Sen. Tom Bennett

Filed: 3/22/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1470

2    AMENDMENT NO. ______. Amend Senate Bill 1470 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and
634-18.66 and 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

 

 

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1of thanksgiving for the freedom of the Americans who had been
2held hostage in Iran. Any days allowed by law for teachers'
3institutes but not used as such or used as parental institutes
4as provided in Section 10-22.18d shall increase the minimum
5term by the school days not so used. Except as provided in
6Section 10-19.1, the board may not extend the school term
7beyond such closing date unless that extension of term is
8necessary to provide the minimum number of computable days. In
9case of such necessary extension school employees shall be
10paid for such additional time on the basis of their regular
11contracts. A school board may specify a closing date earlier
12than that set on the annual calendar when the schools of the
13district have provided the minimum number of computable days
14under this Section. Nothing in this Section prevents the board
15from employing superintendents of schools, principals and
16other nonteaching personnel for a period of 12 months, or in
17the case of superintendents for a period in accordance with
18Section 10-23.8, or prevents the board from employing other
19personnel before or after the regular school term with payment
20of salary proportionate to that received for comparable work
21during the school term. Remote learning days, blended remote
22learning days, and up to 5 remote and blended remote learning
23planning days established under Section 10-30 or 34-18.66 or
24remote learning days established under Section 10-31 or
2534-18.82 shall be deemed pupil attendance days for calculation
26of the length of a school term under this Section.

 

 

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1    A school board may make such changes in its calendar for
2the school term as may be required by any changes in the legal
3school holidays prescribed in Section 24-2. A school board may
4make changes in its calendar for the school term as may be
5necessary to reflect the utilization of teachers' institute
6days as parental institute days as provided in Section
710-22.18d.
8    The calendar for the school term and any changes must be
9submitted to and approved by the regional superintendent of
10schools before the calendar or changes may take effect.
11    With the prior approval of the State Board of Education
12and subject to review by the State Board of Education every 3
13years, any school board may, by resolution of its board and in
14agreement with affected exclusive collective bargaining
15agents, establish experimental educational programs, including
16but not limited to programs for e-learning days as authorized
17under Section 10-20.56 of this Code, self-directed learning,
18or outside of formal class periods, which programs when so
19approved shall be considered to comply with the requirements
20of this Section as respects numbers of days of actual pupil
21attendance and with the other requirements of this Act as
22respects courses of instruction.
23(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
24101-643, eff. 6-18-20.)
 
25    (105 ILCS 5/10-19.05)

 

 

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1    Sec. 10-19.05. Daily pupil attendance calculation.
2    (a) Except as otherwise provided in this Section, for a
3pupil of legal school age and in kindergarten or any of grades
41 through 12, a day of attendance shall be counted only for
5sessions of not less than 5 clock hours of school work per day
6under direct supervision of (i) teachers or (ii) non-teaching
7personnel or volunteer personnel when engaging in non-teaching
8duties and supervising in those instances specified in
9subsection (a) of Section 10-22.34 and paragraph 10 of Section
1034-18. Days of attendance by pupils through verified
11participation in an e-learning program adopted by a school
12board and verified by the regional office of education or
13intermediate service center for the school district under
14Section 10-20.56 of this Code, a remote and blended remote
15learning day plan under Section 10-30 or 34-18.66 of this
16Code, or a remote learning plan under Section 10-31 or
1734-18.82 of this Code shall be considered as full days of
18attendance under this Section.
19    (b) A pupil regularly enrolled in a public school for only
20a part of the school day may be counted on the basis of
21one-sixth of a school day for every class hour of instruction
22of 40 minutes or more attended pursuant to such enrollment,
23unless a pupil is enrolled in a block-schedule format of 80
24minutes or more of instruction, in which case the pupil may be
25counted on the basis of the proportion of minutes of school
26work completed each day to the minimum number of minutes that

 

 

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1school work is required to be held that day.
2    (c) A session of 4 or more clock hours may be counted as a
3day of attendance upon certification by the regional
4superintendent of schools and approval by the State
5Superintendent of Education to the extent that the district
6has been forced to use daily multiple sessions.
7    (d) A session of 3 or more clock hours may be counted as a
8day of attendance (1) when the remainder of the school day or
9at least 2 hours in the evening of that day is utilized for an
10in-service training program for teachers, up to a maximum of
1110 days per school year, provided that a district conducts an
12in-service training program for teachers in accordance with
13Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
14full days may be used, in which event each such day may be
15counted as a day required for a legal school calendar pursuant
16to Section 10-19 of this Code; (2) when, of the 5 days allowed
17under item (1), a maximum of 4 days are used for parent-teacher
18conferences, or, in lieu of 4 such days, 2 full days are used,
19in which case each such day may be counted as a calendar day
20required under Section 10-19 of this Code, provided that the
21full-day, parent-teacher conference consists of (i) a minimum
22of 5 clock hours of parent-teacher conferences, (ii) both a
23minimum of 2 clock hours of parent-teacher conferences held in
24the evening following a full day of student attendance and a
25minimum of 3 clock hours of parent-teacher conferences held on
26the day immediately following evening parent-teacher

 

 

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1conferences, or (iii) multiple parent-teacher conferences held
2in the evenings following full days of student attendance in
3which the time used for the parent-teacher conferences is
4equivalent to a minimum of 5 clock hours; and (3) when days in
5addition to those provided in items (1) and (2) are scheduled
6by a school pursuant to its school improvement plan adopted
7under Article 34 or its revised or amended school improvement
8plan adopted under Article 2, provided that (i) such sessions
9of 3 or more clock hours are scheduled to occur at regular
10intervals, (ii) the remainder of the school days in which such
11sessions occur are utilized for in-service training programs
12or other staff development activities for teachers, and (iii)
13a sufficient number of minutes of school work under the direct
14supervision of teachers are added to the school days between
15such regularly scheduled sessions to accumulate not less than
16the number of minutes by which such sessions of 3 or more clock
17hours fall short of 5 clock hours. Days scheduled for
18in-service training programs, staff development activities, or
19parent-teacher conferences may be scheduled separately for
20different grade levels and different attendance centers of the
21district.
22    (e) A session of not less than one clock hour of teaching
23hospitalized or homebound pupils on-site or by telephone to
24the classroom may be counted as a half day of attendance;
25however, these pupils must receive 4 or more clock hours of
26instruction to be counted for a full day of attendance.

 

 

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1    (f) A session of at least 4 clock hours may be counted as a
2day of attendance for first grade pupils and pupils in
3full-day kindergartens, and a session of 2 or more hours may be
4counted as a half day of attendance by pupils in kindergartens
5that provide only half days of attendance.
6    (g) For children with disabilities who are below the age
7of 6 years and who cannot attend 2 or more clock hours because
8of their disability or immaturity, a session of not less than
9one clock hour may be counted as a half day of attendance;
10however, for such children whose educational needs require a
11session of 4 or more clock hours, a session of at least 4 clock
12hours may be counted as a full day of attendance.
13    (h) A recognized kindergarten that provides for only a
14half day of attendance by each pupil shall not have more than
15one half day of attendance counted in any one day. However,
16kindergartens may count 2 and a half days of attendance in any
175 consecutive school days. When a pupil attends such a
18kindergarten for 2 half days on any one school day, the pupil
19shall have the following day as a day absent from school,
20unless the school district obtains permission in writing from
21the State Superintendent of Education. Attendance at
22kindergartens that provide for a full day of attendance by
23each pupil shall be counted the same as attendance by first
24grade pupils. Only the first year of attendance in one
25kindergarten shall be counted, except in the case of children
26who entered the kindergarten in their fifth year whose

 

 

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1educational development requires a second year of kindergarten
2as determined under rules of the State Board of Education.
3    (i) On the days when the State's final accountability
4assessment is administered under subsection (c) of Section
52-3.64a-5 of this Code, the day of attendance for a pupil whose
6school day must be shortened to accommodate required testing
7procedures may be less than 5 clock hours and shall be counted
8toward the 176 days of actual pupil attendance required under
9Section 10-19 of this Code, provided that a sufficient number
10of minutes of school work in excess of 5 clock hours are first
11completed on other school days to compensate for the loss of
12school work on the examination days.
13    (j) Pupils enrolled in a remote educational program
14established under Section 10-29 of this Code may be counted on
15the basis of a one-fifth day of attendance for every clock hour
16of instruction attended in the remote educational program,
17provided that, in any month, the school district may not claim
18for a student enrolled in a remote educational program more
19days of attendance than the maximum number of days of
20attendance the district can claim (i) for students enrolled in
21a building holding year-round classes if the student is
22classified as participating in the remote educational program
23on a year-round schedule or (ii) for students enrolled in a
24building not holding year-round classes if the student is not
25classified as participating in the remote educational program
26on a year-round schedule.

 

 

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1    (j-5) The clock hour requirements of subsections (a)
2through (j) of this Section do not apply if the Governor has
3declared a disaster due to a public health emergency pursuant
4to Section 7 of the Illinois Emergency Management Agency Act.
5The State Superintendent of Education may establish minimum
6clock hour requirements under Sections 10-30 and 34-18.66 if
7the Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act.
10    (k) Pupil participation in any of the following activities
11shall be counted toward the calculation of clock hours of
12school work per day:
13        (1) Instruction in a college course in which a student
14    is dually enrolled for both high school credit and college
15    credit.
16        (2) Participation in a Supervised Career Development
17    Experience, as defined in Section 10 of the Postsecondary
18    and Workforce Readiness Act, in which student
19    participation and learning outcomes are supervised by an
20    educator licensed under Article 21B.
21        (3) Participation in a youth apprenticeship, as
22    jointly defined in rules of the State Board of Education
23    and Department of Commerce and Economic Opportunity, in
24    which student participation and outcomes are supervised by
25    an educator licensed under Article 21B.
26        (4) Participation in a blended learning program

 

 

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1    approved by the school district in which course content,
2    student evaluation, and instructional methods are
3    supervised by an educator licensed under Article 21B.
4(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
 
5    (105 ILCS 5/10-20.56)
6    Sec. 10-20.56. E-learning days.
7    (a) The State Board of Education shall establish and
8maintain, for implementation in school districts, a program
9for use of electronic-learning (e-learning) days, as described
10in this Section. School districts may utilize a program
11approved under this Section for use during remote learning
12days and blended remote learning days under Section 10-30 or
1334-18.66.
14    (b) The school board of a school district may, by
15resolution, adopt a research-based program or research-based
16programs for e-learning days district-wide that shall permit
17student instruction to be received electronically while
18students are not physically present in lieu of the district's
19scheduled emergency days as required by Section 10-19 of this
20Code or because a school was selected to be a polling place
21under Section 11-4.1 of the Election Code. The research-based
22program or programs may not exceed the minimum number of
23emergency days in the approved school calendar and must be
24verified by the regional office of education or intermediate
25service center for the school district on or before September

 

 

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11st annually to ensure access for all students. The regional
2office of education or intermediate service center shall
3ensure that the specific needs of all students are met,
4including special education students and English learners, and
5that all mandates are still met using the proposed
6research-based program. The e-learning program may utilize the
7Internet, telephones, texts, chat rooms, or other similar
8means of electronic communication for instruction and
9interaction between teachers and students that meet the needs
10of all learners. The e-learning program shall address the
11school district's responsibility to ensure that all teachers
12and staff who may be involved in the provision of e-learning
13have access to any and all hardware and software that may be
14required for the program. If a proposed program does not
15address this responsibility, the school district must propose
16an alternate program.
17    (c) Before its adoption by a school board, the school
18board must hold a public hearing on a school district's
19initial proposal for an e-learning program or for renewal of
20such a program, at a regular or special meeting of the school
21board, in which the terms of the proposal must be
22substantially presented and an opportunity for allowing public
23comments must be provided. Notice of such public hearing must
24be provided at least 10 days prior to the hearing by:
25        (1) publication in a newspaper of general circulation
26    in the school district;

 

 

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1        (2) written or electronic notice designed to reach the
2    parents or guardians of all students enrolled in the
3    school district; and
4        (3) written or electronic notice designed to reach any
5    exclusive collective bargaining representatives of school
6    district employees and all those employees not in a
7    collective bargaining unit.
8    (d) The regional office of education or intermediate
9service center for the school district must timely verify that
10a proposal for an e-learning program has met the requirements
11specified in this Section and that the proposal contains
12provisions designed to reasonably and practicably accomplish
13the following:
14        (1) to ensure and verify at least 5 clock hours of
15    instruction or school work, as required under Section
16    10-19.05, for each student participating in an e-learning
17    day;
18        (2) to ensure access from home or other appropriate
19    remote facility for all students participating, including
20    computers, the Internet, and other forms of electronic
21    communication that must be utilized in the proposed
22    program;
23        (2.5) to ensure that non-electronic materials are made
24    available to students participating in the program who do
25    not have access to the required technology or to
26    participating teachers or students who are prevented from

 

 

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1    accessing the required technology;
2        (3) to ensure appropriate learning opportunities for
3    students with special needs;
4        (4) to monitor and verify each student's electronic
5    participation;
6        (5) to address the extent to which student
7    participation is within the student's control as to the
8    time, pace, and means of learning;
9        (6) to provide effective notice to students and their
10    parents or guardians of the use of particular days for
11    e-learning;
12        (7) to provide staff and students with adequate
13    training for e-learning days' participation;
14        (8) to ensure an opportunity for any collective
15    bargaining negotiations with representatives of the school
16    district's employees that would be legally required,
17    including all classifications of school district employees
18    who are represented by collective bargaining agreements
19    and who would be affected in the event of an e-learning
20    day;
21        (9) to review and revise the program as implemented to
22    address difficulties confronted; and
23        (10) to ensure that the protocol regarding general
24    expectations and responsibilities of the program is
25    communicated to teachers, staff, and students at least 30
26    days prior to utilizing an e-learning day.

 

 

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1    The school board's approval of a school district's initial
2e-learning program and renewal of the e-learning program shall
3be for a term of 3 years. Any e-learning program adopted or
4renewed before the effective date of this amendatory Act of
5the 103rd General Assembly may continue until the expiration
6of its term, at which time the school district shall implement
7remote learning days under Section 10-31 or Section 34-18.82
8of this Code rather than an e-learning program under this
9Section.
10    (d-5) A school district shall pay to its contractors who
11provide educational support services to the district,
12including, but not limited to, custodial, transportation, or
13food service providers, their daily, regular rate of pay or
14billings rendered for any e-learning day that is used because
15a school was selected to be a polling place under Section
1611-4.1 of the Election Code, except that this requirement does
17not apply to contractors who are paid under contracts that are
18entered into, amended, or renewed on or after March 15, 2022 or
19to contracts that otherwise address compensation for such
20e-learning days.
21    (d-10) A school district shall pay to its employees who
22provide educational support services to the district,
23including, but not limited to, custodial employees, building
24maintenance employees, transportation employees, food service
25providers, classroom assistants, or administrative staff,
26their daily, regular rate of pay and benefits rendered for any

 

 

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

 

 

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1subsection (d-10) or (d-15) of this Section for any school
2closure or e-learning day in the 2021-2022 school year that
3occurred prior to the effective date of this amendatory Act of
4the 102nd General Assembly if the employee or contractor did
5not receive pay or was required to use earned paid time off,
6except this requirement does not apply if the day is
7rescheduled and the employee will be paid their daily, regular
8rate of pay and benefits for the rescheduled day when services
9are rendered.
10    (e) The State Board of Education may adopt rules
11consistent with the provision of this Section.
12    (f) For purposes of subsections (d-10), (d-15), and (d-20)
13of this Section:
14    "Employee" means anyone employed by a school district on
15or after the effective date of this amendatory Act of the 102nd
16General Assembly.
17    "School district" includes charter schools established
18under Article 27A of this Code, but does not include the
19Department of Juvenile Justice School District.
20(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
21102-584, eff. 6-1-22; 102-697, eff. 4-5-22.)
 
22    (105 ILCS 5/10-29)
23    Sec. 10-29. Remote educational programs.
24    (a) For purposes of this Section, "remote educational
25program" means an educational program delivered to students in

 

 

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1the home or other location outside of a school building that
2meets all of the following criteria:
3        (1) A student may participate in the program only
4    after the school district, pursuant to adopted school
5    board policy, and a person authorized to enroll the
6    student under Section 10-20.12b of this Code determine
7    that a remote educational program will best serve the
8    student's individual learning needs. The adopted school
9    board policy shall include, but not be limited to, all of
10    the following:
11            (A) Criteria for determining that a remote
12        educational program will best serve a student's
13        individual learning needs. The criteria must include
14        consideration of, at a minimum, a student's prior
15        attendance, disciplinary record, and academic history.
16            (B) Any limitations on the number of students or
17        grade levels that may participate in a remote
18        educational program.
19            (C) A description of the process that the school
20        district will use to approve participation in the
21        remote educational program. The process must include
22        without limitation a requirement that, for any student
23        who qualifies to receive services pursuant to the
24        federal Individuals with Disabilities Education
25        Improvement Act of 2004, the student's participation
26        in a remote educational program receive prior approval

 

 

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1        from the student's individualized education program
2        team.
3            (D) A description of the process the school
4        district will use to develop and approve a written
5        remote educational plan that meets the requirements of
6        subdivision (5) of this subsection (a).
7            (E) A description of the system the school
8        district will establish to determine student
9        participation in instruction in accordance with the
10        remote educational program.
11            (F) A description of the process for renewing a
12        remote educational program at the expiration of its
13        term.
14            (G) Such other terms and provisions as the school
15        district deems necessary to provide for the
16        establishment and delivery of a remote educational
17        program.
18        (2) The school district has determined that the remote
19    educational program's curriculum is aligned to State
20    learning standards and that the program offers instruction
21    and educational experiences consistent with those given to
22    students at the same grade level in the district.
23        (3) The remote educational program is delivered by
24    instructors that meet the following qualifications:
25            (A) they are licensed under Article 21B of this
26        Code;

 

 

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1            (B) (blank); and
2            (C) they have responsibility for all of the
3        following elements of the program: planning
4        instruction, diagnosing learning needs, prescribing
5        content delivery through class activities, assessing
6        learning, reporting outcomes to administrators and
7        parents and guardians, and evaluating the effects of
8        instruction.
9        (4) During the period of time from and including the
10    opening date to the closing date of the regular school
11    term of the school district established pursuant to
12    Section 10-19 of this Code, participation in a remote
13    educational program may be claimed for evidence-based
14    funding purposes under Section 18-8.15 of this Code on any
15    calendar day, notwithstanding whether the day is a day of
16    pupil attendance or institute day on the school district's
17    calendar or any other provision of law restricting
18    instruction on that day. If the district holds year-round
19    classes in some buildings, the district shall classify
20    each student's participation in a remote educational
21    program as either on a year-round or a non-year-round
22    schedule for purposes of claiming evidence-based funding.
23    Outside of the regular school term of the district, the
24    remote educational program may be offered as part of any
25    summer school program authorized by this Code.
26        (5) Each student participating in a remote educational

 

 

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1    program must have a written remote educational plan that
2    has been approved by the school district and a person
3    authorized to enroll the student under Section 10-20.12b
4    of this Code. The school district and a person authorized
5    to enroll the student under Section 10-20.12b of this Code
6    must approve any amendment to a remote educational plan.
7    The remote educational plan must include, but is not
8    limited to, all of the following:
9            (A) Specific achievement goals for the student
10        aligned to State learning standards.
11            (B) A description of all assessments that will be
12        used to measure student progress, which description
13        shall indicate the assessments that will be
14        administered at an attendance center within the school
15        district.
16            (C) A description of the progress reports that
17        will be provided to the school district and the person
18        or persons authorized to enroll the student under
19        Section 10-20.12b of this Code.
20            (D) Expectations, processes, and schedules for
21        interaction between a teacher and student.
22            (E) A description of the specific responsibilities
23        of the student's family and the school district with
24        respect to equipment, materials, phone and Internet
25        service, and any other requirements applicable to the
26        home or other location outside of a school building

 

 

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1        necessary for the delivery of the remote educational
2        program.
3            (F) If applicable, a description of how the remote
4        educational program will be delivered in a manner
5        consistent with the student's individualized education
6        program required by Section 614(d) of the federal
7        Individuals with Disabilities Education Improvement
8        Act of 2004 or plan to ensure compliance with Section
9        504 of the federal Rehabilitation Act of 1973.
10            (G) A description of the procedures and
11        opportunities for participation in academic and
12        extracurricular activities and programs within the
13        school district.
14            (H) The identification of a parent, guardian, or
15        other responsible adult who will provide direct
16        supervision of the program. The plan must include an
17        acknowledgment by the parent, guardian, or other
18        responsible adult that he or she may engage only in
19        non-teaching duties not requiring instructional
20        judgment or the evaluation of a student. The plan
21        shall designate the parent, guardian, or other
22        responsible adult as non-teaching personnel or
23        volunteer personnel under subsection (a) of Section
24        10-22.34 of this Code.
25            (I) The identification of a school district
26        administrator who will oversee the remote educational

 

 

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1        program on behalf of the school district and who may be
2        contacted by the student's parents with respect to any
3        issues or concerns with the program.
4            (J) The term of the student's participation in the
5        remote educational program, which may not extend for
6        longer than 12 months, unless the term is renewed by
7        the district in accordance with subdivision (7) of
8        this subsection (a).
9            (K) A description of the specific location or
10        locations in which the program will be delivered. If
11        the remote educational program is to be delivered to a
12        student in any location other than the student's home,
13        the plan must include a written determination by the
14        school district that the location will provide a
15        learning environment appropriate for the delivery of
16        the program. The location or locations in which the
17        program will be delivered shall be deemed a long
18        distance teaching reception area under subsection (a)
19        of Section 10-22.34 of this Code.
20            (L) Certification by the school district that the
21        plan meets all other requirements of this Section.
22        (6) Students participating in a remote educational
23    program must be enrolled in a school district attendance
24    center pursuant to the school district's enrollment policy
25    or policies. A student participating in a remote
26    educational program must be tested as part of all

 

 

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1    assessments administered by the school district pursuant
2    to Section 2-3.64a-5 of this Code at the attendance center
3    in which the student is enrolled and in accordance with
4    the attendance center's assessment policies and schedule.
5    The student must be included within all accountability
6    determinations for the school district and attendance
7    center under State and federal law.
8        (7) The term of a student's participation in a remote
9    educational program may not extend for longer than 12
10    months, unless the term is renewed by the school district.
11    The district may only renew a student's participation in a
12    remote educational program following an evaluation of the
13    student's progress in the program, a determination that
14    the student's continuation in the program will best serve
15    the student's individual learning needs, and an amendment
16    to the student's written remote educational plan
17    addressing any changes for the upcoming term of the
18    program.
19    For purposes of this Section, a remote educational program
20does not include instruction delivered to students through an
21e-learning program approved under Section 10-20.56 of this
22Code, a remote and blended remote learning day plan under
23Section 10-30 or 34-18.66 of this Code, or a remote learning
24plan under Section 10-31 or 34-18.82 of this Code.
25    (b) A school district may, by resolution of its school
26board, establish a remote educational program.

 

 

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1    (c) (Blank).
2    (d) The impact of remote educational programs on wages,
3hours, and terms and conditions of employment of educational
4employees within the school district shall be subject to local
5collective bargaining agreements.
6    (e) The use of a home or other location outside of a school
7building for a remote educational program shall not cause the
8home or other location to be deemed a public school facility.
9    (f) A remote educational program may be used, but is not
10required, for instruction delivered to a student in the home
11or other location outside of a school building that is not
12claimed for evidence-based funding purposes under Section
1318-8.15 of this Code.
14    (g) School districts that, pursuant to this Section, adopt
15a policy for a remote educational program must submit to the
16State Board of Education a copy of the policy and any
17amendments thereto, as well as data on student participation
18in a format specified by the State Board of Education. The
19State Board of Education may perform or contract with an
20outside entity to perform an evaluation of remote educational
21programs in this State.
22    (h) The State Board of Education may adopt any rules
23necessary to ensure compliance by remote educational programs
24with the requirements of this Section and other applicable
25legal requirements.
26(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
 

 

 

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1    (105 ILCS 5/10-30)
2    Sec. 10-30. Remote and blended remote learning; public
3health emergency. This Section applies if the Governor has
4declared a disaster due to a public health emergency pursuant
5to Section 7 of the Illinois Emergency Management Agency Act.
6        (1) If the Governor has declared a disaster due to a
7    public health emergency pursuant to Section 7 of the
8    Illinois Emergency Management Agency Act, the State
9    Superintendent of Education may declare a requirement to
10    use remote learning days or blended remote learning days
11    for a school district, multiple school districts, a
12    region, or the entire State. During remote learning days,
13    schools shall conduct instruction remotely. During blended
14    remote learning days, schools may utilize hybrid models of
15    in-person and remote instruction. Once declared, remote
16    learning days or blended remote learning days shall be
17    implemented in grades pre-kindergarten through 12 as days
18    of attendance and shall be deemed pupil attendance days
19    for calculation of the length of a school term under
20    Section 10-19.
21        (2) For purposes of this Section, a remote learning
22    day or blended remote learning day may be met through a
23    district's implementation of an e-learning program under
24    Section 10-20.56 or a remote learning plan under Section
25    10-31.

 

 

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1        (3) For any district that does not implement an
2    e-learning program under Section 10-20.56 or a remote
3    learning plan under Section 10-31, the district shall
4    adopt a remote and blended remote learning day plan
5    approved by the district superintendent. Each district may
6    utilize remote and blended remote learning planning days,
7    consecutively or in separate increments, to develop,
8    review, or amend its remote and blended remote learning
9    day plan or provide professional development to staff
10    regarding remote education. Up to 5 remote and blended
11    remote learning planning days may be deemed pupil
12    attendance days for calculation of the length of a school
13    term under Section 10-19.
14        (4) Each remote and blended remote learning day plan
15    shall address the following:
16            (i) accessibility of the remote instruction to all
17        students enrolled in the district;
18            (ii) if applicable, a requirement that the remote
19        learning day and blended remote learning day
20        activities reflect State learning standards;
21            (iii) a means for students to confer with an
22        educator, as necessary;
23            (iv) the unique needs of students in special
24        populations, including, but not limited to, students
25        eligible for special education under Article 14,
26        students who are English learners as defined in

 

 

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1        Section 14C-2, and students experiencing homelessness
2        under the Education for Homeless Children Act, or
3        vulnerable student populations;
4            (v) how the district will take attendance and
5        monitor and verify each student's remote
6        participation; and
7            (vi) transitions from remote learning to on-site
8        learning upon the State Superintendent's declaration
9        that remote learning days or blended remote learning
10        days are no longer deemed necessary.
11        (5) The district superintendent shall periodically
12    review and amend the district's remote and blended remote
13    learning day plan, as needed, to ensure the plan meets the
14    needs of all students.
15        (6) Each remote and blended remote learning day plan
16    shall be posted on the district's Internet website where
17    other policies, rules, and standards of conduct are posted
18    and shall be provided to students and faculty.
19        (7) This Section does not create any additional
20    employee bargaining rights and does not remove any
21    employee bargaining rights.
22        (8) Statutory and regulatory curricular mandates and
23    offerings may be administered via a district's remote and
24    blended remote learning day plan, except that a district
25    may not offer individual behind-the-wheel instruction
26    required by Section 27-24.2 via a district's remote and

 

 

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1    blended remote learning day plan. This Section does not
2    relieve schools and districts from completing all
3    statutory and regulatory curricular mandates and
4    offerings.
5(Source: P.A. 101-643, eff. 6-18-20.)
 
6    (105 ILCS 5/10-31 new)
7    Sec. 10-31. Remote learning.
8    (a) A school district may utilize a remote learning day
9meeting the requirements of this Section in lieu of the
10district's scheduled emergency days as required by Section
1110-19 of this Code or because a school was selected to be a
12polling place under Section 11-4.1 of the Election Code.
13However, in no case may a school district utilize more than 5
14remote learning days under this Section in a school year. A
15remote learning day under this Section shall be deemed a pupil
16attendance day for calculation of the length of the school
17term under Section 10-19 of this Code.
18    (b) The district superintendent must approve a remote
19learning plan for the district before the district may utilize
20a remote learning day under this Section. The remote learning
21plan must address all of the following:
22        (1) The accessibility of remote instruction, including
23    non-electronic materials, to all students enrolled in the
24    district.
25        (2) The requirement that remote learning day

 

 

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

 

 

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1years thereafter, the district superintendent shall review the
2plan and make any necessary changes. During the 3-year term of
3a remote learning plan, the district superintendent may
4periodically review and amend the plan as needed to ensure
5that the plan meets the needs of all students and faculty.
6    The remote learning plan must be posted on the district's
7Internet website where other policies, rules, and standards of
8conduct are posted and must be provided to students and
9faculty. Any changes to the remote learning plan must be
10posted on the district's Internet website.
11    (c) The district must provide effective notice to students
12and their parents or guardians of the use of a particular day
13as a remote learning day.
14    (d) The district must provide students and faculty with
15adequate training on how to participate in a remote learning
16day.
17    (e) The district shall ensure an opportunity for any
18collective bargaining negotiations with representatives of the
19district's employees that would be legally required, including
20all classifications of district employees who are represented
21by a collective bargaining agreement and who would be affected
22in the event a remote learning day is used.
23    (f) Statutory and regulatory curricular mandates and
24offerings may be administered via remote learning under the
25remote learning plan. This Section does not relieve a school
26or district from completing all statutory and regulatory

 

 

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

 

 

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1benefits rendered for any school closure, remote learning day
2or e-learning day if the closure precludes them from
3performing their regularly scheduled duties and the employees
4would have reported for work but for the closure, remote
5learning day, or e-learning day, except this requirement does
6not apply if the day is rescheduled and the employee will be
7paid their daily, regular rate of pay and benefits for the
8rescheduled day when services are rendered.
9    (j) The State Board of Education may adopt rules
10consistent with the provisions of this Section that are
11necessary to implement this Section.
 
12    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
13    Sec. 18-12. Dates for filing State aid claims. The school
14board of each school district, a regional office of education,
15a laboratory school, or a State-authorized charter school
16shall require teachers, principals, or superintendents to
17furnish from records kept by them such data as it needs in
18preparing and certifying to the State Superintendent of
19Education its report of claims provided in Section 18-8.05 or
2018-8.15 of this Code. The claim shall be based on the latest
21available equalized assessed valuation and tax rates, as
22provided in Section 18-8.05 or 18-8.15, shall use the average
23daily attendance as determined by the method outlined in
24Section 18-8.05 or 18-8.15, and shall be certified and filed
25with the State Superintendent of Education by June 21 for

 

 

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1districts and State-authorized charter schools with an
2official school calendar end date before June 15 or within 2
3weeks following the official school calendar end date for
4districts, regional offices of education, laboratory schools,
5or State-authorized charter schools with a school year end
6date of June 15 or later. Failure to so file by these deadlines
7constitutes a forfeiture of the right to receive payment by
8the State until such claim is filed. The State Superintendent
9of Education shall voucher for payment those claims to the
10State Comptroller as provided in Section 18-11.
11    Except as otherwise provided in this Section, if any
12school district fails to provide the minimum school term
13specified in Section 10-19, the State aid claim for that year
14shall be reduced by the State Superintendent of Education in
15an amount equivalent to 1/176 or .56818% for each day less than
16the number of days required by this Code.
17    If the State Superintendent of Education determines that
18the failure to provide the minimum school term was occasioned
19by an act or acts of God, or was occasioned by conditions
20beyond the control of the school district which posed a
21hazardous threat to the health and safety of pupils, the State
22aid claim need not be reduced.
23    If a school district is precluded from providing the
24minimum hours of instruction required for a full day of
25attendance due to (A) an adverse weather condition, (B) a
26condition beyond the control of the school district that poses

 

 

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1a hazardous threat to the health and safety of students, or (C)
2beginning with the 2016-2017 school year, the utilization of
3the school district's facilities for not more than 2 school
4days per school year by local or county authorities for the
5purpose of holding a memorial or funeral services in
6remembrance of a community member, then the partial day of
7attendance may be counted if (i) the school district has
8provided at least one hour of instruction prior to the closure
9of the school district, (ii) a school building has provided at
10least one hour of instruction prior to the closure of the
11school building, or (iii) the normal start time of the school
12district is delayed.
13    If, prior to providing any instruction, a school district
14must close one or more but not all school buildings after
15consultation with a local emergency response agency or due to
16a condition beyond the control of the school district, then
17the school district may claim attendance for up to 2 school
18days based on the average attendance of the 3 school days
19immediately preceding the closure of the affected school
20building or, if approved by the State Board of Education,
21utilize the provisions of an e-learning program under Section
2210-20.56 of this Code or a remote learning plan under Section
2310-31 or 34-18.82 of this Code for the affected school
24building as prescribed in Section 10-20.56 of this Code. The
25partial or no day of attendance described in this Section and
26the reasons therefore shall be certified within a month of the

 

 

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1closing or delayed start by the school district superintendent
2to the regional superintendent of schools for forwarding to
3the State Superintendent of Education for approval.
4    Other than the utilization of any e-learning days as
5prescribed in Section 10-20.56 of this Code or remote learning
6days as prescribed in Section 10-31 or 34-18.82 of this Code,
7no exception to the requirement of providing a minimum school
8term may be approved by the State Superintendent of Education
9pursuant to this Section unless a school district has first
10used all emergency days provided for in its regular calendar.
11    If the State Superintendent of Education declares that an
12energy shortage exists during any part of the school year for
13the State or a designated portion of the State, a district may
14operate the school attendance centers within the district 4
15days of the week during the time of the shortage by extending
16each existing school day by one clock hour of school work, and
17the State aid claim shall not be reduced, nor shall the
18employees of that district suffer any reduction in salary or
19benefits as a result thereof. A district may operate all
20attendance centers on this revised schedule, or may apply the
21schedule to selected attendance centers, taking into
22consideration such factors as pupil transportation schedules
23and patterns and sources of energy for individual attendance
24centers.
25    Electronically submitted State aid claims shall be
26submitted by duly authorized district individuals over a

 

 

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1secure network that is password protected. The electronic
2submission of a State aid claim must be accompanied with an
3affirmation that all of the provisions of Section 18-8.05 or
418-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
5all respects.
6(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
7100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
88-14-18.)
 
9    (105 ILCS 5/34-18.66)
10    Sec. 34-18.66. Remote and blended remote learning; public
11health emergency. This Section applies if the Governor has
12declared a disaster due to a public health emergency pursuant
13to Section 7 of the Illinois Emergency Management Agency Act.
14        (1) If the Governor has declared a disaster due to a
15    public health emergency pursuant to Section 7 of the
16    Illinois Emergency Management Agency Act, the State
17    Superintendent of Education may declare a requirement to
18    use remote learning days or blended remote learning days
19    for the school district, multiple school districts, a
20    region, or the entire State. During remote learning days,
21    schools shall conduct instruction remotely. During blended
22    remote learning days, schools may utilize hybrid models of
23    in-person and remote instruction. Once declared, remote
24    learning days or blended remote learning days shall be
25    implemented in grades pre-kindergarten through 12 as days

 

 

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1    of attendance and shall be deemed pupil attendance days
2    for calculation of the length of a school term under
3    Section 10-19.
4        (2) For purposes of this Section, a remote learning
5    day or blended remote learning day may be met through the
6    district's implementation of an e-learning program under
7    Section 10-20.56 or a remote learning plan under Section
8    34-18.82.
9        (3) If the district does not implement an e-learning
10    program under Section 10-20.56 or a remote learning plan
11    under Section 34-18.82, the district shall adopt a remote
12    and blended remote learning day plan approved by the
13    general superintendent of schools. The district may
14    utilize remote and blended remote learning planning days,
15    consecutively or in separate increments, to develop,
16    review, or amend its remote and blended remote learning
17    day plan or provide professional development to staff
18    regarding remote education. Up to 5 remote and blended
19    remote learning planning days may be deemed pupil
20    attendance days for calculation of the length of a school
21    term under Section 10-19.
22        (4) Each remote and blended remote learning day plan
23    shall address the following:
24            (i) accessibility of the remote instruction to all
25        students enrolled in the district;
26            (ii) if applicable, a requirement that the remote

 

 

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1        learning day and blended remote learning day
2        activities reflect State learning standards;
3            (iii) a means for students to confer with an
4        educator, as necessary;
5            (iv) the unique needs of students in special
6        populations, including, but not limited to, students
7        eligible for special education under Article 14,
8        students who are English learners as defined in
9        Section 14C-2, and students experiencing homelessness
10        under the Education for Homeless Children Act, or
11        vulnerable student populations;
12            (v) how the district will take attendance and
13        monitor and verify each student's remote
14        participation; and
15            (vi) transitions from remote learning to on-site
16        learning upon the State Superintendent's declaration
17        that remote learning days or blended remote learning
18        days are no longer deemed necessary.
19        (5) The general superintendent of schools shall
20    periodically review and amend the district's remote and
21    blended remote learning day plan, as needed, to ensure the
22    plan meets the needs of all students.
23        (6) Each remote and blended remote learning day plan
24    shall be posted on the district's Internet website where
25    other policies, rules, and standards of conduct are posted
26    and shall be provided to students and faculty.

 

 

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1        (7) This Section does not create any additional
2    employee bargaining rights and does not remove any
3    employee bargaining rights.
4        (8) Statutory and regulatory curricular mandates and
5    offerings may be administered via the district's remote
6    and blended remote learning day plan, except that the
7    district may not offer individual behind-the-wheel
8    instruction required by Section 27-24.2 via the district's
9    remote and blended remote learning day plan. This Section
10    does not relieve schools and the district from completing
11    all statutory and regulatory curricular mandates and
12    offerings.
13(Source: P.A. 101-643, eff. 6-18-20.)
 
14    (105 ILCS 5/34-18.82 new)
15    Sec. 34-18.82. Remote learning.
16    (a) The school district may utilize a remote learning day
17meeting the requirements of this Section in lieu of the
18district's scheduled emergency days as required by Section
1910-19 of this Code or because a school was selected to be a
20polling place under Section 11-4.1 of the Election Code.
21However, in no case may the district utilize more than 5 remote
22learning days under this Section in a school year. A remote
23learning day under this Section shall be deemed a pupil
24attendance day for calculation of the length of the school
25term under Section 10-19 of this Code.

 

 

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1    (b) The general superintendent of schools must approve a
2remote learning plan for the district before the district may
3utilize a remote learning day under this Section. The remote
4learning plan must address all of the following:
5        (1) The accessibility of remote instruction, including
6    non-electronic materials, to all students enrolled in the
7    district.
8        (2) The requirement that remote learning day
9    activities reflect State learning standards, if
10    applicable.
11        (3) A means for a student to confer with an educator,
12    as necessary.
13        (4) The unique needs of a student in a special
14    population, including, but not limited to, a student
15    eligible for special education services under Article 14
16    of this Code, a student who is an English learner, as
17    defined in Section 14C-2 of this Code, or a student who is
18    a homeless person, child, or youth, as defined in the
19    Education for Homeless Children Act, or other vulnerable
20    student population.
21        (5) How the district will take attendance and monitor
22    and verify each student's remote participation.
23        (6) An assurance of at least 5 clock hours of school
24    work, as required under Section 10-19.05 of this Code, for
25    each student participating in the remote learning day.
26    Before the general superintendent approves a remote

 

 

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1learning plan, the school board must hold a public hearing on
2the district's initial proposal for a remote learning plan or
3for renewal of a remote learning plan at a regular or special
4meeting of the school board, at which meeting the terms of the
5proposal or renewal must be substantially presented and an
6opportunity for allowing public comments must be provided.
7    Approval of a remote learning plan by the general
8superintendent of schools shall be for an initial term of 3
9years. Every 3 years thereafter, the general superintendent of
10schools shall review the plan and make any necessary changes.
11During the 3-year term of a remote learning plan, the general
12superintendent of schools may periodically review and amend
13the plan as needed to ensure that the plan meets the needs of
14all students and faculty.
15    The remote learning plan must be posted on the district's
16Internet website where other policies, rules, and standards of
17conduct are posted and must be provided to students and
18faculty. Any changes to the remote learning plan must be
19posted on the district's Internet website.
20    (c) The district must provide effective notice to students
21and their parents or guardians of the use of a particular day
22as a remote learning day.
23    (d) The district must provide students and faculty with
24adequate training on how to participate in a remote learning
25day.
26    (e) The district shall ensure an opportunity for any

 

 

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

 

 

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1does not apply if the day is rescheduled and the employees will
2be paid their daily, regular rate of pay and benefits for the
3rescheduled day if services are rendered.
4    (i) A school district shall make full payment that would
5have otherwise been paid to its contractors who provide
6educational support services to the district, including, but
7not limited to, custodial, building maintenance,
8transportation, food service providers, classroom assistants,
9or administrative staff, their daily, regular rate of pay and
10benefits rendered for any school closure, remote learning day
11or e-learning day if the closure precludes them from
12performing their regularly scheduled duties and the employees
13would have reported for work but for the closure, remote
14learning day, or e-learning day, except this requirement does
15not apply if the day is rescheduled and the employee will be
16paid their daily, regular rate of pay and benefits for the
17rescheduled day when services are rendered.
18    (j) The State Board of Education may adopt rules
19consistent with the provisions of this Section that are
20necessary to implement this Section.
 
21    Section 99. Effective date. This Act takes effect July 1,
222023.".