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Public Act 103-0944 Public Act 0944 103RD GENERAL ASSEMBLY | Public Act 103-0944 | SB3151 Enrolled | LRB103 37118 RJT 67237 b |
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| 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. |
Effective Date: 8/9/2024
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