Illinois General Assembly - Full Text of SB3119
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Full Text of SB3119  99th General Assembly


Sen. Don Harmon

Filed: 3/30/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3119 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
513-45 as follows:
6    (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)
7    Sec. 13-45. Other provisions of this Code shall not apply
8to the Department of Juvenile Justice School District being all
9of the following Articles and Sections: Articles 3, 3A, 4, 5,
106, 7, 8, and 9, those Sections of Article 10 in conflict with
11any provisions of Sections 13-40 through 13-45, and Articles
1211, 12, 15, 17, 18, 19, 19A, 20, 22, 24, 24A, 26, 31, 32, 33,
13and 34. Also Article 28 shall not apply except that this School
14District may use any funds available from State, Federal and
15other funds for the purchase of textbooks, apparatus and



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1    Other requirements of school districts, school boards, or
2schools provided by any other statute of this State first
3enacted on or after the effective date of this amendatory Act
4of the 99th General Assembly shall not apply to the Department
5of Juvenile Justice School District, its school board, or its
6schools unless the statutory requirement explicitly states
7that it is applicable to the Department of Juvenile Justice
8School District, its school board, or its schools.
9(Source: P.A. 98-689, eff. 1-1-15.)
10    Section 10. The Illinois School Student Records Act is
11amended by changing Section 2 as follows:
12    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
13    Sec. 2. As used in this Act: ,
14    (a) "Student" means any person enrolled or previously
15enrolled in a school.
16    (b) "School" means any public preschool, day care center,
17kindergarten, nursery, elementary or secondary educational
18institution, vocational school, special educational facility
19or any other elementary or secondary educational agency or
20institution and any person, agency or institution which
21maintains school student records from more than one school, but
22does not include a private or non-public school. "School" also
23includes a school established by the Department of Juvenile
24Justice School District under Article 13 of the School Code.



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1    (c) "State Board" means the State Board of Education.
2    (d) "School Student Record" means any writing or other
3recorded information concerning a student and by which a
4student may be individually identified, maintained by a school
5or at its direction or by an employee of a school, regardless
6of how or where the information is stored. The following shall
7not be deemed school student records under this Act: writings
8or other recorded information maintained by an employee of a
9school or other person at the direction of a school for his or
10her exclusive use; provided that all such writings and other
11recorded information are destroyed not later than the student's
12graduation or permanent withdrawal from the school; and
13provided further that no such records or recorded information
14may be released or disclosed to any person except a person
15designated by the school as a substitute unless they are first
16incorporated in a school student record and made subject to all
17of the provisions of this Act. School student records shall not
18include information maintained by law enforcement
19professionals working in the school.
20    (e) "Student Permanent Record" means the minimum personal
21information necessary to a school in the education of the
22student and contained in a school student record. Such
23information may include the student's name, birth date,
24address, grades and grade level, parents' names and addresses,
25attendance records, and such other entries as the State Board
26may require or authorize.



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1    (f) "Student Temporary Record" means all information
2contained in a school student record but not contained in the
3student permanent record. Such information may include family
4background information, intelligence test scores, aptitude
5test scores, psychological and personality test results,
6teacher evaluations, and other information of clear relevance
7to the education of the student, all subject to regulations of
8the State Board. The information shall include information
9provided under Section 8.6 of the Abused and Neglected Child
10Reporting Act. In addition, the student temporary record shall
11include information regarding serious disciplinary infractions
12that resulted in expulsion, suspension, or the imposition of
13punishment or sanction. For purposes of this provision, serious
14disciplinary infractions means: infractions involving drugs,
15weapons, or bodily harm to another.
16    (g) "Parent" means a person who is the natural parent of
17the student or other person who has the primary responsibility
18for the care and upbringing of the student. All rights and
19privileges accorded to a parent under this Act shall become
20exclusively those of the student upon his 18th birthday,
21graduation from secondary school, marriage or entry into
22military service, whichever occurs first. Such rights and
23privileges may also be exercised by the student at any time
24with respect to the student's permanent school record.
25(Source: P.A. 92-295, eff. 1-1-02.)



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1    Section 15. The Interscholastic Athletic Organization Act
2is amended by adding Section 0.05 as follows:
3    (105 ILCS 25/0.05 new)
4    Sec. 0.05. Definition of terms. For the purposes of this
5Act, "school" or "school district" does not include the
6Department of Juvenile Justice School District under Article 13
7of the School Code or its schools.
8    Section 20. The Education for Homeless Children Act is
9amended by changing Section 1-5 as follows:
10    (105 ILCS 45/1-5)
11    Sec. 1-5. Definitions. As used in this Act:
12    "School" does not include any school within the Department
13of Juvenile Justice School District under Article 13 of the
14School Code.
15    "School of origin" means the school that the child attended
16when permanently housed or the school in which the child was
17last enrolled.
18    "Parent" means the parent or guardian having legal or
19physical custody of a child.
20    "Homeless person, child, or youth" includes, but is not
21limited to, any of the following:
22        (1) An individual who lacks a fixed, regular, and
23    adequate nighttime place of abode.



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1        (2) An individual who has a primary nighttime place of
2    abode that is:
3            (A) a supervised publicly or privately operated
4        shelter designed to provide temporary living
5        accommodations (including welfare hotels, congregate
6        shelters, and transitional housing);
7            (B) an institution that provides a temporary
8        residence for individuals intended to be
9        institutionalized; or
10            (C) a public or private place not designed for or
11        ordinarily used as a regular sleeping accommodation
12        for human beings.
13(Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95.)
14    Section 25. The Right to Privacy in the School Setting Act
15is amended by changing Section 5 as follows:
16    (105 ILCS 75/5)
17    Sec. 5. Definitions. In this Act:
18    "Elementary or secondary school" means a public elementary
19or secondary school or school district or a nonpublic school
20recognized by the State Board of Education. "Elementary or
21secondary school" does not include any school within the
22Department of Juvenile Justice School District under Article 13
23of the School Code.
24    "Post-secondary school" means an institution of higher



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1learning as defined in the Higher Education Student Assistance
2Act. "Post-secondary school" does not include any school within
3the Department of Juvenile Justice School District under
4Article 13 of the School Code.
5    "Social networking website" means an Internet-based
6service that allows individuals to do the following:
7        (1) construct a public or semi-public profile within a
8    bounded system created by the service;
9        (2) create a list of other users with whom they share a
10    connection within the system; and
11        (3) view and navigate their list of connections and
12    those made by others within the system.
13"Social networking website" does not include electronic mail.
14(Source: P.A. 98-129, eff. 1-1-14.)
15    Section 30. The Critical Health Problems and Comprehensive
16Health Education Act is amended by changing Section 2 as
18    (105 ILCS 110/2)  (from Ch. 122, par. 862)
19    Sec. 2. Definitions.
20    (a) The following term has the following meaning, except as
21the context otherwise requires:
22    "Comprehensive Health Education Program": a systematic and
23extensive educational program designed to provide a variety of
24learning experiences based upon scientific knowledge of the



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1human organism as it functions within its environment which
2will favorably influence the knowledge, attitudes, values and
3practices of Illinois school youth; and which will aid them in
4making wise personal decisions in matters of health.
5    (b) For the purposes of this Act, "school district",
6"school board", or "school" does not include the Department of
7Juvenile Justice School District under Article 13 of the School
8Code or its school board or schools.
9(Source: P.A. 99-78, eff. 7-20-15.)
10    Section 35. The Eye Protection in School Act is amended by
11changing Section 1 as follows:
12    (105 ILCS 115/1)  (from Ch. 122, par. 698.11)
13    Sec. 1. Every student, teacher and visitor is required to
14wear an industrial quality eye protective device when
15participating in or observing any of the following courses in
16schools, colleges and universities:
17        (a) vocational or industrial arts shops or
18    laboratories involving experience with the following: hot
19    molten metals; milling, sawing, turning, shaping, cutting,
20    grinding or stamping of any solid materials; heat
21    treatment, tempering or kiln firing of any metal or other
22    materials; gas or electric arc welding; repair or servicing
23    of any vehicle; caustic or explosive materials;
24        (b) chemical or combined chemical-physical



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1    laboratories involving caustic or explosive chemicals or
2    hot liquids or solids.
3    Such devices may be furnished for all students and
4teachers, and shall be furnished for all visitors to such
5classrooms and laboratories.
6    The State Board of Education shall establish nationally
7accepted standards for such devices.
8    For the purposes of this Section, "schools" does not
9include schools within the Department of Juvenile Justice
10School District under Article 13 of the School Code.
11(Source: P.A. 88-9.)
12    Section 40. The School Breakfast and Lunch Program Act is
13amended by changing Section 1 as follows:
14    (105 ILCS 125/1)  (from Ch. 122, par. 712.1)
15    Sec. 1. Definitions. For the purposes of this Act:
16    "School board" means school principal, directors, board of
17education and board of school inspectors of public and private
18schools. "School board" also includes the Board of Education of
19the Department of Juvenile Justice School District established
20under Article 13 of the School Code.
21    "Welfare center" means an institution not otherwise
22receiving funds from any governmental agency, serving
23breakfasts or lunches to children of school age or under, in
24conformance with the authorized free breakfast program, school



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1breakfast program, free lunch program, or school lunch program.
2    "Free breakfast program" means those programs through
3which school boards may supply needy children in their
4respective districts with free school breakfasts.
5    "Free lunch program" means those programs through which
6school boards supply all of the needy children in their
7respective districts with free school lunches.
8    "School breakfast program" means a school breakfast
9program that meets the requirements for school breakfast
10programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771
11et seq.).
12    "School lunch program" means a school lunch program that
13meets the requirements for school lunch programs under the
14National School Lunch Act (42 U.S.C. 1751 et seq.).
15    "Comptroller" means Comptroller of the State of Illinois.
16(Source: P.A. 91-843, eff. 6-22-00.)
17    Section 45. The Childhood Hunger Relief Act is amended by
18changing Section 10 as follows:
19    (105 ILCS 126/10)
20    Sec. 10. Definitions. In this Act:
21    "Hunger" means a symptom of poverty caused by a lack of
22resources that prevents the purchasing of a nutritionally
23adequate diet resulting in a chronic condition of being



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1    "Food insecurity" means a limited or uncertain
2availability of nutritionally adequate foods.
3    "Food security" means ensured access to enough food for an
4active, healthy life.
5    "School" or "school district" does not include the
6Department of Juvenile Justice School District under Article 13
7of the School Code or its schools.
8    "School Breakfast Program" means the federal child
9nutrition entitlement program that helps serve nourishing
10low-cost breakfast meals to school children. In addition to
11cash assistance, participating schools get foods donated by and
12technical guidance from the United States Department of
13Agriculture. Payments to schools are higher for meals served to
14children who qualify, on the basis of family size and income,
15for free or reduced-price meals. The program is administered in
16Illinois by the State Board of Education.
17    "Summer Food Service Program" means the federal child
18nutrition entitlement program that helps communities serve
19meals to needy children when school is not in session. The
20United States Department of Agriculture reimburses sponsors
21for operating costs of food services up to a specific maximum
22rate for each meal served. In addition, sponsors receive some
23reimbursement for planning and supervising expenses. The
24program in Illinois is administered by the State Board of
26(Source: P.A. 93-1086, eff. 2-15-05.)



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1    Section 50. The School Safety Drill Act is amended by
2changing Section 5 as follows:
3    (105 ILCS 128/5)
4    Sec. 5. Definitions. In this Act:
5    "First responder" means and includes all fire departments
6and districts, law enforcement agencies and officials,
7emergency medical responders, and emergency management
8officials involved in the execution and documentation of the
9drills administered under this Act.
10    "School" means a public or private facility that offers
11elementary or secondary education to students under the age of
1221. As used in this definition, "public facility" means a
13facility operated by the State or by a unit of local
14government. As used in this definition, "private facility"
15means any non-profit, non-home-based, non-public elementary or
16secondary school that is in compliance with Title VI of the
17Civil Rights Act of 1964 and attendance at which satisfies the
18requirements of Section 26-1 of the School Code. While more
19than one school may be housed in a facility, for purposes of
20this Act, the facility shall be considered a school. When a
21school has more than one location, for purposes of this Act,
22each different location shall be considered its own school.
23"School" does not include any school within the Department of
24Juvenile Justice School District under Article 13 of the School



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2    "School safety drill" means a pre-planned exercise
3conducted by a school in accordance with the drills and
4requirements set forth in this Act.
5(Source: P.A. 94-600, eff. 8-16-05.)
6    Section 55. The Toxic Art Supplies in Schools Act is
7amended by changing Section 3 as follows:
8    (105 ILCS 135/3)  (from Ch. 122, par. 1603)
9    Sec. 3. For the purpose of this Act, unless the context
10requires otherwise:
11    (a) "Art or craft material" means any raw or processed
12material or manufactured product marketed or being represented
13by the manufacturer or repackager as being suitable for use in
14the demonstration or the creation of any work of visual or
15graphic art in any medium. Such media may include, but need not
16be limited to, paintings, drawings, prints, sculpture,
17ceramics, enamels, jewelry, stained glass, plastic sculpture,
18photographs, and leather and textile goods.
19    (b) "Human carcinogen" means any substance listed as a
20human carcinogen by the International Agency for Research on
21Cancer or by the National Toxicology Program of the U.S.
22Department of Health and Human Services.
23    (c) "Potential human carcinogen" means one of the



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1        (1) any substance which does not meet the definition of
2    human carcinogen, but for which there exists sufficient
3    evidence of carcinogenicity in animals, as determined by
4    the International Agency for Research on Cancer or the
5    National Toxicology Program of the U.S. Department of
6    Health and Human Services; or
7        (2) any chemical shown to be changed by the human body
8    into a human carcinogen.
9    (d) "Toxic substance" means any of the following:
10        (1) human carcinogens;
11        (2) potential human carcinogens;
12        (3) any substance having a potential for causing a
13    chronic adverse health effect as determined pursuant to
14    ASTM Standard D 4236 of the American Society for Testing
15    and Materials or latest revision.
16    For the purposes of this Act, an art or craft material
17shall be presumed to contain an ingredient which is a toxic
18substance if the ingredient, whether an intentional ingredient
19or an impurity, constitutes 1% or more by weight of the
21    (e) "Department" means the Illinois Department of Public
23    (f) "School" or "school district" does not include the
24Department of Juvenile Justice School District under Article 13
25of the School Code or its schools.
26(Source: P.A. 84-725.)



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1    Section 60. The Care of Students with Diabetes Act is
2amended by changing Section 10 as follows:
3    (105 ILCS 145/10)
4    Sec. 10. Definitions. As used in this Act:
5    "Delegated care aide" means a school employee who has
6agreed to receive training in diabetes care and to assist
7students in implementing their diabetes care plan and has
8entered into an agreement with a parent or guardian and the
9school district or private school.
10    "Diabetes care plan" means a document that specifies the
11diabetes-related services needed by a student at school and at
12school-sponsored activities and identifies the appropriate
13staff to provide and supervise these services.
14    "Health care provider" means a physician licensed to
15practice medicine in all of its branches, advanced practice
16nurse who has a written agreement with a collaborating
17physician who authorizes the provision of diabetes care, or a
18physician assistant who has a written supervision agreement
19with a supervising physician who authorizes the provision of
20diabetes care.
21    "Principal" means the principal of the school.
22    "School" means any primary or secondary public, charter, or
23private school located in this State. "School" does not include
24any school within the Department of Juvenile Justice School



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1District under Article 13 of the School Code.
2    "School employee" means a person who is employed by a
3public school district or private school, a person who is
4employed by a local health department and assigned to a school,
5or a person who contracts with a school or school district to
6perform services in connection with a student's diabetes care
7plan. This definition must not be interpreted as requiring a
8school district or private school to hire additional personnel
9for the sole purpose of serving as a designated care aide.
10(Source: P.A. 96-1485, eff. 12-1-10.)
11    Section 65. The Physical Fitness Facility Medical
12Emergency Preparedness Act is amended by changing Section 5.25
13as follows:
14    (210 ILCS 74/5.25)
15    Sec. 5.25. Physical fitness facility.
16    (a) "Physical fitness facility" means the following:
17        (1) Any of the following indoor facilities that is (i)
18    owned or operated by a park district, municipality, or
19    other unit of local government, including a home rule unit,
20    or by a public or private elementary or secondary school,
21    college, university, or technical or trade school and (ii)
22    supervised by one or more persons, other than maintenance
23    or security personnel, employed by the unit of local
24    government, school, college, or university for the purpose



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1    of directly supervising the physical fitness activities
2    taking place at any of these indoor facilities: a swimming
3    pool; stadium; athletic field; football stadium; soccer
4    field; baseball diamond; track and field facility; tennis
5    court; basketball court; or volleyball court; or similar
6    facility as defined by Department rule.
7        (1.5) Any of the following outdoor facilities that is
8    (i) owned by a municipality, township, or other unit of
9    local government, including a home rule unit, or by a
10    public or private elementary or secondary school, college,
11    university, or technical or trade school and (ii)
12    supervised by one or more persons, other than maintenance
13    or security personnel, employed by the unit of local
14    government, school, college, or university for the purpose
15    of directly supervising the physical fitness activities
16    taking place at any of these facilities: a swimming pool;
17    athletic field; football stadium; soccer field; baseball
18    diamond; track and field facility; tennis court;
19    basketball court; or volleyball court; or similar facility
20    as defined by Department rule.
21        The term does not include any facility during any
22    activity or program organized by a private or
23    not-for-profit organization and organized and supervised
24    by a person or persons other than the employees of the unit
25    of local government, school, college, or university.
26        As used in this subdivision (1.5), "school" does not



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1    include any school within the Department of Juvenile
2    Justice School District under Article 13 of the School
3    Code.
4        (2) Except as provided in subsection (b), any other
5    indoor or outdoor establishment, whether public or
6    private, that provides services or facilities focusing on
7    cardiovascular exertion or gaming as defined by Department
8    rule.
9    (b) "Physical fitness facility" does not include a facility
10serving less than a total of 100 individuals. For purposes of
11this Act, "individuals" includes only those persons actively
12engaged in physical exercise that uses large muscle groups and
13that substantially increases the heart rate. In addition, the
14term does not include (i) a facility located in a hospital or
15in a hotel or motel, (ii) any outdoor facility owned or
16operated by a park district organized under the Park District
17Code, the Chicago Park District Act, or the Metro-East Park and
18Recreation District Act, or (iii) any facility owned or
19operated by a forest preserve district organized under the
20Downstate Forest Preserve District Act or the Cook County
21Forest Preserve District Act or a conservation district
22organized under the Conservation District Act. The term also
23does not include any facility that does not employ any persons
24to provide instruction, training, or assistance for persons
25using the facility.
26(Source: P.A. 95-712, eff. 1-1-09; 96-873, eff. 1-21-10.)



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1    Section 70. The Structural Pest Control Act is amended by
2changing Section 3.26 as follows:
3    (225 ILCS 235/3.26)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 3.26. "School" means any structure used as a public
6school in this State. "School" does not include any school
7within the Department of Juvenile Justice School District under
8Article 13 of the School Code.
9(Source: P.A. 91-525, eff. 8-1-00; reenacted by P.A. 95-786,
10eff. 8-7-08.)
11    Section 75. The Missing Children Records Act is amended by
12changing Section 1 as follows:
13    (325 ILCS 50/1)  (from Ch. 23, par. 2281)
14    Sec. 1. Definitions. As used in this Act, unless the
15context requires otherwise:
16    (a) "Custodian" means the State Registrar of Vital Records,
17local registrars of vital records appointed by the State
18Registrar and county clerks.
19    (b) "Department" means the Illinois Department of State
21    (c) "Missing person" means a person 17 years old or younger
22reported to any law enforcement authority as abducted, lost or



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1a runaway.
2    (d) "Registrar" means the State Registrar of Vital Records.
3    (e) "School" does not include any school within the
4Department of Juvenile Justice School District under Article 13
5of the School Code.
6(Source: P.A. 84-1430.)
7    Section 80. The Lawn Care Products Application and Notice
8Act is amended by changing Section 2 as follows:
9    (415 ILCS 65/2)  (from Ch. 5, par. 852)
10    Sec. 2. Definitions. For purposes of this Act:
11    "Application" means the spreading of lawn care products on
12a lawn.
13    "Applicator for hire" means any person who makes an
14application of lawn care products to a lawn or lawns for
15compensation, including applications made by an employee to
16lawns owned, occupied or managed by his employer and includes
17those licensed by the Department as licensed commercial
18applicators, commercial not-for-hire applicators, licensed
19public applicators, certified applicators and licensed
20operators and those otherwise subject to the licensure
21provisions of the Illinois Pesticide Act, as now or hereafter
23    "Buffer" means an area adjacent to a body of water that is
24left untreated with any fertilizer.



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1    "Day care center" means any facility that qualifies as a
2"day care center" under the Child Care Act of 1969.
3    "Department" means the Illinois Department of Agriculture.
4    "Department of Public Health" means the Illinois
5Department of Public Health.
6    "Facility" means a building or structure and appurtenances
7thereto used by an applicator for hire for storage and handling
8of pesticides or the storage or maintenance of pesticide
9application equipment or vehicles.
10    "Fertilizer" means any substance containing nitrogen,
11phosphorus or potassium or other recognized plant nutrient or
12compound, which is used for its plant nutrient content.
13    "Golf course" means an area designated for the play or
14practice of the game of golf, including surrounding grounds,
15trees, ornamental beds and the like.
16    "Golf course superintendent" means any person entrusted
17with and employed for the care and maintenance of a golf
19    "Impervious surface" means any structure, surface, or
20improvement that reduces or prevents absorption of stormwater
21into land, and includes pavement, porous paving, paver blocks,
22gravel, crushed stone, decks, patios, elevated structures, and
23other similar structures, surfaces, or improvements.
24    "Lawn" means land area covered with turf kept closely mown
25or land area covered with turf and trees or shrubs. The term
26does not include (1) land area used for research for



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1agricultural production or for the commercial production of
2turf, (2) land area situated within a public or private
3right-of-way, or (3) land area which is devoted to the
4production of any agricultural commodity, including, but not
5limited to plants and plant parts, livestock and poultry and
6livestock or poultry products, seeds, sod, shrubs and other
7products of agricultural origin raised for sale or for human or
8livestock consumption.
9    "Lawn care products" means fertilizers or pesticides
10applied or intended for application to lawns.
11    "Lawn repair products" means seeds, including seeding
12soils, that contain or are coated with or encased in fertilizer
14    "Person" means any individual, partnership, association,
15corporation or State governmental agency, school district,
16unit of local government and any agency thereof. For the
17purposes of this definition, "school district" does not include
18the Department of Juvenile Justice School District under
19Article 13 of the School Code.
20    "Pesticide" means any substance or mixture of substances
21defined as a pesticide under the Illinois Pesticide Act, as now
22or hereafter amended.
23    "Plant protectants" means any substance or material used to
24protect plants from infestation of insects, fungi, weeds and
25rodents, or any other substance that would benefit the overall
26health of plants.



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1    "Soil test" means a chemical and mechanical analysis of
2soil nutrient values and pH level as it relates to the soil and
3development of a lawn.
4    "Spreader" means any commercially available fertilizing
5device used to evenly distribute fertilizer material.
6    "Turf" means the upper stratum of soils bound by grass and
7plant roots into a thick mat.
8    "0% phosphate fertilizer" means a fertilizer that contains
9no more than 0.67% available phosphoric acid (P2O5).
10(Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
11    Section 85. The Movable Soccer Goal Safety Act is amended
12by changing Section 5 as follows:
13    (430 ILCS 145/5)
14    Sec. 5. Definitions. As used in this Act:
15    "Movable soccer goal" means a freestanding structure
16consisting of at least 2 upright posts, a crossbar, and support
17bars that is designed:
18        (1) to be used by adults or children for the purposes
19    of a soccer goal;
20        (2) to be used without any other form of support or
21    restraint (other than pegs, stakes, augers,
22    counter-weights, or other types of temporary anchoring
23    devices); and
24        (3) to be able to be moved to different locations.



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1    "Organization" means any park district, school district,
2sporting club, soccer organization, unit of local government,
3religious organization, business, or other similar
4organization that uses, owns, or maintains a movable soccer
5goal. For the purposes of this definition, "school district"
6does not include the Department of Juvenile Justice School
7District under Article 13 of the School Code.
8(Source: P.A. 97-234, eff. 8-2-11.)
9    Section 90. The Illinois Vehicle Code is amended by
10changing Section 11-1414.1 and by adding Section 12-800.5 as
12    (625 ILCS 5/11-1414.1)  (from Ch. 95 1/2, par. 11-1414.1)
13    Sec. 11-1414.1. School transportation of students.
14    (a) Every student enrolled in grade 12 or below in any
15entity listed in subsection (a) of Section 1-182 of this Code
16must be transported in a school bus or a vehicle described in
17subdivision (1) or (2) of subsection (b) of Section 1-182 of
18this Code for any curriculum-related school activity, except a
19student in any of grades 9 through 12 may be transported in a
20multi-function school activity bus (MFSAB) as defined in
21Section 1-148.3a-5 of this Code for any curriculum-related
22activity except for transportation on regular bus routes from
23home to school or from school to home, subject to the following



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1        (i) A MFSAB may not be used to transport students under
2    this Section unless the driver holds a valid school bus
3    driver permit.
4        (ii) The use of a MFSAB under this Section is subject
5    to the requirements of Sections 6-106.11, 6-106.12,
6    12-707.01, 13-101, and 13-109 of this Code.
7    "Curriculum-related school activity" as used in this
8subsection (a) includes transportation from home to school or
9from school to home, tripper or shuttle service between school
10attendance centers, transportation to a vocational or career
11center or other trade-skill development site or a regional safe
12school or other school-sponsored alternative learning program,
13or a trip that is directly related to the regular curriculum of
14a student for which he or she earns credit.
15    (b) Every student enrolled in grade 12 or below in any
16entity listed in subsection (a) of Section 1-182 of this Code
17who is transported in a vehicle that is being operated by or
18for a public or private primary or secondary school, including
19any primary or secondary school operated by a religious
20institution, for an interscholastic, interscholastic-athletic,
21or school-sponsored, noncurriculum-related activity that (i)
22does not require student participation as part of the
23educational services of the entity and (ii) is not associated
24with the students' regular class-for-credit schedule shall
25transport students only in a school bus or vehicle described in
26subsection (b) of Section 1-182 of this Code. This subsection



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1(b) does not apply to any second division vehicle used by an
2entity listed in subsection (a) of Section 1-182 of this Code
3for a parade, homecoming, or a similar noncurriculum-related
4school activity.
5    (c) This Section does not apply with respect to the
6Department of Juvenile Justice School District under Article 13
7of the School Code or its schools.
8(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
9    (625 ILCS 5/12-800.5 new)
10    Sec. 12-800.5. Application of Article. This Article does
11not apply with respect to the Department of Juvenile Justice
12School District under Article 13 of the School Code or its