Bill Text: IL SB2135 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the Chicago school district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB2135 Detail]
Download: Illinois-2011-SB2135-Amended.html
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1 | AMENDMENT TO SENATE BILL 2135
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2 | AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Section 6-411 as follows:
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7 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
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8 | Sec. 6-411. Qualifications of Driver Training Instructors. | ||||||
9 | (1) In order to
qualify for a license as an instructor for | ||||||
10 | a driving school, an applicant must:
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11 | (a) Be of good moral character;
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12 | (b) Authorize an investigation to include a | ||||||
13 | fingerprint based background
check to determine if the | ||||||
14 | applicant has ever
been convicted of a crime and if so, the | ||||||
15 | disposition of those convictions;
this authorization shall | ||||||
16 | indicate the scope of the inquiry and the agencies
which |
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1 | may be contacted. Upon this authorization the Secretary of | ||||||
2 | State
may request and receive information and assistance | ||||||
3 | from any federal, state
or local governmental agency as | ||||||
4 | part of the authorized investigation.
Each applicant shall | ||||||
5 | submit his or her fingerprints to
the Department
of State | ||||||
6 | Police in the form and manner prescribed by the Department | ||||||
7 | of State
Police. These fingerprints shall be checked | ||||||
8 | against the fingerprint records now
and hereafter filed in | ||||||
9 | the Department of State
Police and Federal Bureau of | ||||||
10 | Investigation criminal history records
databases. The | ||||||
11 | Department of State Police shall charge
a fee for | ||||||
12 | conducting the criminal history records check, which shall | ||||||
13 | be
deposited in the State Police Services Fund and shall | ||||||
14 | not exceed the actual
cost of the records check. The | ||||||
15 | applicant shall be required to pay all related
fingerprint | ||||||
16 | fees including, but not limited to, the amounts established | ||||||
17 | by the
Department of State Police and the Federal Bureau of | ||||||
18 | Investigation to process
fingerprint based criminal | ||||||
19 | background investigations.
The
Department of State Police | ||||||
20 | shall provide information concerning any criminal
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21 | convictions, and their disposition, brought against the | ||||||
22 | applicant upon request
of the Secretary of State when the | ||||||
23 | request is made in the form and manner
required by the | ||||||
24 | Department of State Police. Unless otherwise prohibited by
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25 | law, the information derived
from this investigation | ||||||
26 | including the source of this information, and any
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1 | conclusions or recommendations derived from this | ||||||
2 | information by the Secretary
of State shall be provided to | ||||||
3 | the applicant, or his designee, upon request
to the | ||||||
4 | Secretary of State, prior to any final action by the
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5 | Secretary of State on the application. Any criminal
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6 | convictions and their disposition information obtained by | ||||||
7 | the Secretary
of State shall be confidential and may not be | ||||||
8 | transmitted outside the Office
of the Secretary of State, | ||||||
9 | except as required herein, and may not be
transmitted to | ||||||
10 | anyone within the Office of the Secretary of State except | ||||||
11 | as
needed for
the purpose of evaluating the applicant. The | ||||||
12 | information obtained from this
investigation may be | ||||||
13 | maintained by the
Secretary of State or
any agency to which | ||||||
14 | such information was
transmitted. Only information
and | ||||||
15 | standards which bear a reasonable and rational relation to | ||||||
16 | the performance
of a driver training instructor shall be | ||||||
17 | used by the Secretary of State.
Any employee of the | ||||||
18 | Secretary of State who gives or causes to be given away
any | ||||||
19 | confidential information concerning any
criminal charges | ||||||
20 | and their disposition of an applicant shall be guilty of
a | ||||||
21 | Class A misdemeanor unless release of such information is | ||||||
22 | authorized by this
Section;
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23 | (c) Pass such examination as the Secretary of State | ||||||
24 | shall require on (1)
traffic laws, (2) safe driving | ||||||
25 | practices, (3) operation of motor vehicles,
and (4) | ||||||
26 | qualifications of teacher;
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1 | (d) Be physically able to operate safely a motor | ||||||
2 | vehicle and to train
others in the operation of motor | ||||||
3 | vehicles. An instructors license application
must be | ||||||
4 | accompanied by a medical examination report completed by a | ||||||
5 | competent
physician licensed to practice in the State of | ||||||
6 | Illinois;
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7 | (e) Hold a valid Illinois drivers license;
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8 | (f) Have graduated from an accredited high school after | ||||||
9 | at least 4 years
of high school education or the | ||||||
10 | equivalent; and
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11 | (g) Pay to the Secretary of State an application and | ||||||
12 | license fee of $70.
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13 | (2) If a driver training school class room instructor or | ||||||
14 | behind-the-wheel instructor teaches an approved driver
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15 | education course, as defined in Section 1-103 of this Code, to | ||||||
16 | students
under 18 years of age, the instructor must meet the | ||||||
17 | following requirements in addition to the requirements | ||||||
18 | contained in subsection (1) of this Section: | ||||||
19 | (a) the instructor must have completed 3 consecutive | ||||||
20 | courses in driver task analysis, class room knowledge, and | ||||||
21 | vehicle operational and instructional skills at a State of | ||||||
22 | Illinois accredited university, college, or community | ||||||
23 | college. The courses shall include no less than 8 hours of | ||||||
24 | classroom observation including instructional | ||||||
25 | participation and 12 hours of driving observation | ||||||
26 | including instructional participation of a qualified |
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1 | State-licensed or Illinois State Board of Education | ||||||
2 | certified and endorsed driving instructor. Before | ||||||
3 | licensure by the Secretary of State, an instructor who has | ||||||
4 | completed these courses in another state shall have the | ||||||
5 | coursework evaluated and approved by a State of Illinois | ||||||
6 | accredited university, college, or community college that | ||||||
7 | offers such courses; | ||||||
8 | (b) the instructor must have passed a standardized | ||||||
9 | Illinois minimal competency instructor exam on how to teach | ||||||
10 | driver education as administered by an accredited State | ||||||
11 | university, college, or community college; | ||||||
12 | (c) the instructor must qualify for relicensing every 2 | ||||||
13 | years through participation in 15 hours of continuing | ||||||
14 | education to improve driver education teaching competency. | ||||||
15 | The professional development training may be obtained | ||||||
16 | through a State agency, college, or university or | ||||||
17 | professional education organization. Professional | ||||||
18 | development hours shall be accepted for the purpose of | ||||||
19 | enhancing instructional knowledge and skills in support of | ||||||
20 | teaching driver education best practices. The instructor | ||||||
21 | must maintain a professional development file that | ||||||
22 | includes the agenda, objectives, time schedule, and all | ||||||
23 | completion certificates for the continuing education, | ||||||
24 | which must be submitted every 2 years to the Secretary of | ||||||
25 | State for approval, collection, and storage; | ||||||
26 | (d) the instructor must submit to a teaching |
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1 | observation and evaluation by a State official every 2 | ||||||
2 | years; and | ||||||
3 | (e) the instructor must use the National Driver | ||||||
4 | Education Standards curriculum. The curriculum must be | ||||||
5 | endorsed by the Illinois State Board of Education for both | ||||||
6 | public and commercial driving schools. A driver training | ||||||
7 | school class room instructor or behind-the-wheel | ||||||
8 | instructor under this subsection (e) shall require | ||||||
9 | students under 18 years of age to obtain at least 6 hours | ||||||
10 | of in-car driving observation of another student that is | ||||||
11 | under the direct supervision of an instructor meeting the | ||||||
12 | qualifications contained in this Section. The curriculum | ||||||
13 | required under this subsection (e) shall include but is not | ||||||
14 | limited to the following: | ||||||
15 | (i) elements of distracted driving, including text | ||||||
16 | messaging and cell phone use; | ||||||
17 | (ii) highway construction and maintenance zones; | ||||||
18 | (iii) railroad crossing safety; | ||||||
19 | (iv) alcohol and drug use prevention awareness; | ||||||
20 | (v) organ donation education; | ||||||
21 | (vi) a unit on driving laws that pertain primarily | ||||||
22 | to teen drivers, including graduated driver's license | ||||||
23 | requirements, curfew laws, and zero tolerance; | ||||||
24 | (vii) an educationally sound, widely accepted | ||||||
25 | driver education textbook that will be provided for | ||||||
26 | purchase or loan, to be kept by each student throughout |
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1 | the duration of the course for use at both home and | ||||||
2 | school; | ||||||
3 | (viii) if feasible, professional speakers | ||||||
4 | discussing traffic safety and other related topics; | ||||||
5 | (ix) use of an educationally sound, widely | ||||||
6 | accepted driver education instructor's textbook; and | ||||||
7 | (ix) a State-approved standardized final exam to | ||||||
8 | insure minimal student competency in the classroom | ||||||
9 | portion of the course. | ||||||
10 | (3) If a driver training school class room instructor or | ||||||
11 | behind-the-wheel instructor teaches an approved driver
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12 | education course, as defined in Section 1-103 of this Code, to | ||||||
13 | students
under 18 years of age, the instructor shall be subject | ||||||
14 | to oversight by the Secretary of State. The collection and | ||||||
15 | storage of all personnel teaching credentials, instructor | ||||||
16 | teaching certificates or licenses, endorsements or other | ||||||
17 | credentials, will be required of the Secretary of State. | ||||||
18 | (4) Except as otherwise provided in this Section, effective | ||||||
19 | January 1, 2012, any person holding, or any applicant for, a | ||||||
20 | commercial driving school instructor's license to teach teens | ||||||
21 | issued by the Secretary of State, must complete the courses | ||||||
22 | required by paragraphs (a) and (b) of subsection (2) of this | ||||||
23 | Section by July 1, 2014. As of January 1, 2012, any person | ||||||
24 | holding a commercial driving school instructor's license to | ||||||
25 | teach teens, issued by the Secretary of State, that has 5 or | ||||||
26 | more continuous years teaching at a teen-accredited commercial |
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1 | driving school licensed by the Secretary, is exempt from | ||||||
2 | paragraphs (a) and (b) of subsection (2) of this Section. | ||||||
3 | (5) If a driver training school class room instructor or | ||||||
4 | behind-the-wheel instructor teaches an approved driver
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5 | education course, as defined in Section 1-103 of this Code, to | ||||||
6 | students
under 18 years of age, he or she shall furnish to
the | ||||||
7 | Secretary of State a certificate issued by the State Board of | ||||||
8 | Education
that the said instructor is qualified and meets the | ||||||
9 | minimum educational
standards for teaching driver education | ||||||
10 | courses in the local public or
parochial school systems, except | ||||||
11 | that no State Board of Education certification
shall be | ||||||
12 | required of any instructor who teaches exclusively in a
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13 | commercial driving school unless that same commercial driving | ||||||
14 | school is in a contractual relationship with a public school | ||||||
15 | for the purpose of teaching an approved driver education course | ||||||
16 | as defined by Section 1-103 of this Code . On and after July 1, | ||||||
17 | 1986, the existing
rules and regulations of the State
Board of | ||||||
18 | Education concerning commercial driving schools shall continue | ||||||
19 | to
remain in effect and but shall be administered by the | ||||||
20 | Secretary of State until
such time as the Secretary of State | ||||||
21 | shall amend or repeal the rules in
accordance with the Illinois | ||||||
22 | Administrative Procedure Act. Upon request,
the Secretary of | ||||||
23 | State shall issue a certificate of completion to a student
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24 | under 18 years of age who has completed an approved driver | ||||||
25 | education course
at a commercial driving school.
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26 | (7) The Secretary of State is responsible for overseeing |
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1 | each commercial driving school and shall make available | ||||||
2 | verification that each instructor has met all instructor | ||||||
3 | licensing requirements. | ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | ||||||
5 | 96-962, eff. 7-2-10.)".
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