Bill Text: IL HB3573 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Reinserts the contents of the bill with the following changes. Requires a school district to pay to its employees who provide educational support services to the district their daily, regular rate of pay and benefits rendered for any remote learning day if the remote learning day precludes them from performing their regularly scheduled duties and they would have reported for work but for the remote learning day. Requires a school district to make full payment that would have otherwise been paid to its contractors who provide educational support services to the district of their daily, regular rate of pay and benefits rendered for any remote learning day if the remote learning day precludes them from performing their regularly scheduled duties and they would have reported for work but for the remote learning day. Provides that the employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements. Provides for an exception to paying employees and contractors of a school district who provide educational support services for a remote learning day if the day is rescheduled and the employees or contractors will be paid their daily, regular rate of pay and benefits on the rescheduled day when services are rendered. Changes the effective date from July 1, 2021 to July 1, 2022.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-05-09 - Rule 19(b) / Re-referred to Rules Committee [HB3573 Detail]

Download: Illinois-2021-HB3573-Engrossed.html

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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 Sections
10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66
and by adding Sections 10-31 and 34-18.67 as follows:
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs.
Each school board shall annually prepare a calendar for the
school term, specifying the opening and closing dates and
providing a minimum term of at least 185 days to insure 176
days of actual pupil attendance, computable under Section
10-19.05, except that for the 1980-1981 school year only 175
days of actual pupil attendance shall be required because of
the closing of schools pursuant to Section 24-2 on January 29,
1981 upon the appointment by the President of that day as a day
of thanksgiving for the freedom of the Americans who had been
held hostage in Iran. Any days allowed by law for teachers'
institutes but not used as such or used as parental institutes
as provided in Section 10-22.18d shall increase the minimum
term by the school days not so used. Except as provided in
Section 10-19.1, the board may not extend the school term
beyond such closing date unless that extension of term is

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necessary to provide the minimum number of computable days. In
case of such necessary extension school employees shall be
paid for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier
than that set on the annual calendar when the schools of the
district have provided the minimum number of computable days
under this Section. Nothing in this Section prevents the board
from employing superintendents of schools, principals and
other nonteaching personnel for a period of 12 months, or in
the case of superintendents for a period in accordance with
Section 10-23.8, or prevents the board from employing other
personnel before or after the regular school term with payment
of salary proportionate to that received for comparable work
during the school term. Remote learning days, blended remote
learning days, and up to 5 remote and blended remote learning
planning days established under Section 10-30 or 34-18.66 or
remote learning days established under Section 10-31 or
34-18.67 shall be deemed pupil attendance days for calculation
of the length of a school term under this Section.
A school board may make such changes in its calendar for
the school term as may be required by any changes in the legal
school holidays prescribed in Section 24-2. A school board may
make changes in its calendar for the school term as may be
necessary to reflect the utilization of teachers' institute
days as parental institute days as provided in Section
10-22.18d.

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The calendar for the school term and any changes must be
submitted to and approved by the regional superintendent of
schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education
and subject to review by the State Board of Education every 3
years, any school board may, by resolution of its board and in
agreement with affected exclusive collective bargaining
agents, establish experimental educational programs, including
but not limited to programs for e-learning days or remote
learning as authorized under Sections Section 10-20.56, 10-31,
or 34-18.67 of this Code, self-directed learning, or outside
of formal class periods, which programs when so approved shall
be considered to comply with the requirements of this Section
as respects numbers of days of actual pupil attendance and
with the other requirements of this Act as respects courses of
instruction.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
101-643, eff. 6-18-20.)
(105 ILCS 5/10-19.05)
Sec. 10-19.05. Daily pupil attendance calculation.
(a) Except as otherwise provided in this Section, for a
pupil of legal school age and in kindergarten or any of grades
1 through 12, a day of attendance shall be counted only for
sessions of not less than 5 clock hours of school work per day
under direct supervision of (i) teachers or (ii) non-teaching

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personnel or volunteer personnel when engaging in non-teaching
duties and supervising in those instances specified in
subsection (a) of Section 10-22.34 and paragraph 10 of Section
34-18. Days of attendance by pupils through verified
participation in an e-learning program adopted by a school
board and verified by the regional office of education or
intermediate service center for the school district under
Section 10-20.56, remote or blended remote learning under
Section 10-30 or 34-18.66, or remote learning under Section
10-31 or 34-18.67 of this Code shall be considered as full days
of attendance under this Section.
(b) A pupil regularly enrolled in a public school for only
a part of the school day may be counted on the basis of
one-sixth of a school day for every class hour of instruction
of 40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may be
counted on the basis of the proportion of minutes of school
work completed each day to the minimum number of minutes that
school work is required to be held that day.
(c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent of schools and approval by the State
Superintendent of Education to the extent that the district
has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted as a

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day of attendance (1) when the remainder of the school day or
at least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of
10 days per school year, provided that a district conducts an
in-service training program for teachers in accordance with
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
full days may be used, in which event each such day may be
counted as a day required for a legal school calendar pursuant
to Section 10-19 of this Code; (2) when, of the 5 days allowed
under item (1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are used,
in which case each such day may be counted as a calendar day
required under Section 10-19 of this Code, provided that the
full-day, parent-teacher conference consists of (i) a minimum
of 5 clock hours of parent-teacher conferences, (ii) both a
minimum of 2 clock hours of parent-teacher conferences held in
the evening following a full day of student attendance and a
minimum of 3 clock hours of parent-teacher conferences held on
the day immediately following evening parent-teacher
conferences, or (iii) multiple parent-teacher conferences held
in the evenings following full days of student attendance in
which the time used for the parent-teacher conferences is
equivalent to a minimum of 5 clock hours; and (3) when days in
addition to those provided in items (1) and (2) are scheduled
by a school pursuant to its school improvement plan adopted
under Article 34 or its revised or amended school improvement

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plan adopted under Article 2, provided that (i) such sessions
of 3 or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which such
sessions occur are utilized for in-service training programs
or other staff development activities for teachers, and (iii)
a sufficient number of minutes of school work under the direct
supervision of teachers are added to the school days between
such regularly scheduled sessions to accumulate not less than
the number of minutes by which such sessions of 3 or more clock
hours fall short of 5 clock hours. Days scheduled for
in-service training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of the
district.
(e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to
the classroom may be counted as a half day of attendance;
however, these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils and pupils in
full-day kindergartens, and a session of 2 or more hours may be
counted as a half day of attendance by pupils in kindergartens
that provide only half days of attendance.
(g) For children with disabilities who are below the age
of 6 years and who cannot attend 2 or more clock hours because

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of their disability or immaturity, a session of not less than
one clock hour may be counted as a half day of attendance;
however, for such children whose educational needs require a
session of 4 or more clock hours, a session of at least 4 clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten that provides for only a
half day of attendance by each pupil shall not have more than
one half day of attendance counted in any one day. However,
kindergartens may count 2 and a half days of attendance in any
5 consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the pupil
shall have the following day as a day absent from school,
unless the school district obtains permission in writing from
the State Superintendent of Education. Attendance at
kindergartens that provide for a full day of attendance by
each pupil shall be counted the same as attendance by first
grade pupils. Only the first year of attendance in one
kindergarten shall be counted, except in the case of children
who entered the kindergarten in their fifth year whose
educational development requires a second year of kindergarten
as determined under rules of the State Board of Education.
(i) On the days when the State's final accountability
assessment is administered under subsection (c) of Section
2-3.64a-5 of this Code, the day of attendance for a pupil whose
school day must be shortened to accommodate required testing
procedures may be less than 5 clock hours and shall be counted

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toward the 176 days of actual pupil attendance required under
Section 10-19 of this Code, provided that a sufficient number
of minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss of
school work on the examination days.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted on
the basis of a one-fifth day of attendance for every clock hour
of instruction attended in the remote educational program,
provided that, in any month, the school district may not claim
for a student enrolled in a remote educational program more
days of attendance than the maximum number of days of
attendance the district can claim (i) for students enrolled in
a building holding year-round classes if the student is
classified as participating in the remote educational program
on a year-round schedule or (ii) for students enrolled in a
building not holding year-round classes if the student is not
classified as participating in the remote educational program
on a year-round schedule.
(j-5) The clock hour requirements of subsections (a)
through (j) of this Section do not apply if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act.
The State Superintendent of Education may establish minimum
clock hour requirements under Sections 10-30 and 34-18.66 if
the Governor has declared a disaster due to a public health

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emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act.
(k) Pupil participation in any of the following activities
shall be counted toward the calculation of clock hours of
school work per day:
(1) Instruction in a college course in which a student
is dually enrolled for both high school credit and college
credit.
(2) Participation in a Supervised Career Development
Experience, as defined in Section 10 of the Postsecondary
and Workforce Readiness Act, in which student
participation and learning outcomes are supervised by an
educator licensed under Article 21B.
(3) Participation in a youth apprenticeship, as
jointly defined in rules of the State Board of Education
and Department of Commerce and Economic Opportunity, in
which student participation and outcomes are supervised by
an educator licensed under Article 21B.
(4) Participation in a blended learning program
approved by the school district in which course content,
student evaluation, and instructional methods are
supervised by an educator licensed under Article 21B.
(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
(105 ILCS 5/10-20.56)
Sec. 10-20.56. E-learning days.

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(a) The State Board of Education shall establish and
maintain, for implementation in school districts, a program
for use of electronic-learning (e-learning) days, as described
in this Section. School districts may utilize a program
approved under this Section for use during remote learning
days and blended remote learning days under Section 10-30 or
34-18.66.
(b) The school board of a school district may, by
resolution, adopt a research-based program or research-based
programs for e-learning days district-wide that shall permit
student instruction to be received electronically while
students are not physically present in lieu of the district's
scheduled emergency days as required by Section 10-19 of this
Code. The research-based program or programs may not exceed
the minimum number of emergency days in the approved school
calendar and must be verified by the regional office of
education or intermediate service center for the school
district on or before September 1st annually to ensure access
for all students. The regional office of education or
intermediate service center shall ensure that the specific
needs of all students are met, including special education
students and English learners, and that all mandates are still
met using the proposed research-based program. The e-learning
program may utilize the Internet, telephones, texts, chat
rooms, or other similar means of electronic communication for
instruction and interaction between teachers and students that

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meet the needs of all learners. The e-learning program shall
address the school district's responsibility to ensure that
all teachers and staff who may be involved in the provision of
e-learning have access to any and all hardware and software
that may be required for the program. If a proposed program
does not address this responsibility, the school district must
propose an alternate program.
(c) Before its adoption by a school board, the school
board must hold a public hearing on a school district's
initial proposal for an e-learning program or for renewal of
such a program, at a regular or special meeting of the school
board, in which the terms of the proposal must be
substantially presented and an opportunity for allowing public
comments must be provided. Notice of such public hearing must
be provided at least 10 days prior to the hearing by:
(1) publication in a newspaper of general circulation
in the school district;
(2) written or electronic notice designed to reach the
parents or guardians of all students enrolled in the
school district; and
(3) written or electronic notice designed to reach any
exclusive collective bargaining representatives of school
district employees and all those employees not in a
collective bargaining unit.
(d) The regional office of education or intermediate
service center for the school district must timely verify that

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a proposal for an e-learning program has met the requirements
specified in this Section and that the proposal contains
provisions designed to reasonably and practicably accomplish
the following:
(1) to ensure and verify at least 5 clock hours of
instruction or school work, as required under Section
10-19.05, for each student participating in an e-learning
day;
(2) to ensure access from home or other appropriate
remote facility for all students participating, including
computers, the Internet, and other forms of electronic
communication that must be utilized in the proposed
program;
(2.5) to ensure that non-electronic materials are made
available to students participating in the program who do
not have access to the required technology or to
participating teachers or students who are prevented from
accessing the required technology;
(3) to ensure appropriate learning opportunities for
students with special needs;
(4) to monitor and verify each student's electronic
participation;
(5) to address the extent to which student
participation is within the student's control as to the
time, pace, and means of learning;
(6) to provide effective notice to students and their

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parents or guardians of the use of particular days for
e-learning;
(7) to provide staff and students with adequate
training for e-learning days' participation;
(8) to ensure an opportunity for any collective
bargaining negotiations with representatives of the school
district's employees that would be legally required,
including all classifications of school district employees
who are represented by collective bargaining agreements
and who would be affected in the event of an e-learning
day;
(9) to review and revise the program as implemented to
address difficulties confronted; and
(10) to ensure that the protocol regarding general
expectations and responsibilities of the program is
communicated to teachers, staff, and students at least 30
days prior to utilizing an e-learning day.
The school board's approval of a school district's initial
e-learning program and renewal of the e-learning program shall
be for a term of 3 years. Any e-learning program adopted or
renewed before the effective date of this amendatory Act of
the 102nd General Assembly may continue until the expiration
of its term, at which time the school district shall implement
remote learning days under Section 10-31 or Section 34-18.67
of this Code rather than an e-learning program under this
Section.

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(e) The State Board of Education may adopt rules
consistent with the provision of this Section.
(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
101-643, eff. 6-18-20.)
(105 ILCS 5/10-29)
Sec. 10-29. Remote educational programs.
(a) For purposes of this Section, "remote educational
program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
(1) A student may participate in the program only
after the school district, pursuant to adopted school
board policy, and a person authorized to enroll the
student under Section 10-20.12b of this Code determine
that a remote educational program will best serve the
student's individual learning needs. The adopted school
board policy shall include, but not be limited to, all of
the following:
(A) Criteria for determining that a remote
educational program will best serve a student's
individual learning needs. The criteria must include
consideration of, at a minimum, a student's prior
attendance, disciplinary record, and academic history.
(B) Any limitations on the number of students or
grade levels that may participate in a remote

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educational program.
(C) A description of the process that the school
district will use to approve participation in the
remote educational program. The process must include
without limitation a requirement that, for any student
who qualifies to receive services pursuant to the
federal Individuals with Disabilities Education
Improvement Act of 2004, the student's participation
in a remote educational program receive prior approval
from the student's individualized education program
team.
(D) A description of the process the school
district will use to develop and approve a written
remote educational plan that meets the requirements of
subdivision (5) of this subsection (a).
(E) A description of the system the school
district will establish to determine student
participation in instruction in accordance with the
remote educational program.
(F) A description of the process for renewing a
remote educational program at the expiration of its
term.
(G) Such other terms and provisions as the school
district deems necessary to provide for the
establishment and delivery of a remote educational
program.

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(2) The school district has determined that the remote
educational program's curriculum is aligned to State
learning standards and that the program offers instruction
and educational experiences consistent with those given to
students at the same grade level in the district.
(3) The remote educational program is delivered by
instructors that meet the following qualifications:
(A) they are certificated under Article 21 of this
Code;
(B) (blank); and
(C) they have responsibility for all of the
following elements of the program: planning
instruction, diagnosing learning needs, prescribing
content delivery through class activities, assessing
learning, reporting outcomes to administrators and
parents and guardians, and evaluating the effects of
instruction.
(4) During the period of time from and including the
opening date to the closing date of the regular school
term of the school district established pursuant to
Section 10-19 of this Code, participation in a remote
educational program may be claimed for evidence-based
funding purposes under Section 18-8.15 of this Code on any
calendar day, notwithstanding whether the day is a day of
pupil attendance or institute day on the school district's
calendar or any other provision of law restricting

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instruction on that day. If the district holds year-round
classes in some buildings, the district shall classify
each student's participation in a remote educational
program as either on a year-round or a non-year-round
schedule for purposes of claiming evidence-based funding.
Outside of the regular school term of the district, the
remote educational program may be offered as part of any
summer school program authorized by this Code.
(5) Each student participating in a remote educational
program must have a written remote educational plan that
has been approved by the school district and a person
authorized to enroll the student under Section 10-20.12b
of this Code. The school district and a person authorized
to enroll the student under Section 10-20.12b of this Code
must approve any amendment to a remote educational plan.
The remote educational plan must include, but is not
limited to, all of the following:
(A) Specific achievement goals for the student
aligned to State learning standards.
(B) A description of all assessments that will be
used to measure student progress, which description
shall indicate the assessments that will be
administered at an attendance center within the school
district.
(C) A description of the progress reports that
will be provided to the school district and the person

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or persons authorized to enroll the student under
Section 10-20.12b of this Code.
(D) Expectations, processes, and schedules for
interaction between a teacher and student.
(E) A description of the specific responsibilities
of the student's family and the school district with
respect to equipment, materials, phone and Internet
service, and any other requirements applicable to the
home or other location outside of a school building
necessary for the delivery of the remote educational
program.
(F) If applicable, a description of how the remote
educational program will be delivered in a manner
consistent with the student's individualized education
program required by Section 614(d) of the federal
Individuals with Disabilities Education Improvement
Act of 2004 or plan to ensure compliance with Section
504 of the federal Rehabilitation Act of 1973.
(G) A description of the procedures and
opportunities for participation in academic and
extracurricular activities and programs within the
school district.
(H) The identification of a parent, guardian, or
other responsible adult who will provide direct
supervision of the program. The plan must include an
acknowledgment by the parent, guardian, or other

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responsible adult that he or she may engage only in
non-teaching duties not requiring instructional
judgment or the evaluation of a student. The plan
shall designate the parent, guardian, or other
responsible adult as non-teaching personnel or
volunteer personnel under subsection (a) of Section
10-22.34 of this Code.
(I) The identification of a school district
administrator who will oversee the remote educational
program on behalf of the school district and who may be
contacted by the student's parents with respect to any
issues or concerns with the program.
(J) The term of the student's participation in the
remote educational program, which may not extend for
longer than 12 months, unless the term is renewed by
the district in accordance with subdivision (7) of
this subsection (a).
(K) A description of the specific location or
locations in which the program will be delivered. If
the remote educational program is to be delivered to a
student in any location other than the student's home,
the plan must include a written determination by the
school district that the location will provide a
learning environment appropriate for the delivery of
the program. The location or locations in which the
program will be delivered shall be deemed a long

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distance teaching reception area under subsection (a)
of Section 10-22.34 of this Code.
(L) Certification by the school district that the
plan meets all other requirements of this Section.
(6) Students participating in a remote educational
program must be enrolled in a school district attendance
center pursuant to the school district's enrollment policy
or policies. A student participating in a remote
educational program must be tested as part of all
assessments administered by the school district pursuant
to Section 2-3.64a-5 of this Code at the attendance center
in which the student is enrolled and in accordance with
the attendance center's assessment policies and schedule.
The student must be included within all accountability
determinations for the school district and attendance
center under State and federal law.
(7) The term of a student's participation in a remote
educational program may not extend for longer than 12
months, unless the term is renewed by the school district.
The district may only renew a student's participation in a
remote educational program following an evaluation of the
student's progress in the program, a determination that
the student's continuation in the program will best serve
the student's individual learning needs, and an amendment
to the student's written remote educational plan
addressing any changes for the upcoming term of the

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program.
For purposes of this Section, a remote educational program
does not include instruction delivered to students through an
e-learning program approved under Section 10-20.56, remote or
blended remote learning under Section 10-30 or 34-18.66, or
remote learning under Section 10-31 or 34-18.67 of this Code.
(b) A school district may, by resolution of its school
board, establish a remote educational program.
(c) (Blank).
(d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
(e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home
or other location outside of a school building that is not
claimed for evidence-based funding purposes under Section
18-8.15 of this Code.
(g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation
in a format specified by the State Board of Education. The

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State Board of Education may perform or contract with an
outside entity to perform an evaluation of remote educational
programs in this State.
(h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs
with the requirements of this Section and other applicable
legal requirements.
(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
101-81, eff. 7-12-19.)
(105 ILCS 5/10-30)
Sec. 10-30. Remote and blended remote learning; public
health emergency. This Section applies if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act.
(1) If the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, the State
Superintendent of Education may declare a requirement to
use remote learning days or blended remote learning days
for a school district, multiple school districts, a
region, or the entire State. During remote learning days,
schools shall conduct instruction remotely. During blended
remote learning days, schools may utilize hybrid models of
in-person and remote instruction. Once declared, remote
learning days or blended remote learning days shall be

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implemented in grades pre-kindergarten through 12 as days
of attendance and shall be deemed pupil attendance days
for calculation of the length of a school term under
Section 10-19.
(2) For purposes of this Section, a remote learning
day or blended remote learning day may be met through a
district's implementation of an e-learning program under
Section 10-20.56 or remote learning under Section 10-31.
(3) For any district that does not implement an
e-learning program under Section 10-20.56 or remote
learning under Section 10-31, the district shall adopt a
remote and blended remote learning day plan approved by
the district superintendent. Each district may utilize
remote and blended remote learning planning days,
consecutively or in separate increments, to develop,
review, or amend its remote and blended remote learning
day plan or provide professional development to staff
regarding remote education. Up to 5 remote and blended
remote learning planning days may be deemed pupil
attendance days for calculation of the length of a school
term under Section 10-19.
(4) Each remote and blended remote learning day plan
shall address the following:
(i) accessibility of the remote instruction to all
students enrolled in the district;
(ii) if applicable, a requirement that the remote

HB3573 Engrossed - 24 - LRB102 12055 CMG 17392 b
learning day and blended remote learning day
activities reflect State learning standards;
(iii) a means for students to confer with an
educator, as necessary;
(iv) the unique needs of students in special
populations, including, but not limited to, students
eligible for special education under Article 14,
students who are English learners as defined in
Section 14C-2, and students experiencing homelessness
under the Education for Homeless Children Act, or
vulnerable student populations;
(v) how the district will take attendance and
monitor and verify each student's remote
participation; and
(vi) transitions from remote learning to on-site
learning upon the State Superintendent's declaration
that remote learning days or blended remote learning
days are no longer deemed necessary.
(5) The district superintendent shall periodically
review and amend the district's remote and blended remote
learning day plan, as needed, to ensure the plan meets the
needs of all students.
(6) Each remote and blended remote learning day plan
shall be posted on the district's Internet website where
other policies, rules, and standards of conduct are posted
and shall be provided to students and faculty.

HB3573 Engrossed - 25 - LRB102 12055 CMG 17392 b
(7) This Section does not create any additional
employee bargaining rights and does not remove any
employee bargaining rights.
(8) Statutory and regulatory curricular mandates and
offerings may be administered via a district's remote and
blended remote learning day plan, except that a district
may not offer individual behind-the-wheel instruction
required by Section 27-24.2 via a district's remote and
blended remote learning day plan. This Section does not
relieve schools and districts from completing all
statutory and regulatory curricular mandates and
offerings.
(Source: P.A. 101-643, eff. 6-18-20.)
(105 ILCS 5/10-31 new)
Sec. 10-31. Remote learning.
(a) A school district may utilize a remote learning day
meeting the requirements of this Section instead of an
emergency day provided for in the school calendar. However,
the number of remote learning days used in a school year under
this Section may not exceed the number of emergency days
provided for in the school calendar. A remote learning day
under this Section shall be deemed a pupil attendance day for
calculation of the length of the school term under Section
10-19.
(b) The district superintendent must approve a remote

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learning plan for the district before the district may utilize
a remote learning day under this Section. The remote learning
plan must address all of the following:
(1) The accessibility of remote instruction, including
non-electronic materials, to all students enrolled in the
district.
(2) The requirement that remote learning day
activities reflect State learning standards, if
applicable.
(3) A means for a student to confer with an educator,
as necessary.
(4) The unique needs of a student in a special
population, including, but not limited to, a student
eligible for special education services under Article 14,
a student who is an English learner, as defined in Section
14C-2, or a student who is a homeless person, child, or
youth, as defined in the Education for Homeless Children
Act, or other vulnerable student population.
(5) How the district will take attendance and monitor
and verify each student's remote participation.
(6) An assurance of at least 5 clock hours of school
work, as required under Section 10-19.05, for each student
participating in the remote learning day.
Approval of a remote learning plan by the district
superintendent shall be for an initial term of 3 years. Every 3
years thereafter, the district superintendent shall review the

HB3573 Engrossed - 27 - LRB102 12055 CMG 17392 b
plan and make any necessary changes. During the 3-year term of
a remote learning plan, the district superintendent may
periodically review and amend the plan as needed to ensure
that the plan meets the needs of all students and faculty.
The remote learning plan must be posted on the district's
Internet website where other policies, rules, and standards of
conduct are posted and must be provided to students and
faculty. Any changes to the remote learning plan must be
posted on the district's Internet website.
(c) The district must provide effective notice to students
and their parents or guardians of the use of a particular day
as a remote learning day.
(d) The district must provide students and faculty with
adequate training on how to participate in a remote learning
day.
(e) The district shall ensure an opportunity for any
collective bargaining negotiations with representatives of the
district's employees that would be legally required, including
all classifications of district employees who are represented
by a collective bargaining agreement and who would be affected
in the event a remote learning day is used.
(f) Statutory and regulatory curricular mandates and
offerings may be administered via remote learning under the
remote learning plan. This Section does not relieve a school
or district from completing all statutory and regulatory
curricular mandates and offerings.

HB3573 Engrossed - 28 - LRB102 12055 CMG 17392 b
(g) A remote learning day may utilize the Internet,
telephones, texts, chat rooms, or other similar means of
electronic communication for instruction and interaction
between educators and students if such utilization meets the
needs of all learners.
(h) The State Board of Education may adopt rules
consistent with the provisions of this Section that are
necessary to implement this Section.
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The school
board of each school district, a regional office of education,
a laboratory school, or a State-authorized charter school
shall require teachers, principals, or superintendents to
furnish from records kept by them such data as it needs in
preparing and certifying to the State Superintendent of
Education its report of claims provided in Section 18-8.05 or
18-8.15 of this Code. The claim shall be based on the latest
available equalized assessed valuation and tax rates, as
provided in Section 18-8.05 or 18-8.15, shall use the average
daily attendance as determined by the method outlined in
Section 18-8.05 or 18-8.15, and shall be certified and filed
with the State Superintendent of Education by June 21 for
districts and State-authorized charter schools with an
official school calendar end date before June 15 or within 2
weeks following the official school calendar end date for

HB3573 Engrossed - 29 - LRB102 12055 CMG 17392 b
districts, regional offices of education, laboratory schools,
or State-authorized charter schools with a school year end
date of June 15 or later. Failure to so file by these deadlines
constitutes a forfeiture of the right to receive payment by
the State until such claim is filed. The State Superintendent
of Education shall voucher for payment those claims to the
State Comptroller as provided in Section 18-11.
Except as otherwise provided in this Section, if any
school district fails to provide the minimum school term
specified in Section 10-19, the State aid claim for that year
shall be reduced by the State Superintendent of Education in
an amount equivalent to 1/176 or .56818% for each day less than
the number of days required by this Code.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was occasioned
by an act or acts of God, or was occasioned by conditions
beyond the control of the school district which posed a
hazardous threat to the health and safety of pupils, the State
aid claim need not be reduced.
If a school district is precluded from providing the
minimum hours of instruction required for a full day of
attendance due to (A) an adverse weather condition, (B) a
condition beyond the control of the school district that poses
a hazardous threat to the health and safety of students, or (C)
beginning with the 2016-2017 school year, the utilization of
the school district's facilities for not more than 2 school

HB3573 Engrossed - 30 - LRB102 12055 CMG 17392 b
days per school year by local or county authorities for the
purpose of holding a memorial or funeral services in
remembrance of a community member, then the partial day of
attendance may be counted if (i) the school district has
provided at least one hour of instruction prior to the closure
of the school district, (ii) a school building has provided at
least one hour of instruction prior to the closure of the
school building, or (iii) the normal start time of the school
district is delayed.
If, prior to providing any instruction, a school district
must close one or more but not all school buildings after
consultation with a local emergency response agency or due to
a condition beyond the control of the school district, then
the school district may claim attendance for up to 2 school
days based on the average attendance of the 3 school days
immediately preceding the closure of the affected school
building or, if approved by the State Board of Education,
utilize the provisions of an e-learning program for the
affected school building as prescribed in Section 10-20.56, a
remote and blended remote learning day plan under Section
10-30 or 34-18.66, or a remote learning plan under Section
10-31 or 34-18.67 of this Code. The partial or no day of
attendance described in this Section and the reasons therefore
shall be certified within a month of the closing or delayed
start by the school district superintendent to the regional
superintendent of schools for forwarding to the State

HB3573 Engrossed - 31 - LRB102 12055 CMG 17392 b
Superintendent of Education for approval.
Other than the utilization of any e-learning days as
prescribed in Section 10-20.56, a remote or blended remote
learning day under Section 10-30 or 34-18.66, or a remote
learning day under Section 10-31 or 34-18.67 of this Code, no
exception to the requirement of providing a minimum school
term may be approved by the State Superintendent of Education
pursuant to this Section unless a school district has first
used all emergency days provided for in its regular calendar.
If the State Superintendent of Education declares that an
energy shortage exists during any part of the school year for
the State or a designated portion of the State, a district may
operate the school attendance centers within the district 4
days of the week during the time of the shortage by extending
each existing school day by one clock hour of school work, and
the State aid claim shall not be reduced, nor shall the
employees of that district suffer any reduction in salary or
benefits as a result thereof. A district may operate all
attendance centers on this revised schedule, or may apply the
schedule to selected attendance centers, taking into
consideration such factors as pupil transportation schedules
and patterns and sources of energy for individual attendance
centers.
Electronically submitted State aid claims shall be
submitted by duly authorized district individuals over a
secure network that is password protected. The electronic

HB3573 Engrossed - 32 - LRB102 12055 CMG 17392 b
submission of a State aid claim must be accompanied with an
affirmation that all of the provisions of Section 18-8.05 or
18-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
all respects.
(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
8-14-18.)
(105 ILCS 5/34-18.66)
Sec. 34-18.66. Remote and blended remote learning; public
health emergency. This Section applies if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act.
(1) If the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, the State
Superintendent of Education may declare a requirement to
use remote learning days or blended remote learning days
for the school district, multiple school districts, a
region, or the entire State. During remote learning days,
schools shall conduct instruction remotely. During blended
remote learning days, schools may utilize hybrid models of
in-person and remote instruction. Once declared, remote
learning days or blended remote learning days shall be
implemented in grades pre-kindergarten through 12 as days
of attendance and shall be deemed pupil attendance days

HB3573 Engrossed - 33 - LRB102 12055 CMG 17392 b
for calculation of the length of a school term under
Section 10-19.
(2) For purposes of this Section, a remote learning
day or blended remote learning day may be met through the
district's implementation of an e-learning program under
Section 10-20.56 or remote learning under Section
34-18.67.
(3) If the district does not implement an e-learning
program under Section 10-20.56 or remote learning under
Section 34-18.67, the district shall adopt a remote and
blended remote learning day plan approved by the general
superintendent of schools. The district may utilize remote
and blended remote learning planning days, consecutively
or in separate increments, to develop, review, or amend
its remote and blended remote learning day plan or provide
professional development to staff regarding remote
education. Up to 5 remote and blended remote learning
planning days may be deemed pupil attendance days for
calculation of the length of a school term under Section
10-19.
(4) Each remote and blended remote learning day plan
shall address the following:
(i) accessibility of the remote instruction to all
students enrolled in the district;
(ii) if applicable, a requirement that the remote
learning day and blended remote learning day

HB3573 Engrossed - 34 - LRB102 12055 CMG 17392 b
activities reflect State learning standards;
(iii) a means for students to confer with an
educator, as necessary;
(iv) the unique needs of students in special
populations, including, but not limited to, students
eligible for special education under Article 14,
students who are English learners as defined in
Section 14C-2, and students experiencing homelessness
under the Education for Homeless Children Act, or
vulnerable student populations;
(v) how the district will take attendance and
monitor and verify each student's remote
participation; and
(vi) transitions from remote learning to on-site
learning upon the State Superintendent's declaration
that remote learning days or blended remote learning
days are no longer deemed necessary.
(5) The general superintendent of schools shall
periodically review and amend the district's remote and
blended remote learning day plan, as needed, to ensure the
plan meets the needs of all students.
(6) Each remote and blended remote learning day plan
shall be posted on the district's Internet website where
other policies, rules, and standards of conduct are posted
and shall be provided to students and faculty.
(7) This Section does not create any additional

HB3573 Engrossed - 35 - LRB102 12055 CMG 17392 b
employee bargaining rights and does not remove any
employee bargaining rights.
(8) Statutory and regulatory curricular mandates and
offerings may be administered via the district's remote
and blended remote learning day plan, except that the
district may not offer individual behind-the-wheel
instruction required by Section 27-24.2 via the district's
remote and blended remote learning day plan. This Section
does not relieve schools and the district from completing
all statutory and regulatory curricular mandates and
offerings.
(Source: P.A. 101-643, eff. 6-18-20.)
(105 ILCS 5/34-18.67 new)
Sec. 34-18.67. Remote learning.
(a) The school district may utilize a remote learning day
meeting the requirements of this Section instead of an
emergency day provided for in the school calendar. However,
the number of remote learning days used in a school year under
this Section may not exceed the number of emergency days
provided for in the school calendar. A remote learning day
under this Section shall be deemed a pupil attendance day for
calculation of the length of the school term under Section
10-19.
(b) The general superintendent of schools must approve a
remote learning plan for the district before the district may

HB3573 Engrossed - 36 - LRB102 12055 CMG 17392 b
utilize a remote learning day under this Section. The remote
learning plan must address all of the following:
(1) The accessibility of remote instruction, including
non-electronic materials, to all students enrolled in the
district.
(2) The requirement that remote learning day
activities reflect State learning standards, if
applicable.
(3) A means for a student to confer with an educator,
as necessary.
(4) The unique needs of a student in a special
population, including, but not limited to, a student
eligible for special education services under Article 14,
a student who is an English learner, as defined in Section
14C-2, or a student who is a homeless person, child, or
youth, as defined in the Education for Homeless Children
Act, or other vulnerable student population.
(5) How the district will take attendance and monitor
and verify each student's remote participation.
(6) An assurance of at least 5 clock hours of school
work, as required under Section 10-19.05, for each student
participating in the remote learning day.
Approval of a remote learning plan by the general
superintendent of schools shall be for an initial term of 3
years. Every 3 years thereafter, the general superintendent of
schools shall review the plan and make any necessary changes.

HB3573 Engrossed - 37 - LRB102 12055 CMG 17392 b
During the 3-year term of a remote learning plan, the general
superintendent of schools may periodically review and amend
the plan as needed to ensure that the plan meets the needs of
all students and faculty.
The remote learning plan must be posted on the district's
Internet website where other policies, rules, and standards of
conduct are posted and must be provided to students and
faculty. Any changes to the remote learning plan must be
posted on the district's Internet website.
(c) The district must provide effective notice to students
and their parents or guardians of the use of a particular day
as a remote learning day.
(d) The district must provide students and faculty with
adequate training on how to participate in a remote learning
day.
(e) The district shall ensure an opportunity for any
collective bargaining negotiations with representatives of the
district's employees that would be legally required, including
all classifications of district employees who are represented
by a collective bargaining agreement and who would be affected
in the event a remote learning day is used.
(f) Statutory and regulatory curricular mandates and
offerings may be administered via remote learning under the
remote learning plan. This Section does not relieve a school
or the district from completing all statutory and regulatory
curricular mandates and offerings.

HB3573 Engrossed - 38 - LRB102 12055 CMG 17392 b
(g) A remote learning day may utilize the Internet,
telephones, texts, chat rooms, or other similar means of
electronic communication for instruction and interaction
between educators and students if such utilization meets the
needs of all learners.
(h) The State Board of Education may adopt rules
consistent with the provisions of this Section that are
necessary to implement this Section.
Section 99. Effective date. This Act takes effect July 1,
2021.