Full Text of SB0459 103rd General Assembly
SB0459sam001 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/21/2024 | | 10300SB0459sam001 | | LRB103 02910 RJT 71216 a |
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| 1 | | AMENDMENT TO SENATE BILL 459
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 459 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 27-24.2, 27-24.4, and 27-24.5 as follows: | 6 | | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | 7 | | Sec. 27-24.2. Safety education; driver education course. | 8 | | Instruction shall be given in safety education in each of | 9 | | grades one through 8, equivalent to one class period each | 10 | | week, and any school district which maintains grades 9 through | 11 | | 12 shall offer a driver education course in any such school | 12 | | which it operates. Its curriculum shall include content | 13 | | dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois | 14 | | Vehicle Code, the rules adopted pursuant to those Chapters | 15 | | insofar as they pertain to the operation of motor vehicles, | 16 | | and the portions of the Litter Control Act relating to the |
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| 1 | | operation of motor vehicles. The course of instruction given | 2 | | in grades 10 through 12 shall include an emphasis on the | 3 | | development of knowledge, attitudes, habits, and skills | 4 | | necessary for the safe operation of motor vehicles, including | 5 | | motorcycles insofar as they can be taught in the classroom, | 6 | | and instruction on distracted driving as a major traffic | 7 | | safety issue. In addition, the course shall include | 8 | | instruction on special hazards existing at and required safety | 9 | | and driving precautions that must be observed at emergency | 10 | | situations, highway construction and maintenance zones, and | 11 | | railroad crossings and the approaches thereto. Beginning with | 12 | | the 2017-2018 school year, the course shall also include | 13 | | instruction concerning law enforcement procedures for traffic | 14 | | stops, including a demonstration of the proper actions to be | 15 | | taken during a traffic stop and appropriate interactions with | 16 | | law enforcement. The course of instruction required of each | 17 | | eligible student at the high school level shall consist of a | 18 | | minimum of 30 clock hours of classroom instruction and a | 19 | | minimum of 6 clock hours of individual behind-the-wheel | 20 | | instruction in a dual control car on public roadways taught by | 21 | | a driver education instructor endorsed by the State Board of | 22 | | Education. A school district's decision to allow a student to | 23 | | take a portion of the driver education course through a | 24 | | distance learning program must be determined on a case-by-case | 25 | | basis and must be approved by the school's administration, | 26 | | including the student's driver education teacher, and the |
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| 1 | | student's parent or guardian. Under no circumstances may the | 2 | | student take the entire driver education course through a | 3 | | distance learning program. Both the classroom instruction part | 4 | | and the practice driving part of a driver education course | 5 | | shall be open to a resident or non-resident student attending | 6 | | a non-public school in the district wherein the course is | 7 | | offered. Each student attending any public or non-public high | 8 | | school in the district must receive a passing grade in at least | 9 | | 8 courses during the previous 2 semesters prior to enrolling | 10 | | in a driver education course, or the student shall not be | 11 | | permitted to enroll in the course; provided that the local | 12 | | superintendent of schools (with respect to a student attending | 13 | | a public high school in the district) or chief school | 14 | | administrator (with respect to a student attending a | 15 | | non-public high school in the district) may waive the | 16 | | requirement if the superintendent or chief school | 17 | | administrator, as the case may be, deems it to be in the best | 18 | | interest of the student. A student may be allowed to commence | 19 | | the classroom instruction part of such driver education course | 20 | | prior to reaching age 15 if such student then will be eligible | 21 | | to complete the entire course within 12 months after being | 22 | | allowed to commence such classroom instruction. | 23 | | A school district may offer a driver education course in a | 24 | | school by contracting with a commercial driver training school | 25 | | to provide both the classroom instruction part and the | 26 | | practice driving part or either one without having to request |
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| 1 | | a modification or waiver of administrative rules of the State | 2 | | Board of Education if the school district approves the action | 3 | | during a public hearing on whether to enter into a contract | 4 | | with a commercial driver training school. The public hearing | 5 | | shall be held at a regular or special school board meeting | 6 | | prior to entering into such a contract. If a school district | 7 | | chooses to approve a contract with a commercial driver | 8 | | training school, then the district must provide evidence to | 9 | | the State Board of Education that the commercial driver | 10 | | training school with which it will contract holds a license | 11 | | issued by the Secretary of State under Article IV of Chapter 6 | 12 | | of the Illinois Vehicle Code and that each instructor employed | 13 | | by the commercial driver training school to provide | 14 | | instruction to students served by the school district holds a | 15 | | valid teaching license issued under the requirements of this | 16 | | Code and rules of the State Board of Education. Such evidence | 17 | | must include, but need not be limited to, a list of each | 18 | | instructor assigned to teach students served by the school | 19 | | district, which list shall include the instructor's name, | 20 | | personal identification number as required by the State Board | 21 | | of Education, birth date, and driver's license number. Once | 22 | | the contract is entered into, the school district shall notify | 23 | | the State Board of Education of any changes in the personnel | 24 | | providing instruction either (i) within 15 calendar days after | 25 | | an instructor leaves the program or (ii) before a new | 26 | | instructor is hired. Such notification shall include the |
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| 1 | | instructor's name, personal identification number as required | 2 | | by the State Board of Education, birth date, and driver's | 3 | | license number. If the school district maintains an Internet | 4 | | website, then the district shall post a copy of the final | 5 | | contract between the district and the commercial driver | 6 | | training school on the district's Internet website. If no | 7 | | Internet website exists, then the school district shall make | 8 | | available the contract upon request. A record of all materials | 9 | | in relation to the contract must be maintained by the school | 10 | | district and made available to parents and guardians upon | 11 | | request. The instructor's date of birth and driver's license | 12 | | number and any other personally identifying information as | 13 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 14 | | must be redacted from any public materials. | 15 | | Beginning with the 2024-2025 school year, a school | 16 | | district that contracts with a commercial driver training | 17 | | school to teach a driver education course under this Section | 18 | | may not charge students fees associated with driver education. | 19 | | All fees associated with driver education shall instead be | 20 | | collected by the commercial driver training school. | 21 | | Such a course may be commenced immediately after the | 22 | | completion of a prior course. Teachers of such courses shall | 23 | | meet the licensure requirements of this Code and regulations | 24 | | of the State Board as to qualifications. Except for a contract | 25 | | with a Certified Driver Rehabilitation Specialist, a school | 26 | | district that contracts with a third party to teach a driver |
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| 1 | | education course under this Section must ensure the teacher | 2 | | meets the educator licensure and endorsement requirements | 3 | | under Article 21B and must follow the same evaluation and | 4 | | observation requirements that apply to non-tenured teachers | 5 | | under Article 24A. The teacher evaluation must be conducted by | 6 | | a school administrator employed by the school district and | 7 | | must be submitted annually to the district superintendent and | 8 | | all school board members for oversight purposes. | 9 | | Subject to rules of the State Board of Education, the | 10 | | school district may charge a reasonable fee, not to exceed | 11 | | $50, to students who participate in the course, unless a | 12 | | student is unable to pay for such a course, in which event the | 13 | | fee for such a student must be waived. However, the district | 14 | | may increase this fee to an amount not to exceed $250 by school | 15 | | board resolution following a public hearing on the increase, | 16 | | which increased fee must be waived for students who | 17 | | participate in the course and are unable to pay for the course. | 18 | | The total amount from driver education fees and reimbursement | 19 | | from the State for driver education must not exceed the total | 20 | | cost of the driver education program in any year and must be | 21 | | deposited into the school district's driver education fund as | 22 | | a separate line item budget entry. All moneys deposited into | 23 | | the school district's driver education fund must be used | 24 | | solely for the funding of a high school driver education | 25 | | program approved by the State Board of Education that uses | 26 | | driver education instructors endorsed by the State Board of |
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| 1 | | Education. | 2 | | (Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; | 3 | | 102-558, eff. 8-20-21.) | 4 | | (105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4) | 5 | | Sec. 27-24.4. Reimbursement amount. | 6 | | (a) Except as otherwise provided in Section 27-24.5, each | 7 | | Each school district shall be entitled to reimbursement for | 8 | | each student who finishes either the classroom instruction | 9 | | part or the practice driving part of a driver education course | 10 | | that meets the minimum requirements of this Act. Reimbursement | 11 | | under this Act is payable from the Drivers Education Fund in | 12 | | the State treasury. | 13 | | Each year all funds appropriated from the Drivers | 14 | | Education Fund to the State Board of Education, with the | 15 | | exception of those funds necessary for administrative purposes | 16 | | of the State Board of Education, shall be distributed in the | 17 | | manner provided in this paragraph to school districts by the | 18 | | State Board of Education for reimbursement of claims from the | 19 | | previous school year. As soon as may be after each quarter of | 20 | | the year, if moneys are available in the Drivers Education | 21 | | Fund in the State treasury for payments under this Section, | 22 | | the State Comptroller shall draw his or her warrants upon the | 23 | | State Treasurer as directed by the State Board of Education. | 24 | | The warrant for each quarter shall be in an amount equal to | 25 | | one-fourth of the total amount to be distributed to school |
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| 1 | | districts for the year. Payments shall be made to school | 2 | | districts as soon as may be after receipt of the warrants. | 3 | | The base reimbursement amount shall be calculated by the | 4 | | State Board by dividing the total amount appropriated for | 5 | | distribution by the total of: (a) the number of students who | 6 | | have completed the classroom instruction part for whom valid | 7 | | claims have been made times 0.2; plus (b) the number of | 8 | | students who have completed the practice driving instruction | 9 | | part for whom valid claims have been made times 0.8. | 10 | | The amount of reimbursement to be distributed on each | 11 | | claim shall be 0.2 times the base reimbursement amount for | 12 | | each validly claimed student who has completed the classroom | 13 | | instruction part, plus 0.8 times the base reimbursement amount | 14 | | for each validly claimed student who has completed the | 15 | | practice driving instruction part. | 16 | | (b) The school district which is the residence of a | 17 | | student who attends a nonpublic school in another district | 18 | | that has furnished the driver education course shall reimburse | 19 | | the district offering the course, the difference between the | 20 | | actual per capita cost of giving the course the previous | 21 | | school year and the amount reimbursed by the State, which, for | 22 | | purposes of this subsection (b), shall be referred to as | 23 | | "course cost". If the course cost offered by the student's | 24 | | resident district is less than the course cost of the course in | 25 | | the district where the nonpublic school is located, then the | 26 | | student is responsible for paying the district that furnished |
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| 1 | | the course the difference between the 2 amounts. If a | 2 | | nonpublic school student chooses to attend a driver's | 3 | | education course in a school district besides the district | 4 | | where the nonpublic school is located, then the student is | 5 | | wholly responsible for the course cost; however, the nonpublic | 6 | | school student may take the course in his or her resident | 7 | | district on the same basis as public school students who are | 8 | | enrolled in that district. | 9 | | By April 1 the nonpublic school shall notify the district | 10 | | offering the course of the names and district numbers of the | 11 | | nonresident students desiring to take such course the next | 12 | | school year. The district offering such course shall notify | 13 | | the district of residence of those students affected by April | 14 | | 15. The school district furnishing the course may claim the | 15 | | nonresident student for the purpose of making a claim for | 16 | | State reimbursement under this Act. | 17 | | (Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.) | 18 | | (105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5) | 19 | | Sec. 27-24.5. Submission of claims. | 20 | | (a) The district shall report on forms prescribed by the | 21 | | State Board, on an ongoing basis, a list of students by name, | 22 | | birth date and sex, with the date the behind-the-wheel | 23 | | instruction or the classroom instruction or both were | 24 | | completed and with the status of the course completion. | 25 | | (b) The State shall not reimburse any district for any |
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| 1 | | student who has repeated any part of the course more than once | 2 | | or who did not meet the age requirements of this Act during the | 3 | | period that the student was instructed in any part of the | 4 | | drivers education course. | 5 | | (c) A school district offering a driver education course | 6 | | by contracting with a commercial driver training school under | 7 | | Section 27-24.2 is not eligible to submit a claim for State | 8 | | reimbursement under this Act. | 9 | | (Source: P.A. 96-734, eff. 8-25-09.) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.". |
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