Bill Text: IL HB2789 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the School Code. In provisions concerning standards for schools, provides that the State Board of Education may issue, refuse to issue, or revoke recognition (rather than may issue, refuse to issue, or revoke certificates of recognition) for schools. Provides that the State Board of Education may revoke recognition for schools that fail to comply with public health requirements issued by the Illinois Department of Public Health when a public health emergency is declared by the Governor. Amends provisions concerning the registration and recognition of nonpublic schools by requiring a nonpublic school to comply with public health requirements issued by the Illinois Department of Public Health during a public health emergency. Prohibits a school board from passing any resolution that is in contravention of any requirement established by the Illinois Department of Public Health during a public health emergency. Makes similar changes to provisions concerning the licensure powers of the State Board of Education. In provisions concerning the Chicago school district, public schools, and nonpublic schools, requires a school to comply with all public health requirements issued by the Illinois Department of Public Health during a declared public health emergency. Requires schools to investigate complaints of noncompliance with the public health requirements; sets forth complaint procedures. Provides that the State Superintendent of Education may require a school to operate fully remotely if the public health requirements are not followed. Sets forth penalty provisions. Provides for rulemaking by the State Board of Education. Makes a corresponding change in the Illinois Administrative Procedure Act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2021-06-15 - Rule 3-9(a) / Re-referred to Assignments [HB2789 Detail]
Download: Illinois-2021-HB2789-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Powers and | ||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 2310-705 as follows:
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7 | (20 ILCS 2310/2310-705 new) | ||||||
8 | Sec. 2310-705. In-person instruction at schools. The | ||||||
9 | Department shall establish requirements by rule for providing | ||||||
10 | in-person instruction at nonpublic schools and public schools | ||||||
11 | that include, but are not limited to, personal protective | ||||||
12 | equipment, cleaning and hygiene, social distancing, occupancy | ||||||
13 | limits, symptom screening, and on-site isolation protocols and | ||||||
14 | shall disseminate information about those requirements to | ||||||
15 | nonpublic schools and public schools with the assistance of | ||||||
16 | the Illinois State Board of Education. The authority to | ||||||
17 | enforce the rules adopted pursuant to this Section lies with | ||||||
18 | the Department and local departments of public health. Upon | ||||||
19 | receipt of a complaint that a school cannot or is not complying | ||||||
20 | with the Department's rules under this Section, the Department | ||||||
21 | or local public health department shall investigate the | ||||||
22 | complaint within 45 days after receiving the complaint. If | ||||||
23 | upon investigation, a school is found to be in violation of the |
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1 | rules adopted under this Section, the Department has the | ||||||
2 | authority to take the appropriate action necessary to promote | ||||||
3 | the health or protect the safety of students, staff, and the | ||||||
4 | public, including, but not limited to, closure of a classroom, | ||||||
5 | gym, library, lunch room, or any other school space until such | ||||||
6 | time that the Department determines that the violation or | ||||||
7 | violations have been remedied. Nothing in this Section limits | ||||||
8 | the authority or requirements of the Department or local | ||||||
9 | public health departments. All complaints and related | ||||||
10 | documents shall be maintained and are subject to applicable | ||||||
11 | disclosure requirements under the Freedom of Information Act.
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12 | Section 10. The School Code is amended by adding Section | ||||||
13 | 22-92 as follows:
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14 | (105 ILCS 5/22-92 new) | ||||||
15 | Sec. 22-92. In-person instruction. In order to provide | ||||||
16 | in-person instruction, nonpublic schools and public schools | ||||||
17 | must follow the requirements adopted by rule by the Department | ||||||
18 | of Public Health under Section 2310-705 of the Department of | ||||||
19 | Public Health Powers and Duties Law of the Civil | ||||||
20 | Administrative Code.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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