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| Public Act 103-0944 | ||||
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AN ACT concerning education. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The School Code is amended by changing Section | ||||
27-24.2 as follows: | ||||
(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | ||||
Sec. 27-24.2. Safety education; driver education course. | ||||
Instruction shall be given in safety education in each of | ||||
grades one through 8, equivalent to one class period each | ||||
week, and any school district which maintains grades 9 through | ||||
12 shall offer a driver education course in any such school | ||||
which it operates. Its curriculum shall include content | ||||
dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois | ||||
Vehicle Code, the rules adopted pursuant to those Chapters | ||||
insofar as they pertain to the operation of motor vehicles, | ||||
and the portions of the Litter Control Act relating to the | ||||
operation of motor vehicles. The course of instruction given | ||||
in grades 10 through 12 shall include an emphasis on the | ||||
development of knowledge, attitudes, habits, and skills | ||||
necessary for the safe operation of motor vehicles, including | ||||
motorcycles insofar as they can be taught in the classroom, | ||||
and instruction on distracted driving as a major traffic | ||||
safety issue. In addition, the course shall include | ||||
instruction on special hazards existing at and required safety | ||
and driving precautions that must be observed at emergency | ||
situations, highway construction and maintenance zones, | ||
including worker safety in highway construction and | ||
maintenance zones, and railroad crossings and the approaches | ||
thereto. Beginning with the 2017-2018 school year, the course | ||
shall also include instruction concerning law enforcement | ||
procedures for traffic stops, including a demonstration of the | ||
proper actions to be taken during a traffic stop and | ||
appropriate interactions with law enforcement. The course of | ||
instruction required of each eligible student at the high | ||
school level shall consist of a minimum of 30 clock hours of | ||
classroom instruction and a minimum of 6 clock hours of | ||
individual behind-the-wheel instruction in a dual control car | ||
on public roadways taught by a driver education instructor | ||
endorsed by the State Board of Education. A school district's | ||
decision to allow a student to take a portion of the driver | ||
education course through a distance learning program must be | ||
determined on a case-by-case basis and must be approved by the | ||
school's administration, including the student's driver | ||
education teacher, and the student's parent or guardian. Under | ||
no circumstances may the student take the entire driver | ||
education course through a distance learning program. Both the | ||
classroom instruction part and the practice driving part of a | ||
driver education course shall be open to a resident or | ||
non-resident student attending a non-public school in the | ||
district wherein the course is offered. Each student attending | ||
any public or non-public high school in the district must | ||
receive a passing grade in at least 8 courses during the | ||
previous 2 semesters prior to enrolling in a driver education | ||
course, or the student shall not be permitted to enroll in the | ||
course; provided that the local superintendent of schools | ||
(with respect to a student attending a public high school in | ||
the district) or chief school administrator (with respect to a | ||
student attending a non-public high school in the district) | ||
may waive the requirement if the superintendent or chief | ||
school administrator, as the case may be, deems it to be in the | ||
best interest of the student. A student may be allowed to | ||
commence the classroom instruction part of such driver | ||
education course prior to reaching age 15 if such student then | ||
will be eligible to complete the entire course within 12 | ||
months after being allowed to commence such classroom | ||
instruction. | ||
A school district may offer a driver education course in a | ||
school by contracting with a commercial driver training school | ||
to provide both the classroom instruction part and the | ||
practice driving part or either one without having to request | ||
a modification or waiver of administrative rules of the State | ||
Board of Education if the school district approves the action | ||
during a public hearing on whether to enter into a contract | ||
with a commercial driver training school. The public hearing | ||
shall be held at a regular or special school board meeting | ||
prior to entering into such a contract. If a school district | ||
chooses to approve a contract with a commercial driver | ||
training school, then the district must provide evidence to | ||
the State Board of Education that the commercial driver | ||
training school with which it will contract holds a license | ||
issued by the Secretary of State under Article IV of Chapter 6 | ||
of the Illinois Vehicle Code and that each instructor employed | ||
by the commercial driver training school to provide | ||
instruction to students served by the school district holds a | ||
valid teaching license issued under the requirements of this | ||
Code and rules of the State Board of Education. Such evidence | ||
must include, but need not be limited to, a list of each | ||
instructor assigned to teach students served by the school | ||
district, which list shall include the instructor's name, | ||
personal identification number as required by the State Board | ||
of Education, birth date, and driver's license number. Once | ||
the contract is entered into, the school district shall notify | ||
the State Board of Education of any changes in the personnel | ||
providing instruction either (i) within 15 calendar days after | ||
an instructor leaves the program or (ii) before a new | ||
instructor is hired. Such notification shall include the | ||
instructor's name, personal identification number as required | ||
by the State Board of Education, birth date, and driver's | ||
license number. If the school district maintains an Internet | ||
website, then the district shall post a copy of the final | ||
contract between the district and the commercial driver | ||
training school on the district's Internet website. If no | ||
Internet website exists, then the school district shall make | ||
available the contract upon request. A record of all materials | ||
in relation to the contract must be maintained by the school | ||
district and made available to parents and guardians upon | ||
request. The instructor's date of birth and driver's license | ||
number and any other personally identifying information as | ||
deemed by the federal Driver's Privacy Protection Act of 1994 | ||
must be redacted from any public materials. | ||
Such a course may be commenced immediately after the | ||
completion of a prior course. Teachers of such courses shall | ||
meet the licensure requirements of this Code and regulations | ||
of the State Board as to qualifications. Except for a contract | ||
with a Certified Driver Rehabilitation Specialist, a school | ||
district that contracts with a third party to teach a driver | ||
education course under this Section must ensure the teacher | ||
meets the educator licensure and endorsement requirements | ||
under Article 21B and must follow the same evaluation and | ||
observation requirements that apply to non-tenured teachers | ||
under Article 24A. The teacher evaluation must be conducted by | ||
a school administrator employed by the school district and | ||
must be submitted annually to the district superintendent and | ||
all school board members for oversight purposes. | ||
Subject to rules of the State Board of Education, the | ||
school district may charge a reasonable fee, not to exceed | ||
$50, to students who participate in the course, unless a | ||
student is unable to pay for such a course, in which event the | ||
fee for such a student must be waived. However, the district | ||
may increase this fee to an amount not to exceed $250 by school | ||
board resolution following a public hearing on the increase, | ||
which increased fee must be waived for students who | ||
participate in the course and are unable to pay for the course. | ||
The total amount from driver education fees and reimbursement | ||
from the State for driver education must not exceed the total | ||
cost of the driver education program in any year and must be | ||
deposited into the school district's driver education fund as | ||
a separate line item budget entry. All moneys deposited into | ||
the school district's driver education fund must be used | ||
solely for the funding of a high school driver education | ||
program approved by the State Board of Education that uses | ||
driver education instructors endorsed by the State Board of | ||
Education. | ||
(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; | ||
102-558, eff. 8-20-21.) | ||
Section 99. Effective date. This Act takes effect August | ||
1, 2024. | ||