SB0459sam001 103RD GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 3/21/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 459

2    AMENDMENT NO. ______. Amend Senate Bill 459 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 27-24.2, 27-24.4, and 27-24.5 as follows:
 
6    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
7    Sec. 27-24.2. Safety education; driver education course.
8Instruction shall be given in safety education in each of
9grades one through 8, equivalent to one class period each
10week, and any school district which maintains grades 9 through
1112 shall offer a driver education course in any such school
12which it operates. Its curriculum shall include content
13dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
14Vehicle Code, the rules adopted pursuant to those Chapters
15insofar as they pertain to the operation of motor vehicles,
16and the portions of the Litter Control Act relating to the

 

 

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1operation of motor vehicles. The course of instruction given
2in grades 10 through 12 shall include an emphasis on the
3development of knowledge, attitudes, habits, and skills
4necessary for the safe operation of motor vehicles, including
5motorcycles insofar as they can be taught in the classroom,
6and instruction on distracted driving as a major traffic
7safety issue. In addition, the course shall include
8instruction on special hazards existing at and required safety
9and driving precautions that must be observed at emergency
10situations, highway construction and maintenance zones, and
11railroad crossings and the approaches thereto. Beginning with
12the 2017-2018 school year, the course shall also include
13instruction concerning law enforcement procedures for traffic
14stops, including a demonstration of the proper actions to be
15taken during a traffic stop and appropriate interactions with
16law enforcement. The course of instruction required of each
17eligible student at the high school level shall consist of a
18minimum of 30 clock hours of classroom instruction and a
19minimum of 6 clock hours of individual behind-the-wheel
20instruction in a dual control car on public roadways taught by
21a driver education instructor endorsed by the State Board of
22Education. A school district's decision to allow a student to
23take a portion of the driver education course through a
24distance learning program must be determined on a case-by-case
25basis and must be approved by the school's administration,
26including the student's driver education teacher, and the

 

 

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1student's parent or guardian. Under no circumstances may the
2student take the entire driver education course through a
3distance learning program. Both the classroom instruction part
4and the practice driving part of a driver education course
5shall be open to a resident or non-resident student attending
6a non-public school in the district wherein the course is
7offered. Each student attending any public or non-public high
8school in the district must receive a passing grade in at least
98 courses during the previous 2 semesters prior to enrolling
10in a driver education course, or the student shall not be
11permitted to enroll in the course; provided that the local
12superintendent of schools (with respect to a student attending
13a public high school in the district) or chief school
14administrator (with respect to a student attending a
15non-public high school in the district) may waive the
16requirement if the superintendent or chief school
17administrator, as the case may be, deems it to be in the best
18interest of the student. A student may be allowed to commence
19the classroom instruction part of such driver education course
20prior to reaching age 15 if such student then will be eligible
21to complete the entire course within 12 months after being
22allowed to commence such classroom instruction.
23    A school district may offer a driver education course in a
24school by contracting with a commercial driver training school
25to provide both the classroom instruction part and the
26practice driving part or either one without having to request

 

 

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1a modification or waiver of administrative rules of the State
2Board of Education if the school district approves the action
3during a public hearing on whether to enter into a contract
4with a commercial driver training school. The public hearing
5shall be held at a regular or special school board meeting
6prior to entering into such a contract. If a school district
7chooses to approve a contract with a commercial driver
8training school, then the district must provide evidence to
9the State Board of Education that the commercial driver
10training school with which it will contract holds a license
11issued by the Secretary of State under Article IV of Chapter 6
12of the Illinois Vehicle Code and that each instructor employed
13by the commercial driver training school to provide
14instruction to students served by the school district holds a
15valid teaching license issued under the requirements of this
16Code and rules of the State Board of Education. Such evidence
17must include, but need not be limited to, a list of each
18instructor assigned to teach students served by the school
19district, which list shall include the instructor's name,
20personal identification number as required by the State Board
21of Education, birth date, and driver's license number. Once
22the contract is entered into, the school district shall notify
23the State Board of Education of any changes in the personnel
24providing instruction either (i) within 15 calendar days after
25an instructor leaves the program or (ii) before a new
26instructor is hired. Such notification shall include the

 

 

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1instructor's name, personal identification number as required
2by the State Board of Education, birth date, and driver's
3license number. If the school district maintains an Internet
4website, then the district shall post a copy of the final
5contract between the district and the commercial driver
6training school on the district's Internet website. If no
7Internet website exists, then the school district shall make
8available the contract upon request. A record of all materials
9in relation to the contract must be maintained by the school
10district and made available to parents and guardians upon
11request. The instructor's date of birth and driver's license
12number and any other personally identifying information as
13deemed by the federal Driver's Privacy Protection Act of 1994
14must be redacted from any public materials.
15    Beginning with the 2024-2025 school year, a school
16district that contracts with a commercial driver training
17school to teach a driver education course under this Section
18may not charge students fees associated with driver education.
19All fees associated with driver education shall instead be
20collected by the commercial driver training school.
21    Such a course may be commenced immediately after the
22completion of a prior course. Teachers of such courses shall
23meet the licensure requirements of this Code and regulations
24of the State Board as to qualifications. Except for a contract
25with a Certified Driver Rehabilitation Specialist, a school
26district that contracts with a third party to teach a driver

 

 

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1education course under this Section must ensure the teacher
2meets the educator licensure and endorsement requirements
3under Article 21B and must follow the same evaluation and
4observation requirements that apply to non-tenured teachers
5under Article 24A. The teacher evaluation must be conducted by
6a school administrator employed by the school district and
7must be submitted annually to the district superintendent and
8all school board members for oversight purposes.
9    Subject to rules of the State Board of Education, the
10school district may charge a reasonable fee, not to exceed
11$50, to students who participate in the course, unless a
12student is unable to pay for such a course, in which event the
13fee for such a student must be waived. However, the district
14may increase this fee to an amount not to exceed $250 by school
15board resolution following a public hearing on the increase,
16which increased fee must be waived for students who
17participate in the course and are unable to pay for the course.
18The total amount from driver education fees and reimbursement
19from the State for driver education must not exceed the total
20cost of the driver education program in any year and must be
21deposited into the school district's driver education fund as
22a separate line item budget entry. All moneys deposited into
23the school district's driver education fund must be used
24solely for the funding of a high school driver education
25program approved by the State Board of Education that uses
26driver education instructors endorsed by the State Board of

 

 

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1Education.
2(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19;
3102-558, eff. 8-20-21.)
 
4    (105 ILCS 5/27-24.4)  (from Ch. 122, par. 27-24.4)
5    Sec. 27-24.4. Reimbursement amount.
6    (a) Except as otherwise provided in Section 27-24.5, each
7Each school district shall be entitled to reimbursement for
8each student who finishes either the classroom instruction
9part or the practice driving part of a driver education course
10that meets the minimum requirements of this Act. Reimbursement
11under this Act is payable from the Drivers Education Fund in
12the State treasury.
13    Each year all funds appropriated from the Drivers
14Education Fund to the State Board of Education, with the
15exception of those funds necessary for administrative purposes
16of the State Board of Education, shall be distributed in the
17manner provided in this paragraph to school districts by the
18State Board of Education for reimbursement of claims from the
19previous school year. As soon as may be after each quarter of
20the year, if moneys are available in the Drivers Education
21Fund in the State treasury for payments under this Section,
22the State Comptroller shall draw his or her warrants upon the
23State Treasurer as directed by the State Board of Education.
24The warrant for each quarter shall be in an amount equal to
25one-fourth of the total amount to be distributed to school

 

 

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1districts for the year. Payments shall be made to school
2districts as soon as may be after receipt of the warrants.
3    The base reimbursement amount shall be calculated by the
4State Board by dividing the total amount appropriated for
5distribution by the total of: (a) the number of students who
6have completed the classroom instruction part for whom valid
7claims have been made times 0.2; plus (b) the number of
8students who have completed the practice driving instruction
9part for whom valid claims have been made times 0.8.
10    The amount of reimbursement to be distributed on each
11claim shall be 0.2 times the base reimbursement amount for
12each validly claimed student who has completed the classroom
13instruction part, plus 0.8 times the base reimbursement amount
14for each validly claimed student who has completed the
15practice driving instruction part.
16    (b) The school district which is the residence of a
17student who attends a nonpublic school in another district
18that has furnished the driver education course shall reimburse
19the district offering the course, the difference between the
20actual per capita cost of giving the course the previous
21school year and the amount reimbursed by the State, which, for
22purposes of this subsection (b), shall be referred to as
23"course cost". If the course cost offered by the student's
24resident district is less than the course cost of the course in
25the district where the nonpublic school is located, then the
26student is responsible for paying the district that furnished

 

 

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1the course the difference between the 2 amounts. If a
2nonpublic school student chooses to attend a driver's
3education course in a school district besides the district
4where the nonpublic school is located, then the student is
5wholly responsible for the course cost; however, the nonpublic
6school student may take the course in his or her resident
7district on the same basis as public school students who are
8enrolled in that district.
9    By April 1 the nonpublic school shall notify the district
10offering the course of the names and district numbers of the
11nonresident students desiring to take such course the next
12school year. The district offering such course shall notify
13the district of residence of those students affected by April
1415. The school district furnishing the course may claim the
15nonresident student for the purpose of making a claim for
16State reimbursement under this Act.
17(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
 
18    (105 ILCS 5/27-24.5)  (from Ch. 122, par. 27-24.5)
19    Sec. 27-24.5. Submission of claims.
20    (a) The district shall report on forms prescribed by the
21State Board, on an ongoing basis, a list of students by name,
22birth date and sex, with the date the behind-the-wheel
23instruction or the classroom instruction or both were
24completed and with the status of the course completion.
25    (b) The State shall not reimburse any district for any

 

 

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1student who has repeated any part of the course more than once
2or who did not meet the age requirements of this Act during the
3period that the student was instructed in any part of the
4drivers education course.
5    (c) A school district offering a driver education course
6by contracting with a commercial driver training school under
7Section 27-24.2 is not eligible to submit a claim for State
8reimbursement under this Act.
9(Source: P.A. 96-734, eff. 8-25-09.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".