SB1470 EngrossedLRB103 27385 RJT 53757 b

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
510-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66
6and by adding Sections 10-31 and 34-18.82 as follows:
 
7    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
8    Sec. 10-19. Length of school term - experimental programs.
9Each school board shall annually prepare a calendar for the
10school term, specifying the opening and closing dates and
11providing a minimum term of at least 185 days to insure 176
12days of actual pupil attendance, computable under Section
1310-19.05, except that for the 1980-1981 school year only 175
14days of actual pupil attendance shall be required because of
15the closing of schools pursuant to Section 24-2 on January 29,
161981 upon the appointment by the President of that day as a day
17of thanksgiving for the freedom of the Americans who had been
18held hostage in Iran. Any days allowed by law for teachers'
19institutes but not used as such or used as parental institutes
20as provided in Section 10-22.18d shall increase the minimum
21term by the school days not so used. Except as provided in
22Section 10-19.1, the board may not extend the school term
23beyond such closing date unless that extension of term is

 

 

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1necessary to provide the minimum number of computable days. In
2case of such necessary extension school employees shall be
3paid for such additional time on the basis of their regular
4contracts. A school board may specify a closing date earlier
5than that set on the annual calendar when the schools of the
6district have provided the minimum number of computable days
7under this Section. Nothing in this Section prevents the board
8from employing superintendents of schools, principals and
9other nonteaching personnel for a period of 12 months, or in
10the case of superintendents for a period in accordance with
11Section 10-23.8, or prevents the board from employing other
12personnel before or after the regular school term with payment
13of salary proportionate to that received for comparable work
14during the school term. Remote learning days, blended remote
15learning days, and up to 5 remote and blended remote learning
16planning days established under Section 10-30 or 34-18.66 or
17remote learning days established under Section 10-31 or
1834-18.82 shall be deemed pupil attendance days for calculation
19of the length of a school term under this Section.
20    A school board may make such changes in its calendar for
21the school term as may be required by any changes in the legal
22school holidays prescribed in Section 24-2. A school board may
23make changes in its calendar for the school term as may be
24necessary to reflect the utilization of teachers' institute
25days as parental institute days as provided in Section
2610-22.18d.

 

 

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1    The calendar for the school term and any changes must be
2submitted to and approved by the regional superintendent of
3schools before the calendar or changes may take effect.
4    With the prior approval of the State Board of Education
5and subject to review by the State Board of Education every 3
6years, any school board may, by resolution of its board and in
7agreement with affected exclusive collective bargaining
8agents, establish experimental educational programs, including
9but not limited to programs for e-learning days as authorized
10under Section 10-20.56 of this Code, self-directed learning,
11or outside of formal class periods, which programs when so
12approved shall be considered to comply with the requirements
13of this Section as respects numbers of days of actual pupil
14attendance and with the other requirements of this Act as
15respects courses of instruction.
16(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
17101-643, eff. 6-18-20.)
 
18    (105 ILCS 5/10-19.05)
19    Sec. 10-19.05. Daily pupil attendance calculation.
20    (a) Except as otherwise provided in this Section, for a
21pupil of legal school age and in kindergarten or any of grades
221 through 12, a day of attendance shall be counted only for
23sessions of not less than 5 clock hours of school work per day
24under direct supervision of (i) teachers or (ii) non-teaching
25personnel or volunteer personnel when engaging in non-teaching

 

 

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1duties and supervising in those instances specified in
2subsection (a) of Section 10-22.34 and paragraph 10 of Section
334-18. Days of attendance by pupils through verified
4participation in an e-learning program adopted by a school
5board and verified by the regional office of education or
6intermediate service center for the school district under
7Section 10-20.56 of this Code, a remote and blended remote
8learning day plan under Section 10-30 or 34-18.66 of this
9Code, or a remote learning plan under Section 10-31 or
1034-18.82 of this Code shall be considered as full days of
11attendance under this Section.
12    (b) A pupil regularly enrolled in a public school for only
13a part of the school day may be counted on the basis of
14one-sixth of a school day for every class hour of instruction
15of 40 minutes or more attended pursuant to such enrollment,
16unless a pupil is enrolled in a block-schedule format of 80
17minutes or more of instruction, in which case the pupil may be
18counted on the basis of the proportion of minutes of school
19work completed each day to the minimum number of minutes that
20school work is required to be held that day.
21    (c) A session of 4 or more clock hours may be counted as a
22day of attendance upon certification by the regional
23superintendent of schools and approval by the State
24Superintendent of Education to the extent that the district
25has been forced to use daily multiple sessions.
26    (d) A session of 3 or more clock hours may be counted as a

 

 

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1day of attendance (1) when the remainder of the school day or
2at least 2 hours in the evening of that day is utilized for an
3in-service training program for teachers, up to a maximum of
410 days per school year, provided that a district conducts an
5in-service training program for teachers in accordance with
6Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
7full days may be used, in which event each such day may be
8counted as a day required for a legal school calendar pursuant
9to Section 10-19 of this Code; (2) when, of the 5 days allowed
10under item (1), a maximum of 4 days are used for parent-teacher
11conferences, or, in lieu of 4 such days, 2 full days are used,
12in which case each such day may be counted as a calendar day
13required under Section 10-19 of this Code, provided that the
14full-day, parent-teacher conference consists of (i) a minimum
15of 5 clock hours of parent-teacher conferences, (ii) both a
16minimum of 2 clock hours of parent-teacher conferences held in
17the evening following a full day of student attendance and a
18minimum of 3 clock hours of parent-teacher conferences held on
19the day immediately following evening parent-teacher
20conferences, or (iii) multiple parent-teacher conferences held
21in the evenings following full days of student attendance in
22which the time used for the parent-teacher conferences is
23equivalent to a minimum of 5 clock hours; and (3) when days in
24addition to those provided in items (1) and (2) are scheduled
25by a school pursuant to its school improvement plan adopted
26under Article 34 or its revised or amended school improvement

 

 

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1plan adopted under Article 2, provided that (i) such sessions
2of 3 or more clock hours are scheduled to occur at regular
3intervals, (ii) the remainder of the school days in which such
4sessions occur are utilized for in-service training programs
5or other staff development activities for teachers, and (iii)
6a sufficient number of minutes of school work under the direct
7supervision of teachers are added to the school days between
8such regularly scheduled sessions to accumulate not less than
9the number of minutes by which such sessions of 3 or more clock
10hours fall short of 5 clock hours. Days scheduled for
11in-service training programs, staff development activities, or
12parent-teacher conferences may be scheduled separately for
13different grade levels and different attendance centers of the
14district.
15    (e) A session of not less than one clock hour of teaching
16hospitalized or homebound pupils on-site or by telephone to
17the classroom may be counted as a half day of attendance;
18however, these pupils must receive 4 or more clock hours of
19instruction to be counted for a full day of attendance.
20    (f) A session of at least 4 clock hours may be counted as a
21day of attendance for first grade pupils and pupils in
22full-day kindergartens, and a session of 2 or more hours may be
23counted as a half day of attendance by pupils in kindergartens
24that provide only half days of attendance.
25    (g) For children with disabilities who are below the age
26of 6 years and who cannot attend 2 or more clock hours because

 

 

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1of their disability or immaturity, a session of not less than
2one clock hour may be counted as a half day of attendance;
3however, for such children whose educational needs require a
4session of 4 or more clock hours, a session of at least 4 clock
5hours may be counted as a full day of attendance.
6    (h) A recognized kindergarten that provides for only a
7half day of attendance by each pupil shall not have more than
8one half day of attendance counted in any one day. However,
9kindergartens may count 2 and a half days of attendance in any
105 consecutive school days. When a pupil attends such a
11kindergarten for 2 half days on any one school day, the pupil
12shall have the following day as a day absent from school,
13unless the school district obtains permission in writing from
14the State Superintendent of Education. Attendance at
15kindergartens that provide for a full day of attendance by
16each pupil shall be counted the same as attendance by first
17grade pupils. Only the first year of attendance in one
18kindergarten shall be counted, except in the case of children
19who entered the kindergarten in their fifth year whose
20educational development requires a second year of kindergarten
21as determined under rules of the State Board of Education.
22    (i) On the days when the State's final accountability
23assessment is administered under subsection (c) of Section
242-3.64a-5 of this Code, the day of attendance for a pupil whose
25school day must be shortened to accommodate required testing
26procedures may be less than 5 clock hours and shall be counted

 

 

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1toward the 176 days of actual pupil attendance required under
2Section 10-19 of this Code, provided that a sufficient number
3of minutes of school work in excess of 5 clock hours are first
4completed on other school days to compensate for the loss of
5school work on the examination days.
6    (j) Pupils enrolled in a remote educational program
7established under Section 10-29 of this Code may be counted on
8the basis of a one-fifth day of attendance for every clock hour
9of instruction attended in the remote educational program,
10provided that, in any month, the school district may not claim
11for a student enrolled in a remote educational program more
12days of attendance than the maximum number of days of
13attendance the district can claim (i) for students enrolled in
14a building holding year-round classes if the student is
15classified as participating in the remote educational program
16on a year-round schedule or (ii) for students enrolled in a
17building not holding year-round classes if the student is not
18classified as participating in the remote educational program
19on a year-round schedule.
20    (j-5) The clock hour requirements of subsections (a)
21through (j) of this Section do not apply if the Governor has
22declared a disaster due to a public health emergency pursuant
23to Section 7 of the Illinois Emergency Management Agency Act.
24The State Superintendent of Education may establish minimum
25clock hour requirements under Sections 10-30 and 34-18.66 if
26the Governor has declared a disaster due to a public health

 

 

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1emergency pursuant to Section 7 of the Illinois Emergency
2Management Agency Act.
3    (k) Pupil participation in any of the following activities
4shall be counted toward the calculation of clock hours of
5school work per day:
6        (1) Instruction in a college course in which a student
7    is dually enrolled for both high school credit and college
8    credit.
9        (2) Participation in a Supervised Career Development
10    Experience, as defined in Section 10 of the Postsecondary
11    and Workforce Readiness Act, in which student
12    participation and learning outcomes are supervised by an
13    educator licensed under Article 21B.
14        (3) Participation in a youth apprenticeship, as
15    jointly defined in rules of the State Board of Education
16    and Department of Commerce and Economic Opportunity, in
17    which student participation and outcomes are supervised by
18    an educator licensed under Article 21B.
19        (4) Participation in a blended learning program
20    approved by the school district in which course content,
21    student evaluation, and instructional methods are
22    supervised by an educator licensed under Article 21B.
23(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
 
24    (105 ILCS 5/10-20.56)
25    Sec. 10-20.56. E-learning days.

 

 

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1    (a) The State Board of Education shall establish and
2maintain, for implementation in school districts, a program
3for use of electronic-learning (e-learning) days, as described
4in this Section. School districts may utilize a program
5approved under this Section for use during remote learning
6days and blended remote learning days under Section 10-30 or
734-18.66.
8    (b) The school board of a school district may, by
9resolution, adopt a research-based program or research-based
10programs for e-learning days district-wide that shall permit
11student instruction to be received electronically while
12students are not physically present in lieu of the district's
13scheduled emergency days as required by Section 10-19 of this
14Code or because a school was selected to be a polling place
15under Section 11-4.1 of the Election Code. The research-based
16program or programs may not exceed the minimum number of
17emergency days in the approved school calendar and must be
18verified by the regional office of education or intermediate
19service center for the school district on or before September
201st annually to ensure access for all students. The regional
21office of education or intermediate service center shall
22ensure that the specific needs of all students are met,
23including special education students and English learners, and
24that all mandates are still met using the proposed
25research-based program. The e-learning program may utilize the
26Internet, telephones, texts, chat rooms, or other similar

 

 

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1means of electronic communication for instruction and
2interaction between teachers and students that meet the needs
3of all learners. The e-learning program shall address the
4school district's responsibility to ensure that all teachers
5and staff who may be involved in the provision of e-learning
6have access to any and all hardware and software that may be
7required for the program. If a proposed program does not
8address this responsibility, the school district must propose
9an alternate program.
10    (c) Before its adoption by a school board, the school
11board must hold a public hearing on a school district's
12initial proposal for an e-learning program or for renewal of
13such a program, at a regular or special meeting of the school
14board, in which the terms of the proposal must be
15substantially presented and an opportunity for allowing public
16comments must be provided. Notice of such public hearing must
17be provided at least 10 days prior to the hearing by:
18        (1) publication in a newspaper of general circulation
19    in the school district;
20        (2) written or electronic notice designed to reach the
21    parents or guardians of all students enrolled in the
22    school district; and
23        (3) written or electronic notice designed to reach any
24    exclusive collective bargaining representatives of school
25    district employees and all those employees not in a
26    collective bargaining unit.

 

 

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1    (d) The regional office of education or intermediate
2service center for the school district must timely verify that
3a proposal for an e-learning program has met the requirements
4specified in this Section and that the proposal contains
5provisions designed to reasonably and practicably accomplish
6the following:
7        (1) to ensure and verify at least 5 clock hours of
8    instruction or school work, as required under Section
9    10-19.05, for each student participating in an e-learning
10    day;
11        (2) to ensure access from home or other appropriate
12    remote facility for all students participating, including
13    computers, the Internet, and other forms of electronic
14    communication that must be utilized in the proposed
15    program;
16        (2.5) to ensure that non-electronic materials are made
17    available to students participating in the program who do
18    not have access to the required technology or to
19    participating teachers or students who are prevented from
20    accessing the required technology;
21        (3) to ensure appropriate learning opportunities for
22    students with special needs;
23        (4) to monitor and verify each student's electronic
24    participation;
25        (5) to address the extent to which student
26    participation is within the student's control as to the

 

 

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1    time, pace, and means of learning;
2        (6) to provide effective notice to students and their
3    parents or guardians of the use of particular days for
4    e-learning;
5        (7) to provide staff and students with adequate
6    training for e-learning days' participation;
7        (8) to ensure an opportunity for any collective
8    bargaining negotiations with representatives of the school
9    district's employees that would be legally required,
10    including all classifications of school district employees
11    who are represented by collective bargaining agreements
12    and who would be affected in the event of an e-learning
13    day;
14        (9) to review and revise the program as implemented to
15    address difficulties confronted; and
16        (10) to ensure that the protocol regarding general
17    expectations and responsibilities of the program is
18    communicated to teachers, staff, and students at least 30
19    days prior to utilizing an e-learning day.
20    The school board's approval of a school district's initial
21e-learning program and renewal of the e-learning program shall
22be for a term of 3 years. Any e-learning program adopted or
23renewed before the effective date of this amendatory Act of
24the 103rd General Assembly may continue until the expiration
25of its term, at which time the school district shall implement
26remote learning days under Section 10-31 or Section 34-18.82

 

 

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1of this Code rather than an e-learning program under this
2Section.
3    (d-5) A school district shall pay to its contractors who
4provide educational support services to the district,
5including, but not limited to, custodial, transportation, or
6food service providers, their daily, regular rate of pay or
7billings rendered for any e-learning day that is used because
8a school was selected to be a polling place under Section
911-4.1 of the Election Code, except that this requirement does
10not apply to contractors who are paid under contracts that are
11entered into, amended, or renewed on or after March 15, 2022 or
12to contracts that otherwise address compensation for such
13e-learning days.
14    (d-10) A school district shall pay to its employees who
15provide educational support services to the district,
16including, but not limited to, custodial employees, building
17maintenance employees, transportation employees, food service
18providers, classroom assistants, or administrative staff,
19their daily, regular rate of pay and benefits rendered for any
20school closure or e-learning day if the closure precludes them
21from performing their regularly scheduled duties and the
22employee would have reported for work but for the closure,
23except this requirement does not apply if the day is
24rescheduled and the employee will be paid their daily, regular
25rate of pay and benefits for the rescheduled day when services
26are rendered.

 

 

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1    (d-15) A school district shall make full payment that
2would have otherwise been paid to its contractors who provide
3educational support services to the district, including, but
4not limited to, custodial, building maintenance,
5transportation, food service providers, classroom assistants,
6or administrative staff, their daily, regular rate of pay and
7benefits rendered for any school closure or e-learning day if
8any closure precludes them from performing their regularly
9scheduled duties and employees would have reported for work
10but for the closure. The employees who provide the support
11services covered by such contracts shall be paid their daily
12bid package rates and benefits as defined by their local
13operating agreements or collective bargaining agreements,
14except this requirement does not apply if the day is
15rescheduled and the employee will be paid their daily, regular
16rate of pay and benefits for the rescheduled day when services
17are rendered.
18    (d-20) A school district shall make full payment or
19reimbursement to an employee or contractor as specified in
20subsection (d-10) or (d-15) of this Section for any school
21closure or e-learning day in the 2021-2022 school year that
22occurred prior to the effective date of this amendatory Act of
23the 102nd General Assembly if the employee or contractor did
24not receive pay or was required to use earned paid time off,
25except this requirement does not apply if the day is
26rescheduled and the employee will be paid their daily, regular

 

 

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1rate of pay and benefits for the rescheduled day when services
2are rendered.
3    (e) The State Board of Education may adopt rules
4consistent with the provision of this Section.
5    (f) For purposes of subsections (d-10), (d-15), and (d-20)
6of this Section:
7    "Employee" means anyone employed by a school district on
8or after the effective date of this amendatory Act of the 102nd
9General Assembly.
10    "School district" includes charter schools established
11under Article 27A of this Code, but does not include the
12Department of Juvenile Justice School District.
13(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
14102-584, eff. 6-1-22; 102-697, eff. 4-5-22.)
 
15    (105 ILCS 5/10-29)
16    Sec. 10-29. Remote educational programs.
17    (a) For purposes of this Section, "remote educational
18program" means an educational program delivered to students in
19the home or other location outside of a school building that
20meets all of the following criteria:
21        (1) A student may participate in the program only
22    after the school district, pursuant to adopted school
23    board policy, and a person authorized to enroll the
24    student under Section 10-20.12b of this Code determine
25    that a remote educational program will best serve the

 

 

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1    student's individual learning needs. The adopted school
2    board policy shall include, but not be limited to, all of
3    the following:
4            (A) Criteria for determining that a remote
5        educational program will best serve a student's
6        individual learning needs. The criteria must include
7        consideration of, at a minimum, a student's prior
8        attendance, disciplinary record, and academic history.
9            (B) Any limitations on the number of students or
10        grade levels that may participate in a remote
11        educational program.
12            (C) A description of the process that the school
13        district will use to approve participation in the
14        remote educational program. The process must include
15        without limitation a requirement that, for any student
16        who qualifies to receive services pursuant to the
17        federal Individuals with Disabilities Education
18        Improvement Act of 2004, the student's participation
19        in a remote educational program receive prior approval
20        from the student's individualized education program
21        team.
22            (D) A description of the process the school
23        district will use to develop and approve a written
24        remote educational plan that meets the requirements of
25        subdivision (5) of this subsection (a).
26            (E) A description of the system the school

 

 

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1        district will establish to determine student
2        participation in instruction in accordance with the
3        remote educational program.
4            (F) A description of the process for renewing a
5        remote educational program at the expiration of its
6        term.
7            (G) Such other terms and provisions as the school
8        district deems necessary to provide for the
9        establishment and delivery of a remote educational
10        program.
11        (2) The school district has determined that the remote
12    educational program's curriculum is aligned to State
13    learning standards and that the program offers instruction
14    and educational experiences consistent with those given to
15    students at the same grade level in the district.
16        (3) The remote educational program is delivered by
17    instructors that meet the following qualifications:
18            (A) they are licensed under Article 21B of this
19        Code;
20            (B) (blank); and
21            (C) they have responsibility for all of the
22        following elements of the program: planning
23        instruction, diagnosing learning needs, prescribing
24        content delivery through class activities, assessing
25        learning, reporting outcomes to administrators and
26        parents and guardians, and evaluating the effects of

 

 

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1        instruction.
2        (4) During the period of time from and including the
3    opening date to the closing date of the regular school
4    term of the school district established pursuant to
5    Section 10-19 of this Code, participation in a remote
6    educational program may be claimed for evidence-based
7    funding purposes under Section 18-8.15 of this Code on any
8    calendar day, notwithstanding whether the day is a day of
9    pupil attendance or institute day on the school district's
10    calendar or any other provision of law restricting
11    instruction on that day. If the district holds year-round
12    classes in some buildings, the district shall classify
13    each student's participation in a remote educational
14    program as either on a year-round or a non-year-round
15    schedule for purposes of claiming evidence-based funding.
16    Outside of the regular school term of the district, the
17    remote educational program may be offered as part of any
18    summer school program authorized by this Code.
19        (5) Each student participating in a remote educational
20    program must have a written remote educational plan that
21    has been approved by the school district and a person
22    authorized to enroll the student under Section 10-20.12b
23    of this Code. The school district and a person authorized
24    to enroll the student under Section 10-20.12b of this Code
25    must approve any amendment to a remote educational plan.
26    The remote educational plan must include, but is not

 

 

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1    limited to, all of the following:
2            (A) Specific achievement goals for the student
3        aligned to State learning standards.
4            (B) A description of all assessments that will be
5        used to measure student progress, which description
6        shall indicate the assessments that will be
7        administered at an attendance center within the school
8        district.
9            (C) A description of the progress reports that
10        will be provided to the school district and the person
11        or persons authorized to enroll the student under
12        Section 10-20.12b of this Code.
13            (D) Expectations, processes, and schedules for
14        interaction between a teacher and student.
15            (E) A description of the specific responsibilities
16        of the student's family and the school district with
17        respect to equipment, materials, phone and Internet
18        service, and any other requirements applicable to the
19        home or other location outside of a school building
20        necessary for the delivery of the remote educational
21        program.
22            (F) If applicable, a description of how the remote
23        educational program will be delivered in a manner
24        consistent with the student's individualized education
25        program required by Section 614(d) of the federal
26        Individuals with Disabilities Education Improvement

 

 

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1        Act of 2004 or plan to ensure compliance with Section
2        504 of the federal Rehabilitation Act of 1973.
3            (G) A description of the procedures and
4        opportunities for participation in academic and
5        extracurricular activities and programs within the
6        school district.
7            (H) The identification of a parent, guardian, or
8        other responsible adult who will provide direct
9        supervision of the program. The plan must include an
10        acknowledgment by the parent, guardian, or other
11        responsible adult that he or she may engage only in
12        non-teaching duties not requiring instructional
13        judgment or the evaluation of a student. The plan
14        shall designate the parent, guardian, or other
15        responsible adult as non-teaching personnel or
16        volunteer personnel under subsection (a) of Section
17        10-22.34 of this Code.
18            (I) The identification of a school district
19        administrator who will oversee the remote educational
20        program on behalf of the school district and who may be
21        contacted by the student's parents with respect to any
22        issues or concerns with the program.
23            (J) The term of the student's participation in the
24        remote educational program, which may not extend for
25        longer than 12 months, unless the term is renewed by
26        the district in accordance with subdivision (7) of

 

 

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1        this subsection (a).
2            (K) A description of the specific location or
3        locations in which the program will be delivered. If
4        the remote educational program is to be delivered to a
5        student in any location other than the student's home,
6        the plan must include a written determination by the
7        school district that the location will provide a
8        learning environment appropriate for the delivery of
9        the program. The location or locations in which the
10        program will be delivered shall be deemed a long
11        distance teaching reception area under subsection (a)
12        of Section 10-22.34 of this Code.
13            (L) Certification by the school district that the
14        plan meets all other requirements of this Section.
15        (6) Students participating in a remote educational
16    program must be enrolled in a school district attendance
17    center pursuant to the school district's enrollment policy
18    or policies. A student participating in a remote
19    educational program must be tested as part of all
20    assessments administered by the school district pursuant
21    to Section 2-3.64a-5 of this Code at the attendance center
22    in which the student is enrolled and in accordance with
23    the attendance center's assessment policies and schedule.
24    The student must be included within all accountability
25    determinations for the school district and attendance
26    center under State and federal law.

 

 

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1        (7) The term of a student's participation in a remote
2    educational program may not extend for longer than 12
3    months, unless the term is renewed by the school district.
4    The district may only renew a student's participation in a
5    remote educational program following an evaluation of the
6    student's progress in the program, a determination that
7    the student's continuation in the program will best serve
8    the student's individual learning needs, and an amendment
9    to the student's written remote educational plan
10    addressing any changes for the upcoming term of the
11    program.
12    For purposes of this Section, a remote educational program
13does not include instruction delivered to students through an
14e-learning program approved under Section 10-20.56 of this
15Code, a remote and blended remote learning day plan under
16Section 10-30 or 34-18.66 of this Code, or a remote learning
17plan under Section 10-31 or 34-18.82 of this Code.
18    (b) A school district may, by resolution of its school
19board, establish a remote educational program.
20    (c) (Blank).
21    (d) The impact of remote educational programs on wages,
22hours, and terms and conditions of employment of educational
23employees within the school district shall be subject to local
24collective bargaining agreements.
25    (e) The use of a home or other location outside of a school
26building for a remote educational program shall not cause the

 

 

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1home or other location to be deemed a public school facility.
2    (f) A remote educational program may be used, but is not
3required, for instruction delivered to a student in the home
4or other location outside of a school building that is not
5claimed for evidence-based funding purposes under Section
618-8.15 of this Code.
7    (g) School districts that, pursuant to this Section, adopt
8a policy for a remote educational program must submit to the
9State Board of Education a copy of the policy and any
10amendments thereto, as well as data on student participation
11in a format specified by the State Board of Education. The
12State Board of Education may perform or contract with an
13outside entity to perform an evaluation of remote educational
14programs in this State.
15    (h) The State Board of Education may adopt any rules
16necessary to ensure compliance by remote educational programs
17with the requirements of this Section and other applicable
18legal requirements.
19(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
 
20    (105 ILCS 5/10-30)
21    Sec. 10-30. Remote and blended remote learning; public
22health emergency. This Section applies if the Governor has
23declared a disaster due to a public health emergency pursuant
24to Section 7 of the Illinois Emergency Management Agency Act.
25        (1) If the Governor has declared a disaster due to a

 

 

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1    public health emergency pursuant to Section 7 of the
2    Illinois Emergency Management Agency Act, the State
3    Superintendent of Education may declare a requirement to
4    use remote learning days or blended remote learning days
5    for a school district, multiple school districts, a
6    region, or the entire State. During remote learning days,
7    schools shall conduct instruction remotely. During blended
8    remote learning days, schools may utilize hybrid models of
9    in-person and remote instruction. Once declared, remote
10    learning days or blended remote learning days shall be
11    implemented in grades pre-kindergarten through 12 as days
12    of attendance and shall be deemed pupil attendance days
13    for calculation of the length of a school term under
14    Section 10-19.
15        (2) For purposes of this Section, a remote learning
16    day or blended remote learning day may be met through a
17    district's implementation of an e-learning program under
18    Section 10-20.56 or a remote learning plan under Section
19    10-31.
20        (3) For any district that does not implement an
21    e-learning program under Section 10-20.56 or a remote
22    learning plan under Section 10-31, the district shall
23    adopt a remote and blended remote learning day plan
24    approved by the district superintendent. Each district may
25    utilize remote and blended remote learning planning days,
26    consecutively or in separate increments, to develop,

 

 

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1    review, or amend its remote and blended remote learning
2    day plan or provide professional development to staff
3    regarding remote education. Up to 5 remote and blended
4    remote learning planning days may be deemed pupil
5    attendance days for calculation of the length of a school
6    term under Section 10-19.
7        (4) Each remote and blended remote learning day plan
8    shall address the following:
9            (i) accessibility of the remote instruction to all
10        students enrolled in the district;
11            (ii) if applicable, a requirement that the remote
12        learning day and blended remote learning day
13        activities reflect State learning standards;
14            (iii) a means for students to confer with an
15        educator, as necessary;
16            (iv) the unique needs of students in special
17        populations, including, but not limited to, students
18        eligible for special education under Article 14,
19        students who are English learners as defined in
20        Section 14C-2, and students experiencing homelessness
21        under the Education for Homeless Children Act, or
22        vulnerable student populations;
23            (v) how the district will take attendance and
24        monitor and verify each student's remote
25        participation; and
26            (vi) transitions from remote learning to on-site

 

 

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1        learning upon the State Superintendent's declaration
2        that remote learning days or blended remote learning
3        days are no longer deemed necessary.
4        (5) The district superintendent shall periodically
5    review and amend the district's remote and blended remote
6    learning day plan, as needed, to ensure the plan meets the
7    needs of all students.
8        (6) Each remote and blended remote learning day plan
9    shall be posted on the district's Internet website where
10    other policies, rules, and standards of conduct are posted
11    and shall be provided to students and faculty.
12        (7) This Section does not create any additional
13    employee bargaining rights and does not remove any
14    employee bargaining rights.
15        (8) Statutory and regulatory curricular mandates and
16    offerings may be administered via a district's remote and
17    blended remote learning day plan, except that a district
18    may not offer individual behind-the-wheel instruction
19    required by Section 27-24.2 via a district's remote and
20    blended remote learning day plan. This Section does not
21    relieve schools and districts from completing all
22    statutory and regulatory curricular mandates and
23    offerings.
24(Source: P.A. 101-643, eff. 6-18-20.)
 
25    (105 ILCS 5/10-31 new)

 

 

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1    Sec. 10-31. Remote learning.
2    (a) A school district may utilize a remote learning day
3meeting the requirements of this Section in lieu of the
4district's scheduled emergency days as required by Section
510-19 of this Code or because a school was selected to be a
6polling place under Section 11-4.1 of the Election Code.
7However, in no case may a school district utilize more than 5
8remote learning days under this Section in a school year. A
9remote learning day under this Section shall be deemed a pupil
10attendance day for calculation of the length of the school
11term under Section 10-19 of this Code.
12    (b) The district superintendent must approve a remote
13learning plan for the district before the district may utilize
14a remote learning day under this Section. The remote learning
15plan must address all of the following:
16        (1) The accessibility of remote instruction, including
17    non-electronic materials, to all students enrolled in the
18    district.
19        (2) The requirement that remote learning day
20    activities reflect State learning standards, if
21    applicable.
22        (3) A means for a student to confer with an educator,
23    as necessary.
24        (4) The unique needs of a student in a special
25    population, including, but not limited to, a student
26    eligible for special education services under Article 14

 

 

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1    of this Code, a student who is an English learner, as
2    defined in Section 14C-2 of this Code, or a student who is
3    a homeless person, child, or youth, as defined in the
4    Education for Homeless Children Act, or other vulnerable
5    student population.
6        (5) How the district will take attendance and monitor
7    and verify each student's remote participation.
8        (6) An assurance of at least 5 clock hours of school
9    work, as required under Section 10-19.05 of this Code, for
10    each student participating in the remote learning day.
11    Before the district superintendent approves a remote
12learning plan, the school board must hold a public hearing on
13the district's initial proposal for a remote learning plan or
14for renewal of a remote learning plan at a regular or special
15meeting of the school board, at which meeting the terms of the
16proposal or renewal must be substantially presented and an
17opportunity for allowing public comments must be provided.
18    Approval of a remote learning plan by the district
19superintendent shall be for an initial term of 3 years. Every 3
20years thereafter, the district superintendent shall review the
21plan and make any necessary changes. During the 3-year term of
22a remote learning plan, the district superintendent may
23periodically review and amend the plan as needed to ensure
24that the plan meets the needs of all students and faculty.
25    The remote learning plan must be posted on the district's
26Internet website where other policies, rules, and standards of

 

 

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1conduct are posted and must be provided to students and
2faculty. Any changes to the remote learning plan must be
3posted on the district's Internet website.
4    (c) The district must provide effective notice to students
5and their parents or guardians of the use of a particular day
6as a remote learning day.
7    (d) The district must provide students and faculty with
8adequate training on how to participate in a remote learning
9day.
10    (e) The district shall ensure an opportunity for any
11collective bargaining negotiations with representatives of the
12district's employees that would be legally required, including
13all classifications of district employees who are represented
14by a collective bargaining agreement and who would be affected
15in the event a remote learning day is used.
16    (f) Statutory and regulatory curricular mandates and
17offerings may be administered via remote learning under the
18remote learning plan. This Section does not relieve a school
19or district from completing all statutory and regulatory
20curricular mandates and offerings.
21    (g) A remote learning day may utilize the Internet,
22telephones, texts, chat rooms, or other similar means of
23electronic communication for instruction and interaction
24between educators and students if such utilization meets the
25needs of all learners.
26    (h) A school district shall pay its employees who provide

 

 

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1educational support services to the district, including, but
2not limited to, custodial employees, building maintenance
3employees, transportation employees, food service providers,
4classroom assistants, and administrative staff, their daily,
5regular rate of pay and benefits rendered for any school
6closure, remote learning day, or e-learning day if the
7closure, remote learning day, or e-learning day precludes them
8from performing their regularly scheduled duties and they
9would have reported for work but for the closure, remote
10learning day, or e-learning day; however, this requirement
11does not apply if the day is rescheduled and the employees will
12be paid their daily, regular rate of pay and benefits for the
13rescheduled day if services are rendered.
14    (i) A school district shall make full payment that would
15have otherwise been paid to its contractors who provide
16educational support services to the district, including, but
17not limited to, custodial, building maintenance,
18transportation, food service providers, classroom assistants,
19or administrative staff, their daily, regular rate of pay and
20benefits rendered for any school closure, remote learning day
21or e-learning day if the closure precludes them from
22performing their regularly scheduled duties and the employees
23would have reported for work but for the closure, remote
24learning day, or e-learning day, except this requirement does
25not apply if the day is rescheduled and the employee will be
26paid their daily, regular rate of pay and benefits for the

 

 

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1rescheduled day when services are rendered.
2    (j) The State Board of Education may adopt rules
3consistent with the provisions of this Section that are
4necessary to implement this Section.
 
5    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
6    Sec. 18-12. Dates for filing State aid claims. The school
7board of each school district, a regional office of education,
8a laboratory school, or a State-authorized charter school
9shall require teachers, principals, or superintendents to
10furnish from records kept by them such data as it needs in
11preparing and certifying to the State Superintendent of
12Education its report of claims provided in Section 18-8.05 or
1318-8.15 of this Code. The claim shall be based on the latest
14available equalized assessed valuation and tax rates, as
15provided in Section 18-8.05 or 18-8.15, shall use the average
16daily attendance as determined by the method outlined in
17Section 18-8.05 or 18-8.15, and shall be certified and filed
18with the State Superintendent of Education by June 21 for
19districts and State-authorized charter schools with an
20official school calendar end date before June 15 or within 2
21weeks following the official school calendar end date for
22districts, regional offices of education, laboratory schools,
23or State-authorized charter schools with a school year end
24date of June 15 or later. Failure to so file by these deadlines
25constitutes a forfeiture of the right to receive payment by

 

 

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1the State until such claim is filed. The State Superintendent
2of Education shall voucher for payment those claims to the
3State Comptroller as provided in Section 18-11.
4    Except as otherwise provided in this Section, if any
5school district fails to provide the minimum school term
6specified in Section 10-19, the State aid claim for that year
7shall be reduced by the State Superintendent of Education in
8an amount equivalent to 1/176 or .56818% for each day less than
9the number of days required by this Code.
10    If the State Superintendent of Education determines that
11the failure to provide the minimum school term was occasioned
12by an act or acts of God, or was occasioned by conditions
13beyond the control of the school district which posed a
14hazardous threat to the health and safety of pupils, the State
15aid claim need not be reduced.
16    If a school district is precluded from providing the
17minimum hours of instruction required for a full day of
18attendance due to (A) an adverse weather condition, (B) a
19condition beyond the control of the school district that poses
20a hazardous threat to the health and safety of students, or (C)
21beginning with the 2016-2017 school year, the utilization of
22the school district's facilities for not more than 2 school
23days per school year by local or county authorities for the
24purpose of holding a memorial or funeral services in
25remembrance of a community member, then the partial day of
26attendance may be counted if (i) the school district has

 

 

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1provided at least one hour of instruction prior to the closure
2of the school district, (ii) a school building has provided at
3least one hour of instruction prior to the closure of the
4school building, or (iii) the normal start time of the school
5district is delayed.
6    If, prior to providing any instruction, a school district
7must close one or more but not all school buildings after
8consultation with a local emergency response agency or due to
9a condition beyond the control of the school district, then
10the school district may claim attendance for up to 2 school
11days based on the average attendance of the 3 school days
12immediately preceding the closure of the affected school
13building or, if approved by the State Board of Education,
14utilize the provisions of an e-learning program under Section
1510-20.56 of this Code or a remote learning plan under Section
1610-31 or 34-18.82 of this Code for the affected school
17building as prescribed in Section 10-20.56 of this Code. The
18partial or no day of attendance described in this Section and
19the reasons therefore shall be certified within a month of the
20closing or delayed start by the school district superintendent
21to the regional superintendent of schools for forwarding to
22the State Superintendent of Education for approval.
23    Other than the utilization of any e-learning days as
24prescribed in Section 10-20.56 of this Code or remote learning
25days as prescribed in Section 10-31 or 34-18.82 of this Code,
26no exception to the requirement of providing a minimum school

 

 

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1term may be approved by the State Superintendent of Education
2pursuant to this Section unless a school district has first
3used all emergency days provided for in its regular calendar.
4    If the State Superintendent of Education declares that an
5energy shortage exists during any part of the school year for
6the State or a designated portion of the State, a district may
7operate the school attendance centers within the district 4
8days of the week during the time of the shortage by extending
9each existing school day by one clock hour of school work, and
10the State aid claim shall not be reduced, nor shall the
11employees of that district suffer any reduction in salary or
12benefits as a result thereof. A district may operate all
13attendance centers on this revised schedule, or may apply the
14schedule to selected attendance centers, taking into
15consideration such factors as pupil transportation schedules
16and patterns and sources of energy for individual attendance
17centers.
18    Electronically submitted State aid claims shall be
19submitted by duly authorized district individuals over a
20secure network that is password protected. The electronic
21submission of a State aid claim must be accompanied with an
22affirmation that all of the provisions of Section 18-8.05 or
2318-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
24all respects.
25(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
26100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.

 

 

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18-14-18.)
 
2    (105 ILCS 5/34-18.66)
3    Sec. 34-18.66. Remote and blended remote learning; public
4health emergency. This Section applies if the Governor has
5declared a disaster due to a public health emergency pursuant
6to Section 7 of the Illinois Emergency Management Agency Act.
7        (1) If the Governor has declared a disaster due to a
8    public health emergency pursuant to Section 7 of the
9    Illinois Emergency Management Agency Act, the State
10    Superintendent of Education may declare a requirement to
11    use remote learning days or blended remote learning days
12    for the school district, multiple school districts, a
13    region, or the entire State. During remote learning days,
14    schools shall conduct instruction remotely. During blended
15    remote learning days, schools may utilize hybrid models of
16    in-person and remote instruction. Once declared, remote
17    learning days or blended remote learning days shall be
18    implemented in grades pre-kindergarten through 12 as days
19    of attendance and shall be deemed pupil attendance days
20    for calculation of the length of a school term under
21    Section 10-19.
22        (2) For purposes of this Section, a remote learning
23    day or blended remote learning day may be met through the
24    district's implementation of an e-learning program under
25    Section 10-20.56 or a remote learning plan under Section

 

 

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1    34-18.82.
2        (3) If the district does not implement an e-learning
3    program under Section 10-20.56 or a remote learning plan
4    under Section 34-18.82, the district shall adopt a remote
5    and blended remote learning day plan approved by the
6    general superintendent of schools. The district may
7    utilize remote and blended remote learning planning days,
8    consecutively or in separate increments, to develop,
9    review, or amend its remote and blended remote learning
10    day plan or provide professional development to staff
11    regarding remote education. Up to 5 remote and blended
12    remote learning planning days may be deemed pupil
13    attendance days for calculation of the length of a school
14    term under Section 10-19.
15        (4) Each remote and blended remote learning day plan
16    shall address the following:
17            (i) accessibility of the remote instruction to all
18        students enrolled in the district;
19            (ii) if applicable, a requirement that the remote
20        learning day and blended remote learning day
21        activities reflect State learning standards;
22            (iii) a means for students to confer with an
23        educator, as necessary;
24            (iv) the unique needs of students in special
25        populations, including, but not limited to, students
26        eligible for special education under Article 14,

 

 

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1        students who are English learners as defined in
2        Section 14C-2, and students experiencing homelessness
3        under the Education for Homeless Children Act, or
4        vulnerable student populations;
5            (v) how the district will take attendance and
6        monitor and verify each student's remote
7        participation; and
8            (vi) transitions from remote learning to on-site
9        learning upon the State Superintendent's declaration
10        that remote learning days or blended remote learning
11        days are no longer deemed necessary.
12        (5) The general superintendent of schools shall
13    periodically review and amend the district's remote and
14    blended remote learning day plan, as needed, to ensure the
15    plan meets the needs of all students.
16        (6) Each remote and blended remote learning day plan
17    shall be posted on the district's Internet website where
18    other policies, rules, and standards of conduct are posted
19    and shall be provided to students and faculty.
20        (7) This Section does not create any additional
21    employee bargaining rights and does not remove any
22    employee bargaining rights.
23        (8) Statutory and regulatory curricular mandates and
24    offerings may be administered via the district's remote
25    and blended remote learning day plan, except that the
26    district may not offer individual behind-the-wheel

 

 

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1    instruction required by Section 27-24.2 via the district's
2    remote and blended remote learning day plan. This Section
3    does not relieve schools and the district from completing
4    all statutory and regulatory curricular mandates and
5    offerings.
6(Source: P.A. 101-643, eff. 6-18-20.)
 
7    (105 ILCS 5/34-18.82 new)
8    Sec. 34-18.82. Remote learning.
9    (a) The school district may utilize a remote learning day
10meeting the requirements of this Section in lieu of the
11district's scheduled emergency days as required by Section
1210-19 of this Code or because a school was selected to be a
13polling place under Section 11-4.1 of the Election Code.
14However, in no case may the district utilize more than 5 remote
15learning days under this Section in a school year. A remote
16learning day under this Section shall be deemed a pupil
17attendance day for calculation of the length of the school
18term under Section 10-19 of this Code.
19    (b) The general superintendent of schools must approve a
20remote learning plan for the district before the district may
21utilize a remote learning day under this Section. The remote
22learning plan must address all of the following:
23        (1) The accessibility of remote instruction, including
24    non-electronic materials, to all students enrolled in the
25    district.

 

 

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1        (2) The requirement that remote learning day
2    activities reflect State learning standards, if
3    applicable.
4        (3) A means for a student to confer with an educator,
5    as necessary.
6        (4) The unique needs of a student in a special
7    population, including, but not limited to, a student
8    eligible for special education services under Article 14
9    of this Code, a student who is an English learner, as
10    defined in Section 14C-2 of this Code, or a student who is
11    a homeless person, child, or youth, as defined in the
12    Education for Homeless Children Act, or other vulnerable
13    student population.
14        (5) How the district will take attendance and monitor
15    and verify each student's remote participation.
16        (6) An assurance of at least 5 clock hours of school
17    work, as required under Section 10-19.05 of this Code, for
18    each student participating in the remote learning day.
19    Before the general superintendent approves a remote
20learning plan, the school board must hold a public hearing on
21the district's initial proposal for a remote learning plan or
22for renewal of a remote learning plan at a regular or special
23meeting of the school board, at which meeting the terms of the
24proposal or renewal must be substantially presented and an
25opportunity for allowing public comments must be provided.
26    Approval of a remote learning plan by the general

 

 

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1superintendent of schools shall be for an initial term of 3
2years. Every 3 years thereafter, the general superintendent of
3schools shall review the plan and make any necessary changes.
4During the 3-year term of a remote learning plan, the general
5superintendent of schools may periodically review and amend
6the plan as needed to ensure that the plan meets the needs of
7all students and faculty.
8    The remote learning plan must be posted on the district's
9Internet website where other policies, rules, and standards of
10conduct are posted and must be provided to students and
11faculty. Any changes to the remote learning plan must be
12posted on the district's Internet website.
13    (c) The district must provide effective notice to students
14and their parents or guardians of the use of a particular day
15as a remote learning day.
16    (d) The district must provide students and faculty with
17adequate training on how to participate in a remote learning
18day.
19    (e) The district shall ensure an opportunity for any
20collective bargaining negotiations with representatives of the
21district's employees that would be legally required, including
22all classifications of district employees who are represented
23by a collective bargaining agreement and who would be affected
24in the event a remote learning day is used.
25    (f) Statutory and regulatory curricular mandates and
26offerings may be administered via remote learning under the

 

 

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1remote learning plan. This Section does not relieve a school
2or the district from completing all statutory and regulatory
3curricular mandates and offerings.
4    (g) A remote learning day may utilize the Internet,
5telephones, texts, chat rooms, or other similar means of
6electronic communication for instruction and interaction
7between educators and students if such utilization meets the
8needs of all learners.
9    (h) The district shall pay its employees who provide
10educational support services to the district, including, but
11not limited to, custodial employees, building maintenance
12employees, transportation employees, food service providers,
13classroom assistants, and administrative staff, their daily,
14regular rate of pay and benefits rendered for any school
15closure, remote learning day, or e-learning day if the
16closure, remote learning day, or e-learning day precludes them
17from performing their regularly scheduled duties and they
18would have reported for work but for the closure, remote
19learning day, or e-learning day; however, this requirement
20does not apply if the day is rescheduled and the employees will
21be paid their daily, regular rate of pay and benefits for the
22rescheduled day if services are rendered.
23    (i) A school district shall make full payment that would
24have otherwise been paid to its contractors who provide
25educational support services to the district, including, but
26not limited to, custodial, building maintenance,

 

 

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1transportation, food service providers, classroom assistants,
2or administrative staff, their daily, regular rate of pay and
3benefits rendered for any school closure, remote learning day
4or e-learning day if the closure precludes them from
5performing their regularly scheduled duties and the employees
6would have reported for work but for the closure, remote
7learning day, or e-learning day, except this requirement does
8not apply if the day is rescheduled and the employee will be
9paid their daily, regular rate of pay and benefits for the
10rescheduled day when services are rendered.
11    (j) The State Board of Education may adopt rules
12consistent with the provisions of this Section that are
13necessary to implement this Section.
 
14    Section 99. Effective date. This Act takes effect July 1,
152023.