Bill Text: IL SB1712 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the School Code. In provisions allowing a board of education to enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member, removes a provision that requires any third party that submits a bid to perform the non-instructional services to provide a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to school board employees who perform those services. With respect to excusing pupils from engaging in physical education courses, provides for additional reasons why a pupil may be excused, pursuant to school board policy. Requires a public hearing on whether to adopt such a policy to be held at a regular or special school board meeting prior to adopting the policy. 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 if a public hearing on whether to enter into a contract with a commercial driver training school has been held at a regular or special school board meeting prior to entering into such a contract; sets forth requirements concerning the contract.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1712 Detail]

Download: Illinois-2017-SB1712-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1712 Introduced 2/9/2017, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/10-22.34c
105 ILCS 5/27-6 from Ch. 122, par. 27-6
105 ILCS 5/27-24.2 from Ch. 122, par. 27-24.2
Amends the School Code. In provisions allowing a board of education to enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member, removes a provision that requires any third party that submits a bid to perform the non-instructional services to provide a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to school board employees who perform those services. With respect to excusing pupils from engaging in physical education courses, provides for additional reasons why a pupil may be excused, pursuant to school board policy. Requires a public hearing on whether to adopt such a policy to be held at a regular or special school board meeting prior to adopting the policy. 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 if a public hearing on whether to enter into a contract with a commercial driver training school has been held at a regular or special school board meeting prior to entering into such a contract; sets forth requirements concerning the contract.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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
2-3.25g, 10-22.34c, 27-6, and 27-24.2 as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
(a) In this Section:
"Board" means a school board or the governing board or
administrative district, as the case may be, for a joint
agreement.
"Eligible applicant" means a school district, joint
agreement made up of school districts, or regional
superintendent of schools on behalf of schools and programs
operated by the regional office of education.
"Implementation date" has the meaning set forth in
Section 24A-2.5 of this Code.
"State Board" means the State Board of Education.
(b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or

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of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not be
requested from laws, rules, and regulations pertaining to
special education, teacher educator licensure, teacher tenure
and seniority, or Section 5-2.1 of this Code or from compliance
with the No Child Left Behind Act of 2001 (Public Law 107-110).
Eligible applicants may not seek a waiver or seek a
modification of a mandate regarding the requirements for (i)
student performance data to be a significant factor in teacher
or principal evaluations or (ii) teachers and principals to be
rated using the 4 categories of "excellent", "proficient",
"needs improvement", or "unsatisfactory". On September 1,
2014, any previously authorized waiver or modification from
such requirements shall terminate.
(c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f-5 of this Code may submit an application for a
waiver or modification authorized under this Section. Each

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application must include a written request by the eligible
applicant or Independent Authority and must demonstrate that
the intent of the mandate can be addressed in a more effective,
efficient, or economical manner or be based upon a specific
plan for improved student performance and school improvement.
Any eligible applicant requesting a waiver or modification for
the reason that intent of the mandate can be addressed in a
more economical manner shall include in the application a
fiscal analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from staff directly
involved in its implementation, parents, and students. The time
period for such testimony shall be separate from the time
period established by the eligible applicant for public comment
on other matters. If the applicant is a school district or
joint agreement requesting a waiver or modification of Section
27-6 of this Code, the public hearing shall be held on a day
other than the day on which a regular meeting of the board is
held.
(c-5) If the applicant is a school district, then the
district shall post information that sets forth the time, date,

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place, and general subject matter of the public hearing on its
Internet website at least 14 days prior to the hearing. If the
district is requesting to increase the fee charged for driver
education authorized pursuant to Section 27-24.2 of this Code,
the website information shall include the proposed amount of
the fee the district will request. All school districts must
publish a notice of the public hearing at least 7 days prior to
the hearing in a newspaper of general circulation within the
school district that sets forth the time, date, place, and
general subject matter of the hearing. Districts requesting to
increase the fee charged for driver education shall include in
the published notice the proposed amount of the fee the
district will request. If the applicant is a joint agreement or
regional superintendent, then the joint agreement or regional
superintendent shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the joint agreement or regional superintendent is requesting
to increase the fee charged for driver education authorized
pursuant to Section 27-24.2 of this Code, the website
information shall include the proposed amount of the fee the
applicant will request. All joint agreements and regional
superintendents must publish a notice of the public hearing at
least 7 days prior to the hearing in a newspaper of general
circulation in each school district that is a member of the
joint agreement or that is served by the educational service

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

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

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

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School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the
applications and requests for completeness and shall compile
the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March 1 and
October 1. The General Assembly may disapprove the report of
the State Board in whole or in part within 60 calendar days
after each house of the General Assembly next convenes after
the report is filed by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60 day period, the waiver or
modification shall be deemed granted. Any resolution adopted by
the General Assembly disapproving a report of the State Board
in whole or in part shall be binding on the State Board.
(e) An approved waiver or modification (except a waiver

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from or modification to a physical education mandate) may
remain in effect for a period not to exceed 5 school years and
may be renewed upon application by the eligible applicant.
However, such waiver or modification may be changed within that
5-year period by a board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
An approved waiver from or modification to a physical
education mandate may remain in effect for a period not to
exceed 2 school years and may be renewed no more than 2 times
upon application by the eligible applicant. An approved waiver
from or modification to a physical education mandate may be
changed within the 2-year period by the board or regional
superintendent of schools, whichever is applicable, following
the procedure set forth in this Section for the initial waiver
or modification request. If neither the State Board of
Education nor the General Assembly disapproves, the change is
deemed granted.
(f) (Blank).
(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
(105 ILCS 5/10-22.34c)

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Sec. 10-22.34c. Third party non-instructional services.
(a) A board of education may enter into a contract with a
third party for non-instructional services currently performed
by any employee or bargaining unit member or lay off those
educational support personnel employees upon 90 days written
notice to the affected employees, provided that:
(1) a contract must not be entered into and become
effective during the term of a collective bargaining
agreement, as that term is set forth in the agreement,
covering any employees who perform the non-instructional
services;
(2) a contract may only take effect upon the expiration
of an existing collective bargaining agreement;
(3) any third party that submits a bid to perform the
non-instructional services shall provide the following:
(A) evidence of liability insurance in scope and
amount equivalent to the liability insurance provided
by the school board pursuant to Section 10-22.3 of this
Code;
(B) (blank); a benefits package for the third
party's employees who will perform the
non-instructional services comparable to the benefits
package provided to school board employees who perform
those services;
(C) a list of the number of employees who will
provide the non-instructional services, the job

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classifications of those employees, and the wages the
third party will pay those employees;
(D) a minimum 3-year cost projection, using
generally accepted accounting principles and which the
third party is prohibited from increasing if the bid is
accepted by the school board, for each and every
expenditure category and account for performing the
non-instructional services;
(E) composite information about the criminal and
disciplinary records, including alcohol or other
substance abuse, Department of Children and Family
Services complaints and investigations, traffic
violations, and license revocations or any other
licensure problems, of any employees who may perform
the non-instructional services, provided that the
individual names and other identifying information of
employees need not be provided with the submission of
the bid, but must be made available upon request of the
school board; and
(F) an affidavit, notarized by the president or
chief executive officer of the third party, that each
of its employees has completed a criminal background
check as required by Section 10-21.9 of this Code
within 3 months prior to submission of the bid,
provided that the results of such background checks
need not be provided with the submission of the bid,

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but must be made available upon request of the school
board;
(4) a contract must not be entered into unless the
school board provides a cost comparison, using generally
accepted accounting principles, of each and every
expenditure category and account that the school board
projects it would incur over the term of the contract if it
continued to perform the non-instructional services using
its own employees with each and every expenditure category
and account that is projected a third party would incur if
a third party performed the non-instructional services;
(5) review and consideration of all bids by third
parties to perform the non-instructional services shall
take place in open session of a regularly scheduled school
board meeting, unless the exclusive bargaining
representative of the employees who perform the
non-instructional services, if any such exclusive
bargaining representative exists, agrees in writing that
such review and consideration can take place in open
session at a specially scheduled school board meeting;
(6) a minimum of one public hearing, conducted by the
school board prior to a regularly scheduled school board
meeting, to discuss the school board's proposal to contract
with a third party to perform the non-instructional
services must be held before the school board may enter
into such a contract; the school board must provide notice

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to the public of the date, time, and location of the first
public hearing on or before the initial date that bids to
provide the non-instructional services are solicited or a
minimum of 30 days prior to entering into such a contract,
whichever provides a greater period of notice;
(7) a contract shall contain provisions requiring the
contractor to offer available employee positions pursuant
to the contract to qualified school district employees
whose employment is terminated because of the contract; and
(8) a contract shall contain provisions requiring the
contractor to comply with a policy of nondiscrimination and
equal employment opportunity for all persons and to take
affirmative steps to provide equal opportunity for all
persons.
(b) Notwithstanding subsection (a) of this Section, a board
of education may enter into a contract, of no longer than 3
months in duration, with a third party for non-instructional
services currently performed by an employee or bargaining unit
member for the purpose of augmenting the current workforce in
an emergency situation that threatens the safety or health of
the school district's students or staff, provided that the
school board meets all of its obligations under the Illinois
Educational Labor Relations Act.
(c) The changes to this Section made by this amendatory Act
of the 95th General Assembly are not applicable to
non-instructional services of a school district that on the

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effective date of this amendatory Act of the 95th General
Assembly are performed for the school district by a third
party.
(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
(105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
Sec. 27-6. Courses in physical education required; special
activities.
(a) Pupils enrolled in the public schools and State
universities engaged in preparing teachers shall be required to
engage daily during the school day, except on block scheduled
days for those public schools engaged in block scheduling, in
courses of physical education for such periods as are
compatible with the optimum growth and developmental needs of
individuals at the various age levels except when appropriate
excuses are submitted to the school by a pupil's parent or
guardian or by a person licensed under the Medical Practice Act
of 1987 and except as provided in subsection (b) of this
Section.
Special activities in physical education shall be provided
for pupils whose physical or emotional condition, as determined
by a person licensed under the Medical Practice Act of 1987,
prevents their participation in the courses provided for normal
children.
(b) A school board is authorized to excuse pupils enrolled
in grades 11 and 12 from engaging in physical education courses

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if those pupils request to be excused for any of the following
reasons: (1) for ongoing participation in an interscholastic
athletic program; (2) to enroll in academic classes which are
required for admission to an institution of higher learning,
provided that failure to take such classes will result in the
pupil being denied admission to the institution of his or her
choice; or (3) to enroll in academic classes which are required
for graduation from high school, provided that failure to take
such classes will result in the pupil being unable to graduate.
A school board may also excuse pupils in grades 9 through 12
enrolled in a marching band program for credit from engaging in
physical education courses if those pupils request to be
excused for ongoing participation in such marching band
program. In addition, a pupil in any of grades 3 through 12 who
is eligible for special education may be excused if the pupil's
parent or guardian agrees that the pupil must utilize the time
set aside for physical education to receive special education
support and services or, if there is no agreement, the
individualized education program team for the pupil determines
that the pupil must utilize the time set aside for physical
education to receive special education support and services,
which agreement or determination must be made a part of the
individualized education program. However, a pupil requiring
adapted physical education must receive that service in
accordance with the individualized education program developed
for the pupil. If requested, a school board is authorized to

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excuse a pupil from engaging in a physical education course if
the pupil has an individualized educational program under
Article 14 of this Code, is participating in an adaptive
athletic program outside of the school setting, and documents
such participation as determined by the school board. A school
board may also excuse pupils in grades 9 through 12 enrolled in
a Reserve Officer's Training Corps (ROTC) program sponsored by
the school district from engaging in physical education
courses. School boards which choose to exercise this authority
shall establish a policy to excuse pupils on an individual
basis.
(b-5) In addition to the authority to excuse pupils under
subsection (b) of this Section, a school board may adopt a
policy excusing pupils, on an individual basis, from engaging
in physical education courses at any grade level if the pupil
requests to be excused for any of the following reasons:
(1) Because he or she is involved in other appropriate
fitness activities in school or out of school. The school
board's policy shall define "appropriate fitness
activities" as activities that, as determined by the school
district, provide a comparable educational and fitness
benefit to students as compared to the physical education
courses.
(2) For academic reasons other than those set forth in
subsection (b) of this Section.
(3) For any of the reasons set forth in subsection (b)

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of this Section, but for a different grade level.
A public hearing on whether to adopt a policy under this
subsection (b-5) must be held at a regular or special school
board meeting prior to adopting the policy.
(c) The provisions of this Section are subject to the
provisions of Section 27-22.05.
(Source: P.A. 98-116, eff. 7-29-13.)
(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
Sec. 27-24.2. Safety education; driver education course.
Instruction shall be given in safety education in each of
grades one through 8, equivalent to one class period each week,
and any school district which maintains grades 9 through 12
shall offer a driver education course in any such school which
it operates. Its curriculum shall include content dealing with
Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
the rules adopted pursuant to those Chapters insofar as they
pertain to the operation of motor vehicles, and the portions of
the Litter Control Act relating to the operation of motor
vehicles. The course of instruction given in grades 10 through
12 shall include an emphasis on the development of knowledge,
attitudes, habits, and skills necessary for the safe operation
of motor vehicles, including motorcycles insofar as they can be
taught in the classroom, and instruction on distracted driving
as a major traffic safety issue. In addition, the course shall
include instruction on special hazards existing at and required

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safety and driving precautions that must be observed at
emergency situations, highway construction and maintenance
zones, and railroad crossings and the approaches thereto.
Beginning with the 2017-2018 school year, the course shall also
include instruction concerning law enforcement procedures for
traffic stops, including a demonstration of the proper actions
to be taken during a traffic stop and appropriate interactions
with law enforcement. The course of instruction required of
each eligible student at the high school level shall consist of
a minimum of 30 clock hours of classroom instruction and a
minimum of 6 clock hours of individual behind-the-wheel
instruction in a dual control car on public roadways taught by
a driver education instructor endorsed by the State Board of
Education. Both the classroom instruction part and the practice
driving part of such driver education course shall be open to a
resident or non-resident student attending a non-public school
in the district wherein the course is offered. Each student
attending any public or non-public high school in the district
must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education
course, or the student shall not be permitted to enroll in the
course; provided that the local superintendent of schools (with
respect to a student attending a public high school in the
district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may
waive the requirement if the superintendent or chief school

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administrator, as the case may be, deems it to be in the best
interest of the student. A student may be allowed to commence
the classroom instruction part of such driver education course
prior to reaching age 15 if such student then will be eligible
to complete the entire course within 12 months after being
allowed to commence such classroom instruction.
A school district may offer a driver education course in a
school by contracting with a commercial driver training school
to provide both the classroom instruction part and the practice
driving part or either one without having to request a
modification or waiver of administrative rules of the State
Board of Education if a public hearing on whether to enter into
a contract with a commercial driver training school has been
held at a regular or special school board meeting prior to
entering into such a contract. If a school district chooses to
contract with a commercial driver training school, then the
district must provide evidence to the State Board of Education
that the commercial driver training school with which it will
contract holds a license issued by the Secretary of State under
Article IV of Chapter 6 of the Illinois Vehicle Code and that
each instructor employed by the commercial driver training
school to provide instruction to students served by the school
district holds a valid teaching license issued under the
requirements of this Code and rules of the State Board of
Education. Such evidence must include, but need not be limited
to, a list of each instructor assigned to teach students served

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by the school district, which list shall include the
instructor's name, personal identification number as required
by the State Board of Education, birth date, and driver's
license number. Once the contract is entered into, the school
district shall notify the State Board of Education of any
changes in the personnel providing instruction within 15
calendar days after an instructor leaves the program or a new
instructor is hired. Such notification shall include the
instructor's name, personal identification number as required
by the State Board of Education, birth date, and driver's
license number. If the school district maintains an Internet
website, then the district shall post a copy of the final
contract between the district and the commercial driver
training school on the district's Internet website. If no
Internet website exists, then the school district shall make
available the contract upon request. A record of all materials
in relation to the contract must be maintained by the school
district and made available to parents and guardians upon
request. The instructor's date of birth and driver's license
number and any other personally identifying information as
deemed by the federal Driver's Privacy Protection Act of 1994
must be redacted from any public materials.
Such a course may be commenced immediately after the
completion of a prior course. Teachers of such courses shall
meet the licensure certification requirements of this Code Act
and regulations of the State Board as to qualifications.

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Subject to rules of the State Board of Education, the
school district may charge a reasonable fee, not to exceed $50,
to students who participate in the course, unless a student is
unable to pay for such a course, in which event the fee for
such a student must be waived. However, the district may
increase this fee to an amount not to exceed $250 by school
board resolution following a public hearing on the increase,
which increased fee must be waived for students who participate
in the course and are unable to pay for the course. The total
amount from driver education fees and reimbursement from the
State for driver education must not exceed the total cost of
the driver education program in any year and must be deposited
into the school district's driver education fund as a separate
line item budget entry. All moneys deposited into the school
district's driver education fund must be used solely for the
funding of a high school driver education program approved by
the State Board of Education that uses driver education
instructors endorsed by the State Board of Education.
(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)