Bill Text: IL SB0309 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. If the Governor has declared a disaster due to a public health emergency, requires the Department of Public Health to establish metrics for school districts and public institutions of higher education to use during the public health emergency in determining if the district or institution may safely conduct in-person instruction or if the district or institution must implement remote learning or blended remote learning to keep students and staff safe. Provides that the metrics shall be enforced by the Department, in cooperation with the State Board of Education and the Board of Higher Education. Requires the Department, the State Board of Education, and the Board of Higher Education to follow all guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as it pertains to schools and institutions of higher education during the public health emergency. Provides that the Department shall be responsible for providing rapid COVID-19 testing in public schools and public institutions of higher education. Amends the School Code and the Board of Higher Education Act. Requires school districts and public institutions of higher education to grant paid sick leave to their employees if they contract the illness for which the public health emergency was declared. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0309 Detail]

Download: Illinois-2021-SB0309-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0309 Introduced 2/19/2021, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
20 ILCS 2310/2310-705 new
105 ILCS 5/24-6
105 ILCS 5/34-18.67 new
110 ILCS 205/9.40 new
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. If the Governor has declared a disaster due to a public health emergency, requires the Department of Public Health to establish metrics for school districts and public institutions of higher education to use during the public health emergency in determining if the district or institution may safely conduct in-person instruction or if the district or institution must implement remote learning or blended remote learning to keep students and staff safe. Provides that the metrics shall be enforced by the Department, in cooperation with the State Board of Education and the Board of Higher Education. Requires the Department, the State Board of Education, and the Board of Higher Education to follow all guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as it pertains to schools and institutions of higher education during the public health emergency. Provides that the Department shall be responsible for providing rapid COVID-19 testing in public schools and public institutions of higher education. Amends the School Code and the Board of Higher Education Act. Requires school districts and public institutions of higher education to grant paid sick leave to their employees if they contract the illness for which the public health emergency was declared. Effective immediately.
LRB102 10542 CMG 15871 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB0309 LRB102 10542 CMG 15871 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-705 as follows:
(20 ILCS 2310/2310-705 new)
Sec. 2310-705. Public health emergency; schools and
institutions of higher education.
(a) This Section applies if the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act.
(b) The Department shall establish metrics for school
districts and public institutions of higher education to use
during the public health emergency in determining if the
district or institution may safely conduct in-person
instruction or if the district or institution must implement
remote learning or blended remote learning to keep students
and staff safe.
The metrics shall be regularly updated based on available
information.
The Department shall post the metrics and any updates on
its Internet website.

SB0309 - 2 - LRB102 10542 CMG 15871 b
The metrics shall be enforced by the Department, in
cooperation with the State Board of Education with respect to
school districts and the Board of Higher Education with
respect to public institutions of higher education.
(c) The Department, the State Board of Education, and the
Board of Higher Education shall follow all guidelines of the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services as it pertains
to schools and institutions of higher education during the
public health emergency.
(d) The Department shall be responsible for providing
rapid COVID-19 testing in public schools and public
institutions of higher education so infected students and
staff can be identified before they spread the virus.
Section 10. The School Code is amended by changing Section
24-6 and by adding Section 34-18.67 as follows:
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to
participate in the Illinois Municipal Retirement Fund under
the "600-Hour Standard" established, or under such other

SB0309 - 3 - LRB102 10542 CMG 15871 b
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused
amount shall be allowed to accumulate to a minimum available
leave of 180 days at full pay, including the leave of the
current year. Sick leave shall be interpreted to mean personal
illness, quarantine at home, serious illness or death in the
immediate family or household, or birth, adoption, or
placement for adoption. The school board may require a
certificate from a physician licensed in Illinois to practice
medicine and surgery in all its branches, a chiropractic
physician licensed under the Medical Practice Act of 1987, a
licensed advanced practice registered nurse, a licensed
physician assistant, or, if the treatment is by prayer or
spiritual means, a spiritual adviser or practitioner of the
teacher's or employee's faith as a basis for pay during leave
after an absence of 3 days for personal illness or 30 days for
birth or as the school board may deem necessary in other cases.
If the school board does require a certificate as a basis for
pay during leave of less than 3 days for personal illness, the
school board shall pay, from school funds, the expenses
incurred by the teachers or other employees in obtaining the

SB0309 - 4 - LRB102 10542 CMG 15871 b
certificate. For paid leave for adoption or placement for
adoption, the school board may require that the teacher or
other employee provide evidence that the formal adoption
process is underway, and such leave is limited to 30 days
unless a longer leave has been negotiated with the exclusive
bargaining representative.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
Notwithstanding any other provision of this Section or any
other law to the contrary, if the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act, a school
district shall grant its employees paid sick leave if they
contract the illness for which the public health emergency was
declared by the Governor.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(105 ILCS 5/34-18.67 new)

SB0309 - 5 - LRB102 10542 CMG 15871 b
Sec. 34-18.67. Public health emergency; sick leave.
Notwithstanding any other law to the contrary, if the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the school district shall grant its employees paid
sick leave if they contract the illness for which the public
health emergency was declared by the Governor.
Section 15. The Board of Higher Education Act is amended
by adding Section 9.40 as follows:
(110 ILCS 205/9.40 new)
Sec. 9.40. Public health emergency; sick leave.
Notwithstanding any other law to the contrary, if the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the Board shall require public institutions of
higher education to grant their employees paid sick leave if
they contract the illness for which the public health
emergency was declared by the Governor.
Section 99. Effective date. This Act takes effect upon
becoming law.