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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6141 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
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| 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | 105 ILCS 5/27-24.2 | from Ch. 122, par. 27-24.2 | 105 ILCS 5/27-24.3 | from Ch. 122, par. 27-24.3 |
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Amends the School Code. Provides that 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. Provides that if a district chooses to contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the school holds a license issued by the Secretary of State. With respect to the requirement that a driver education course consist of at
least 6 clock hours of practice driving in a car having dual operating
controls in order for a school district to receive reimbursement from the
State, provides that the State Board of Education may allow, in lieu of not more
than 5 clock hours of practice driving in a dual control car, such practice driving instruction as it determines is the equivalent of such practice driving in a dual control car. Allows school districts to adopt a policy to permit proficiency examinations for the practice driving part of the driver education course at any time after the completion of 3 hours of practice driving under direct individual instruction. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 School Code is amended by changing Sections |
5 | | 2-3.25g, 27-24.2, and 27-24.3 as follows:
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6 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) |
7 | | Sec. 2-3.25g. Waiver or modification of mandates within the |
8 | | School
Code and administrative rules and regulations. |
9 | | (a) In this Section: |
10 | | "Board" means a school board or the governing board or |
11 | | administrative district, as the case may be, for a joint |
12 | | agreement. |
13 | | "Eligible applicant" means a school district, joint |
14 | | agreement made up of school districts, or regional |
15 | | superintendent of schools on behalf of schools and programs |
16 | | operated by the regional office of education.
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17 | | "Implementation date" has the meaning set forth in |
18 | | Section 24A-2.5 of this Code. |
19 | | "State Board" means the State Board of Education.
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20 | | (b) Notwithstanding any other
provisions of this School |
21 | | Code or any other law of this State to the
contrary, eligible |
22 | | applicants may petition the State Board of Education for the
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23 | | waiver or modification of the mandates of this School Code or |
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1 | | of the
administrative rules and regulations promulgated by the |
2 | | State Board of
Education. Waivers or modifications of |
3 | | administrative rules and regulations
and modifications of |
4 | | mandates of this School Code may be requested when an eligible |
5 | | applicant demonstrates that it can address the intent of the |
6 | | rule or
mandate in a more effective, efficient, or economical |
7 | | manner or when necessary
to stimulate innovation or improve |
8 | | student performance. Waivers of
mandates of
the School Code may |
9 | | be requested when the waivers are necessary to stimulate
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10 | | innovation or improve student performance. Waivers may not be |
11 | | requested
from laws, rules, and regulations pertaining to |
12 | | special education, teacher educator licensure, teacher tenure |
13 | | and seniority, or Section 5-2.1 of this Code or from compliance |
14 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). |
15 | | Eligible applicants may not seek a waiver or seek a |
16 | | modification of a mandate regarding the requirements for (i) |
17 | | student performance data to be a significant factor in teacher |
18 | | or principal evaluations or (ii) teachers and principals to be |
19 | | rated using the 4 categories of "excellent", "proficient", |
20 | | "needs improvement", or "unsatisfactory". On September 1, |
21 | | 2014, any previously authorized waiver or modification from |
22 | | such requirements shall terminate. |
23 | | (c) Eligible applicants, as a matter of inherent managerial |
24 | | policy, and any
Independent Authority established under |
25 | | Section 2-3.25f-5 of this Code may submit an
application for a |
26 | | waiver or modification authorized under this Section. Each
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1 | | application must include a written request by the eligible |
2 | | applicant or
Independent Authority and must demonstrate that |
3 | | the intent of the mandate can
be addressed in a more effective, |
4 | | efficient, or economical manner
or be based
upon a specific |
5 | | plan for improved student performance and school improvement.
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6 | | Any eligible applicant requesting a waiver or modification for |
7 | | the reason that intent
of the mandate can be addressed in a |
8 | | more economical manner shall include in
the application a |
9 | | fiscal analysis showing current expenditures on the mandate
and |
10 | | projected savings resulting from the waiver
or modification. |
11 | | Applications
and plans developed by eligible applicants must be |
12 | | approved by the board or regional superintendent of schools |
13 | | applying on behalf of schools or programs operated by the |
14 | | regional office of education following a public hearing on the |
15 | | application and plan and the
opportunity for the board or |
16 | | regional superintendent to hear testimony from staff
directly |
17 | | involved in
its implementation, parents, and students. The time |
18 | | period for such testimony shall be separate from the time |
19 | | period established by the eligible applicant for public comment |
20 | | on other matters. If the applicant is a school district or |
21 | | joint agreement requesting a waiver or modification of Section |
22 | | 27-6 of this Code, the public hearing shall be held on a day |
23 | | other than the day on which a regular meeting of the board is |
24 | | held. |
25 | | (c-5) If the applicant is a school district, then the |
26 | | district shall post information that sets forth the time, date, |
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1 | | place, and general subject matter of the public hearing on its |
2 | | Internet website at least 14 days prior to the hearing. If the |
3 | | district is requesting to increase the fee charged for driver |
4 | | education authorized pursuant to Section 27-24.2 of this Code, |
5 | | the website information shall include the proposed amount of |
6 | | the fee the district will request. All school districts must |
7 | | publish a notice of the public hearing at least 7 days prior to |
8 | | the hearing in a newspaper of general circulation within the |
9 | | school district that sets forth the time, date, place, and |
10 | | general subject matter of the hearing. Districts requesting to |
11 | | increase the fee charged for driver education shall include in |
12 | | the published notice the proposed amount of the fee the |
13 | | district will request. If the applicant is a joint agreement or |
14 | | regional superintendent, then the joint agreement or regional |
15 | | superintendent shall post information that sets forth the time, |
16 | | date, place, and general subject matter of the public hearing |
17 | | on its Internet website at least 14 days prior to the hearing. |
18 | | If the joint agreement or regional superintendent is requesting |
19 | | to increase the fee charged for driver education authorized |
20 | | pursuant to Section 27-24.2 of this Code, the website |
21 | | information shall include the proposed amount of the fee the |
22 | | applicant will request. All joint agreements and regional |
23 | | superintendents must publish a notice of the public hearing at |
24 | | least 7 days prior to the hearing in a newspaper of general |
25 | | circulation in each school district that is a member of the |
26 | | joint agreement or that is served by the educational service |
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1 | | region that sets forth the time, date, place, and general |
2 | | subject matter of the hearing, provided that a notice appearing |
3 | | in a newspaper generally circulated in more than one school |
4 | | district shall be deemed to fulfill this requirement with |
5 | | respect to all of the affected districts. Joint agreements or |
6 | | regional superintendents requesting to increase the fee |
7 | | charged for driver education shall include in the published |
8 | | notice the proposed amount of the fee the applicant will |
9 | | request. The
eligible applicant must notify in writing the |
10 | | affected exclusive collective
bargaining agent and those State |
11 | | legislators representing the eligible applicant's territory of
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12 | | its
intent to seek approval of a
waiver or
modification and of |
13 | | the hearing to be held to take testimony from staff.
The |
14 | | affected exclusive collective bargaining agents shall be |
15 | | notified of such
public hearing at least 7 days prior to the |
16 | | date of the hearing and shall be
allowed to attend
such public |
17 | | hearing. The eligible applicant shall attest to compliance with |
18 | | all of
the notification and procedural requirements set forth |
19 | | in this Section. |
20 | | (d) A request for a waiver or modification of |
21 | | administrative rules and
regulations or for a modification of |
22 | | mandates contained in this School Code
shall be submitted to |
23 | | the State Board of Education within 15 days after
approval by |
24 | | the board or regional superintendent of schools. The |
25 | | application as submitted to the
State Board of Education shall |
26 | | include a description of the public hearing. Except with |
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1 | | respect to contracting for adaptive driver education, an |
2 | | eligible applicant wishing to request a modification or waiver |
3 | | of administrative rules of the State Board of Education |
4 | | regarding contracting with a commercial driver training school |
5 | | to provide the course of study authorized under Section 27-24.2 |
6 | | of this Code must provide evidence with its application that |
7 | | the commercial driver training school with which it will |
8 | | contract holds a license issued by the Secretary of State under |
9 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that |
10 | | each instructor employed by the commercial driver training |
11 | | school to provide instruction to students served by the school |
12 | | district holds a valid teaching certificate or teaching |
13 | | license, as applicable, issued under the requirements of this |
14 | | Code and rules of the State Board of Education. Such evidence |
15 | | must include, but need not be limited to, a list of each |
16 | | instructor assigned to teach students served by the school |
17 | | district, which list shall include the instructor's name, |
18 | | personal identification number as required by the State Board |
19 | | of Education, birth date, and driver's license number. If the |
20 | | modification or waiver is granted, then the eligible applicant |
21 | | shall notify the State Board of Education of any changes in the |
22 | | personnel providing instruction within 15 calendar days after |
23 | | an instructor leaves the program or a new instructor is hired. |
24 | | Such notification shall include the instructor's name, |
25 | | personal identification number as required by the State Board |
26 | | of Education, birth date, and driver's license number. If a |
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1 | | school district maintains an Internet website, then the |
2 | | district shall post a copy of the final contract between the |
3 | | district and the commercial driver training school on the |
4 | | district's Internet website. If no Internet website exists, |
5 | | then the district shall make available the contract upon |
6 | | request. A record of all materials in relation to the |
7 | | application for contracting must be maintained by the school |
8 | | district and made available to parents and guardians upon |
9 | | request. The instructor's date of birth and driver's license |
10 | | number and any other personally identifying information as |
11 | | deemed by the federal Driver's Privacy Protection Act of 1994 |
12 | | must be redacted from any public materials.
Following receipt |
13 | | of the waiver or modification request, the
State Board shall |
14 | | have 45 days to review the application and request. If the
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15 | | State Board fails to disapprove the application within that 45 |
16 | | day period, the
waiver or modification shall be deemed granted. |
17 | | The State Board
may disapprove
any request if it is not based |
18 | | upon sound educational practices, endangers the
health or |
19 | | safety of students or staff, compromises equal opportunities |
20 | | for
learning, or fails to demonstrate that the intent of the |
21 | | rule or mandate can be
addressed in a more effective, |
22 | | efficient, or economical manner or have improved
student |
23 | | performance as a primary goal. Any request disapproved by the |
24 | | State
Board may be appealed to the General Assembly by the |
25 | | eligible applicant
as outlined in this Section. |
26 | | A request for a waiver from mandates contained in this |
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1 | | School Code shall be
submitted to the State Board within 15 |
2 | | days after approval by the board or regional superintendent of |
3 | | schools.
The application as submitted to the State Board of |
4 | | Education
shall include a description of the public hearing. |
5 | | The description shall
include, but need not be limited to, the |
6 | | means of notice, the number of people
in attendance, the number |
7 | | of people who spoke as proponents or opponents of the
waiver, a |
8 | | brief description of their comments, and whether there were any
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9 | | written statements submitted.
The State Board shall review the |
10 | | applications and requests for
completeness and shall compile |
11 | | the requests in reports to be filed with the
General Assembly.
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12 | | The State Board shall file
reports outlining the waivers
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13 | | requested by eligible applicants
and appeals by eligible |
14 | | applicants of requests
disapproved by the State Board with the |
15 | | Senate and the House of
Representatives before each March 1 and
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16 | | October
1. The General Assembly may disapprove the report of |
17 | | the State Board in whole
or in part within 60 calendar days |
18 | | after each house of the General Assembly
next
convenes after |
19 | | the report is filed by adoption of a resolution by a record |
20 | | vote
of the majority of members elected in each house. If the |
21 | | General Assembly
fails to disapprove any waiver request or |
22 | | appealed request within such 60
day period, the waiver or |
23 | | modification shall be deemed granted. Any resolution
adopted by |
24 | | the General Assembly disapproving a report of the State Board |
25 | | in
whole or in part shall be binding on the State Board. |
26 | | (e) An approved waiver or modification (except a waiver |
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1 | | from or modification to a physical education mandate) may |
2 | | remain in effect for a period not to
exceed 5 school years and |
3 | | may be renewed upon application by the
eligible applicant. |
4 | | However, such waiver or modification may be changed within that
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5 | | 5-year period by a board or regional superintendent of schools |
6 | | applying on behalf of schools or programs operated by the |
7 | | regional office of education following the procedure as set
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8 | | forth in this Section for the initial waiver or modification |
9 | | request. If
neither the State Board of Education nor the |
10 | | General Assembly disapproves, the
change is deemed granted. |
11 | | An approved waiver from or modification to a physical |
12 | | education mandate may remain in effect for a period not to |
13 | | exceed 2 school years and may be renewed no more than 2 times |
14 | | upon application by the eligible applicant. An approved waiver |
15 | | from or modification to a physical education mandate may be |
16 | | changed within the 2-year period by the board or regional |
17 | | superintendent of schools, whichever is applicable, following |
18 | | the procedure set forth in this Section for the initial waiver |
19 | | or modification request. If neither the State Board of |
20 | | Education nor the General Assembly disapproves, the change is |
21 | | deemed granted.
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22 | | (f) (Blank). |
23 | | (Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; |
24 | | 98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
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25 | | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) |
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1 | | Sec. 27-24.2. Safety education; driver education course. |
2 | | Instruction shall be given in safety education in each of |
3 | | grades one through though 8, equivalent to one class period |
4 | | each week, and any school district which maintains
grades 9 |
5 | | through 12 shall offer a driver education course in any such |
6 | | school
which it operates. Its curriculum shall include content |
7 | | dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois |
8 | | Vehicle Code, the rules adopted pursuant to those Chapters |
9 | | insofar as they pertain to the operation of motor vehicles, and |
10 | | the portions of the Litter Control Act relating to the |
11 | | operation of motor vehicles. The course of instruction given in |
12 | | grades 10 through 12 shall include an emphasis on the |
13 | | development of knowledge, attitudes, habits, and skills |
14 | | necessary for the safe operation of motor vehicles, including |
15 | | motorcycles insofar as they can be taught in the classroom, and |
16 | | instruction on distracted driving as a major traffic safety |
17 | | issue. In addition, the course shall include instruction on |
18 | | special hazards existing at and required safety and driving |
19 | | precautions that must be observed at emergency situations, |
20 | | highway construction and maintenance zones, and railroad |
21 | | crossings and the approaches thereto. The course of instruction |
22 | | required of each eligible student at the high school level |
23 | | shall consist of a minimum of 30 clock hours of classroom |
24 | | instruction and a minimum of 6 clock hours of individual |
25 | | behind-the-wheel instruction in a dual control car on public |
26 | | roadways taught by a driver education instructor endorsed by |
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1 | | the State Board of Education. Both the classroom instruction |
2 | | part and the practice driving
part of such driver education |
3 | | course shall be open to a resident or
non-resident student |
4 | | attending a non-public school in the district wherein the
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5 | | course is offered. Each student attending any public or |
6 | | non-public high school
in the district must receive a passing |
7 | | grade in at least 8 courses during the
previous 2 semesters |
8 | | prior to enrolling in a driver education course, or the
student |
9 | | shall not be permitted to enroll in the course; provided that |
10 | | the local
superintendent of schools (with respect to a student |
11 | | attending a public high
school in the district) or chief school |
12 | | administrator (with respect to a
student attending a non-public |
13 | | high school in the district) may waive the
requirement if the |
14 | | superintendent or chief school administrator, as the case
may |
15 | | be, deems it to be in the best interest of the student. A |
16 | | student may be allowed to commence the
classroom instruction |
17 | | part of such driver education course prior to reaching
age 15 |
18 | | if such student then will be eligible to complete the entire |
19 | | course
within 12 months after being allowed to commence such |
20 | | classroom instruction. |
21 | | A school district may offer a driver education course in a |
22 | | school by contracting with a commercial driver training school |
23 | | to provide both the classroom instruction part and the practice |
24 | | driving part or either one without having to request a |
25 | | modification or waiver of administrative rules of the State |
26 | | Board of Education. If a school district chooses to contract |
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1 | | with a commercial driver training school, then the district |
2 | | must provide evidence to the State Board of Education that the |
3 | | commercial driver training school with which it will contract |
4 | | holds a license issued by the Secretary of State under Article |
5 | | IV of Chapter 6 of the Illinois Vehicle Code. |
6 | | Such a course may be commenced immediately after the |
7 | | completion of a prior
course. Teachers of such courses shall |
8 | | meet the licensure certification requirements of
this Code Act |
9 | | and regulations of the State Board as to qualifications. |
10 | | Subject to rules of the State Board of Education, the |
11 | | school district may charge a reasonable fee, not to exceed $50, |
12 | | to students who participate in the course, unless a student is |
13 | | unable to pay for such a course, in which event the fee for |
14 | | such a student must be waived. However, the district may |
15 | | increase this fee to an amount not to exceed $250 by school |
16 | | board resolution following a public hearing on the increase, |
17 | | which increased fee must be waived for students who participate |
18 | | in the course and are unable to pay for the course. The total |
19 | | amount from driver education fees and reimbursement from the |
20 | | State for driver education must not exceed the total cost of |
21 | | the driver education program in any year and must be deposited |
22 | | into the school district's driver education fund as a separate |
23 | | line item budget entry. All moneys deposited into the school |
24 | | district's driver education fund must be used solely for the |
25 | | funding of a high school driver education program approved by |
26 | | the State Board of Education that uses driver education |
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1 | | instructors endorsed by the State Board of Education. |
2 | | (Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11; |
3 | | revised 10-21-15.)
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4 | | (105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
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5 | | Sec. 27-24.3. Reimbursement. In order for the school |
6 | | district to receive reimbursement from the
State as hereinafter |
7 | | provided, the driver education course offered in
its schools |
8 | | shall consist of at least 30 clock hours of classroom
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9 | | instruction and, subject to modification as hereinafter |
10 | | allowed, at
least 6 clock hours of practice driving in a car |
11 | | having dual operating
controls under direct individual |
12 | | instruction. The State Board may allow, in lieu of not more |
13 | | than 5 clock hours of practice driving in a dual control car, |
14 | | such practice driving instruction as it determines is the |
15 | | equivalent of such practice driving in a dual control car. |
16 | | School districts may adopt a policy to permit proficiency |
17 | | examinations for the practice driving part of the driver |
18 | | education course at any time after the completion of 3 hours of
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19 | | practice driving under direct individual instruction.
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20 | | (Source: P.A. 95-310, eff. 7-1-08 .)
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