Illinois General Assembly - Full Text of HB2789
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Full Text of HB2789  102nd General Assembly




HB2789 EngrossedLRB102 10539 CMG 15868 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-705 as follows:
7    (20 ILCS 2310/2310-705 new)
8    Sec. 2310-705. In-person instruction at schools. The
9Department shall establish requirements by rule for providing
10in-person instruction at nonpublic schools and public schools
11that include, but are not limited to, personal protective
12equipment, cleaning and hygiene, social distancing, occupancy
13limits, symptom screening, and on-site isolation protocols and
14shall disseminate information about those requirements to
15nonpublic schools and public schools with the assistance of
16the Illinois State Board of Education. The authority to
17enforce the rules adopted pursuant to this Section lies with
18the Department and local departments of public health. Upon
19receipt of a complaint that a school cannot or is not complying
20with the Department's rules under this Section, the Department
21or local public health department shall investigate the
22complaint within 45 days after receiving the complaint. If
23upon investigation, a school is found to be in violation of the



HB2789 Engrossed- 2 -LRB102 10539 CMG 15868 b

1rules adopted under this Section, the Department has the
2authority to take the appropriate action necessary to promote
3the health or protect the safety of students, staff, and the
4public, including, but not limited to, closure of a classroom,
5gym, library, lunch room, or any other school space until such
6time that the Department determines that the violation or
7violations have been remedied. Nothing in this Section limits
8the authority or requirements of the Department or local
9public health departments. All complaints and related
10documents shall be maintained and are subject to applicable
11disclosure requirements under the Freedom of Information Act.
12    Section 10. The School Code is amended by adding Section
1322-92 as follows:
14    (105 ILCS 5/22-92 new)
15    Sec. 22-92. In-person instruction. In order to provide
16in-person instruction, nonpublic schools and public schools
17must follow the requirements adopted by rule by the Department
18of Public Health under Section 2310-705 of the Department of
19Public Health Powers and Duties Law of the Civil
20Administrative Code.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.