Public Act 103-0944
 
SB3151 EnrolledLRB103 37118 RJT 67237 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section 
27-24.2 as follows:
 
    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
    Sec. 27-24.2. Safety education; driver education course. 
Instruction shall be given in safety education in each of 
grades one through 8, equivalent to one class period each 
week, and any school district which maintains grades 9 through 
12 shall offer a driver education course in any such school 
which it operates. Its curriculum shall include content 
dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois 
Vehicle Code, the rules adopted pursuant to those Chapters 
insofar as they pertain to the operation of motor vehicles, 
and the portions of the Litter Control Act relating to the 
operation of motor vehicles. The course of instruction given 
in grades 10 through 12 shall include an emphasis on the 
development of knowledge, attitudes, habits, and skills 
necessary for the safe operation of motor vehicles, including 
motorcycles insofar as they can be taught in the classroom, 
and instruction on distracted driving as a major traffic 
safety issue. In addition, the course shall include 
instruction on special hazards existing at and required safety 
and driving precautions that must be observed at emergency 
situations, highway construction and maintenance zones, 
including worker safety in highway construction and 
maintenance zones, and railroad crossings and the approaches 
thereto. Beginning with the 2017-2018 school year, the course 
shall also include instruction concerning law enforcement 
procedures for traffic stops, including a demonstration of the 
proper actions to be taken during a traffic stop and 
appropriate interactions with law enforcement. The course of 
instruction required of each eligible student at the high 
school level shall consist of a minimum of 30 clock hours of 
classroom instruction and a minimum of 6 clock hours of 
individual behind-the-wheel instruction in a dual control car 
on public roadways taught by a driver education instructor 
endorsed by the State Board of Education. A school district's 
decision to allow a student to take a portion of the driver 
education course through a distance learning program must be 
determined on a case-by-case basis and must be approved by the 
school's administration, including the student's driver 
education teacher, and the student's parent or guardian. Under 
no circumstances may the student take the entire driver 
education course through a distance learning program. Both the 
classroom instruction part and the practice driving part of a 
driver education course shall be open to a resident or 
non-resident student attending a non-public school in the 
district wherein the course is offered. Each student attending 
any public or non-public high school in the district must 
receive a passing grade in at least 8 courses during the 
previous 2 semesters prior to enrolling in a driver education 
course, or the student shall not be permitted to enroll in the 
course; provided that the local superintendent of schools 
(with respect to a student attending a public high school in 
the district) or chief school administrator (with respect to a 
student attending a non-public high school in the district) 
may waive the requirement if the superintendent or chief 
school administrator, as the case may be, deems it to be in the 
best interest of the student. A student may be allowed to 
commence the classroom instruction part of such driver 
education course prior to reaching age 15 if such student then 
will be eligible to complete the entire course within 12 
months after being allowed to commence such classroom 
instruction.
    A school district may offer a driver education course in a 
school by contracting with a commercial driver training school 
to provide both the classroom instruction part and the 
practice driving part or either one without having to request 
a modification or waiver of administrative rules of the State 
Board of Education if the school district approves the action 
during a public hearing on whether to enter into a contract 
with a commercial driver training school. The public hearing 
shall be held at a regular or special school board meeting 
prior to entering into such a contract. If a school district 
chooses to approve a contract with a commercial driver 
training school, then the district must provide evidence to 
the State Board of Education that the commercial driver 
training school with which it will contract holds a license 
issued by the Secretary of State under Article IV of Chapter 6 
of the Illinois Vehicle Code and that each instructor employed 
by the commercial driver training school to provide 
instruction to students served by the school district holds a 
valid teaching license issued under the requirements of this 
Code and rules of the State Board of Education. Such evidence 
must include, but need not be limited to, a list of each 
instructor assigned to teach students served by the school 
district, which list shall include the instructor's name, 
personal identification number as required by the State Board 
of Education, birth date, and driver's license number. Once 
the contract is entered into, the school district shall notify 
the State Board of Education of any changes in the personnel 
providing instruction either (i) within 15 calendar days after 
an instructor leaves the program or (ii) before a new 
instructor is hired. Such notification shall include the 
instructor's name, personal identification number as required 
by the State Board of Education, birth date, and driver's 
license number. If the school district maintains an Internet 
website, then the district shall post a copy of the final 
contract between the district and the commercial driver 
training school on the district's Internet website. If no 
Internet website exists, then the school district shall make 
available the contract upon request. A record of all materials 
in relation to the contract must be maintained by the school 
district and made available to parents and guardians upon 
request. The instructor's date of birth and driver's license 
number and any other personally identifying information as 
deemed by the federal Driver's Privacy Protection Act of 1994 
must be redacted from any public materials. 
    Such a course may be commenced immediately after the 
completion of a prior course. Teachers of such courses shall 
meet the licensure requirements of this Code and regulations 
of the State Board as to qualifications. Except for a contract 
with a Certified Driver Rehabilitation Specialist, a school 
district that contracts with a third party to teach a driver 
education course under this Section must ensure the teacher 
meets the educator licensure and endorsement requirements 
under Article 21B and must follow the same evaluation and 
observation requirements that apply to non-tenured teachers 
under Article 24A. The teacher evaluation must be conducted by 
a school administrator employed by the school district and 
must be submitted annually to the district superintendent and 
all school board members for oversight purposes. 
    Subject to rules of the State Board of Education, the 
school district may charge a reasonable fee, not to exceed 
$50, to students who participate in the course, unless a 
student is unable to pay for such a course, in which event the 
fee for such a student must be waived. However, the district 
may increase this fee to an amount not to exceed $250 by school 
board resolution following a public hearing on the increase, 
which increased fee must be waived for students who 
participate in the course and are unable to pay for the course. 
The total amount from driver education fees and reimbursement 
from the State for driver education must not exceed the total 
cost of the driver education program in any year and must be 
deposited into the school district's driver education fund as 
a separate line item budget entry. All moneys deposited into 
the school district's driver education fund must be used 
solely for the funding of a high school driver education 
program approved by the State Board of Education that uses 
driver education instructors endorsed by the State Board of 
Education. 
(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; 
102-558, eff. 8-20-21.)
 
    Section 99. Effective date. This Act takes effect August 
1, 2024.