HB2789eng 102ND GENERAL ASSEMBLY

HB2789 Engrossed LRB102 10539 CMG 15868 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-705 as follows:

(20 ILCS 2310/2310-705 new)

Sec. 2310-705. In-person instruction at schools. The Department shall establish requirements by rule for providing in-person instruction at nonpublic schools and public schools that include, but are not limited to, personal protective equipment, cleaning and hygiene, social distancing, occupancy limits, symptom screening, and on-site isolation protocols and shall disseminate information about those requirements to nonpublic schools and public schools with the assistance of the Illinois State Board of Education. The authority to enforce the rules adopted pursuant to this Section lies with the Department and local departments of public health. Upon receipt of a complaint that a school cannot or is not complying with the Department's rules under this Section, the Department or local public health department shall investigate the complaint within 45 days after receiving the complaint. If upon investigation, a school is found to be in violation of the rules adopted under this Section, the Department has the authority to take the appropriate action necessary to promote the health or protect the safety of students, staff, and the public, including, but not limited to, closure of a classroom, gym, library, lunch room, or any other school space until such time that the Department determines that the violation or violations have been remedied. Nothing in this Section limits the authority or requirements of the Department or local public health departments. All complaints and related documents shall be maintained and are subject to applicable disclosure requirements under the Freedom of Information Act.

Section 10. The School Code is amended by adding Section 22-92 as follows:

(105 ILCS 5/22-92 new)

Sec. 22-92. In-person instruction. In order to provide in-person instruction, nonpublic schools and public schools must follow the requirements adopted by rule by the Department of Public Health under Section 2310-705 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code.

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