Full Text of SB1470 103rd General Assembly
SB1470sam001 103RD GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and | 6 | | 34-18.66 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. | 9 | | Each school
board shall annually prepare a calendar for the | 10 | | school term, specifying
the opening and closing dates and | 11 | | providing a minimum term of at least 185
days to insure 176 | 12 | | days of actual pupil attendance, computable under Section | 13 | | 10-19.05, except that for the 1980-1981 school year only 175 | 14 | | days
of actual
pupil attendance shall be required because of | 15 | | the closing of schools pursuant
to Section 24-2 on January 29, | 16 | | 1981 upon the appointment by the President
of that day as a day |
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| 1 | | of thanksgiving for the freedom of the Americans who
had been | 2 | | held hostage in Iran. Any days allowed by law for teachers' | 3 | | institutes
but not used as such or used as parental institutes | 4 | | as provided
in Section 10-22.18d shall increase the minimum | 5 | | term by the school days not
so used. Except as provided in | 6 | | Section 10-19.1, the board may not extend
the school term | 7 | | beyond such closing date unless that extension of term is
| 8 | | necessary to provide the minimum number of computable days. In | 9 | | case of
such necessary extension school employees
shall be | 10 | | paid for such additional time on the basis of their regular
| 11 | | contracts. A school board may specify a closing date earlier | 12 | | than that
set on the annual calendar when the schools of the | 13 | | district have
provided the minimum number of computable days | 14 | | under this Section.
Nothing in this Section prevents the board | 15 | | from employing
superintendents of schools, principals and | 16 | | other nonteaching personnel
for a period of 12 months, or in | 17 | | the case of superintendents for a
period in accordance with | 18 | | Section 10-23.8, or prevents the board from
employing other | 19 | | personnel before or after the regular school term with
payment | 20 | | of salary proportionate to that received for comparable work
| 21 | | during the school term. Remote learning days, blended remote | 22 | | learning days, and up to 5 remote and blended remote learning | 23 | | planning days established under Section 10-30 or 34-18.66 or | 24 | | remote learning days established under Section 10-31 or | 25 | | 34-18.82 shall be deemed pupil attendance days for calculation | 26 | | of 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 | 2 | | the school term
as may be required by any changes in the legal | 3 | | school holidays prescribed
in Section 24-2. A school board may | 4 | | make changes in its calendar for the
school term as may be | 5 | | necessary to reflect the utilization of teachers'
institute | 6 | | days as parental institute days as provided in Section | 7 | | 10-22.18d.
| 8 | | The calendar for the school term and any changes must be | 9 | | submitted to and approved by the regional superintendent of | 10 | | schools before the calendar or changes may take effect.
| 11 | | With the prior approval of the State Board of Education | 12 | | and subject
to review by the State Board of Education every 3 | 13 | | years, any school
board may, by resolution of its board and in | 14 | | agreement with affected
exclusive collective bargaining | 15 | | agents, establish experimental
educational programs, including | 16 | | but not limited to programs for e-learning days as authorized | 17 | | under Section 10-20.56 of this Code,
self-directed learning , | 18 | | or outside of formal class periods, which programs
when so | 19 | | approved shall be considered to comply with the requirements | 20 | | of
this Section as respects numbers of days of actual pupil | 21 | | attendance and
with the other requirements of this Act as | 22 | | respects courses of instruction.
| 23 | | (Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19; | 24 | | 101-643, 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 | 3 | | pupil of legal school age and in kindergarten or any of grades | 4 | | 1 through 12, a day of attendance shall be counted only for | 5 | | sessions of not less than 5 clock hours of school work per day | 6 | | under direct supervision of (i) teachers or (ii) non-teaching | 7 | | personnel or volunteer personnel when engaging in non-teaching | 8 | | duties and supervising in those instances specified in | 9 | | subsection (a) of Section 10-22.34 and paragraph 10 of Section | 10 | | 34-18. Days of attendance by pupils through verified | 11 | | participation in an e-learning program adopted by a school | 12 | | board and verified by the regional office of education or | 13 | | intermediate service center for the school district under | 14 | | Section 10-20.56 of this Code, a remote and blended remote | 15 | | learning day plan under Section 10-30 or 34-18.66 of this | 16 | | Code, or a remote learning plan under Section 10-31 or | 17 | | 34-18.82 of this Code shall be considered as full days of | 18 | | attendance under this Section. | 19 | | (b) A pupil regularly enrolled in a public school for only | 20 | | a part of the school day may be counted on the basis of | 21 | | one-sixth of a school day for every class hour of instruction | 22 | | of 40 minutes or more attended pursuant to such enrollment, | 23 | | unless a pupil is enrolled in a block-schedule format of 80 | 24 | | minutes or more of instruction, in which case the pupil may be | 25 | | counted on the basis of the proportion of minutes of school | 26 | | work completed each day to the minimum number of minutes that |
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| 1 | | school work is required to be held that day. | 2 | | (c) A session of 4 or more clock hours may be counted as a | 3 | | day of attendance upon certification by the regional | 4 | | superintendent of schools and approval by the State | 5 | | Superintendent of Education to the extent that the district | 6 | | has been forced to use daily multiple sessions. | 7 | | (d) A session of 3 or more clock hours may be counted as a | 8 | | day of attendance (1) when the remainder of the school day or | 9 | | at least 2 hours in the evening of that day is utilized for an | 10 | | in-service training program for teachers, up to a maximum of | 11 | | 10 days per school year, provided that a district conducts an | 12 | | in-service training program for teachers in accordance with | 13 | | Section 10-22.39 of this Code, or, in lieu of 4 such days, 2 | 14 | | full days may be used, in which event each such day may be | 15 | | counted as a day required for a legal school calendar pursuant | 16 | | to Section 10-19 of this Code; (2) when, of the 5 days allowed | 17 | | under item (1), a maximum of 4 days are used for parent-teacher | 18 | | conferences, or, in lieu of 4 such days, 2 full days are used, | 19 | | in which case each such day may be counted as a calendar day | 20 | | required under Section 10-19 of this Code, provided that the | 21 | | full-day, parent-teacher conference consists of (i) a minimum | 22 | | of 5 clock hours of parent-teacher conferences, (ii) both a | 23 | | minimum of 2 clock hours of parent-teacher conferences held in | 24 | | the evening following a full day of student attendance and a | 25 | | minimum of 3 clock hours of parent-teacher conferences held on | 26 | | the day immediately following evening parent-teacher |
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| 1 | | conferences, or (iii) multiple parent-teacher conferences held | 2 | | in the evenings following full days of student attendance in | 3 | | which the time used for the parent-teacher conferences is | 4 | | equivalent to a minimum of 5 clock hours; and (3) when days in | 5 | | addition to those provided in items (1) and (2) are scheduled | 6 | | by a school pursuant to its school improvement plan adopted | 7 | | under Article 34 or its revised or amended school improvement | 8 | | plan adopted under Article 2, provided that (i) such sessions | 9 | | of 3 or more clock hours are scheduled to occur at regular | 10 | | intervals, (ii) the remainder of the school days in which such | 11 | | sessions occur are utilized for in-service training programs | 12 | | or other staff development activities for teachers, and (iii) | 13 | | a sufficient number of minutes of school work under the direct | 14 | | supervision of teachers are added to the school days between | 15 | | such regularly scheduled sessions to accumulate not less than | 16 | | the number of minutes by which such sessions of 3 or more clock | 17 | | hours fall short of 5 clock hours. Days scheduled for | 18 | | in-service training programs, staff development activities, or | 19 | | parent-teacher conferences may be scheduled separately for | 20 | | different grade levels and different attendance centers of the | 21 | | district. | 22 | | (e) A session of not less than one clock hour of teaching | 23 | | hospitalized or homebound pupils on-site or by telephone to | 24 | | the classroom may be counted as a half day of attendance; | 25 | | however, these pupils must receive 4 or more clock hours of | 26 | | instruction 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 | 2 | | day of attendance for first grade pupils and pupils in | 3 | | full-day kindergartens, and a session of 2 or more hours may be | 4 | | counted as a half day of attendance by pupils in kindergartens | 5 | | that provide only half days of attendance. | 6 | | (g) For children with disabilities who are below the age | 7 | | of 6 years and who cannot attend 2 or more clock hours because | 8 | | of their disability or immaturity, a session of not less than | 9 | | one clock hour may be counted as a half day of attendance; | 10 | | however, for such children whose educational needs require a | 11 | | session of 4 or more clock hours, a session of at least 4 clock | 12 | | hours may be counted as a full day of attendance. | 13 | | (h) A recognized kindergarten that provides for only a | 14 | | half day of attendance by each pupil shall not have more than | 15 | | one half day of attendance counted in any one day. However, | 16 | | kindergartens may count 2 and a half days of attendance in any | 17 | | 5 consecutive school days. When a pupil attends such a | 18 | | kindergarten for 2 half days on any one school day, the pupil | 19 | | shall have the following day as a day absent from school, | 20 | | unless the school district obtains permission in writing from | 21 | | the State Superintendent of Education. Attendance at | 22 | | kindergartens that provide for a full day of attendance by | 23 | | each pupil shall be counted the same as attendance by first | 24 | | grade pupils. Only the first year of attendance in one | 25 | | kindergarten shall be counted, except in the case of children | 26 | | who entered the kindergarten in their fifth year whose |
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| 1 | | educational development requires a second year of kindergarten | 2 | | as determined under rules of the State Board of Education. | 3 | | (i) On the days when the State's final accountability | 4 | | assessment is administered under subsection (c) of Section | 5 | | 2-3.64a-5 of this Code, the day of attendance for a pupil whose | 6 | | school day must be shortened to accommodate required testing | 7 | | procedures may be less than 5 clock hours and shall be counted | 8 | | toward the 176 days of actual pupil attendance required under | 9 | | Section 10-19 of this Code, provided that a sufficient number | 10 | | of minutes of school work in excess of 5 clock hours are first | 11 | | completed on other school days to compensate for the loss of | 12 | | school work on the examination days. | 13 | | (j) Pupils enrolled in a remote educational program | 14 | | established under Section 10-29 of this Code may be counted on | 15 | | the basis of a one-fifth day of attendance for every clock hour | 16 | | of instruction attended in the remote educational program, | 17 | | provided that, in any month, the school district may not claim | 18 | | for a student enrolled in a remote educational program more | 19 | | days of attendance than the maximum number of days of | 20 | | attendance the district can claim (i) for students enrolled in | 21 | | a building holding year-round classes if the student is | 22 | | classified as participating in the remote educational program | 23 | | on a year-round schedule or (ii) for students enrolled in a | 24 | | building not holding year-round classes if the student is not | 25 | | classified as participating in the remote educational program | 26 | | on a year-round schedule. |
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| 1 | | (j-5) The clock hour requirements of subsections (a) | 2 | | through (j) of this Section do not apply if the Governor has | 3 | | declared a disaster due to a public health emergency pursuant | 4 | | to Section 7 of the Illinois Emergency Management Agency Act. | 5 | | The State Superintendent of Education may establish minimum | 6 | | clock hour requirements under Sections 10-30 and 34-18.66 if | 7 | | the Governor has declared a disaster due to a public health | 8 | | emergency pursuant to Section 7 of the Illinois Emergency | 9 | | Management Agency Act. | 10 | | (k) Pupil participation in any of the following activities | 11 | | shall be counted toward the calculation of clock hours of | 12 | | school 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 | 8 | | maintain, for implementation in school districts, a program | 9 | | for use of electronic-learning (e-learning) days, as described | 10 | | in this
Section. School districts may utilize a program | 11 | | approved under this Section for use during remote learning | 12 | | days and blended remote learning days under Section 10-30 or | 13 | | 34-18.66. | 14 | | (b) The school board of a school district may, by | 15 | | resolution, adopt a research-based program or
research-based | 16 | | programs for e-learning days district-wide that shall permit | 17 | | student instruction to be received electronically while | 18 | | students are not physically present in lieu of the district's | 19 | | scheduled emergency days as required by Section 10-19 of this | 20 | | Code or because a school was selected to be a polling place | 21 | | under Section 11-4.1 of the Election Code. The research-based | 22 | | program or programs may not exceed the minimum number of | 23 | | emergency days in the approved school calendar and must be | 24 | | verified by the regional office of education or intermediate | 25 | | service center for the school district on or before September |
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| 1 | | 1st annually to ensure access for all students. The regional | 2 | | office of education or intermediate service center shall | 3 | | ensure that the specific needs of all students are met, | 4 | | including special education students and English learners, and | 5 | | that all mandates are still met using the proposed | 6 | | research-based program. The e-learning program may utilize the | 7 | | Internet, telephones, texts, chat rooms, or other similar | 8 | | means of electronic communication for instruction and | 9 | | interaction between teachers and students that meet the needs | 10 | | of all
learners. The e-learning program shall address the | 11 | | school district's responsibility to ensure that all teachers | 12 | | and staff who may be involved in the provision of e-learning | 13 | | have access to any and all hardware and software that may be | 14 | | required for the program. If a proposed program does not | 15 | | address this responsibility, the school district must propose | 16 | | an alternate program. | 17 | | (c) Before its adoption by a school board, the school | 18 | | board must hold a public hearing on a school district's | 19 | | initial proposal for an e-learning program or for renewal of | 20 | | such a program, at a regular or special meeting of the school | 21 | | board, in which the terms of the proposal must be | 22 | | substantially presented and an opportunity for allowing public | 23 | | comments must be provided. Notice of such public hearing must | 24 | | be 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 | 9 | | service center for the school district must timely verify that | 10 | | a proposal for an e-learning program has met the requirements | 11 | | specified in this Section and that the proposal contains | 12 | | provisions designed to reasonably and practicably accomplish | 13 | | the 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 | 2 | | e-learning program and renewal of the e-learning program shall | 3 | | be for a term of 3 years. Any e-learning program adopted or | 4 | | renewed before the effective date of this amendatory Act of | 5 | | the 103rd General Assembly may continue until the expiration | 6 | | of its term, at which time the school district shall implement | 7 | | remote learning days under Section 10-31 or Section 34-18.82 | 8 | | of this Code rather than an e-learning program under this | 9 | | Section. | 10 | | (d-5) A school district shall pay to its contractors who | 11 | | provide educational support services to the district, | 12 | | including, but not limited to, custodial, transportation, or | 13 | | food service providers, their daily, regular rate of pay or | 14 | | billings rendered for any e-learning day that is used because | 15 | | a school was selected to be a polling place under Section | 16 | | 11-4.1 of the Election Code, except that this requirement does | 17 | | not apply to contractors who are paid under contracts that are | 18 | | entered into, amended, or renewed on or after March 15, 2022 or | 19 | | to contracts that otherwise address compensation for such | 20 | | e-learning days. | 21 | | (d-10) A school district shall pay to its employees who | 22 | | provide educational support services to the district, | 23 | | including, but not limited to, custodial employees, building | 24 | | maintenance employees, transportation employees, food service | 25 | | providers, classroom assistants, or administrative staff, | 26 | | their daily, regular rate of pay and benefits rendered for any |
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| 1 | | school closure or e-learning day if the closure precludes them | 2 | | from performing their regularly scheduled duties and the | 3 | | employee would have reported for work but for the closure, | 4 | | except this requirement does not apply if the day is | 5 | | rescheduled and the employee will be paid their daily, regular | 6 | | rate of pay and benefits for the rescheduled day when services | 7 | | are rendered. | 8 | | (d-15) A school district shall make full payment that | 9 | | would have otherwise been paid to its contractors who provide | 10 | | educational support services to the district, including, but | 11 | | not limited to, custodial, building maintenance, | 12 | | transportation, food service providers, classroom assistants, | 13 | | or administrative staff, their daily, regular rate of pay and | 14 | | benefits rendered for any school closure or e-learning day if | 15 | | any closure precludes them from performing their regularly | 16 | | scheduled duties and employees would have reported for work | 17 | | but for the closure. The employees who provide the support | 18 | | services covered by such contracts shall be paid their daily | 19 | | bid package rates and benefits as defined by their local | 20 | | operating agreements or collective bargaining agreements, | 21 | | except this requirement does not apply if the day is | 22 | | rescheduled and the employee will be paid their daily, regular | 23 | | rate of pay and benefits for the rescheduled day when services | 24 | | are rendered. | 25 | | (d-20) A school district shall make full payment or | 26 | | reimbursement to an employee or contractor as specified in |
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| 1 | | subsection (d-10) or (d-15) of this Section for any school | 2 | | closure or e-learning day in the 2021-2022 school year that | 3 | | occurred prior to the effective date of this amendatory Act of | 4 | | the 102nd General Assembly if the employee or contractor did | 5 | | not receive pay or was required to use earned paid time off, | 6 | | except this requirement does not apply if the day is | 7 | | rescheduled and the employee will be paid their daily, regular | 8 | | rate of pay and benefits for the rescheduled day when services | 9 | | are rendered. | 10 | | (e) The State Board of Education may adopt rules | 11 | | consistent with the provision of this Section.
| 12 | | (f) For purposes of subsections (d-10), (d-15), and (d-20) | 13 | | of this Section: | 14 | | "Employee" means anyone employed by a school district on | 15 | | or after the effective date of this amendatory Act of the 102nd | 16 | | General Assembly. | 17 | | "School district" includes charter schools established | 18 | | under Article 27A of this Code, but does not include the | 19 | | Department of Juvenile Justice School District. | 20 | | (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20; | 21 | | 102-584, 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 | 25 | | program" means an educational program delivered to students in |
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| 1 | | the home or other location outside of a school building that | 2 | | meets 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 | 20 | | does not include instruction delivered to students through an | 21 | | e-learning program approved under Section 10-20.56 of this | 22 | | Code, a remote and blended remote learning day plan under | 23 | | Section 10-30 or 34-18.66 of this Code, or a remote learning | 24 | | plan under Section 10-31 or 34-18.82 of this Code. | 25 | | (b) A school district may, by resolution of its school | 26 | | board, establish a remote educational program. |
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| 1 | | (c) (Blank). | 2 | | (d) The impact of remote educational programs on wages, | 3 | | hours, and terms and conditions of employment of educational | 4 | | employees within the school district shall be subject to local | 5 | | collective bargaining agreements. | 6 | | (e) The use of a home or other location outside of a school | 7 | | building for a remote educational program shall not cause the | 8 | | home or other location to be deemed a public school facility. | 9 | | (f) A remote educational program may be used, but is not | 10 | | required, for instruction delivered to a student in the home | 11 | | or other location outside of a school building that is not | 12 | | claimed for evidence-based funding purposes under Section | 13 | | 18-8.15 of this Code. | 14 | | (g) School districts that, pursuant to this Section, adopt | 15 | | a policy for a remote educational program must submit to the | 16 | | State Board of Education a copy of the policy and any | 17 | | amendments thereto, as well as data on student participation | 18 | | in a format specified by the State Board of Education. The | 19 | | State Board of Education may perform or contract with an | 20 | | outside entity to perform an evaluation of remote educational | 21 | | programs in this State. | 22 | | (h) The State Board of Education may adopt any rules | 23 | | necessary to ensure compliance by remote educational programs | 24 | | with the requirements of this Section and other applicable | 25 | | legal 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 | 3 | | health emergency . This Section applies if the Governor has | 4 | | declared a disaster due to a public health emergency pursuant | 5 | | to 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 | 9 | | meeting the requirements of this Section in lieu of the | 10 | | district's scheduled emergency days as required by Section | 11 | | 10-19 of this Code or because a school was selected to be a | 12 | | polling place under Section 11-4.1 of the Election Code. | 13 | | However, in no case may a school district utilize more than 5 | 14 | | remote learning days under this Section in a school year. A | 15 | | remote learning day under this Section shall be deemed a pupil | 16 | | attendance day for calculation of the length of the school | 17 | | term under Section 10-19 of this Code. | 18 | | (b) The district superintendent must approve a remote | 19 | | learning plan for the district before the district may utilize | 20 | | a remote learning day under this Section. The remote learning | 21 | | plan 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 | 19 | | learning plan, the school board must hold a public hearing on | 20 | | the district's initial proposal for a remote learning plan or | 21 | | for renewal of a remote learning plan at a regular or special | 22 | | meeting of the school board, at which meeting the terms of the | 23 | | proposal or renewal must be substantially presented and an | 24 | | opportunity for allowing public comments must be provided. | 25 | | Approval of a remote learning plan by the district | 26 | | superintendent shall be for an initial term of 3 years. Every 3 |
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| 1 | | years thereafter, the district superintendent shall review the | 2 | | plan and make any necessary changes. During the 3-year term of | 3 | | a remote learning plan, the district superintendent may | 4 | | periodically review and amend the plan as needed to ensure | 5 | | that the plan meets the needs of all students and faculty. | 6 | | The remote learning plan must be posted on the district's | 7 | | Internet website where other policies, rules, and standards of | 8 | | conduct are posted and must be provided to students and | 9 | | faculty. Any changes to the remote learning plan must be | 10 | | posted on the district's Internet website. | 11 | | (c) The district must provide effective notice to students | 12 | | and their parents or guardians of the use of a particular day | 13 | | as a remote learning day. | 14 | | (d) The district must provide students and faculty with | 15 | | adequate training on how to participate in a remote learning | 16 | | day. | 17 | | (e) The district shall ensure an opportunity for any | 18 | | collective bargaining negotiations with representatives of the | 19 | | district's employees that would be legally required, including | 20 | | all classifications of district employees who are represented | 21 | | by a collective bargaining agreement and who would be affected | 22 | | in the event a remote learning day is used. | 23 | | (f) Statutory and regulatory curricular mandates and | 24 | | offerings may be administered via remote learning under the | 25 | | remote learning plan. This Section does not relieve a school | 26 | | or district from completing all statutory and regulatory |
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| 1 | | curricular mandates and offerings. | 2 | | (g) A remote learning day may utilize the Internet, | 3 | | telephones, texts, chat rooms, or other similar means of | 4 | | electronic communication for instruction and interaction | 5 | | between educators and students if such utilization meets the | 6 | | needs of all learners. | 7 | | (h) A school district shall pay its employees who provide | 8 | | educational support services to the district, including, but | 9 | | not limited to, custodial employees, building maintenance | 10 | | employees, transportation employees, food service providers, | 11 | | classroom assistants, and administrative staff, their daily, | 12 | | regular rate of pay and benefits rendered for any school | 13 | | closure, remote learning day, or e-learning day if the | 14 | | closure, remote learning day, or e-learning day precludes them | 15 | | from performing their regularly scheduled duties and they | 16 | | would have reported for work but for the closure, remote | 17 | | learning day, or e-learning day; however, this requirement | 18 | | does not apply if the day is rescheduled and the employees will | 19 | | be paid their daily, regular rate of pay and benefits for the | 20 | | rescheduled day if services are rendered. | 21 | | (i) A school district shall make full payment that would | 22 | | have otherwise been paid to its contractors who provide | 23 | | educational support services to the district, including, but | 24 | | not limited to, custodial, building maintenance, | 25 | | transportation, food service providers, classroom assistants, | 26 | | or administrative staff, their daily, regular rate of pay and |
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| 1 | | benefits rendered for any school closure, remote learning day | 2 | | or e-learning day if the closure precludes them from | 3 | | performing their regularly scheduled duties and the employees | 4 | | would have reported for work but for the closure, remote | 5 | | learning day, or e-learning day, except this requirement does | 6 | | not apply if the day is rescheduled and the employee will be | 7 | | paid their daily, regular rate of pay and benefits for the | 8 | | rescheduled day when services are rendered. | 9 | | (j) The State Board of Education may adopt rules | 10 | | consistent with the provisions of this Section that are | 11 | | necessary 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 | 14 | | board of
each school district, a regional office of education, | 15 | | a laboratory school, or a State-authorized charter school | 16 | | shall require teachers, principals, or
superintendents to | 17 | | furnish from records kept by them such data as it
needs in | 18 | | preparing and certifying to the State Superintendent of | 19 | | Education
its report of claims provided in Section
18-8.05 or | 20 | | 18-8.15 of this Code. The claim
shall be based on the latest | 21 | | available equalized assessed valuation and tax
rates, as | 22 | | provided in Section 18-8.05 or 18-8.15, shall use the average
| 23 | | daily
attendance as determined by the method outlined in | 24 | | Section 18-8.05 or 18-8.15,
and shall be
certified and filed | 25 | | with the State Superintendent of Education by June 21
for |
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| 1 | | districts and State-authorized charter schools with an
| 2 | | official
school calendar end date before June 15 or within 2 | 3 | | weeks following the
official school calendar end date for | 4 | | districts, regional offices of education, laboratory schools, | 5 | | or State-authorized charter schools with a school year end | 6 | | date
of June 15 or later.
Failure to
so file by these deadlines | 7 | | constitutes a forfeiture of the right
to
receive payment by
| 8 | | the State until such claim is filed. The
State Superintendent | 9 | | of Education shall voucher
for payment those claims to the | 10 | | State Comptroller as provided in Section 18-11.
| 11 | | Except as otherwise provided in this Section, if any | 12 | | school district
fails to provide the minimum school term | 13 | | specified
in Section 10-19, the State aid claim for that year | 14 | | shall be reduced by the
State Superintendent of Education in | 15 | | an amount equivalent to 1/176 or .56818% for
each day less than | 16 | | the number of days required by this Code.
| 17 | | If
the State Superintendent of Education determines that | 18 | | the failure
to
provide the minimum school term was occasioned | 19 | | by an act or acts of God, or
was occasioned by conditions | 20 | | beyond the control of the school district
which posed a | 21 | | hazardous threat to the health and safety of pupils, the
State | 22 | | aid claim need not be reduced.
| 23 | | If a school district is precluded from providing the | 24 | | minimum hours of instruction required for a full day of | 25 | | attendance due to (A) an adverse weather condition, (B) a | 26 | | condition beyond the control of the school district that poses |
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| 1 | | a hazardous threat to the health and safety of students, or (C) | 2 | | beginning with the 2016-2017 school year, the utilization of | 3 | | the school district's facilities for not more than 2 school | 4 | | days per school year by local or county authorities for the | 5 | | purpose of holding a memorial or funeral services in | 6 | | remembrance of a community member, then the partial day of | 7 | | attendance may be counted if (i) the school district has | 8 | | provided at least one hour of instruction prior to the closure | 9 | | of the school district, (ii) a school building has provided at | 10 | | least one hour of instruction prior to the closure of the | 11 | | school building, or (iii) the normal start time of the school | 12 | | district is delayed. | 13 | | If, prior to providing any instruction, a school district | 14 | | must close one or more but not all school buildings after | 15 | | consultation with a local emergency response agency or due to | 16 | | a condition beyond the control of the school district, then | 17 | | the school district may claim attendance for up to 2 school | 18 | | days based on the average attendance of the 3 school days | 19 | | immediately preceding the closure of the affected school | 20 | | building or, if approved by the State Board of Education, | 21 | | utilize the provisions of an e-learning program under Section | 22 | | 10-20.56 of this Code or a remote learning plan under Section | 23 | | 10-31 or 34-18.82 of this Code for the affected school | 24 | | building as prescribed in Section 10-20.56 of this Code . The | 25 | | partial or no day of attendance described in this Section and | 26 | | the reasons therefore shall be certified within a month of the |
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| 1 | | closing or delayed start by the school district superintendent | 2 | | to the regional superintendent of schools for forwarding to | 3 | | the State Superintendent of Education for approval.
| 4 | | Other than the utilization of any e-learning days as | 5 | | prescribed in Section 10-20.56 of this Code or remote learning | 6 | | days as prescribed in Section 10-31 or 34-18.82 of this Code, | 7 | | no exception to the requirement of providing a minimum school | 8 | | term may
be approved by the State Superintendent of Education | 9 | | pursuant to this Section
unless a school district has first | 10 | | used all emergency days provided for
in its regular calendar.
| 11 | | If the State Superintendent of Education declares that an | 12 | | energy
shortage exists during any part of the school year for | 13 | | the State or a
designated portion of the State, a district may | 14 | | operate the school
attendance centers within the district 4 | 15 | | days of the week during the
time of the shortage by extending | 16 | | each existing school day by one clock
hour of school work, and | 17 | | the State aid claim shall not be reduced, nor
shall the | 18 | | employees of that district suffer any reduction in salary or
| 19 | | benefits as a result thereof. A district may operate all | 20 | | attendance
centers on this revised schedule, or may apply the | 21 | | schedule to selected
attendance centers, taking into | 22 | | consideration such factors as pupil
transportation schedules | 23 | | and patterns and sources of energy for
individual attendance | 24 | | centers.
| 25 | | Electronically submitted State aid claims shall be | 26 | | submitted by
duly authorized district individuals over a |
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| 1 | | secure network
that is password protected. The electronic | 2 | | submission of a State aid
claim must be accompanied with an | 3 | | affirmation that all of the provisions
of Section 18-8.05 or | 4 | | 18-8.15 and Sections 10-22.5 and 24-4 of this Code are
met in | 5 | | all respects.
| 6 | | (Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16; | 7 | | 100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff. | 8 | | 8-14-18.)
| 9 | | (105 ILCS 5/34-18.66) | 10 | | Sec. 34-18.66. Remote and blended remote learning ; public | 11 | | health emergency . This Section applies if the Governor has | 12 | | declared a disaster due to a public health emergency pursuant | 13 | | to 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 | 17 | | meeting the requirements of this Section in lieu of the | 18 | | district's scheduled emergency days as required by Section | 19 | | 10-19 of this Code or because a school was selected to be a | 20 | | polling place under Section 11-4.1 of the Election Code. | 21 | | However, in no case may the district utilize more than 5 remote | 22 | | learning days under this Section in a school year. A remote | 23 | | learning day under this Section shall be deemed a pupil | 24 | | attendance day for calculation of the length of the school | 25 | | term under Section 10-19 of this Code. |
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| 1 | | (b) The general superintendent of schools must approve a | 2 | | remote learning plan for the district before the district may | 3 | | utilize a remote learning day under this Section. The remote | 4 | | learning 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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| 1 | | learning plan, the school board must hold a public hearing on | 2 | | the district's initial proposal for a remote learning plan or | 3 | | for renewal of a remote learning plan at a regular or special | 4 | | meeting of the school board, at which meeting the terms of the | 5 | | proposal or renewal must be substantially presented and an | 6 | | opportunity for allowing public comments must be provided. | 7 | | Approval of a remote learning plan by the general | 8 | | superintendent of schools shall be for an initial term of 3 | 9 | | years. Every 3 years thereafter, the general superintendent of | 10 | | schools shall review the plan and make any necessary changes. | 11 | | During the 3-year term of a remote learning plan, the general | 12 | | superintendent of schools may periodically review and amend | 13 | | the plan as needed to ensure that the plan meets the needs of | 14 | | all students and faculty. | 15 | | The remote learning plan must be posted on the district's | 16 | | Internet website where other policies, rules, and standards of | 17 | | conduct are posted and must be provided to students and | 18 | | faculty. Any changes to the remote learning plan must be | 19 | | posted on the district's Internet website. | 20 | | (c) The district must provide effective notice to students | 21 | | and their parents or guardians of the use of a particular day | 22 | | as a remote learning day. | 23 | | (d) The district must provide students and faculty with | 24 | | adequate training on how to participate in a remote learning | 25 | | day. | 26 | | (e) The district shall ensure an opportunity for any |
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| 1 | | collective bargaining negotiations with representatives of the | 2 | | district's employees that would be legally required, including | 3 | | all classifications of district employees who are represented | 4 | | by a collective bargaining agreement and who would be affected | 5 | | in the event a remote learning day is used. | 6 | | (f) Statutory and regulatory curricular mandates and | 7 | | offerings may be administered via remote learning under the | 8 | | remote learning plan. This Section does not relieve a school | 9 | | or the district from completing all statutory and regulatory | 10 | | curricular mandates and offerings. | 11 | | (g) A remote learning day may utilize the Internet, | 12 | | telephones, texts, chat rooms, or other similar means of | 13 | | electronic communication for instruction and interaction | 14 | | between educators and students if such utilization meets the | 15 | | needs of all learners. | 16 | | (h) The district shall pay its employees who provide | 17 | | educational support services to the district, including, but | 18 | | not limited to, custodial employees, building maintenance | 19 | | employees, transportation employees, food service providers, | 20 | | classroom assistants, and administrative staff, their daily, | 21 | | regular rate of pay and benefits rendered for any school | 22 | | closure, remote learning day, or e-learning day if the | 23 | | closure, remote learning day, or e-learning day precludes them | 24 | | from performing their regularly scheduled duties and they | 25 | | would have reported for work but for the closure, remote | 26 | | learning day, or e-learning day; however, this requirement |
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| 1 | | does not apply if the day is rescheduled and the employees will | 2 | | be paid their daily, regular rate of pay and benefits for the | 3 | | rescheduled day if services are rendered. | 4 | | (i) A school district shall make full payment that would | 5 | | have otherwise been paid to its contractors who provide | 6 | | educational support services to the district, including, but | 7 | | not limited to, custodial, building maintenance, | 8 | | transportation, food service providers, classroom assistants, | 9 | | or administrative staff, their daily, regular rate of pay and | 10 | | benefits rendered for any school closure, remote learning day | 11 | | or e-learning day if the closure precludes them from | 12 | | performing their regularly scheduled duties and the employees | 13 | | would have reported for work but for the closure, remote | 14 | | learning day, or e-learning day, except this requirement does | 15 | | not apply if the day is rescheduled and the employee will be | 16 | | paid their daily, regular rate of pay and benefits for the | 17 | | rescheduled day when services are rendered. | 18 | | (j) The State Board of Education may adopt rules | 19 | | consistent with the provisions of this Section that are | 20 | | necessary to implement this Section.
| 21 | | Section 99. Effective date. This Act takes effect July 1, | 22 | | 2023.".
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