Bill Text: IL SB1523 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code. Provides that physical education may (rather than shall) be provided to pupils. Makes related changes, including changes concerning physical fitness assessments. Removes a provision concerning the State Board of Education preparing and making available guidelines for the various grades and types of schools.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-04-07 - Rule 2-10 Committee Deadline Established As May 5, 2017 [SB1523 Detail]

Download: Illinois-2017-SB1523-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1523

Introduced 2/9/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/27-5 from Ch. 122, par. 27-5
105 ILCS 5/27-6 from Ch. 122, par. 27-6
105 ILCS 5/27-6.5
105 ILCS 5/27-7 from Ch. 122, par. 27-7

Amends the School Code. Provides that physical education may (rather than shall) be provided to pupils. Makes related changes, including changes concerning physical fitness assessments. Removes a provision concerning the State Board of Education preparing and making available guidelines for the various grades and types of schools.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
52-3.25g, 27-5, 27-6, 27-6.5, and 27-7 as follows:
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
8School 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.
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.
20 (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance. Waivers may not be
11requested from laws, rules, and regulations pertaining to
12special education, teacher educator licensure, teacher tenure
13and seniority, or Section 5-2.1 of this Code or from compliance
14with the No Child Left Behind Act of 2001 (Public Law 107-110).
15Eligible applicants may not seek a waiver or seek a
16modification of a mandate regarding the requirements for (i)
17student performance data to be a significant factor in teacher
18or principal evaluations or (ii) teachers and principals to be
19rated using the 4 categories of "excellent", "proficient",
20"needs improvement", or "unsatisfactory". On September 1,
212014, any previously authorized waiver or modification from
22such requirements shall terminate.
23 (c) Eligible applicants, as a matter of inherent managerial
24policy, and any Independent Authority established under
25Section 2-3.25f-5 of this Code may submit an application for a
26waiver or modification authorized under this Section. Each

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1application must include a written request by the eligible
2applicant or Independent Authority and must demonstrate that
3the intent of the mandate can be addressed in a more effective,
4efficient, or economical manner or be based upon a specific
5plan for improved student performance and school improvement.
6Any eligible applicant requesting a waiver or modification for
7the reason that intent of the mandate can be addressed in a
8more economical manner shall include in the application a
9fiscal analysis showing current expenditures on the mandate and
10projected savings resulting from the waiver or modification.
11Applications and plans developed by eligible applicants must be
12approved by the board or regional superintendent of schools
13applying on behalf of schools or programs operated by the
14regional office of education following a public hearing on the
15application and plan and the opportunity for the board or
16regional superintendent to hear testimony from staff directly
17involved in its implementation, parents, and students. The time
18period for such testimony shall be separate from the time
19period established by the eligible applicant for public comment
20on other matters. If the applicant is a school district or
21joint agreement requesting a waiver or modification of Section
2227-6 of this Code, the public hearing shall be held on a day
23other than the day on which a regular meeting of the board is
24held.
25 (c-5) If the applicant is a school district, then the
26district shall post information that sets forth the time, date,

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1place, and general subject matter of the public hearing on its
2Internet website at least 14 days prior to the hearing. If the
3district is requesting to increase the fee charged for driver
4education authorized pursuant to Section 27-24.2 of this Code,
5the website information shall include the proposed amount of
6the fee the district will request. All school districts must
7publish a notice of the public hearing at least 7 days prior to
8the hearing in a newspaper of general circulation within the
9school district that sets forth the time, date, place, and
10general subject matter of the hearing. Districts requesting to
11increase the fee charged for driver education shall include in
12the published notice the proposed amount of the fee the
13district will request. If the applicant is a joint agreement or
14regional superintendent, then the joint agreement or regional
15superintendent shall post information that sets forth the time,
16date, place, and general subject matter of the public hearing
17on its Internet website at least 14 days prior to the hearing.
18If the joint agreement or regional superintendent is requesting
19to increase the fee charged for driver education authorized
20pursuant to Section 27-24.2 of this Code, the website
21information shall include the proposed amount of the fee the
22applicant will request. All joint agreements and regional
23superintendents must publish a notice of the public hearing at
24least 7 days prior to the hearing in a newspaper of general
25circulation in each school district that is a member of the
26joint agreement or that is served by the educational service

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1region that sets forth the time, date, place, and general
2subject matter of the hearing, provided that a notice appearing
3in a newspaper generally circulated in more than one school
4district shall be deemed to fulfill this requirement with
5respect to all of the affected districts. Joint agreements or
6regional superintendents requesting to increase the fee
7charged for driver education shall include in the published
8notice the proposed amount of the fee the applicant will
9request. The eligible applicant must notify in writing the
10affected exclusive collective bargaining agent and those State
11legislators representing the eligible applicant's territory of
12its intent to seek approval of a waiver or modification and of
13the hearing to be held to take testimony from staff. The
14affected exclusive collective bargaining agents shall be
15notified of such public hearing at least 7 days prior to the
16date of the hearing and shall be allowed to attend such public
17hearing. The eligible applicant shall attest to compliance with
18all of the notification and procedural requirements set forth
19in this Section.
20 (d) A request for a waiver or modification of
21administrative rules and regulations or for a modification of
22mandates contained in this School Code shall be submitted to
23the State Board of Education within 15 days after approval by
24the board or regional superintendent of schools. The
25application as submitted to the State Board of Education shall
26include a description of the public hearing. Except with

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1respect to contracting for adaptive driver education, an
2eligible applicant wishing to request a modification or waiver
3of administrative rules of the State Board of Education
4regarding contracting with a commercial driver training school
5to provide the course of study authorized under Section 27-24.2
6of this Code must provide evidence with its application that
7the commercial driver training school with which it will
8contract holds a license issued by the Secretary of State under
9Article IV of Chapter 6 of the Illinois Vehicle Code and that
10each instructor employed by the commercial driver training
11school to provide instruction to students served by the school
12district holds a valid teaching certificate or teaching
13license, as applicable, issued under the requirements of this
14Code and rules of the State Board of Education. Such evidence
15must include, but need not be limited to, a list of each
16instructor assigned to teach students served by the school
17district, which list shall include the instructor's name,
18personal identification number as required by the State Board
19of Education, birth date, and driver's license number. If the
20modification or waiver is granted, then the eligible applicant
21shall notify the State Board of Education of any changes in the
22personnel providing instruction within 15 calendar days after
23an instructor leaves the program or a new instructor is hired.
24Such notification shall include the instructor's name,
25personal identification number as required by the State Board
26of Education, birth date, and driver's license number. If a

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1school district maintains an Internet website, then the
2district shall post a copy of the final contract between the
3district and the commercial driver training school on the
4district's Internet website. If no Internet website exists,
5then the district shall make available the contract upon
6request. A record of all materials in relation to the
7application for contracting must be maintained by the school
8district and made available to parents and guardians upon
9request. The instructor's date of birth and driver's license
10number and any other personally identifying information as
11deemed by the federal Driver's Privacy Protection Act of 1994
12must be redacted from any public materials. Following receipt
13of the waiver or modification request, the State Board shall
14have 45 days to review the application and request. If the
15State Board fails to disapprove the application within that 45
16day period, the waiver or modification shall be deemed granted.
17The State Board may disapprove any request if it is not based
18upon sound educational practices, endangers the health or
19safety of students or staff, compromises equal opportunities
20for learning, or fails to demonstrate that the intent of the
21rule or mandate can be addressed in a more effective,
22efficient, or economical manner or have improved student
23performance as a primary goal. Any request disapproved by the
24State Board may be appealed to the General Assembly by the
25eligible applicant as outlined in this Section.
26 A request for a waiver from mandates contained in this

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1School Code shall be submitted to the State Board within 15
2days after approval by the board or regional superintendent of
3schools. The application as submitted to the State Board of
4Education shall include a description of the public hearing.
5The description shall include, but need not be limited to, the
6means of notice, the number of people in attendance, the number
7of people who spoke as proponents or opponents of the waiver, a
8brief description of their comments, and whether there were any
9written statements submitted. The State Board shall review the
10applications and requests for completeness and shall compile
11the requests in reports to be filed with the General Assembly.
12The State Board shall file reports outlining the waivers
13requested by eligible applicants and appeals by eligible
14applicants of requests disapproved by the State Board with the
15Senate and the House of Representatives before each March 1 and
16October 1. The General Assembly may disapprove the report of
17the State Board in whole or in part within 60 calendar days
18after each house of the General Assembly next convenes after
19the report is filed by adoption of a resolution by a record
20vote of the majority of members elected in each house. If the
21General Assembly fails to disapprove any waiver request or
22appealed request within such 60 day period, the waiver or
23modification shall be deemed granted. Any resolution adopted by
24the General Assembly disapproving a report of the State Board
25in 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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1from or modification to a physical education mandate) may
2remain in effect for a period not to exceed 5 school years and
3may be renewed upon application by the eligible applicant.
4However, such waiver or modification may be changed within that
55-year period by a board or regional superintendent of schools
6applying on behalf of schools or programs operated by the
7regional office of education following the procedure as set
8forth in this Section for the initial waiver or modification
9request. If neither the State Board of Education nor the
10General Assembly disapproves, the change is deemed granted.
11 An approved waiver from or modification to a physical
12education mandate may remain in effect for a period not to
13exceed 2 school years and may be renewed no more than 2 times
14upon application by the eligible applicant. An approved waiver
15from or modification to a physical education mandate may be
16changed within the 2-year period by the board or regional
17superintendent of schools, whichever is applicable, following
18the procedure set forth in this Section for the initial waiver
19or modification request. If neither the State Board of
20Education nor the General Assembly disapproves, the change is
21deemed granted.
22 (f) (Blank).
23(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
2498-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
25 (105 ILCS 5/27-5) (from Ch. 122, par. 27-5)

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1 Sec. 27-5. Physical education and training. School boards
2of public schools and the Board of Governors of State Colleges
3and Universities may shall provide for the physical education
4and training of pupils of the schools and laboratory schools
5under their respective control, and may shall include physical
6education and training in the courses of study regularly taught
7therein. The physical education and training course offered in
8grades 5 through 10 may include the health education course
9required in the Critical Health Problems and Comprehensive
10Health Education Act.
11(Source: P.A. 89-618, eff. 8-9-96.)
12 (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
13 Sec. 27-6. Courses in physical education required; special
14activities.
15 (a) Pupils enrolled in the public schools and State
16universities engaged in preparing teachers may shall be
17required to engage daily during the school day, except on block
18scheduled days for those public schools engaged in block
19scheduling, in courses of physical education for such periods
20as are compatible with the optimum growth and developmental
21needs of individuals at the various age levels except when
22appropriate excuses are submitted to the school by a pupil's
23parent or guardian or by a person licensed under the Medical
24Practice Act of 1987 and except as provided in subsection (b)
25of this Section.

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1 If a public school elects to provide physical education,
2special Special activities in physical education shall be
3provided for pupils whose physical or emotional condition, as
4determined by a person licensed under the Medical Practice Act
5of 1987, prevents their participation in the courses provided
6for normal children.
7 (b) A school board is authorized to excuse pupils enrolled
8in grades 11 and 12 from engaging in physical education courses
9if those pupils request to be excused for any of the following
10reasons: (1) for ongoing participation in an interscholastic
11athletic program; (2) to enroll in academic classes which are
12required for admission to an institution of higher learning,
13provided that failure to take such classes will result in the
14pupil being denied admission to the institution of his or her
15choice; or (3) to enroll in academic classes which are required
16for graduation from high school, provided that failure to take
17such classes will result in the pupil being unable to graduate.
18A school board may also excuse pupils in grades 9 through 12
19enrolled in a marching band program for credit from engaging in
20physical education courses if those pupils request to be
21excused for ongoing participation in such marching band
22program. In addition, a pupil in any of grades 3 through 12 who
23is eligible for special education may be excused if the pupil's
24parent or guardian agrees that the pupil must utilize the time
25set aside for physical education to receive special education
26support and services or, if there is no agreement, the

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1individualized education program team for the pupil determines
2that the pupil must utilize the time set aside for physical
3education to receive special education support and services,
4which agreement or determination must be made a part of the
5individualized education program. However, a pupil requiring
6adapted physical education must receive that service in
7accordance with the individualized education program developed
8for the pupil. If requested, a school board is authorized to
9excuse a pupil from engaging in a physical education course if
10the pupil has an individualized educational program under
11Article 14 of this Code, is participating in an adaptive
12athletic program outside of the school setting, and documents
13such participation as determined by the school board. A school
14board may also excuse pupils in grades 9 through 12 enrolled in
15a Reserve Officer's Training Corps (ROTC) program sponsored by
16the school district from engaging in physical education
17courses. School boards which choose to exercise this authority
18may shall establish a policy to excuse pupils on an individual
19basis.
20 (c) The provisions of this Section are subject to the
21provisions of Section 27-22.05.
22(Source: P.A. 98-116, eff. 7-29-13.)
23 (105 ILCS 5/27-6.5)
24 Sec. 27-6.5. Physical fitness assessments in schools.
25 (a) As used in this Section, "physical fitness assessment"

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1means a series of assessments to measure aerobic capacity, body
2composition, muscular strength, muscular endurance, and
3flexibility.
4 (b) To measure the effectiveness of State Goal 20 of the
5Illinois Learning Standards for Physical Development and
6Health, beginning with the 2016-2017 school year and every
7school year thereafter, the State Board of Education may allow
8shall require all public schools to use a scientifically-based,
9health-related physical fitness assessment for grades 3
10through 12 and periodically report fitness information to the
11State Board of Education, as set forth in subsections (c) and
12(e) of this Section, to assess student fitness indicators.
13 Public schools may shall integrate health-related fitness
14testing into the curriculum as an instructional tool, except in
15grades before the 3rd grade. Fitness tests must be appropriate
16to students' developmental levels and physical abilities. The
17testing must be used to teach students how to assess their
18fitness levels, set goals for improvement, and monitor progress
19in reaching their goals. Fitness scores shall not be used for
20grading students or evaluating teachers.
21 (c) On or before October 1, 2014, the State Superintendent
22of Education shall appoint a 15-member stakeholder and expert
23task force, including members representing organizations that
24represent physical education teachers, school officials,
25principals, health promotion and disease prevention advocates
26and experts, school health advocates and experts, and other

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1experts with operational and academic expertise in the
2measurement of fitness. The task force shall make
3recommendations to the State Board of Education on the
4following:
5 (1) methods for ensuring the validity and uniformity of
6 reported physical fitness assessment scores, including
7 assessment administration protocols and professional
8 development approaches for physical education teachers;
9 (2) how often physical fitness assessment scores
10 should be reported to the State Board of Education;
11 (3) the grade levels within elementary, middle, and
12 high school categories for which physical fitness
13 assessment scores should be reported to the State Board of
14 Education;
15 (4) the minimum fitness indicators that should be
16 reported to the State Board of Education, including, but
17 not limited to, a score for aerobic capacity (for grades 4
18 through 12); muscular strength; endurance; and
19 flexibility;
20 (5) the demographic information that should accompany
21 the scores, including, but not limited to, grade and
22 gender;
23 (6) the development of protocols regarding the
24 protection of students' confidentiality and individual
25 information and identifiers; and
26 (7) how physical fitness assessment data should be

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1 reported by the State Board of Education to the public,
2 including potential correlations with student academic
3 achievement, attendance, and discipline data and other
4 recommended uses of the reported data.
5 The State Board of Education shall provide administrative
6and other support to the task force.
7 The task force shall submit its recommendations on physical
8fitness assessments on or before April 1, 2015. The task force
9may also recommend methods for assessing student progress on
10State Goals 19 and 21 through 24 of the Illinois Learning
11Standards for Physical Development and Health. The task force
12is dissolved on April 30, 2015.
13 The provisions of this subsection (c), other than this
14sentence, are inoperative after March 31, 2016.
15 (d) On or before December 31, 2015, the State Board of
16Education shall use the recommendations of the task force under
17subsection (c) of this Section to adopt rules for the
18implementation of physical fitness assessments by each public
19school, electing to participate, for the 2016-2017 school year
20and every school year thereafter.
21 (e) On or before September 1, 2016, the State Board of
22Education may shall adopt rules for data submission by school
23districts and develop a system for collecting and reporting the
24aggregated fitness information from the physical fitness
25assessments. This system may shall also support the collection
26of data from school districts that use a fitness testing

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1software program.
2 (f) School districts may report the aggregate findings of
3physical fitness assessments by grade level and school to
4parents and members of the community through typical
5communication channels, such as Internet websites, school
6newsletters, school board reports, and presentations.
7Districts may also provide individual fitness assessment
8reports to students' parents.
9 (g) Nothing in this Section precludes schools from
10implementing a physical fitness assessment before the
112016-2017 school year or from implementing more robust forms of
12a physical fitness assessment.
13(Source: P.A. 98-859, eff. 8-4-14.)
14 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
15 Sec. 27-7. Physical education course of study. A physical
16education course of study may shall include a developmentally
17planned and sequential curriculum that fosters the development
18of movement skills, enhances health-related fitness, increases
19students' knowledge, offers direct opportunities to learn how
20to work cooperatively in a group setting, and encourages
21healthy habits and attitudes for a healthy lifestyle. A
22physical education course of study may shall provide students
23with an opportunity for an appropriate amount of daily physical
24activity. A physical education course of study may must be part
25of the regular school curriculum and not extra-curricular in

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1nature or organization.
2 The State Board of Education shall prepare and make
3available guidelines for the various grades and types of
4schools in order to make effective the purposes set forth in
5this section and the requirements provided in Section 27-6, and
6shall see that the general provisions and intent of Sections
727-5 to 27-9, inclusive, are enforced.
8(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
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