Bill Text: IL SB2135 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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Sen. Susan Garrett

Filed: 3/30/2011

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AMENDMENT TO SENATE BILL 2135
AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 6-411 as follows:
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training Instructors.
(1) In order to qualify for a license as an instructor for
a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to include a
fingerprint based background check to determine if the
applicant has ever been convicted of a crime and if so, the
disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which

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may be contacted. Upon this authorization the Secretary of
State may request and receive information and assistance
from any federal, state or local governmental agency as
part of the authorized investigation. Each applicant shall
submit his or her fingerprints to the Department of State
Police in the form and manner prescribed by the Department
of State Police. These fingerprints shall be checked
against the fingerprint records now and hereafter filed in
the Department of State Police and Federal Bureau of
Investigation criminal history records databases. The
Department of State Police shall charge a fee for
conducting the criminal history records check, which shall
be deposited in the State Police Services Fund and shall
not exceed the actual cost of the records check. The
applicant shall be required to pay all related fingerprint
fees including, but not limited to, the amounts established
by the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal
background investigations. The Department of State Police
shall provide information concerning any criminal
convictions, and their disposition, brought against the
applicant upon request of the Secretary of State when the
request is made in the form and manner required by the
Department of State Police. Unless otherwise prohibited by
law, the information derived from this investigation
including the source of this information, and any

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conclusions or recommendations derived from this
information by the Secretary of State shall be provided to
the applicant, or his designee, upon request to the
Secretary of State, prior to any final action by the
Secretary of State on the application. Any criminal
convictions and their disposition information obtained by
the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required herein, and may not be transmitted to
anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant. The
information obtained from this investigation may be
maintained by the Secretary of State or any agency to which
such information was transmitted. Only information and
standards which bear a reasonable and rational relation to
the performance of a driver training instructor shall be
used by the Secretary of State. Any employee of the
Secretary of State who gives or causes to be given away any
confidential information concerning any criminal charges
and their disposition of an applicant shall be guilty of a
Class A misdemeanor unless release of such information is
authorized by this Section;
(c) (Blank); Pass such examination as the Secretary of
State shall require on (1) traffic laws, (2) safe driving
practices, (3) operation of motor vehicles, and (4)
qualifications of teacher;

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(d) Be physically able to operate safely a motor
vehicle and to train others in the operation of motor
vehicles. An instructors license application must be
accompanied by a medical examination report completed by a
competent physician licensed to practice in the State of
Illinois;
(e) Be at least 21 years of age, hold Hold a valid
Illinois drivers license, and have at least 5 years of
driving experience as a licensed operator;
(f) Have graduated from an accredited high school after
at least 4 years of high school education or the
equivalent; and
(g) Pay to the Secretary of State an application and
license fee of $70.
(2) If a driver training school class room instructor or
behind-the-wheel instructor teaches an approved driver
education course, as defined in Section 1-103 of this Code, to
students under 18 years of age, the instructor must meet the
following requirements in addition to the requirements
contained in subsection (1) of this Section:
(a) the instructor must have completed 3 consecutive
courses in driver task analysis, class room knowledge, and
vehicle operational and instructional skills at a State of
Illinois accredited university or college. The courses
shall include no less than 8 hours of classroom observation
and 12 hours of driving observation of a qualified

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State-licensed or Illinois State Board of Education
certified and endorsed driving instructor;
(b) the instructor must have passed a standardized
Illinois minimal competency instructor exam on how to teach
driver education as administered by an accredited State
university or college;
(c) the instructor must first have taught adults over
18 years of age the driving portion of the course for 8
months;
(d) the instructor must qualify for re-certification
every 2 years through participation in 15 hours of
continuing education to improve driver education teaching
competency. The professional development training may be
obtained through a State agency, college, or university or
professional education organization. Professional
development hours shall be accepted for the purpose of
enhancing instructional knowledge and skills in support of
teaching driver education best practices. The instructor
must maintain a professional development file that
includes the agenda, objectives, time schedule, and all
completion certificates for the continuing education,
which must be submitted to the Secretary of State for
approval, collection, and storage;
(e) the instructor must submit to a teaching
observation and evaluation by a State official every 2
years.

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(f) the instructor may only use a vehicle to instruct
students under 18 years of age that exhibits an Illinois
safety sticker showing that the vehicle has passed
inspection at a State-approved safety lane; and
(g) the instructor must use the Illinois version of the
National Driver Education Standards curriculum. The
curriculum must be endorsed by the Illinois State Board of
Education for both public and commercial driving schools. A
driver training school class room instructor or
behind-the-wheel instructor under this subsection (g)
shall require students under 18 years of age to obtain at
least 12 hours of in-car driving observation of another
student that is under the direct supervision of an
instructor meeting the qualifications contained in this
Section. The curriculum required under this subsection (g)
shall include but is not limited to the following:
(i) elements of distracted driving, including text
messaging and cell phone use;
(ii) highway construction and maintenance zones;
(iii) railroad crossing safety;
(iv) alcohol and drug use prevention awareness;
(v) organ donation education;
(vi) a unit on driving laws that pertain primarily
to teen drivers, including graduated driver's license
requirements, curfew laws, and zero tolerance;
(vii) an educationally sound, widely accepted

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driver education textbook that will be provided for
purchase or loan, to be kept by each student throughout
the duration of the course for use at both home and
school;
(viii) professional speakers discussing traffic
safety and other related topics;
(viii) use of an educationally sound, widely
accepted driver education instructor's textbook; and
(ix) a State-approved standardized final exam to
insure minimal student competencies in both the
classroom and driving portions of the course.
(3) If a driver training school class room instructor or
behind-the-wheel instructor teaches an approved driver
education course, as defined in Section 1-103 of this Code, to
students under 18 years of age, the instructor shall be subject
to oversight by the Secretary of State. The collection and
storage of all personnel teaching credentials, including
background and fingerprint checks of all employees, instructor
teaching certificates or licenses, endorsements or other
credentials, instructor driving records, and other pertinent
commercial driving school licensing requirements will be
required of the Secretary of State. An instructor under this
subsection (3) shall be subject to an audit every 2 years by an
unannounced visit from the Secretary of State. Collection and
storage of requirements for approved driver education courses
as defined by Section 1-103 of this Code shall be the

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responsibility of the Secretary of State.
(4) Whenever there is an agreement such as, but not limited
to, a contractual relationship between a school district and a
commercial or private driving school to outsource or contract
out a course required by Section 27-24.2 of the School Code,
the driver training instructor teaching the course must meet
the requirements of Section 252.40 of Title 23 of the Illinois
Administrative Code.
(5) If on July 1, 2011, a driver training school class room
instructor or behind-the-wheel instructor is teaching an
approved driver education course, as defined in Section 1-103
of this Code, to students under 18 years of age, he or she will
have 2 years from July 1, 2011 to complete the courses required
by paragraph (a) of subsection (3) of this Section. A driver
training school class room instructor or behind-the-wheel
instructor who has not prior to July 1, 2011 taught an approved
driver education course, as defined in Section 1-103 of this
Code, to students under 18 years of age, or whose existing
driver education course instructor certification has expired
on or after July 1, 2011, shall complete the certification
course requirements required by paragraph (a) of subsection (3)
of this Section prior to conducting an approved driver
education course in any licensed commercial driving school in
this State.
(6) If a driver training school class room instructor or
behind-the-wheel instructor teaches an approved driver

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education course, as defined in Section 1-103 of this Code, to
students under 18 years of age, he or she shall furnish to the
Secretary of State a certificate issued by the State Board of
Education that the said instructor is qualified and meets the
minimum educational standards for teaching driver education
courses in the local public or parochial school systems, except
that no State Board of Education certification shall be
required of any instructor who teaches exclusively in a
commercial driving school unless that same commercial driving
school is in a contractual relationship with a public school
for the purpose of teaching an approved driver education course
as defined by Section 1-103 of this Code. On and after July 1,
2011 July 1, 1986, the existing rules and regulations of the
State Board of Education concerning commercial driving schools
shall continue to remain in effect and but shall be
administered by the Secretary of State until such time as the
Secretary of State shall amend or repeal the rules in
accordance with the Illinois Administrative Procedure Act.
Upon request, the Secretary of State shall issue a certificate
of completion to a student under 18 years of age who has
completed an approved driver education course at a commercial
driving school.
(7) The State agency responsible for overseeing each
commercial driving school shall make available verification
that each instructor has met all instructor certification
requirements.

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(Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10;
96-962, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect July 1,
2011.".