Bill Amendment: IL SB0459 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2025-01-07 - Session Sine Die [SB0459 Detail]

Download: Illinois-2023-SB0459-Senate_Amendment_001.html

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Sen. Ram Villivalam

Filed: 3/21/2024

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AMENDMENT TO SENATE BILL 459
AMENDMENT NO. ______. Amend Senate Bill 459 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing
Sections 27-24.2, 27-24.4, and 27-24.5 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

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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, 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

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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

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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

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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.
Beginning with the 2024-2025 school year, a school
district that contracts with a commercial driver training
school to teach a driver education course under this Section
may not charge students fees associated with driver education.
All fees associated with driver education shall instead be
collected by the commercial driver training school.
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

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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

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Education.
(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19;
102-558, eff. 8-20-21.)
(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
Sec. 27-24.4. Reimbursement amount.
(a) Except as otherwise provided in Section 27-24.5, each
Each school district shall be entitled to reimbursement for
each student who finishes either the classroom instruction
part or the practice driving part of a driver education course
that meets the minimum requirements of this Act. Reimbursement
under this Act is payable from the Drivers Education Fund in
the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the State Board of Education, with the
exception of those funds necessary for administrative purposes
of the State Board of Education, shall be distributed in the
manner provided in this paragraph to school districts by the
State Board of Education for reimbursement of claims from the
previous school year. As soon as may be after each quarter of
the year, if moneys are available in the Drivers Education
Fund in the State treasury for payments under this Section,
the State Comptroller shall draw his or her warrants upon the
State Treasurer as directed by the State Board of Education.
The warrant for each quarter shall be in an amount equal to
one-fourth of the total amount to be distributed to school

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

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

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student who has repeated any part of the course more than once
or who did not meet the age requirements of this Act during the
period that the student was instructed in any part of the
drivers education course.
(c) A school district offering a driver education course
by contracting with a commercial driver training school under
Section 27-24.2 is not eligible to submit a claim for State
reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09.)