Bill Text: IL HB5464 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the School Boards Article of the School Code. In provisions concerning e-learning days, provides that a school or school district that offers e-learning days may not use any real property owned or leased by a school or school district to house migrants while students are not present at a school. Provides that a school or school district may not use an e-learning day to house migrants on any real property owned or leased by the school or school district due to a mandate by a unit of local government that the school or school district house migrants on any real property owned or leased by the school or school district.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2024-04-03 - Added Co-Sponsor Rep. Camille Y. Lilly [HB5464 Detail]
Download: Illinois-2023-HB5464-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 10-20.56 as follows:
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6 | (105 ILCS 5/10-20.56) | |||||||||||||||||||
7 | Sec. 10-20.56. E-learning days. | |||||||||||||||||||
8 | (a) The State Board of Education shall establish and | |||||||||||||||||||
9 | maintain, for implementation in school districts, a program | |||||||||||||||||||
10 | for use of electronic-learning (e-learning) days, as described | |||||||||||||||||||
11 | in this Section. School districts may utilize a program | |||||||||||||||||||
12 | approved under this Section for use during remote learning | |||||||||||||||||||
13 | days and blended remote learning days under Section 10-30 or | |||||||||||||||||||
14 | 34-18.66. | |||||||||||||||||||
15 | (b) The school board of a school district may, by | |||||||||||||||||||
16 | resolution, adopt a research-based program or research-based | |||||||||||||||||||
17 | programs for e-learning days district-wide that shall permit | |||||||||||||||||||
18 | student instruction to be received electronically while | |||||||||||||||||||
19 | students are not physically present in lieu of the district's | |||||||||||||||||||
20 | scheduled emergency days as required by Section 10-19 of this | |||||||||||||||||||
21 | Code or because a school was selected to be a polling place | |||||||||||||||||||
22 | under Section 11-4.1 of the Election Code. The research-based | |||||||||||||||||||
23 | program or programs may not exceed the minimum number of |
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1 | emergency days in the approved school calendar and must be | ||||||
2 | verified by the regional office of education or intermediate | ||||||
3 | service center for the school district on or before September | ||||||
4 | 1st annually to ensure access for all students. The regional | ||||||
5 | office of education or intermediate service center shall | ||||||
6 | ensure that the specific needs of all students are met, | ||||||
7 | including special education students and English learners, and | ||||||
8 | that all mandates are still met using the proposed | ||||||
9 | research-based program. The e-learning program may utilize the | ||||||
10 | Internet, telephones, texts, chat rooms, or other similar | ||||||
11 | means of electronic communication for instruction and | ||||||
12 | interaction between teachers and students that meet the needs | ||||||
13 | of all learners. The e-learning program shall address the | ||||||
14 | school district's responsibility to ensure that all teachers | ||||||
15 | and staff who may be involved in the provision of e-learning | ||||||
16 | have access to any and all hardware and software that may be | ||||||
17 | required for the program. If a proposed program does not | ||||||
18 | address this responsibility, the school district must propose | ||||||
19 | an alternate program. | ||||||
20 | (c) Before its adoption by a school board, the school | ||||||
21 | board must hold a public hearing on a school district's | ||||||
22 | initial proposal for an e-learning program or for renewal of | ||||||
23 | such a program, at a regular or special meeting of the school | ||||||
24 | board, in which the terms of the proposal must be | ||||||
25 | substantially presented and an opportunity for allowing public | ||||||
26 | comments must be provided. Notice of such public hearing must |
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1 | be provided at least 10 days prior to the hearing by: | ||||||
2 | (1) publication in a newspaper of general circulation | ||||||
3 | in the school district; | ||||||
4 | (2) written or electronic notice designed to reach the | ||||||
5 | parents or guardians of all students enrolled in the | ||||||
6 | school district; and | ||||||
7 | (3) written or electronic notice designed to reach any | ||||||
8 | exclusive collective bargaining representatives of school | ||||||
9 | district employees and all those employees not in a | ||||||
10 | collective bargaining unit. | ||||||
11 | (d) The regional office of education or intermediate | ||||||
12 | service center for the school district must timely verify that | ||||||
13 | a proposal for an e-learning program has met the requirements | ||||||
14 | specified in this Section and that the proposal contains | ||||||
15 | provisions designed to reasonably and practicably accomplish | ||||||
16 | the following: | ||||||
17 | (1) to ensure and verify at least 5 clock hours of | ||||||
18 | instruction or school work, as required under Section | ||||||
19 | 10-19.05, for each student participating in an e-learning | ||||||
20 | day; | ||||||
21 | (2) to ensure access from home or other appropriate | ||||||
22 | remote facility for all students participating, including | ||||||
23 | computers, the Internet, and other forms of electronic | ||||||
24 | communication that must be utilized in the proposed | ||||||
25 | program; | ||||||
26 | (2.5) to ensure that non-electronic materials are made |
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1 | available to students participating in the program who do | ||||||
2 | not have access to the required technology or to | ||||||
3 | participating teachers or students who are prevented from | ||||||
4 | accessing the required technology; | ||||||
5 | (3) to ensure appropriate learning opportunities for | ||||||
6 | students with special needs; | ||||||
7 | (4) to monitor and verify each student's electronic | ||||||
8 | participation; | ||||||
9 | (5) to address the extent to which student | ||||||
10 | participation is within the student's control as to the | ||||||
11 | time, pace, and means of learning; | ||||||
12 | (6) to provide effective notice to students and their | ||||||
13 | parents or guardians of the use of particular days for | ||||||
14 | e-learning; | ||||||
15 | (7) to provide staff and students with adequate | ||||||
16 | training for e-learning days' participation; | ||||||
17 | (8) to ensure an opportunity for any collective | ||||||
18 | bargaining negotiations with representatives of the school | ||||||
19 | district's employees that would be legally required, | ||||||
20 | including all classifications of school district employees | ||||||
21 | who are represented by collective bargaining agreements | ||||||
22 | and who would be affected in the event of an e-learning | ||||||
23 | day; | ||||||
24 | (9) to review and revise the program as implemented to | ||||||
25 | address difficulties confronted; and | ||||||
26 | (10) to ensure that the protocol regarding general |
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1 | expectations and responsibilities of the program is | ||||||
2 | communicated to teachers, staff, and students at least 30 | ||||||
3 | days prior to utilizing an e-learning day. | ||||||
4 | The school board's approval of a school district's initial | ||||||
5 | e-learning program and renewal of the e-learning program shall | ||||||
6 | be for a term of 3 years. | ||||||
7 | (d-5) A school district shall pay to its contractors who | ||||||
8 | provide educational support services to the district, | ||||||
9 | including, but not limited to, custodial, transportation, or | ||||||
10 | food service providers, their daily, regular rate of pay or | ||||||
11 | billings rendered for any e-learning day that is used because | ||||||
12 | a school was selected to be a polling place under Section | ||||||
13 | 11-4.1 of the Election Code, except that this requirement does | ||||||
14 | not apply to contractors who are paid under contracts that are | ||||||
15 | entered into, amended, or renewed on or after March 15, 2022 or | ||||||
16 | to contracts that otherwise address compensation for such | ||||||
17 | e-learning days. | ||||||
18 | (d-10) A school district shall pay to its employees who | ||||||
19 | provide educational support services to the district, | ||||||
20 | including, but not limited to, custodial employees, building | ||||||
21 | maintenance employees, transportation employees, food service | ||||||
22 | providers, classroom assistants, or administrative staff, | ||||||
23 | their daily, regular rate of pay and benefits rendered for any | ||||||
24 | school closure or e-learning day if the closure precludes them | ||||||
25 | from performing their regularly scheduled duties and the | ||||||
26 | employee would have reported for work but for the closure, |
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1 | except this requirement does not apply if the day is | ||||||
2 | rescheduled and the employee will be paid their daily, regular | ||||||
3 | rate of pay and benefits for the rescheduled day when services | ||||||
4 | are rendered. | ||||||
5 | (d-15) A school district shall make full payment that | ||||||
6 | would have otherwise been paid to its contractors who provide | ||||||
7 | educational support services to the district, including, but | ||||||
8 | not limited to, custodial, building maintenance, | ||||||
9 | transportation, food service providers, classroom assistants, | ||||||
10 | or administrative staff, their daily, regular rate of pay and | ||||||
11 | benefits rendered for any school closure or e-learning day if | ||||||
12 | any closure precludes them from performing their regularly | ||||||
13 | scheduled duties and employees would have reported for work | ||||||
14 | but for the closure. The employees who provide the support | ||||||
15 | services covered by such contracts shall be paid their daily | ||||||
16 | bid package rates and benefits as defined by their local | ||||||
17 | operating agreements or collective bargaining agreements, | ||||||
18 | except this requirement does not apply if the day is | ||||||
19 | rescheduled and the employee will be paid their daily, regular | ||||||
20 | rate of pay and benefits for the rescheduled day when services | ||||||
21 | are rendered. | ||||||
22 | (d-20) A school district shall make full payment or | ||||||
23 | reimbursement to an employee or contractor as specified in | ||||||
24 | subsection (d-10) or (d-15) of this Section for any school | ||||||
25 | closure or e-learning day in the 2021-2022 school year that | ||||||
26 | occurred prior to April 5, 2022 ( the effective date of Public |
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1 | Act 102-647) this amendatory Act of the 102nd General Assembly | ||||||
2 | if the employee or contractor did not receive pay or was | ||||||
3 | required to use earned paid time off, except this requirement | ||||||
4 | does not apply if the day is rescheduled and the employee will | ||||||
5 | be paid their daily, regular rate of pay and benefits for the | ||||||
6 | rescheduled day when services are rendered. | ||||||
7 | (d-25) A school or school district that offers e-learning | ||||||
8 | days may not use any real property owned or leased by a school | ||||||
9 | or school district to house migrants while students are not | ||||||
10 | present at a school. | ||||||
11 | (d-30) A school or school district may not utilize a | ||||||
12 | e-learning day to house migrants on any real property owned or | ||||||
13 | leased by the school or school district due to a mandate by a | ||||||
14 | unit of local government that the school or school district | ||||||
15 | house migrants on any real property owned or leased by the | ||||||
16 | school or school district. | ||||||
17 | (e) The State Board of Education may adopt rules | ||||||
18 | consistent with the provision of this Section. | ||||||
19 | (f) For purposes of subsections (d-10), (d-15), and | ||||||
20 | (d-20) of this Section: | ||||||
21 | "Employee" means anyone employed by a school district on | ||||||
22 | or after the effective date of this amendatory Act of the 102nd | ||||||
23 | General Assembly. | ||||||
24 | "School district" includes charter schools established | ||||||
25 | under Article 27A of this Code, but does not include the | ||||||
26 | Department of Juvenile Justice School District. |
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