State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 002 ]
[ House Amendment 003 ][ Senate Amendment 001 ]




 1                    AMENDMENT TO SENATE BILL 1240

 2        AMENDMENT NO.     .  Amend Senate Bill 1240 on page 1, by
 3    replacing line 6 with the following:
 4    "and 27-24.11 as follows:"; and

 5    on page 1, line 9, by replacing "27-24.12"  with  "27-24.11";
 6    and

 7    on  page  1,  by  replacing  lines  12  through  30  with the
 8    following:

 9        "(105 ILCS 5/27-24.9 new)
10        Sec.   27-24.9.  Parent-directed   or   guardian-directed
11    driver education.
12        (a)  A parent or legal guardian  may  teach  his  or  her
13    child's driver education course if the parent or guardian:
14             (1)  is a licensed driver;
15             (2)  has   not  had  his  or  her  driver's  license
16        suspended within the past 5 years;
17             (3)  has never been convicted of driving  under  the
18        influence  of  alcohol, drugs, or intoxicating compounds,
19        leaving the  scene  of  an  accident  involving  personal
20        injury  or  death,  or  reckless  homicide  and has never
21        received a statutory summary suspension  of  his  or  her
22        driver's license; and
                            -2-            LRB9201722NTsbam02
 1             (4)  uses  a  parent-directed  or  guardian-directed
 2        driver  education  course  that  has been approved by the
 3        State Board of Education in accordance with this Section.
 4        (b)  Completion of a parent-directed or guardian-directed
 5    driver  education  course  approved  under  this  Section  is
 6    equivalent to completion of a school-based  driver  education
 7    course  approved by the State Board.  A student participating
 8    in a parent-directed or  guardian-directed  driver  education
 9    course approved by the State Board must meet the academic and
10    age  requirements for participating in driver education under
11    Section 27-24.2 of this Code. The  provider  of  an  approved
12    parent-directed  or guardian-directed driver education course
13    must, upon request, supply parents  and  guardians  with  the
14    forms  required  to  obtain  an  instruction permit under the
15    Illinois Vehicle Code.
16        (c)  A parent or guardian electing to teach  his  or  her
17    child's   driver  education  course  must  maintain  adequate
18    records to demonstrate that the approved  parent-directed  or
19    guardian-directed  driver  education course was completed and
20    must provide those records to the person or company providing
21    the course. The parent or guardian must supply  all  original
22    tests  from  each  lesson,  original  driver final evaluation
23    sheets from each lesson, and all original driving  logs  from
24    each  lesson  to  the person or company providing the course.
25    The parent or guardian must demonstrate proof of insurance to
26    the person or company providing the course.
27        (d)  A student  participating  in  a  parent-directed  or
28    guardian-directed driver education course must spend at least
29    30  hours  in  classroom instruction and 50 hours in practice
30    driving instruction, including at least 10 hours of nighttime
31    driving.
32        (e)  The State Board may not approve a parent-directed or
33    guardian-directed driver education course  unless  the  State
34    Board  determines  that  the  curriculum is at least equal to
                            -3-            LRB9201722NTsbam02
 1    that required  in  a  school-based  driver  education  course
 2    approved  by  the  State Board. The State Board, however, may
 3    not require that the classroom instruction be provided  in  a
 4    room  having  particular characteristics or equipment or that
 5    the motor vehicle used for the practice  driving  instruction
 6    have  equipment  other than the equipment required by law for
 7    operation on a highway.
 8        (f)  Before the State Board may approve a parent-directed
 9    or guardian-directed driver education course, the  person  or
10    company  offering the course must register with the Secretary
11    of  State  to  do  business  in  Illinois   and   must   have
12    professional  liability  insurance  in  the amount of no less
13    than $1,000,000, covering the course materials and person  or
14    company  being considered and extending coverage to a student
15    and his or her parent or  guardian  during  practice  driving
16    instruction.  The  insurance policy must include the State of
17    Illinois as an additional insured.
18        (g)  The Secretary of State  shall  supply  to  providers
19    with  approved  parent-directed  or  guardian-directed driver
20    education courses applications and other materials  necessary
21    for  obtaining  an  instruction  permit  under  the  Illinois
22    Vehicle  Code,  upon  the provider's request. The provider of
23    the course must maintain adequate records and,  upon  request
24    by  the  State  Board  or  the  Secretary  of  State, provide
25    documentation verifying compliance with this Section and  its
26    implementing rules.
27        (h)  The  State  Board, upon application accompanied by a
28    $500 fee, which shall be deposited in  the  Driver  Education
29    Fund  in  the  State  treasury,  is  authorized  to approve a
30    parent-directed or guardian-directed driver education  course
31    if  the course includes lessons teaching students the dangers
32    of drinking and driving and provides  step-wise,  systematic,
33    and   progressive   levels  of  instruction  with  concurrent
34    classroom  and  driving  instruction  that  meets  all  other
                            -4-            LRB9201722NTsbam02
 1    requirements of this Section. The course must have concurrent
 2    classroom and driving instruction, becoming more  complex  as
 3    the  student's skill levels and knowledge increase and moving
 4    from  simple  driving  decisions  to  more  complex   driving
 5    decisions  as  the  student masters skill levels.  The course
 6    must follow the following sequence:
 7             (1)  Students must be taught basic  State  laws  and
 8        rules regarding driving and the mechanical operation of a
 9        motor  vehicle.   Students shall fulfill all requirements
10        to receive their instruction permits under  the  Illinois
11        Vehicle Code.
12             (2)  Students  must  receive off-street instruction,
13        graduating to driving on low-volume, 2-lane  roads  at  a
14        maximum  speed  of  30  miles  per hour. Students must be
15        taught basic driving rules and how to  identify  possible
16        driving hazards.
17             (3)  Students  must  graduate  to driving on avenues
18        and boulevards at a maximum speed of 35 miles  per  hour.
19        Students  must be taught car control, lane positions, and
20        to focus on keeping the proper spacing around  the  motor
21        vehicle.
22             (4)  Students  must continue to practice and improve
23        their driving skills on avenues and boulevards.  Students
24        must  graduate  to  driving  on 4-lane roads with maximum
25        speed limits of 45 miles per hour,  while  continuing  to
26        focus  on proper lane positioning and lane use as well as
27        vehicle spacing.
28             (5)  Students  must  focus  on  the  importance   of
29        driving  at  safe  speeds  under all conditions. Students
30        must be instructed on how to  deal  with  emergency  road
31        situations.  Students  must  be  permitted  to  drive  in
32        downtown  traffic, on roads with a 45 mile per hour speed
33        limit,  and  learn  how  to  properly  park  their  motor
34        vehicles.
                            -5-            LRB9201722NTsbam02
 1             (6)  Students  must  learn  how  to  handle  driving
 2        emergencies, learning collision avoidance  techniques  to
 3        be  better  prepared  for  the unexpected.  Students must
 4        graduate to driving on the freeway.
 5             (7)  Students must focus on  thinking  and  behavior
 6        while  driving.   Students  must  learn  about automobile
 7        insurance,  protecting   themselves   and   their   motor
 8        vehicles,  and  security  measures  that  can  be  taken.
 9        Students  must  receive  a final evaluation that includes
10        freeway driving, city driving, rural driving, driving  on
11        busy  4-lane  roads,  and reversing, as applicable to the
12        student's environment. Upon passing the final evaluation,
13        the student shall qualify for certification of completion
14        of the course.
15        (i)  The  provider  of  an  approved  parent-directed  or
16    guardian-directed  driver   education   course   must   offer
17    technical   support  during  business  hours  Monday  through
18    Friday.  The curriculum must provide a midcourse check point.
19    At this point, all driving logs and classroom  work  must  be
20    reviewed  by  technical support to determine whether a parent
21    or  guardian  is  properly  teaching  the  course.   At   the
22    conclusion  of  the  course, the provider must certify to the
23    State  Board  whether  the  course  has   been   successfully
24    completed, including the total hours the student spent on the
25    course,  as evidenced by the records and affidavits submitted
26    by the parent  or  guardian.    Upon  notification  that  the
27    student  has  successfully  completed  the  course, the State
28    Board shall forward to the provider the  State  certification
29    of  completion  of  an  approved driver education course. The
30    provider shall forward the certification  to  the  parent  or
31    guardian.
32        (j)  The  State  Board  may  adopt any rules necessary to
33    implement this Section and shall make a listing  of  approved
34    parent-directed or guardian-directed driver education courses
                            -6-            LRB9201722NTsbam02
 1    available on its Internet web site.
 2        (k)  Nothing in this Section or Section 27-24.10 shall be
 3    construed  to  allow  a  school  to  subcontract  for  driver
 4    education.

 5        (105 ILCS 5/27-24.10 new)
 6        Sec.  27-24.10.  Compliance;  change  in  curriculum.   A
 7    person  or  company  providing an approved parent-directed or
 8    guardian-directed driver education course shall  comply  with
 9    all  provisions  of Sections 27-24.9 through 27-24.11 of this
10    Code  and  any  rules  adopted  under  those  Sections.   Any
11    proposed change in an approved curriculum shall be  submitted
12    to  the  State  Board  for  approval  before  the  change  is
13    implemented.  The  State Board must terminate the approval of
14    any parent-directed  or  guardian-directed  driver  education
15    course  that  is  not  in compliance with this Section or its
16    implementing rules.

17        (105 ILCS 5/27-24.11 new)
18        Sec. 27-24.11.  Penalty.  A person is guilty of a Class C
19    misdemeanor if he or she knowingly does any of the following:
20             (1)  Offers or provides to parents and  guardians  a
21        parent-directed  or  guardian-directed  driver  education
22        course that has not been approved by the State Board.
23             (2)  Provides  false  information to the State Board
24        in an application for approval of  a  parent-directed  or
25        guardian-directed driver education course.
26             (3)  Falsely    certifies   that   a   student   has
27        successfully    completed    a     parent-directed     or
28        guardian-directed driver education course.
29             (4)  Possesses  a  certificate  of  completion  of a
30        parent-directed  or  guardian-directed  driver  education
31        course that he or she is not authorized to possess.
32             (5)  Transfers a  certificate  of  completion  of  a
                            -7-            LRB9201722NTsbam02
 1        parent-directed  or  guardian-directed  driver  education
 2        course  to  a person who is not authorized to possess the
 3        certificate."; and

 4    by deleting pages 2 and 3; and

 5    on page 4, by deleting lines 1 through 8.

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