Full Text of HB2789 102nd General Assembly
HB2789ham001 102ND GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2789
| 2 | | AMENDMENT NO. ______. Amend House Bill 2789 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by adding Section 2310-705 as follows: | 7 | | (20 ILCS 2310/2310-705 new) | 8 | | Sec. 2310-705. Public health emergency; schools and | 9 | | institutions of higher education. | 10 | | (a) This Section applies if the Governor has declared a | 11 | | disaster due to a public health emergency pursuant to Section | 12 | | 7 of the Illinois Emergency Management Agency Act. | 13 | | (b) The Department shall establish metrics and develop | 14 | | recommended guidelines for school districts and public | 15 | | institutions of higher education to use during the public | 16 | | health emergency in determining if the district or institution |
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| 1 | | may safely conduct in-person instruction or if the district or | 2 | | institution must implement remote learning or blended remote | 3 | | learning to keep students and staff safe. In establishing the | 4 | | metrics and developing the recommended guidelines, the | 5 | | Department shall follow all guidelines issued by the Centers | 6 | | for Disease Control and Prevention of the United States | 7 | | Department of Health and Human Services pertaining to schools | 8 | | and institutions of higher education during the public health | 9 | | emergency. | 10 | | The metrics and recommended guidelines shall be regularly | 11 | | updated based on available information. | 12 | | The Department shall post the metrics and recommended | 13 | | guidelines and any updates on its Internet website. | 14 | | (c) The Department shall be responsible for providing | 15 | | rapid COVID-19 testing in public schools and public | 16 | | institutions of higher education so infected students and | 17 | | staff can be identified before they spread the virus. Payment | 18 | | for the rapid COVID-19 testing shall come from federal relief | 19 | | funds. | 20 | | Section 10. The School Code is amended by adding Sections | 21 | | 10-20.75, 34-18.67, and 34-18.68 and by changing Section 24-6 | 22 | | as follows: | 23 | | (105 ILCS 5/10-20.75 new) | 24 | | Sec. 10-20.75. Public health emergency; safe reopening |
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| 1 | | plan. | 2 | | (a) This Section applies if the Governor has declared a | 3 | | disaster due to a public health emergency pursuant to Section | 4 | | 7 of the Illinois Emergency Management Agency Act. | 5 | | (b) During the public health emergency, a school board and | 6 | | the exclusive bargaining representative of the district's | 7 | | teachers, if any, shall negotiate the procedures and protocols | 8 | | that shall be implemented to safely conduct in-person | 9 | | instruction. The procedures and protocols agreed to by the | 10 | | school board and the exclusive bargaining representative shall | 11 | | become part of the district's plan to reopen schools safely. | 12 | | The State Board of Education and the Department of Public | 13 | | Health shall enforce the terms of the plan. | 14 | | (c) If the school board and the exclusive bargaining | 15 | | representative cannot agree on the procedures and protocols | 16 | | that shall be implemented to safely conduct in-person | 17 | | instruction, the school board shall follow the recommended | 18 | | guidelines developed by the Department of Public Health under | 19 | | Section 2310-705 of the Department of Public Health Powers and | 20 | | Duties Law of the
Civil Administrative Code of Illinois.
| 21 | | (105 ILCS 5/24-6)
| 22 | | Sec. 24-6. Sick leave. The school boards of all school | 23 | | districts, including special charter
districts, but not | 24 | | including school districts in municipalities of 500,000
or | 25 | | more, shall grant their full-time teachers, and also shall |
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| 1 | | grant
such of their other employees as are eligible to | 2 | | participate in the
Illinois Municipal Retirement Fund under | 3 | | the "600-Hour Standard"
established, or under such other | 4 | | eligibility participation standard as may
from time to time be | 5 | | established, by rules and regulations now or hereafter
| 6 | | promulgated by the Board of that Fund under Section 7-198 of | 7 | | the Illinois
Pension Code, as now or hereafter amended, sick | 8 | | leave
provisions not less in amount than 10 days at full pay in | 9 | | each school year.
If any such teacher or employee does not use | 10 | | the full amount of annual leave
thus allowed, the unused | 11 | | amount shall be allowed to accumulate to a minimum
available | 12 | | leave of 180 days at full pay, including the leave of the | 13 | | current
year. Sick leave shall be interpreted to mean personal | 14 | | illness, quarantine
at home, serious illness or death in the | 15 | | immediate family or household, or
birth, adoption, or | 16 | | placement for adoption.
The school board may require a | 17 | | certificate from a physician licensed in Illinois to practice | 18 | | medicine and surgery in all its branches, a chiropractic | 19 | | physician licensed under the Medical Practice Act of 1987, a | 20 | | licensed advanced practice registered nurse, a licensed | 21 | | physician assistant, or, if the treatment
is by prayer or | 22 | | spiritual means, a spiritual adviser or
practitioner of the | 23 | | teacher's or employee's faith as a basis for pay during leave | 24 | | after
an absence of 3 days for personal illness or 30 days for | 25 | | birth or as the school board may deem necessary in
other cases. | 26 | | If the school board does require a
certificate
as a basis for |
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| 1 | | pay during leave of
less than 3 days for personal illness, the | 2 | | school board shall pay, from school funds, the
expenses | 3 | | incurred by the teachers or other employees in obtaining the | 4 | | certificate. For paid leave for adoption or placement for | 5 | | adoption, the school board may require that the teacher or | 6 | | other employee provide evidence that the formal adoption | 7 | | process is underway, and such leave is limited to 30 days | 8 | | unless a longer leave has been negotiated with the exclusive | 9 | | bargaining representative.
| 10 | | If, by reason of any change in the boundaries of school | 11 | | districts, or by
reason of the creation of a new school | 12 | | district, the employment of a
teacher is transferred to a new | 13 | | or different board, the accumulated sick
leave of such teacher | 14 | | is not thereby lost, but is transferred to such new
or | 15 | | different district.
| 16 | | If the Governor has declared a disaster due to a public | 17 | | health emergency pursuant to Section 7 of the Illinois | 18 | | Emergency Management Agency Act, the school board shall grant | 19 | | an employee of the district paid sick leave if the employee | 20 | | contracts the illness for which the disaster was declared but | 21 | | only if the employee has used the full amount of paid sick | 22 | | leave already allotted to the employee and the employee | 23 | | provides medical documentation to the district that the | 24 | | employee has contracted the illness for which the disaster was | 25 | | declared. | 26 | | For purposes of this Section, "immediate family" shall |
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| 1 | | include parents,
spouse, brothers, sisters, children, | 2 | | grandparents, grandchildren,
parents-in-law, brothers-in-law, | 3 | | sisters-in-law, and legal guardians.
| 4 | | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
| 5 | | (105 ILCS 5/34-18.67 new) | 6 | | Sec. 34-18.67. Public health emergency; sick leave. If 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, the board shall grant an employee of | 10 | | the district paid sick leave if the employee contracts the | 11 | | illness for which the disaster was declared but only if the | 12 | | employee has used the full amount of paid sick leave already | 13 | | allotted to the employee and the employee provides medical | 14 | | documentation to the district that the employee has contracted | 15 | | the illness for which the disaster was declared. | 16 | | (105 ILCS 5/34-18.68 new) | 17 | | Sec. 34-18.68. Public health emergency; safe reopening | 18 | | plan. | 19 | | (a) This Section applies if the Governor has declared a | 20 | | disaster due to a public health emergency pursuant to Section | 21 | | 7 of the Illinois Emergency Management Agency Act. | 22 | | (b) During the public health emergency, the board and the | 23 | | exclusive bargaining representative of the district's teachers | 24 | | shall negotiate the procedures and protocols that shall be |
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| 1 | | implemented to safely conduct in-person instruction. The | 2 | | procedures and protocols agreed to by the board and the | 3 | | exclusive bargaining representative shall become part of the | 4 | | district's plan to reopen schools safely. The State Board of | 5 | | Education and the Department of Public Health shall enforce | 6 | | the terms of the plan. | 7 | | (c) If the board and the exclusive bargaining | 8 | | representative cannot agree on the procedures and protocols | 9 | | that shall be implemented to safely conduct in-person | 10 | | instruction, the board shall follow the recommended guidelines | 11 | | developed by the Department of Public Health under Section | 12 | | 2310-705 of the Department of Public Health Powers and Duties | 13 | | Law of the
Civil Administrative Code of Illinois. | 14 | | Section 15. The Board of Higher Education Act is amended | 15 | | by adding Section 9.41 as follows: | 16 | | (110 ILCS 205/9.41 new) | 17 | | Sec. 9.41. Public health emergency; sick leave. If the | 18 | | Governor has declared a disaster due to a public health | 19 | | emergency pursuant to Section 7 of the Illinois Emergency | 20 | | Management Agency Act, the Board shall require each public | 21 | | institution of higher education to grant an employee of the | 22 | | institution paid sick leave if the employee contracts the | 23 | | illness for which the disaster was declared but only if the | 24 | | employee has used the full amount of paid sick leave already |
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| 1 | | allotted to the employee and the employee provides medical | 2 | | documentation to the institution that the employee has | 3 | | contracted the illness for which the disaster was declared.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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