Full Text of HB4694 102nd General Assembly
HB4694 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4694 Introduced 1/21/2022, by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/27-24.2 | from Ch. 122, par. 27-24.2 |
625 ILCS 5/1-103 | from Ch. 95 1/2, par. 1-103 |
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Amends the Illinois Vehicle Code. Provides that "approved driver education course" includes online instruction. Makes corresponding changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27-24.2 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 | 17 | | operation of motor vehicles. The course of instruction given | 18 | | in grades 10 through 12 shall include an emphasis on the | 19 | | development of knowledge, attitudes, habits, and skills | 20 | | necessary for the safe operation of motor vehicles, including | 21 | | motorcycles insofar as they can be taught in the classroom, | 22 | | and instruction on distracted driving as a major traffic | 23 | | safety issue. In addition, the course shall include |
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| 1 | | instruction on special hazards existing at and required safety | 2 | | and driving precautions that must be observed at emergency | 3 | | situations, highway construction and maintenance zones, and | 4 | | railroad crossings and the approaches thereto. Beginning with | 5 | | the 2017-2018 school year, the course shall also include | 6 | | instruction concerning law enforcement procedures for traffic | 7 | | stops, including a demonstration of the proper actions to be | 8 | | taken during a traffic stop and appropriate interactions with | 9 | | law enforcement. The course of instruction required of each | 10 | | eligible student at the high school level shall consist of a | 11 | | minimum of 30 clock hours of classroom or online instruction | 12 | | and a minimum of 6 clock hours of individual behind-the-wheel | 13 | | instruction in a dual control car on public roadways taught by | 14 | | a driver education instructor endorsed by the State Board of | 15 | | Education. A school district's decision to allow a student to | 16 | | take a portion of the driver education course through a | 17 | | distance learning program must be determined on a case-by-case | 18 | | basis and must be approved by the school's administration, | 19 | | including the student's driver education teacher, and the | 20 | | student's parent or guardian. Under no circumstances may the | 21 | | student take the entire driver education course through a | 22 | | distance learning program. Both the classroom or online | 23 | | instruction part and the practice driving
part of a driver | 24 | | education course shall be open to a resident or
non-resident | 25 | | student attending a non-public school in the district wherein | 26 | | the
course is offered. Each student attending any public or |
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| 1 | | non-public high school
in the district must receive a passing | 2 | | grade in at least 8 courses during the
previous 2 semesters | 3 | | prior to enrolling in a driver education course, or the
| 4 | | student shall not be permitted to enroll in the course; | 5 | | provided that the local
superintendent of schools (with | 6 | | respect to a student attending a public high
school in the | 7 | | district) or chief school administrator (with respect to a
| 8 | | student attending a non-public high school in the district) | 9 | | may waive the
requirement if the superintendent or chief | 10 | | school administrator, as the case
may be, deems it to be in the | 11 | | best interest of the student. A student may be allowed to | 12 | | commence the
classroom or online instruction part of such | 13 | | driver education course prior to reaching
age 15 if such | 14 | | student then will be eligible to complete the entire course
| 15 | | within 12 months after being allowed to commence such | 16 | | classroom instruction. | 17 | | A school district may offer a driver education course in a | 18 | | school by contracting with a commercial driver training school | 19 | | to provide both the classroom or online instruction part and | 20 | | the practice driving part or either one without having to | 21 | | request a modification or waiver of administrative rules of | 22 | | the State Board of Education if the school district approves | 23 | | the action during a public hearing on whether to enter into a | 24 | | contract with a commercial driver training school. The public | 25 | | hearing shall be held at a regular or special school board | 26 | | meeting prior to entering into such a contract. If a school |
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| 1 | | district chooses to approve a contract with a commercial | 2 | | driver training school, then the district must provide | 3 | | evidence to the State Board of Education that the commercial | 4 | | driver training school with which it will contract holds a | 5 | | license issued by the Secretary of State under Article IV of | 6 | | Chapter 6 of the Illinois Vehicle Code and that each | 7 | | instructor employed by the commercial driver training school | 8 | | to provide instruction to students served by the school | 9 | | district holds a valid teaching license issued under the | 10 | | requirements of this Code and rules of the State Board of | 11 | | Education. Such evidence must include, but need not be limited | 12 | | to, a list of each instructor assigned to teach students | 13 | | served by the school district, which list shall include the | 14 | | instructor's name, personal identification number as required | 15 | | by the State Board of Education, birth date, and driver's | 16 | | license number. Once the contract is entered into, the school | 17 | | district shall notify the State Board of Education of any | 18 | | changes in the personnel providing instruction either (i) | 19 | | within 15 calendar days after an instructor leaves the program | 20 | | or (ii) before a new instructor is hired. Such notification | 21 | | shall include the instructor's name, personal identification | 22 | | number as required by the State Board of Education, birth | 23 | | date, and driver's license number. If the school district | 24 | | maintains an Internet website, then the district shall post a | 25 | | copy of the final contract between the district and the | 26 | | commercial driver training school on the district's Internet |
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| 1 | | website. If no Internet website exists, then the school | 2 | | district shall make available the contract upon request. A | 3 | | record of all materials in relation to the contract must be | 4 | | maintained by the school district and made available to | 5 | | parents and guardians upon request. The instructor's date of | 6 | | birth and driver's license number and any other personally | 7 | | identifying information as deemed by the federal Driver's | 8 | | Privacy Protection Act of 1994 must be redacted from any | 9 | | public materials. | 10 | | Such a course may be commenced immediately after the | 11 | | completion of a prior
course. Teachers of such courses shall | 12 | | meet the licensure requirements of
this Code and regulations | 13 | | of the State Board as to qualifications. Except for a contract | 14 | | with a Certified Driver Rehabilitation Specialist, a school | 15 | | district that contracts with a third party to teach a driver | 16 | | education course under this Section must ensure the teacher | 17 | | meets the educator licensure and endorsement requirements | 18 | | under Article 21B and must follow the same evaluation and | 19 | | observation requirements that apply to non-tenured teachers | 20 | | under Article 24A. The teacher evaluation must be conducted by | 21 | | a school administrator employed by the school district and | 22 | | must be submitted annually to the district superintendent and | 23 | | all school board members for oversight purposes. | 24 | | Subject to rules of the State Board of Education, the | 25 | | school district may charge a reasonable fee, not to exceed | 26 | | $50, to students who participate in the course, unless a |
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| 1 | | student is unable to pay for such a course, in which event the | 2 | | fee for such a student must be waived. However, the district | 3 | | may increase this fee to an amount not to exceed $250 by school | 4 | | board resolution following a public hearing on the increase, | 5 | | which increased fee must be waived for students who | 6 | | participate in the course and are unable to pay for the course. | 7 | | The total amount from driver education fees and reimbursement | 8 | | from the State for driver education must not exceed the total | 9 | | cost of the driver education program in any year and must be | 10 | | deposited into the school district's driver education fund as | 11 | | a separate line item budget entry. All moneys deposited into | 12 | | the school district's driver education fund must be used | 13 | | solely for the funding of a high school driver education | 14 | | program approved by the State Board of Education that uses | 15 | | driver education instructors endorsed by the State Board of | 16 | | Education. | 17 | | (Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; | 18 | | 102-558, eff. 8-20-21.) | 19 | | Section 10. The Illinois Vehicle Code is amended by | 20 | | changing Section 1-103 as follows:
| 21 | | (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
| 22 | | Sec. 1-103. Approved driver education course. (a) Any | 23 | | course of driver education , including online instruction, | 24 | | approved by the State Board of Education,
offered by public or |
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| 1 | | private schools maintaining
grades 9 through 12, and meeting | 2 | | at least the minimum requirements of
the "Driver Education | 3 | | Act", as now or hereafter amended, (b) any
course of driver | 4 | | education offered by a school licensed to give driver
| 5 | | education instructions under this Act which meets at least the | 6 | | minimum
educational requirements of the "Driver Education | 7 | | Act", as now or
hereafter amended, and is approved by the State | 8 | | Board of Education,
(c) any course of driver education
given | 9 | | in another State
to an Illinois resident attending school in | 10 | | such State and approved by
the State administrator of the | 11 | | Driver Education Program of such other
State, or (d) any | 12 | | course of driver education given at a Department of Defense | 13 | | Education Activity school that is approved by the Department | 14 | | of Defense Education Activity and taught by an adult driver | 15 | | education instructor or traffic safety officer.
| 16 | | (Source: P.A. 96-740, eff. 1-1-10.)
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