 2021. Notwithstanding the

 

 

HB4135- 18 -LRB102 19561 CMG 28329 b

1provisions of subsection (c), emergency rules adopted under
2this subsection (kk) shall be effective for 180 days. The
3adoption of emergency rules authorized by this subsection (kk)
4is deemed to be necessary for the public interest, safety, and
5welfare.
6    (ll) In order to provide for the expeditious and timely
7implementation of the provisions of the Leveling the Playing
8Field for Illinois Retail Act, emergency rules may be adopted
9in accordance with this subsection (ll) to implement the
10changes made by the Leveling the Playing Field for Illinois
11Retail Act. The adoption of emergency rules authorized by this
12subsection (ll) is deemed to be necessary for the public
13interest, safety, and welfare.
14    (mm) In order to provide for the expeditious and timely
15implementation of the provisions of Section 25-70 of the
16Sports Wagering Act, emergency rules to implement Section
1725-70 of the Sports Wagering Act may be adopted in accordance
18with this subsection (mm) by the Department of the Lottery as
19provided in the Sports Wagering Act. The adoption of emergency
20rules authorized by this subsection (mm) is deemed to be
21necessary for the public interest, safety, and welfare.
22    (nn) In order to provide for the expeditious and timely
23implementation of the Sports Wagering Act, emergency rules to
24implement the Sports Wagering Act may be adopted in accordance
25with this subsection (nn) by the Illinois Gaming Board. The
26adoption of emergency rules authorized by this subsection (nn)

 

 

HB4135- 19 -LRB102 19561 CMG 28329 b

1is deemed to be necessary for the public interest, safety, and
2welfare.
3    (oo) In order to provide for the expeditious and timely
4implementation of the provisions of subsection (c) of Section
520 of the Video Gaming Act, emergency rules to implement the
6provisions of subsection (c) of Section 20 of the Video Gaming
7Act may be adopted in accordance with this subsection (oo) by
8the Illinois Gaming Board. The adoption of emergency rules
9authorized by this subsection (oo) is deemed to be necessary
10for the public interest, safety, and welfare.
11    (pp) In order to provide for the expeditious and timely
12implementation of the provisions of Section 50 of the Sexual
13Assault Evidence Submission Act, emergency rules to implement
14Section 50 of the Sexual Assault Evidence Submission Act may
15be adopted in accordance with this subsection (pp) by the
16Department of State Police. The adoption of emergency rules
17authorized by this subsection (pp) is deemed to be necessary
18for the public interest, safety, and welfare.
19    (qq) In order to provide for the expeditious and timely
20implementation of the provisions of the Illinois Works Jobs
21Program Act, emergency rules may be adopted in accordance with
22this subsection (qq) to implement the Illinois Works Jobs
23Program Act. The adoption of emergency rules authorized by
24this subsection (qq) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (rr) In order to provide for the expeditious and timely

 

 

HB4135- 20 -LRB102 19561 CMG 28329 b

1implementation of the provisions of subsection (c) of Section
22-3.25 of the School Code, subsection (b) of Section 2-3.25o
3of the School Code, paragraph (1.5) of Section 10-30 of the
4School Code, and paragraph (1.5) of Section 34-18.66 of the
5School Code, emergency rules to implement subsection (c) of
6Section 2-3.25 of the School Code, subsection (b) of Section
72-3.25o of the School Code, paragraph (1.5) of Section 10-30
8of the School Code, and paragraph (1.5) of Section 34-18.66 of
9the School Code may be adopted in accordance with this
10subsection (rr) by the State Board of Education. The adoption
11of emergency rules authorized by this subsection (rr) is
12deemed to be necessary for the public interest, safety, and
13welfare.
14(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
15100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
166-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
17100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
183-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
19eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
20101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
216-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
22101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
238-16-19; 101-601, eff. 12-10-19.)
 
24    Section 10. The School Code is amended by changing
25Sections 2-3.25, 2-3.25o, 10-20, 10-30, 21B-5, and 34-18.66 as

 

 

HB4135- 21 -LRB102 19561 CMG 28329 b

1follows:
 
2    (105 ILCS 5/2-3.25)  (from Ch. 122, par. 2-3.25)
3    Sec. 2-3.25. Standards for schools.
4    (a) To determine for all types of schools conducted under
5this Act efficient and adequate standards for the physical
6plant, heating, lighting, ventilation, sanitation, safety,
7equipment and supplies, instruction and teaching, curriculum,
8library, operation, maintenance, administration and
9supervision, and to issue, refuse to issue or revoke
10certificates of recognition for schools or school districts
11pursuant to standards established hereunder; to determine and
12establish efficient and adequate standards for approval of
13credit for courses given and conducted by schools outside of
14the regular school term.
15    (a-5) On or before July 1, 2021, the State Board of
16Education must adopt revised social science learning standards
17that are inclusive and reflective of all individuals in this
18country.
19    (b) Whenever it appears that a secondary or unit school
20district may be unable to offer courses enabling students in
21grades 9 through 12 to meet the minimum preparation and
22admission requirements for public colleges and universities
23adopted by the Board of Higher Education, the State Board of
24Education shall assist the district in reviewing and analyzing
25its existing curriculum with particular reference to the

 

 

HB4135- 22 -LRB102 19561 CMG 28329 b

1educational needs of all pupils of the district and the
2sufficiency of existing and future revenues and payments
3available to the district for development of a curriculum
4which will provide maximum educational opportunity to pupils
5of the district. The review and analysis may consider
6achievement of this goal not only through implementation of
7traditional classroom methods but also through development of
8and participation in joint educational programs with other
9school districts or institutions of higher education, or
10alternative programs employing modern technological methods
11including but not limited to the use of television,
12telephones, computers, radio and other electronic devices.
13    (c) The State Board of Education shall adopt rules to
14revoke recognition pursuant to subsection (a) for schools or
15school districts that do not comply with public health
16requirements established by the Department of Public Health
17when the Governor has declared a disaster due to a public
18health emergency pursuant to Section 7 of the Illinois
19Emergency Management Agency Act.
20(Source: P.A. 101-654, eff. 3-8-21.)
 
21    (105 ILCS 5/2-3.25o)
22    Sec. 2-3.25o. Registration and recognition of non-public
23elementary and secondary schools.
24    (a) Findings. The General Assembly finds and declares (i)
25that the Constitution of the State of Illinois provides that a

 

 

HB4135- 23 -LRB102 19561 CMG 28329 b

1"fundamental goal of the People of the State is the
2educational development of all persons to the limits of their
3capacities" and (ii) that the educational development of every
4school student serves the public purposes of the State. In
5order to ensure that all Illinois students and teachers have
6the opportunity to enroll and work in State-approved
7educational institutions and programs, the State Board of
8Education shall provide for the voluntary registration and
9recognition of non-public elementary and secondary schools.
10    (b) Registration. All non-public elementary and secondary
11schools in the State of Illinois may voluntarily register with
12the State Board of Education on an annual basis. Registration
13shall be completed in conformance with procedures prescribed
14by the State Board of Education. Information required for
15registration shall include assurances of compliance (i) with
16federal and State laws regarding health examination and
17immunization, attendance, length of term, and
18nondiscrimination and (ii) with applicable fire and health
19safety requirements and assurances that the school will comply
20with public health requirements established by the Department
21of Public Health when the Governor has declared a disaster due
22to a public health emergency pursuant to Section 7 of the
23Illinois Emergency Management Agency Act. All non-public
24elementary and secondary schools must investigate complaints
25of noncompliance with public health requirements. A complaint
26filed with a non-public school does not preclude a complaint

 

 

HB4135- 24 -LRB102 19561 CMG 28329 b

1from being filed with the regional superintendent of schools.
2Regional superintendents of schools must investigate
3complaints received of noncompliance with public health
4requirements at non-public schools. An appeal contesting the
5findings of a regional superintendent of schools may be filed
6with the State Board of Education. Upon receiving notice of an
7appeal, the State Board of Education must investigate
8complaints of noncompliance with public health requirements.
9    (c) Recognition. All non-public elementary and secondary
10schools in the State of Illinois may voluntarily seek the
11status of "Non-public School Recognition" from the State Board
12of Education. This status may be obtained by compliance with
13administrative guidelines and review procedures as prescribed
14by the State Board of Education. The guidelines and procedures
15must recognize that some of the aims and the financial bases of
16non-public schools are different from public schools and will
17not be identical to those for public schools, nor will they be
18more burdensome. The guidelines and procedures must also
19recognize the diversity of non-public schools and shall not
20impinge upon the noneducational relationships between those
21schools and their clientele.
22    (c-5) Prohibition against recognition. A non-public
23elementary or secondary school may not obtain "Non-public
24School Recognition" status unless the school requires all
25certified and non-certified applicants for employment with the
26school, after July 1, 2007, to authorize a fingerprint-based

 

 

HB4135- 25 -LRB102 19561 CMG 28329 b

1criminal history records check as a condition of employment to
2determine if such applicants have been convicted of any of the
3enumerated criminal or drug offenses set forth in Section
421B-80 of this Code or have been convicted, within 7 years of
5the application for employment, of any other felony under the
6laws of this State or of any offense committed or attempted in
7any other state or against the laws of the United States that,
8if committed or attempted in this State, would have been
9punishable as a felony under the laws of this State.
10    Authorization for the check shall be furnished by the
11applicant to the school, except that if the applicant is a
12substitute teacher seeking employment in more than one
13non-public school, a teacher seeking concurrent part-time
14employment positions with more than one non-public school (as
15a reading specialist, special education teacher, or
16otherwise), or an educational support personnel employee
17seeking employment positions with more than one non-public
18school, then only one of the non-public schools employing the
19individual shall request the authorization. Upon receipt of
20this authorization, the non-public school shall submit the
21applicant's name, sex, race, date of birth, social security
22number, fingerprint images, and other identifiers, as
23prescribed by the Department of State Police, to the
24Department of State Police.
25    The Department of State Police and Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

HB4135- 26 -LRB102 19561 CMG 28329 b

1criminal history records check, records of convictions,
2forever and hereafter, until expunged, to the president or
3principal of the non-public school that requested the check.
4The Department of State Police shall charge that school a fee
5for conducting such check, which fee must be deposited into
6the State Police Services Fund and must not exceed the cost of
7the inquiry. Subject to appropriations for these purposes, the
8State Superintendent of Education shall reimburse non-public
9schools for fees paid to obtain criminal history records
10checks under this Section.
11    A non-public school may not obtain recognition status
12unless the school also performs a check of the Statewide Sex
13Offender Database, as authorized by the Sex Offender Community
14Notification Law, for each applicant for employment, after
15July 1, 2007, to determine whether the applicant has been
16adjudicated a sex offender.
17    Any information concerning the record of convictions
18obtained by a non-public school's president or principal under
19this Section is confidential and may be disseminated only to
20the governing body of the non-public school or any other
21person necessary to the decision of hiring the applicant for
22employment. A copy of the record of convictions obtained from
23the Department of State Police shall be provided to the
24applicant for employment. Upon a check of the Statewide Sex
25Offender Database, the non-public school shall notify the
26applicant as to whether or not the applicant has been

 

 

HB4135- 27 -LRB102 19561 CMG 28329 b

1identified in the Sex Offender Database as a sex offender. Any
2information concerning the records of conviction obtained by
3the non-public school's president or principal under this
4Section for a substitute teacher seeking employment in more
5than one non-public school, a teacher seeking concurrent
6part-time employment positions with more than one non-public
7school (as a reading specialist, special education teacher, or
8otherwise), or an educational support personnel employee
9seeking employment positions with more than one non-public
10school may be shared with another non-public school's
11principal or president to which the applicant seeks
12employment. Any unauthorized release of confidential
13information may be a violation of Section 7 of the Criminal
14Identification Act.
15    No non-public school may obtain recognition status that
16knowingly employs a person, hired after July 1, 2007, for whom
17a Department of State Police and Federal Bureau of
18Investigation fingerprint-based criminal history records check
19and a Statewide Sex Offender Database check has not been
20initiated or who has been convicted of any offense enumerated
21in Section 21B-80 of this Code or any offense committed or
22attempted in any other state or against the laws of the United
23States that, if committed or attempted in this State, would
24have been punishable as one or more of those offenses. No
25non-public school may obtain recognition status under this
26Section that knowingly employs a person who has been found to

 

 

HB4135- 28 -LRB102 19561 CMG 28329 b

1be the perpetrator of sexual or physical abuse of a minor under
218 years of age pursuant to proceedings under Article II of the
3Juvenile Court Act of 1987.
4    In order to obtain recognition status under this Section,
5a non-public school must require compliance with the
6provisions of this subsection (c-5) from all employees of
7persons or firms holding contracts with the school, including,
8but not limited to, food service workers, school bus drivers,
9and other transportation employees, who have direct, daily
10contact with pupils. Any information concerning the records of
11conviction or identification as a sex offender of any such
12employee obtained by the non-public school principal or
13president must be promptly reported to the school's governing
14body.
15    Prior to the commencement of any student teaching
16experience or required internship (which is referred to as
17student teaching in this Section) in any non-public elementary
18or secondary school that has obtained or seeks to obtain
19recognition status under this Section, a student teacher is
20required to authorize a fingerprint-based criminal history
21records check. Authorization for and payment of the costs of
22the check must be furnished by the student teacher to the chief
23administrative officer of the non-public school where the
24student teaching is to be completed. Upon receipt of this
25authorization and payment, the chief administrative officer of
26the non-public school shall submit the student teacher's name,

 

 

HB4135- 29 -LRB102 19561 CMG 28329 b

1sex, race, date of birth, social security number, fingerprint
2images, and other identifiers, as prescribed by the Department
3of State Police, to the Department of State Police. The
4Department of State Police and the Federal Bureau of
5Investigation shall furnish, pursuant to a fingerprint-based
6criminal history records check, records of convictions,
7forever and hereinafter, until expunged, to the chief
8administrative officer of the non-public school that requested
9the check. The Department of State Police shall charge the
10school a fee for conducting the check, which fee must be passed
11on to the student teacher, must not exceed the cost of the
12inquiry, and must be deposited into the State Police Services
13Fund. The school shall further perform a check of the
14Statewide Sex Offender Database, as authorized by the Sex
15Offender Community Notification Law, and of the Statewide
16Murderer and Violent Offender Against Youth Database, as
17authorized by the Murderer and Violent Offender Against Youth
18Registration Act, for each student teacher. No school that has
19obtained or seeks to obtain recognition status under this
20Section may knowingly allow a person to student teach for whom
21a criminal history records check, a Statewide Sex Offender
22Database check, and a Statewide Murderer and Violent Offender
23Against Youth Database check have not been completed and
24reviewed by the chief administrative officer of the non-public
25school.
26    A copy of the record of convictions obtained from the

 

 

HB4135- 30 -LRB102 19561 CMG 28329 b

1Department of State Police must be provided to the student
2teacher. Any information concerning the record of convictions
3obtained by the chief administrative officer of the non-public
4school is confidential and may be transmitted only to the
5chief administrative officer of the non-public school or his
6or her designee, the State Superintendent of Education, the
7State Educator Preparation and Licensure Board, or, for
8clarification purposes, the Department of State Police or the
9Statewide Sex Offender Database or Statewide Murderer and
10Violent Offender Against Youth Database. Any unauthorized
11release of confidential information may be a violation of
12Section 7 of the Criminal Identification Act.
13    No school that has obtained or seeks to obtain recognition
14status under this Section may knowingly allow a person to
15student teach who has been convicted of any offense that would
16subject him or her to license suspension or revocation
17pursuant to Section 21B-80 of this Code or who has been found
18to be the perpetrator of sexual or physical abuse of a minor
19under 18 years of age pursuant to proceedings under Article II
20of the Juvenile Court Act of 1987.
21    (d) Public purposes. The provisions of this Section are in
22the public interest, for the public benefit, and serve secular
23public purposes.
24    (e) Definition. For purposes of this Section, a non-public
25school means any non-profit, non-home-based, and non-public
26elementary or secondary school that is in compliance with

 

 

HB4135- 31 -LRB102 19561 CMG 28329 b

1Title VI of the Civil Rights Act of 1964 and attendance at
2which satisfies the requirements of Section 26-1 of this Code.
3    (f) The State Board of Education shall adopt rules to
4revoke registration or recognition, as appropriate, for
5schools that do not comply with public health requirements
6established by the Department of Public Health when the
7Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act.
10(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
11    (105 ILCS 5/10-20)  (from Ch. 122, par. 10-20)
12    Sec. 10-20. Powers of school board. The school board has
13the powers enumerated in the Sections of this Article
14following this Section. This enumeration of powers is not
15exclusive, but the board may exercise all other powers not
16inconsistent with this Act that may be requisite or proper for
17the maintenance, operation, and development of any school or
18schools under the jurisdiction of the board. This grant of
19powers does not release a school board from any duty imposed
20upon it by this Act or any other law. When the Governor has
21declared a disaster due to a public health emergency pursuant
22to Section 7 of the Illinois Emergency Management Agency Act,
23a school board may not pass any resolution that is in
24contravention of any requirement established by the Department
25of Public Health.

 

 

HB4135- 32 -LRB102 19561 CMG 28329 b

1(Source: P.A. 88-670, eff. 12-2-94; 89-159, eff. 1-1-96.)
 
2    (105 ILCS 5/10-30)
3    Sec. 10-30. Remote and blended remote learning. This
4Section applies if the Governor has declared a disaster due to
5a public health emergency pursuant to Section 7 of the
6Illinois Emergency Management Agency Act.
7        (1) If the Governor has declared a disaster due to a
8    public health emergency pursuant to Section 7 of the
9    Illinois Emergency Management Agency Act, the State
10    Superintendent of Education may declare a requirement to
11    use remote learning days or blended remote learning days
12    for a school district, multiple school districts, a
13    region, or the entire State. During remote learning days,
14    schools shall conduct instruction remotely. During blended
15    remote learning days, schools may utilize hybrid models of
16    in-person and remote instruction. Once declared, remote
17    learning days or blended remote learning days shall be
18    implemented in grades pre-kindergarten through 12 as days
19    of attendance and shall be deemed pupil attendance days
20    for calculation of the length of a school term under
21    Section 10-19.
22        (1.5) Nonpublic schools and public school districts
23    must comply with public health requirements established by
24    the Department of Public Health. School districts must
25    investigate complaints of noncompliance with public health

 

 

HB4135- 33 -LRB102 19561 CMG 28329 b

1    requirements. Filing a complaint with a school district
2    does not preclude a complaint from being filed with the
3    regional superintendent of schools. Regional
4    superintendents of schools must investigate complaints
5    received of noncompliance with public health requirements
6    at nonpublic schools and public school districts. An
7    appeal contesting the findings of a regional
8    superintendent of schools may be filed with the State
9    Board of Education. Upon receiving an appeal, the State
10    Board of Education must investigate complaints of
11    noncompliance with public health requirements. The State
12    Superintendent of Education may require nonpublic schools
13    and public school districts to operate fully remotely if
14    the public health requirements established by the
15    Department are not followed. Nonpublic schools and public
16    school districts that do not comply with the requirements
17    of this paragraph are subject to penalties pursuant to
18    Section 2-3.25 or 2-3.25o, as appropriate. The State Board
19    of Education may adopt rules to implement this paragraph.
20        (2) For purposes of this Section, a remote learning
21    day or blended remote learning day may be met through a
22    district's implementation of an e-learning program under
23    Section 10-20.56.
24        (3) For any district that does not implement an
25    e-learning program under Section 10-20.56, the district
26    shall adopt a remote and blended remote learning day plan

 

 

HB4135- 34 -LRB102 19561 CMG 28329 b

1    approved by the district superintendent. Each district may
2    utilize remote and blended remote learning planning days,
3    consecutively or in separate increments, to develop,
4    review, or amend its remote and blended remote learning
5    day plan or provide professional development to staff
6    regarding remote education. Up to 5 remote and blended
7    remote learning planning days may be deemed pupil
8    attendance days for calculation of the length of a school
9    term under Section 10-19.
10        (4) Each remote and blended remote learning day plan
11    shall address the following:
12            (i) accessibility of the remote instruction to all
13        students enrolled in the district;
14            (ii) if applicable, a requirement that the remote
15        learning day and blended remote learning day
16        activities reflect State learning standards;
17            (iii) a means for students to confer with an
18        educator, as necessary;
19            (iv) the unique needs of students in special
20        populations, including, but not limited to, students
21        eligible for special education under Article 14,
22        students who are English learners as defined in
23        Section 14C-2, and students experiencing homelessness
24        under the Education for Homeless Children Act, or
25        vulnerable student populations;
26            (v) how the district will take attendance and

 

 

HB4135- 35 -LRB102 19561 CMG 28329 b

1        monitor and verify each student's remote
2        participation; and
3            (vi) transitions from remote learning to on-site
4        learning upon the State Superintendent's declaration
5        that remote learning days or blended remote learning
6        days are no longer deemed necessary.
7        (5) The district superintendent shall periodically
8    review and amend the district's remote and blended remote
9    learning day plan, as needed, to ensure the plan meets the
10    needs of all students.
11        (6) Each remote and blended remote learning day plan
12    shall be posted on the district's Internet website where
13    other policies, rules, and standards of conduct are posted
14    and shall be provided to students and faculty.
15        (7) This Section does not create any additional
16    employee bargaining rights and does not remove any
17    employee bargaining rights.
18        (8) Statutory and regulatory curricular mandates and
19    offerings may be administered via a district's remote and
20    blended remote learning day plan, except that a district
21    may not offer individual behind-the-wheel instruction
22    required by Section 27-24.2 via a district's remote and
23    blended remote learning day plan. This Section does not
24    relieve schools and districts from completing all
25    statutory and regulatory curricular mandates and
26    offerings.

 

 

HB4135- 36 -LRB102 19561 CMG 28329 b

1(Source: P.A. 101-643, eff. 6-18-20.)
 
2    (105 ILCS 5/21B-5)
3    Sec. 21B-5. Licensure powers of the State Board of
4Education.
5    (a) Recognizing that the education of our citizens is the
6single most important influence on the prosperity and success
7of this State and recognizing that new developments in
8education require a flexible approach to our educational
9system, the State Board of Education, in consultation with the
10State Educator Preparation and Licensure Board, shall have the
11power and authority to do all of the following:
12        (1) Set standards for teaching, supervising, or
13    otherwise holding licensed employment in the public
14    schools of this State and administer the licensure process
15    as provided in this Article.
16        (2) Approve, evaluate, and sanction educator
17    preparation programs.
18        (3) Enter into agreements with other states relative
19    to reciprocal approval of educator preparation programs.
20        (4) Establish standards for the issuance of new types
21    of educator licenses.
22        (5) Establish a code of ethics for all educators.
23        (6) Maintain a system of licensure examination aligned
24    with standards determined by the State Board of Education.
25        (7) Take such other action relating to the improvement

 

 

HB4135- 37 -LRB102 19561 CMG 28329 b

1    of instruction in the public schools as is appropriate and
2    consistent with applicable laws.
3        (8) Take action to sanction any educator or individual
4    licensed under this Code who implements any practice that
5    is in contravention of any public health requirement
6    established by the Department of Public Health when the
7    Governor has declared a disaster due to a public health
8    emergency pursuant to Section 7 of the Illinois Emergency
9    Management Agency Act.
10    (b) Only the State Board of Education, acting in
11accordance with the applicable provisions of this Article and
12rules, shall have the authority to issue or endorse any
13license required for teaching, supervising, or otherwise
14holding licensed employment in the public schools; and no
15other State agency shall have any power or authority (i) to
16establish or prescribe any qualifications or other
17requirements applicable to the issuance or endorsement of any
18such license or (ii) to establish or prescribe any licensure
19or equivalent requirement that must be satisfied in order to
20teach, supervise, or hold licensed employment in the public
21schools.
22(Source: P.A. 100-596, eff. 7-1-18.)
 
23    (105 ILCS 5/34-18.66)
24    Sec. 34-18.66. Remote and blended remote learning. This
25Section applies if the Governor has declared a disaster due to

 

 

HB4135- 38 -LRB102 19561 CMG 28329 b

1a public health emergency pursuant to Section 7 of the
2Illinois Emergency Management Agency Act.
3        (1) If the Governor has declared a disaster due to a
4    public health emergency pursuant to Section 7 of the
5    Illinois Emergency Management Agency Act, the State
6    Superintendent of Education may declare a requirement to
7    use remote learning days or blended remote learning days
8    for the school district, multiple school districts, a
9    region, or the entire State. During remote learning days,
10    schools shall conduct instruction remotely. During blended
11    remote learning days, schools may utilize hybrid models of
12    in-person and remote instruction. Once declared, remote
13    learning days or blended remote learning days shall be
14    implemented in grades pre-kindergarten through 12 as days
15    of attendance and shall be deemed pupil attendance days
16    for calculation of the length of a school term under
17    Section 10-19.
18        (1.5) When individuals are present in school
19    buildings, the school district must comply with public
20    health requirements established by the Department of
21    Public Health. The school district must investigate
22    complaints of noncompliance with public health
23    requirements. Filing a complaint with the school district
24    does not preclude a complaint from being filed with the
25    State Board of Education. The State Board of Education
26    must investigate complaints received of noncompliance with

 

 

HB4135- 39 -LRB102 19561 CMG 28329 b

1    public health requirements in the school district. The
2    State Superintendent of Education may require a school or
3    the school district to operate fully remotely if the
4    public health requirements established by the Department
5    are not followed. If the school district does not comply
6    with the requirements of this paragraph, the school
7    district is subject to penalties pursuant to Section
8    2-3.25. The State Board of Education may adopt rules to
9    implement this paragraph.
10        (2) For purposes of this Section, a remote learning
11    day or blended remote learning day may be met through the
12    district's implementation of an e-learning program under
13    Section 10-20.56.
14        (3) If the district does not implement an e-learning
15    program under Section 10-20.56, the district shall adopt a
16    remote and blended remote learning day plan approved by
17    the general superintendent of schools. The district may
18    utilize remote and blended remote learning planning days,
19    consecutively or in separate increments, to develop,
20    review, or amend its remote and blended remote learning
21    day plan or provide professional development to staff
22    regarding remote education. Up to 5 remote and blended
23    remote learning planning days may be deemed pupil
24    attendance days for calculation of the length of a school
25    term under Section 10-19.
26        (4) Each remote and blended remote learning day plan

 

 

HB4135- 40 -LRB102 19561 CMG 28329 b

1    shall address the following:
2            (i) accessibility of the remote instruction to all
3        students enrolled in the district;
4            (ii) if applicable, a requirement that the remote
5        learning day and blended remote learning day
6        activities reflect State learning standards;
7            (iii) a means for students to confer with an
8        educator, as necessary;
9            (iv) the unique needs of students in special
10        populations, including, but not limited to, students
11        eligible for special education under Article 14,
12        students who are English learners as defined in
13        Section 14C-2, and students experiencing homelessness
14        under the Education for Homeless Children Act, or
15        vulnerable student populations;
16            (v) how the district will take attendance and
17        monitor and verify each student's remote
18        participation; and
19            (vi) transitions from remote learning to on-site
20        learning upon the State Superintendent's declaration
21        that remote learning days or blended remote learning
22        days are no longer deemed necessary.
23        (5) The general superintendent of schools shall
24    periodically review and amend the district's remote and
25    blended remote learning day plan, as needed, to ensure the
26    plan meets the needs of all students.

 

 

HB4135- 41 -LRB102 19561 CMG 28329 b

1        (6) Each remote and blended remote learning day plan
2    shall be posted on the district's Internet website where
3    other policies, rules, and standards of conduct are posted
4    and shall be provided to students and faculty.
5        (7) This Section does not create any additional
6    employee bargaining rights and does not remove any
7    employee bargaining rights.
8        (8) Statutory and regulatory curricular mandates and
9    offerings may be administered via the district's remote
10    and blended remote learning day plan, except that the
11    district may not offer individual behind-the-wheel
12    instruction required by Section 27-24.2 via the district's
13    remote and blended remote learning day plan. This Section
14    does not relieve schools and the district from completing
15    all statutory and regulatory curricular mandates and
16    offerings.
17(Source: P.A. 101-643, eff. 6-18-20.)