Bill Text: IL SB2213 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: 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. Makes technical corrections. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB2213 Detail]

Download: Illinois-2013-SB2213-Amended.html

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Sen. John M. Sullivan

Filed: 3/15/2013

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AMENDMENT TO SENATE BILL 2213
AMENDMENT NO. ______. Amend Senate Bill 2213 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
2-3.25g, 27-24, 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.

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"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
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 certification, 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).
On and after the applicable implementation date, 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) for teachers and principals to be rated

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using the 4 categories of "excellent", "proficient", "needs
improvement", or "unsatisfactory". On the applicable
implementation date, 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 may submit an application for a waiver or
modification authorized under this Section. Each 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

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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,
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

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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
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

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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
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

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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
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

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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
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

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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
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

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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. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10;
97-1025, eff. 1-1-13.)
(105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
Sec. 27-24. Short title. Sections 27-24 through 27-24.10
27-24.8 of this Article are known and may be cited as the
Driver Education Act.
(Source: P.A. 76-1835.)
(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 though 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,

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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
safety and driving precautions that must be observed at
emergency situations, highway construction and maintenance
zones, and railroad crossings and the approaches thereto. 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

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superintendent or chief school 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 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 by the school
district, which list shall include the instructor's name,
personal identification number as required by the State Board

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of Education, birth date, and driver's license number. In
addition, 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 a 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 contracting of a driver education course must
be maintained by the school district and made available to the
parents and guardians of students 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.
Subject to rules of the State Board of Education, the
school district may charge a reasonable fee, not to exceed $50,

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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. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".