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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Sections
5		10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66
6		and by adding Sections 10-31 and 34-18.82 as follows:
7		(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
8		Sec. 10-19. Length of school term - experimental programs.
9		Each school board shall annually prepare a calendar for the
10		school term, specifying the opening and closing dates and
11		providing a minimum term of at least 185 days to insure 176
12		days of actual pupil attendance, computable under Section
13		10-19.05, except that for the 1980-1981 school year only 175
14		days of actual pupil attendance shall be required because of
15		the closing of schools pursuant to Section 24-2 on January 29,
16		1981 upon the appointment by the President of that day as a day
17		of thanksgiving for the freedom of the Americans who had been
18		held hostage in Iran. Any days allowed by law for teachers'
19		institutes but not used as such or used as parental institutes
20		as provided in Section 10-22.18d shall increase the minimum
21		term by the school days not so used. Except as provided in
22		Section 10-19.1, the board may not extend the school term
23		beyond such closing date unless that extension of term is

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1		necessary to provide the minimum number of computable days. In
2		case of such necessary extension school employees shall be
3		paid for such additional time on the basis of their regular
4		contracts. A school board may specify a closing date earlier
5		than that set on the annual calendar when the schools of the
6		district have provided the minimum number of computable days
7		under this Section. Nothing in this Section prevents the board
8		from employing superintendents of schools, principals and
9		other nonteaching personnel for a period of 12 months, or in
10		the case of superintendents for a period in accordance with
11		Section 10-23.8, or prevents the board from employing other
12		personnel before or after the regular school term with payment
13		of salary proportionate to that received for comparable work
14		during the school term. Remote learning days, blended remote
15		learning days, and up to 5 remote and blended remote learning
16		planning days established under Section 10-30 or 34-18.66 or
17		remote learning days established under Section 10-31 or
18		34-18.82 shall be deemed pupil attendance days for calculation
19		of the length of a school term under this Section.
20		A school board may make such changes in its calendar for
21		the school term as may be required by any changes in the legal
22		school holidays prescribed in Section 24-2. A school board may
23		make changes in its calendar for the school term as may be
24		necessary to reflect the utilization of teachers' institute
25		days as parental institute days as provided in Section
26		10-22.18d.

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1		The calendar for the school term and any changes must be
2		submitted to and approved by the regional superintendent of
3		schools before the calendar or changes may take effect.
4		With the prior approval of the State Board of Education
5		and subject to review by the State Board of Education every 3
6		years, any school board may, by resolution of its board and in
7		agreement with affected exclusive collective bargaining
8		agents, establish experimental educational programs, including
9		but not limited to programs for e-learning days as authorized
10		under Section 10-20.56 of this Code, self-directed learning,
11		or outside of formal class periods, which programs when so
12		approved shall be considered to comply with the requirements
13		of this Section as respects numbers of days of actual pupil
14		attendance and with the other requirements of this Act as
15		respects courses of instruction.
16		(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
17		101-643, eff. 6-18-20.)
18		(105 ILCS 5/10-19.05)
19		Sec. 10-19.05. Daily pupil attendance calculation.
20		(a) Except as otherwise provided in this Section, for a
21		pupil of legal school age and in kindergarten or any of grades
22		1 through 12, a day of attendance shall be counted only for
23		sessions of not less than 5 clock hours of school work per day
24		under direct supervision of (i) teachers or (ii) non-teaching
25		personnel or volunteer personnel when engaging in non-teaching

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1		duties and supervising in those instances specified in
2		subsection (a) of Section 10-22.34 and paragraph 10 of Section
3		34-18. Days of attendance by pupils through verified
4		participation in an e-learning program adopted by a school
5		board and verified by the regional office of education or
6		intermediate service center for the school district under
7		Section 10-20.56 of this Code, a remote and blended remote
8		learning day plan under Section 10-30 or 34-18.66 of this
9		Code, or a remote learning plan under Section 10-31 or
10		34-18.82 of this Code shall be considered as full days of
11		attendance under this Section.
12		(b) A pupil regularly enrolled in a public school for only
13		a part of the school day may be counted on the basis of
14		one-sixth of a school day for every class hour of instruction
15		of 40 minutes or more attended pursuant to such enrollment,
16		unless a pupil is enrolled in a block-schedule format of 80
17		minutes or more of instruction, in which case the pupil may be
18		counted on the basis of the proportion of minutes of school
19		work completed each day to the minimum number of minutes that
20		school work is required to be held that day.
21		(c) A session of 4 or more clock hours may be counted as a
22		day of attendance upon certification by the regional
23		superintendent of schools and approval by the State
24		Superintendent of Education to the extent that the district
25		has been forced to use daily multiple sessions.
26		(d) A session of 3 or more clock hours may be counted as a

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1		day of attendance (1) when the remainder of the school day or
2		at least 2 hours in the evening of that day is utilized for an
3		in-service training program for teachers, up to a maximum of
4		10 days per school year, provided that a district conducts an
5		in-service training program for teachers in accordance with
6		Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
7		full days may be used, in which event each such day may be
8		counted as a day required for a legal school calendar pursuant
9		to Section 10-19 of this Code; (2) when, of the 5 days allowed
10		under item (1), a maximum of 4 days are used for parent-teacher
11		conferences, or, in lieu of 4 such days, 2 full days are used,
12		in which case each such day may be counted as a calendar day
13		required under Section 10-19 of this Code, provided that the
14		full-day, parent-teacher conference consists of (i) a minimum
15		of 5 clock hours of parent-teacher conferences, (ii) both a
16		minimum of 2 clock hours of parent-teacher conferences held in
17		the evening following a full day of student attendance and a
18		minimum of 3 clock hours of parent-teacher conferences held on
19		the day immediately following evening parent-teacher
20		conferences, or (iii) multiple parent-teacher conferences held
21		in the evenings following full days of student attendance in
22		which the time used for the parent-teacher conferences is
23		equivalent to a minimum of 5 clock hours; and (3) when days in
24		addition to those provided in items (1) and (2) are scheduled
25		by a school pursuant to its school improvement plan adopted
26		under Article 34 or its revised or amended school improvement

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1		plan adopted under Article 2, provided that (i) such sessions
2		of 3 or more clock hours are scheduled to occur at regular
3		intervals, (ii) the remainder of the school days in which such
4		sessions occur are utilized for in-service training programs
5		or other staff development activities for teachers, and (iii)
6		a sufficient number of minutes of school work under the direct
7		supervision of teachers are added to the school days between
8		such regularly scheduled sessions to accumulate not less than
9		the number of minutes by which such sessions of 3 or more clock
10		hours fall short of 5 clock hours. Days scheduled for
11		in-service training programs, staff development activities, or
12		parent-teacher conferences may be scheduled separately for
13		different grade levels and different attendance centers of the
14		district.
15		(e) A session of not less than one clock hour of teaching
16		hospitalized or homebound pupils on-site or by telephone to
17		the classroom may be counted as a half day of attendance;
18		however, these pupils must receive 4 or more clock hours of
19		instruction to be counted for a full day of attendance.
20		(f) A session of at least 4 clock hours may be counted as a
21		day of attendance for first grade pupils and pupils in
22		full-day kindergartens, and a session of 2 or more hours may be
23		counted as a half day of attendance by pupils in kindergartens
24		that provide only half days of attendance.
25		(g) For children with disabilities who are below the age
26		of 6 years and who cannot attend 2 or more clock hours because

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1		of their disability or immaturity, a session of not less than
2		one clock hour may be counted as a half day of attendance;
3		however, for such children whose educational needs require a
4		session of 4 or more clock hours, a session of at least 4 clock
5		hours may be counted as a full day of attendance.
6		(h) A recognized kindergarten that provides for only a
7		half day of attendance by each pupil shall not have more than
8		one half day of attendance counted in any one day. However,
9		kindergartens may count 2 and a half days of attendance in any
10		5 consecutive school days. When a pupil attends such a
11		kindergarten for 2 half days on any one school day, the pupil
12		shall have the following day as a day absent from school,
13		unless the school district obtains permission in writing from
14		the State Superintendent of Education. Attendance at
15		kindergartens that provide for a full day of attendance by
16		each pupil shall be counted the same as attendance by first
17		grade pupils. Only the first year of attendance in one
18		kindergarten shall be counted, except in the case of children
19		who entered the kindergarten in their fifth year whose
20		educational development requires a second year of kindergarten
21		as determined under rules of the State Board of Education.
22		(i) On the days when the State's final accountability
23		assessment is administered under subsection (c) of Section
24		2-3.64a-5 of this Code, the day of attendance for a pupil whose
25		school day must be shortened to accommodate required testing
26		procedures may be less than 5 clock hours and shall be counted

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1		toward the 176 days of actual pupil attendance required under
2		Section 10-19 of this Code, provided that a sufficient number
3		of minutes of school work in excess of 5 clock hours are first
4		completed on other school days to compensate for the loss of
5		school work on the examination days.
6		(j) Pupils enrolled in a remote educational program
7		established under Section 10-29 of this Code may be counted on
8		the basis of a one-fifth day of attendance for every clock hour
9		of instruction attended in the remote educational program,
10		provided that, in any month, the school district may not claim
11		for a student enrolled in a remote educational program more
12		days of attendance than the maximum number of days of
13		attendance the district can claim (i) for students enrolled in
14		a building holding year-round classes if the student is
15		classified as participating in the remote educational program
16		on a year-round schedule or (ii) for students enrolled in a
17		building not holding year-round classes if the student is not
18		classified as participating in the remote educational program
19		on a year-round schedule.
20		(j-5) The clock hour requirements of subsections (a)
21		through (j) of this Section do not apply if the Governor has
22		declared a disaster due to a public health emergency pursuant
23		to Section 7 of the Illinois Emergency Management Agency Act.
24		The State Superintendent of Education may establish minimum
25		clock hour requirements under Sections 10-30 and 34-18.66 if
26		the Governor has declared a disaster due to a public health

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1		emergency pursuant to Section 7 of the Illinois Emergency
2		Management Agency Act.
3		(k) Pupil participation in any of the following activities
4		shall be counted toward the calculation of clock hours of
5		school work per day:
6		(1) Instruction in a college course in which a student
7		is dually enrolled for both high school credit and college
8		credit.
9		(2) Participation in a Supervised Career Development
10		Experience, as defined in Section 10 of the Postsecondary
11		and Workforce Readiness Act, in which student
12		participation and learning outcomes are supervised by an
13		educator licensed under Article 21B.
14		(3) Participation in a youth apprenticeship, as
15		jointly defined in rules of the State Board of Education
16		and Department of Commerce and Economic Opportunity, in
17		which student participation and outcomes are supervised by
18		an educator licensed under Article 21B.
19		(4) Participation in a blended learning program
20		approved by the school district in which course content,
21		student evaluation, and instructional methods are
22		supervised by an educator licensed under Article 21B.
23		(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
24		(105 ILCS 5/10-20.56)
25		Sec. 10-20.56. E-learning days.

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1		(a) The State Board of Education shall establish and
2		maintain, for implementation in school districts, a program
3		for use of electronic-learning (e-learning) days, as described
4		in this Section. School districts may utilize a program
5		approved under this Section for use during remote learning
6		days and blended remote learning days under Section 10-30 or
7		34-18.66.
8		(b) The school board of a school district may, by
9		resolution, adopt a research-based program or research-based
10		programs for e-learning days district-wide that shall permit
11		student instruction to be received electronically while
12		students are not physically present in lieu of the district's
13		scheduled emergency days as required by Section 10-19 of this
14		Code or because a school was selected to be a polling place
15		under Section 11-4.1 of the Election Code. The research-based
16		program or programs may not exceed the minimum number of
17		emergency days in the approved school calendar and must be
18		verified by the regional office of education or intermediate
19		service center for the school district on or before September
20		1st annually to ensure access for all students. The regional
21		office of education or intermediate service center shall
22		ensure that the specific needs of all students are met,
23		including special education students and English learners, and
24		that all mandates are still met using the proposed
25		research-based program. The e-learning program may utilize the
26		Internet, telephones, texts, chat rooms, or other similar

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1		means of electronic communication for instruction and
2		interaction between teachers and students that meet the needs
3		of all learners. The e-learning program shall address the
4		school district's responsibility to ensure that all teachers
5		and staff who may be involved in the provision of e-learning
6		have access to any and all hardware and software that may be
7		required for the program. If a proposed program does not
8		address this responsibility, the school district must propose
9		an alternate program.
10		(c) Before its adoption by a school board, the school
11		board must hold a public hearing on a school district's
12		initial proposal for an e-learning program or for renewal of
13		such a program, at a regular or special meeting of the school
14		board, in which the terms of the proposal must be
15		substantially presented and an opportunity for allowing public
16		comments must be provided. Notice of such public hearing must
17		be provided at least 10 days prior to the hearing by:
18		(1) publication in a newspaper of general circulation
19		in the school district;
20		(2) written or electronic notice designed to reach the
21		parents or guardians of all students enrolled in the
22		school district; and
23		(3) written or electronic notice designed to reach any
24		exclusive collective bargaining representatives of school
25		district employees and all those employees not in a
26		collective bargaining unit.

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1		(d) The regional office of education or intermediate
2		service center for the school district must timely verify that
3		a proposal for an e-learning program has met the requirements
4		specified in this Section and that the proposal contains
5		provisions designed to reasonably and practicably accomplish
6		the following:
7		(1) to ensure and verify at least 5 clock hours of
8		instruction or school work, as required under Section
9		10-19.05, for each student participating in an e-learning
10		day;
11		(2) to ensure access from home or other appropriate
12		remote facility for all students participating, including
13		computers, the Internet, and other forms of electronic
14		communication that must be utilized in the proposed
15		program;
16		(2.5) to ensure that non-electronic materials are made
17		available to students participating in the program who do
18		not have access to the required technology or to
19		participating teachers or students who are prevented from
20		accessing the required technology;
21		(3) to ensure appropriate learning opportunities for
22		students with special needs;
23		(4) to monitor and verify each student's electronic
24		participation;
25		(5) to address the extent to which student
26		participation is within the student's control as to the

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1		time, pace, and means of learning;
2		(6) to provide effective notice to students and their
3		parents or guardians of the use of particular days for
4		e-learning;
5		(7) to provide staff and students with adequate
6		training for e-learning days' participation;
7		(8) to ensure an opportunity for any collective
8		bargaining negotiations with representatives of the school
9		district's employees that would be legally required,
10		including all classifications of school district employees
11		who are represented by collective bargaining agreements
12		and who would be affected in the event of an e-learning
13		day;
14		(9) to review and revise the program as implemented to
15		address difficulties confronted; and
16		(10) to ensure that the protocol regarding general
17		expectations and responsibilities of the program is
18		communicated to teachers, staff, and students at least 30
19		days prior to utilizing an e-learning day.
20		The school board's approval of a school district's initial
21		e-learning program and renewal of the e-learning program shall
22		be for a term of 3 years. Any e-learning program adopted or
23		renewed before the effective date of this amendatory Act of
24		the 103rd General Assembly may continue until the expiration
25		of its term, at which time the school district shall implement
26		remote learning days under Section 10-31 or Section 34-18.82

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1		of this Code rather than an e-learning program under this
2		Section.
3		(d-5) A school district shall pay to its contractors who
4		provide educational support services to the district,
5		including, but not limited to, custodial, transportation, or
6		food service providers, their daily, regular rate of pay or
7		billings rendered for any e-learning day that is used because
8		a school was selected to be a polling place under Section
9		11-4.1 of the Election Code, except that this requirement does
10		not apply to contractors who are paid under contracts that are
11		entered into, amended, or renewed on or after March 15, 2022 or
12		to contracts that otherwise address compensation for such
13		e-learning days.
14		(d-10) A school district shall pay to its employees who
15		provide educational support services to the district,
16		including, but not limited to, custodial employees, building
17		maintenance employees, transportation employees, food service
18		providers, classroom assistants, or administrative staff,
19		their daily, regular rate of pay and benefits rendered for any
20		school closure or e-learning day if the closure precludes them
21		from performing their regularly scheduled duties and the
22		employee would have reported for work but for the closure,
23		except this requirement does not apply if the day is
24		rescheduled and the employee will be paid their daily, regular
25		rate of pay and benefits for the rescheduled day when services
26		are rendered.

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1		(d-15) A school district shall make full payment that
2		would have otherwise been paid to its contractors who provide
3		educational support services to the district, including, but
4		not limited to, custodial, building maintenance,
5		transportation, food service providers, classroom assistants,
6		or administrative staff, their daily, regular rate of pay and
7		benefits rendered for any school closure or e-learning day if
8		any closure precludes them from performing their regularly
9		scheduled duties and employees would have reported for work
10		but for the closure. The employees who provide the support
11		services covered by such contracts shall be paid their daily
12		bid package rates and benefits as defined by their local
13		operating agreements or collective bargaining agreements,
14		except this requirement does not apply if the day is
15		rescheduled and the employee will be paid their daily, regular
16		rate of pay and benefits for the rescheduled day when services
17		are rendered.
18		(d-20) A school district shall make full payment or
19		reimbursement to an employee or contractor as specified in
20		subsection (d-10) or (d-15) of this Section for any school
21		closure or e-learning day in the 2021-2022 school year that
22		occurred prior to the effective date of this amendatory Act of
23		the 102nd General Assembly if the employee or contractor did
24		not receive pay or was required to use earned paid time off,
25		except this requirement does not apply if the day is
26		rescheduled and the employee will be paid their daily, regular

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1		rate of pay and benefits for the rescheduled day when services
2		are rendered.
3		(e) The State Board of Education may adopt rules
4		consistent with the provision of this Section.
5		(f) For purposes of subsections (d-10), (d-15), and (d-20)
6		of this Section:
7		"Employee" means anyone employed by a school district on
8		or after the effective date of this amendatory Act of the 102nd
9		General Assembly.
10		"School district" includes charter schools established
11		under Article 27A of this Code, but does not include the
12		Department of Juvenile Justice School District.
13		(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
14		102-584, eff. 6-1-22; 102-697, eff. 4-5-22.)
15		(105 ILCS 5/10-29)
16		Sec. 10-29. Remote educational programs.
17		(a) For purposes of this Section, "remote educational
18		program" means an educational program delivered to students in
19		the home or other location outside of a school building that
20		meets all of the following criteria:
21		(1) A student may participate in the program only
22		after the school district, pursuant to adopted school
23		board policy, and a person authorized to enroll the
24		student under Section 10-20.12b of this Code determine
25		that a remote educational program will best serve the

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1		student's individual learning needs. The adopted school
2		board policy shall include, but not be limited to, all of
3		the following:
4		(A) Criteria for determining that a remote
5		educational program will best serve a student's
6		individual learning needs. The criteria must include
7		consideration of, at a minimum, a student's prior
8		attendance, disciplinary record, and academic history.
9		(B) Any limitations on the number of students or
10		grade levels that may participate in a remote
11		educational program.
12		(C) A description of the process that the school
13		district will use to approve participation in the
14		remote educational program. The process must include
15		without limitation a requirement that, for any student
16		who qualifies to receive services pursuant to the
17		federal Individuals with Disabilities Education
18		Improvement Act of 2004, the student's participation
19		in a remote educational program receive prior approval
20		from the student's individualized education program
21		team.
22		(D) A description of the process the school
23		district will use to develop and approve a written
24		remote educational plan that meets the requirements of
25		subdivision (5) of this subsection (a).
26		(E) A description of the system the school

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1		district will establish to determine student
2		participation in instruction in accordance with the
3		remote educational program.
4		(F) A description of the process for renewing a
5		remote educational program at the expiration of its
6		term.
7		(G) Such other terms and provisions as the school
8		district deems necessary to provide for the
9		establishment and delivery of a remote educational
10		program.
11		(2) The school district has determined that the remote
12		educational program's curriculum is aligned to State
13		learning standards and that the program offers instruction
14		and educational experiences consistent with those given to
15		students at the same grade level in the district.
16		(3) The remote educational program is delivered by
17		instructors that meet the following qualifications:
18		(A) they are licensed under Article 21B of this
19		Code;
20		(B) (blank); and
21		(C) they have responsibility for all of the
22		following elements of the program: planning
23		instruction, diagnosing learning needs, prescribing
24		content delivery through class activities, assessing
25		learning, reporting outcomes to administrators and
26		parents and guardians, and evaluating the effects of

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1		instruction.
2		(4) During the period of time from and including the
3		opening date to the closing date of the regular school
4		term of the school district established pursuant to
5		Section 10-19 of this Code, participation in a remote
6		educational program may be claimed for evidence-based
7		funding purposes under Section 18-8.15 of this Code on any
8		calendar day, notwithstanding whether the day is a day of
9		pupil attendance or institute day on the school district's
10		calendar or any other provision of law restricting
11		instruction on that day. If the district holds year-round
12		classes in some buildings, the district shall classify
13		each student's participation in a remote educational
14		program as either on a year-round or a non-year-round
15		schedule for purposes of claiming evidence-based funding.
16		Outside of the regular school term of the district, the
17		remote educational program may be offered as part of any
18		summer school program authorized by this Code.
19		(5) Each student participating in a remote educational
20		program must have a written remote educational plan that
21		has been approved by the school district and a person
22		authorized to enroll the student under Section 10-20.12b
23		of this Code. The school district and a person authorized
24		to enroll the student under Section 10-20.12b of this Code
25		must approve any amendment to a remote educational plan.
26		The remote educational plan must include, but is not

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1		limited to, all of the following:
2		(A) Specific achievement goals for the student
3		aligned to State learning standards.
4		(B) A description of all assessments that will be
5		used to measure student progress, which description
6		shall indicate the assessments that will be
7		administered at an attendance center within the school
8		district.
9		(C) A description of the progress reports that
10		will be provided to the school district and the person
11		or persons authorized to enroll the student under
12		Section 10-20.12b of this Code.
13		(D) Expectations, processes, and schedules for
14		interaction between a teacher and student.
15		(E) A description of the specific responsibilities
16		of the student's family and the school district with
17		respect to equipment, materials, phone and Internet
18		service, and any other requirements applicable to the
19		home or other location outside of a school building
20		necessary for the delivery of the remote educational
21		program.
22		(F) If applicable, a description of how the remote
23		educational program will be delivered in a manner
24		consistent with the student's individualized education
25		program required by Section 614(d) of the federal
26		Individuals with Disabilities Education Improvement

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1		Act of 2004 or plan to ensure compliance with Section
2		504 of the federal Rehabilitation Act of 1973.
3		(G) A description of the procedures and
4		opportunities for participation in academic and
5		extracurricular activities and programs within the
6		school district.
7		(H) The identification of a parent, guardian, or
8		other responsible adult who will provide direct
9		supervision of the program. The plan must include an
10		acknowledgment by the parent, guardian, or other
11		responsible adult that he or she may engage only in
12		non-teaching duties not requiring instructional
13		judgment or the evaluation of a student. The plan
14		shall designate the parent, guardian, or other
15		responsible adult as non-teaching personnel or
16		volunteer personnel under subsection (a) of Section
17		10-22.34 of this Code.
18		(I) The identification of a school district
19		administrator who will oversee the remote educational
20		program on behalf of the school district and who may be
21		contacted by the student's parents with respect to any
22		issues or concerns with the program.
23		(J) The term of the student's participation in the
24		remote educational program, which may not extend for
25		longer than 12 months, unless the term is renewed by
26		the district in accordance with subdivision (7) of

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1		this subsection (a).
2		(K) A description of the specific location or
3		locations in which the program will be delivered. If
4		the remote educational program is to be delivered to a
5		student in any location other than the student's home,
6		the plan must include a written determination by the
7		school district that the location will provide a
8		learning environment appropriate for the delivery of
9		the program. The location or locations in which the
10		program will be delivered shall be deemed a long
11		distance teaching reception area under subsection (a)
12		of Section 10-22.34 of this Code.
13		(L) Certification by the school district that the
14		plan meets all other requirements of this Section.
15		(6) Students participating in a remote educational
16		program must be enrolled in a school district attendance
17		center pursuant to the school district's enrollment policy
18		or policies. A student participating in a remote
19		educational program must be tested as part of all
20		assessments administered by the school district pursuant
21		to Section 2-3.64a-5 of this Code at the attendance center
22		in which the student is enrolled and in accordance with
23		the attendance center's assessment policies and schedule.
24		The student must be included within all accountability
25		determinations for the school district and attendance
26		center under State and federal law.

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1		(7) The term of a student's participation in a remote
2		educational program may not extend for longer than 12
3		months, unless the term is renewed by the school district.
4		The district may only renew a student's participation in a
5		remote educational program following an evaluation of the
6		student's progress in the program, a determination that
7		the student's continuation in the program will best serve
8		the student's individual learning needs, and an amendment
9		to the student's written remote educational plan
10		addressing any changes for the upcoming term of the
11		program.
12		For purposes of this Section, a remote educational program
13		does not include instruction delivered to students through an
14		e-learning program approved under Section 10-20.56 of this
15		Code, a remote and blended remote learning day plan under
16		Section 10-30 or 34-18.66 of this Code, or a remote learning
17		plan under Section 10-31 or 34-18.82 of this Code.
18		(b) A school district may, by resolution of its school
19		board, establish a remote educational program.
20		(c) (Blank).
21		(d) The impact of remote educational programs on wages,
22		hours, and terms and conditions of employment of educational
23		employees within the school district shall be subject to local
24		collective bargaining agreements.
25		(e) The use of a home or other location outside of a school
26		building for a remote educational program shall not cause the

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1		home or other location to be deemed a public school facility.
2		(f) A remote educational program may be used, but is not
3		required, for instruction delivered to a student in the home
4		or other location outside of a school building that is not
5		claimed for evidence-based funding purposes under Section
6		18-8.15 of this Code.
7		(g) School districts that, pursuant to this Section, adopt
8		a policy for a remote educational program must submit to the
9		State Board of Education a copy of the policy and any
10		amendments thereto, as well as data on student participation
11		in a format specified by the State Board of Education. The
12		State Board of Education may perform or contract with an
13		outside entity to perform an evaluation of remote educational
14		programs in this State.
15		(h) The State Board of Education may adopt any rules
16		necessary to ensure compliance by remote educational programs
17		with the requirements of this Section and other applicable
18		legal requirements.
19		(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
20		(105 ILCS 5/10-30)
21		Sec. 10-30. Remote and blended remote learning; public
22		health emergency. This Section applies if the Governor has
23		declared a disaster due to a public health emergency pursuant
24		to Section 7 of the Illinois Emergency Management Agency Act.
25		(1) If the Governor has declared a disaster due to a

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1		public health emergency pursuant to Section 7 of the
2		Illinois Emergency Management Agency Act, the State
3		Superintendent of Education may declare a requirement to
4		use remote learning days or blended remote learning days
5		for a school district, multiple school districts, a
6		region, or the entire State. During remote learning days,
7		schools shall conduct instruction remotely. During blended
8		remote learning days, schools may utilize hybrid models of
9		in-person and remote instruction. Once declared, remote
10		learning days or blended remote learning days shall be
11		implemented in grades pre-kindergarten through 12 as days
12		of attendance and shall be deemed pupil attendance days
13		for calculation of the length of a school term under
14		Section 10-19.
15		(2) For purposes of this Section, a remote learning
16		day or blended remote learning day may be met through a
17		district's implementation of an e-learning program under
18		Section 10-20.56 or a remote learning plan under Section
19		10-31.
20		(3) For any district that does not implement an
21		e-learning program under Section 10-20.56 or a remote
22		learning plan under Section 10-31, the district shall
23		adopt a remote and blended remote learning day plan
24		approved by the district superintendent. Each district may
25		utilize remote and blended remote learning planning days,
26		consecutively or in separate increments, to develop,

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1		review, or amend its remote and blended remote learning
2		day plan or provide professional development to staff
3		regarding remote education. Up to 5 remote and blended
4		remote learning planning days may be deemed pupil
5		attendance days for calculation of the length of a school
6		term under Section 10-19.
7		(4) Each remote and blended remote learning day plan
8		shall address the following:
9		(i) accessibility of the remote instruction to all
10		students enrolled in the district;
11		(ii) if applicable, a requirement that the remote
12		learning day and blended remote learning day
13		activities reflect State learning standards;
14		(iii) a means for students to confer with an
15		educator, as necessary;
16		(iv) the unique needs of students in special
17		populations, including, but not limited to, students
18		eligible for special education under Article 14,
19		students who are English learners as defined in
20		Section 14C-2, and students experiencing homelessness
21		under the Education for Homeless Children Act, or
22		vulnerable student populations;
23		(v) how the district will take attendance and
24		monitor and verify each student's remote
25		participation; and
26		(vi) transitions from remote learning to on-site

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1		learning upon the State Superintendent's declaration
2		that remote learning days or blended remote learning
3		days are no longer deemed necessary.
4		(5) The district superintendent shall periodically
5		review and amend the district's remote and blended remote
6		learning day plan, as needed, to ensure the plan meets the
7		needs of all students.
8		(6) Each remote and blended remote learning day plan
9		shall be posted on the district's Internet website where
10		other policies, rules, and standards of conduct are posted
11		and shall be provided to students and faculty.
12		(7) This Section does not create any additional
13		employee bargaining rights and does not remove any
14		employee bargaining rights.
15		(8) Statutory and regulatory curricular mandates and
16		offerings may be administered via a district's remote and
17		blended remote learning day plan, except that a district
18		may not offer individual behind-the-wheel instruction
19		required by Section 27-24.2 via a district's remote and
20		blended remote learning day plan. This Section does not
21		relieve schools and districts from completing all
22		statutory and regulatory curricular mandates and
23		offerings.
24		(Source: P.A. 101-643, eff. 6-18-20.)
25		(105 ILCS 5/10-31 new)

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1		Sec. 10-31. Remote learning.
2		(a) A school district may utilize a remote learning day
3		meeting the requirements of this Section in lieu of the
4		district's scheduled emergency days as required by Section
5		10-19 of this Code or because a school was selected to be a
6		polling place under Section 11-4.1 of the Election Code.
7		However, in no case may a school district utilize more than 5
8		remote learning days under this Section in a school year. A
9		remote learning day under this Section shall be deemed a pupil
10		attendance day for calculation of the length of the school
11		term under Section 10-19 of this Code.
12		(b) The district superintendent must approve a remote
13		learning plan for the district before the district may utilize
14		a remote learning day under this Section. The remote learning
15		plan must address all of the following:
16		(1) The accessibility of remote instruction, including
17		non-electronic materials, to all students enrolled in the
18		district.
19		(2) The requirement that remote learning day
20		activities reflect State learning standards, if
21		applicable.
22		(3) A means for a student to confer with an educator,
23		as necessary.
24		(4) The unique needs of a student in a special
25		population, including, but not limited to, a student
26		eligible for special education services under Article 14

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1		of this Code, a student who is an English learner, as
2		defined in Section 14C-2 of this Code, or a student who is
3		a homeless person, child, or youth, as defined in the
4		Education for Homeless Children Act, or other vulnerable
5		student population.
6		(5) How the district will take attendance and monitor
7		and verify each student's remote participation.
8		(6) An assurance of at least 5 clock hours of school
9		work, as required under Section 10-19.05 of this Code, for
10		each student participating in the remote learning day.
11		Before the district superintendent approves a remote
12		learning plan, the school board must hold a public hearing on
13		the district's initial proposal for a remote learning plan or
14		for renewal of a remote learning plan at a regular or special
15		meeting of the school board, at which meeting the terms of the
16		proposal or renewal must be substantially presented and an
17		opportunity for allowing public comments must be provided.
18		Approval of a remote learning plan by the district
19		superintendent shall be for an initial term of 3 years. Every 3
20		years thereafter, the district superintendent shall review the
21		plan and make any necessary changes. During the 3-year term of
22		a remote learning plan, the district superintendent may
23		periodically review and amend the plan as needed to ensure
24		that the plan meets the needs of all students and faculty.
25		The remote learning plan must be posted on the district's
26		Internet website where other policies, rules, and standards of

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1		conduct are posted and must be provided to students and
2		faculty. Any changes to the remote learning plan must be
3		posted on the district's Internet website.
4		(c) The district must provide effective notice to students
5		and their parents or guardians of the use of a particular day
6		as a remote learning day.
7		(d) The district must provide students and faculty with
8		adequate training on how to participate in a remote learning
9		day.
10		(e) The district shall ensure an opportunity for any
11		collective bargaining negotiations with representatives of the
12		district's employees that would be legally required, including
13		all classifications of district employees who are represented
14		by a collective bargaining agreement and who would be affected
15		in the event a remote learning day is used.
16		(f) Statutory and regulatory curricular mandates and
17		offerings may be administered via remote learning under the
18		remote learning plan. This Section does not relieve a school
19		or district from completing all statutory and regulatory
20		curricular mandates and offerings.
21		(g) A remote learning day may utilize the Internet,
22		telephones, texts, chat rooms, or other similar means of
23		electronic communication for instruction and interaction
24		between educators and students if such utilization meets the
25		needs of all learners.
26		(h) A school district shall pay its employees who provide

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1		educational support services to the district, including, but
2		not limited to, custodial employees, building maintenance
3		employees, transportation employees, food service providers,
4		classroom assistants, and administrative staff, their daily,
5		regular rate of pay and benefits rendered for any school
6		closure, remote learning day, or e-learning day if the
7		closure, remote learning day, or e-learning day precludes them
8		from performing their regularly scheduled duties and they
9		would have reported for work but for the closure, remote
10		learning day, or e-learning day; however, this requirement
11		does not apply if the day is rescheduled and the employees will
12		be paid their daily, regular rate of pay and benefits for the
13		rescheduled day if services are rendered.
14		(i) A school district shall make full payment that would
15		have otherwise been paid to its contractors who provide
16		educational support services to the district, including, but
17		not limited to, custodial, building maintenance,
18		transportation, food service providers, classroom assistants,
19		or administrative staff, their daily, regular rate of pay and
20		benefits rendered for any school closure, remote learning day
21		or e-learning day if the closure precludes them from
22		performing their regularly scheduled duties and the employees
23		would have reported for work but for the closure, remote
24		learning day, or e-learning day, except this requirement does
25		not apply if the day is rescheduled and the employee will be
26		paid their daily, regular rate of pay and benefits for the

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1		rescheduled day when services are rendered.
2		(j) The State Board of Education may adopt rules
3		consistent with the provisions of this Section that are
4		necessary to implement this Section.
5		(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
6		Sec. 18-12. Dates for filing State aid claims. The school
7		board of each school district, a regional office of education,
8		a laboratory school, or a State-authorized charter school
9		shall require teachers, principals, or superintendents to
10		furnish from records kept by them such data as it needs in
11		preparing and certifying to the State Superintendent of
12		Education its report of claims provided in Section 18-8.05 or
13		18-8.15 of this Code. The claim shall be based on the latest
14		available equalized assessed valuation and tax rates, as
15		provided in Section 18-8.05 or 18-8.15, shall use the average
16		daily attendance as determined by the method outlined in
17		Section 18-8.05 or 18-8.15, and shall be certified and filed
18		with the State Superintendent of Education by June 21 for
19		districts and State-authorized charter schools with an
20		official school calendar end date before June 15 or within 2
21		weeks following the official school calendar end date for
22		districts, regional offices of education, laboratory schools,
23		or State-authorized charter schools with a school year end
24		date of June 15 or later. Failure to so file by these deadlines
25		constitutes a forfeiture of the right to receive payment by

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1		the State until such claim is filed. The State Superintendent
2		of Education shall voucher for payment those claims to the
3		State Comptroller as provided in Section 18-11.
4		Except as otherwise provided in this Section, if any
5		school district fails to provide the minimum school term
6		specified in Section 10-19, the State aid claim for that year
7		shall be reduced by the State Superintendent of Education in
8		an amount equivalent to 1/176 or .56818% for each day less than
9		the number of days required by this Code.
10		If the State Superintendent of Education determines that
11		the failure to provide the minimum school term was occasioned
12		by an act or acts of God, or was occasioned by conditions
13		beyond the control of the school district which posed a
14		hazardous threat to the health and safety of pupils, the State
15		aid claim need not be reduced.
16		If a school district is precluded from providing the
17		minimum hours of instruction required for a full day of
18		attendance due to (A) an adverse weather condition, (B) a
19		condition beyond the control of the school district that poses
20		a hazardous threat to the health and safety of students, or (C)
21		beginning with the 2016-2017 school year, the utilization of
22		the school district's facilities for not more than 2 school
23		days per school year by local or county authorities for the
24		purpose of holding a memorial or funeral services in
25		remembrance of a community member, then the partial day of
26		attendance may be counted if (i) the school district has

SB1470 Engrossed - 34 - LRB103 27385 RJT 53757 b
1		provided at least one hour of instruction prior to the closure
2		of the school district, (ii) a school building has provided at
3		least one hour of instruction prior to the closure of the
4		school building, or (iii) the normal start time of the school
5		district is delayed.
6		If, prior to providing any instruction, a school district
7		must close one or more but not all school buildings after
8		consultation with a local emergency response agency or due to
9		a condition beyond the control of the school district, then
10		the school district may claim attendance for up to 2 school
11		days based on the average attendance of the 3 school days
12		immediately preceding the closure of the affected school
13		building or, if approved by the State Board of Education,
14		utilize the provisions of an e-learning program under Section
15		10-20.56 of this Code or a remote learning plan under Section
16		10-31 or 34-18.82 of this Code for the affected school
17		building as prescribed in Section 10-20.56 of this Code. The
18		partial or no day of attendance described in this Section and
19		the reasons therefore shall be certified within a month of the
20		closing or delayed start by the school district superintendent
21		to the regional superintendent of schools for forwarding to
22		the State Superintendent of Education for approval.
23		Other than the utilization of any e-learning days as
24		prescribed in Section 10-20.56 of this Code or remote learning
25		days as prescribed in Section 10-31 or 34-18.82 of this Code,
26		no exception to the requirement of providing a minimum school

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1		term may be approved by the State Superintendent of Education
2		pursuant to this Section unless a school district has first
3		used all emergency days provided for in its regular calendar.
4		If the State Superintendent of Education declares that an
5		energy shortage exists during any part of the school year for
6		the State or a designated portion of the State, a district may
7		operate the school attendance centers within the district 4
8		days of the week during the time of the shortage by extending
9		each existing school day by one clock hour of school work, and
10		the State aid claim shall not be reduced, nor shall the
11		employees of that district suffer any reduction in salary or
12		benefits as a result thereof. A district may operate all
13		attendance centers on this revised schedule, or may apply the
14		schedule to selected attendance centers, taking into
15		consideration such factors as pupil transportation schedules
16		and patterns and sources of energy for individual attendance
17		centers.
18		Electronically submitted State aid claims shall be
19		submitted by duly authorized district individuals over a
20		secure network that is password protected. The electronic
21		submission of a State aid claim must be accompanied with an
22		affirmation that all of the provisions of Section 18-8.05 or
23		18-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
24		all respects.
25		(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
26		100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.

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1		8-14-18.)
2		(105 ILCS 5/34-18.66)
3		Sec. 34-18.66. Remote and blended remote learning; public
4		health emergency. This Section applies if the Governor has
5		declared a disaster due to a public health emergency pursuant
6		to Section 7 of the Illinois Emergency Management Agency Act.
7		(1) If the Governor has declared a disaster due to a
8		public health emergency pursuant to Section 7 of the
9		Illinois Emergency Management Agency Act, the State
10		Superintendent of Education may declare a requirement to
11		use remote learning days or blended remote learning days
12		for the school district, multiple school districts, a
13		region, or the entire State. During remote learning days,
14		schools shall conduct instruction remotely. During blended
15		remote learning days, schools may utilize hybrid models of
16		in-person and remote instruction. Once declared, remote
17		learning days or blended remote learning days shall be
18		implemented in grades pre-kindergarten through 12 as days
19		of attendance and shall be deemed pupil attendance days
20		for calculation of the length of a school term under
21		Section 10-19.
22		(2) For purposes of this Section, a remote learning
23		day or blended remote learning day may be met through the
24		district's implementation of an e-learning program under
25		Section 10-20.56 or a remote learning plan under Section

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1		34-18.82.
2		(3) If the district does not implement an e-learning
3		program under Section 10-20.56 or a remote learning plan
4		under Section 34-18.82, the district shall adopt a remote
5		and blended remote learning day plan approved by the
6		general superintendent of schools. The district may
7		utilize remote and blended remote learning planning days,
8		consecutively or in separate increments, to develop,
9		review, or amend its remote and blended remote learning
10		day plan or provide professional development to staff
11		regarding remote education. Up to 5 remote and blended
12		remote learning planning days may be deemed pupil
13		attendance days for calculation of the length of a school
14		term under Section 10-19.
15		(4) Each remote and blended remote learning day plan
16		shall address the following:
17		(i) accessibility of the remote instruction to all
18		students enrolled in the district;
19		(ii) if applicable, a requirement that the remote
20		learning day and blended remote learning day
21		activities reflect State learning standards;
22		(iii) a means for students to confer with an
23		educator, as necessary;
24		(iv) the unique needs of students in special
25		populations, including, but not limited to, students
26		eligible for special education under Article 14,

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1		students who are English learners as defined in
2		Section 14C-2, and students experiencing homelessness
3		under the Education for Homeless Children Act, or
4		vulnerable student populations;
5		(v) how the district will take attendance and
6		monitor and verify each student's remote
7		participation; and
8		(vi) transitions from remote learning to on-site
9		learning upon the State Superintendent's declaration
10		that remote learning days or blended remote learning
11		days are no longer deemed necessary.
12		(5) The general superintendent of schools shall
13		periodically review and amend the district's remote and
14		blended remote learning day plan, as needed, to ensure the
15		plan meets the needs of all students.
16		(6) Each remote and blended remote learning day plan
17		shall be posted on the district's Internet website where
18		other policies, rules, and standards of conduct are posted
19		and shall be provided to students and faculty.
20		(7) This Section does not create any additional
21		employee bargaining rights and does not remove any
22		employee bargaining rights.
23		(8) Statutory and regulatory curricular mandates and
24		offerings may be administered via the district's remote
25		and blended remote learning day plan, except that the
26		district may not offer individual behind-the-wheel

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1		instruction required by Section 27-24.2 via the district's
2		remote and blended remote learning day plan. This Section
3		does not relieve schools and the district from completing
4		all statutory and regulatory curricular mandates and
5		offerings.
6		(Source: P.A. 101-643, eff. 6-18-20.)
7		(105 ILCS 5/34-18.82 new)
8		Sec. 34-18.82. Remote learning.
9		(a) The school district may utilize a remote learning day
10		meeting the requirements of this Section in lieu of the
11		district's scheduled emergency days as required by Section
12		10-19 of this Code or because a school was selected to be a
13		polling place under Section 11-4.1 of the Election Code.
14		However, in no case may the district utilize more than 5 remote
15		learning days under this Section in a school year. A remote
16		learning day under this Section shall be deemed a pupil
17		attendance day for calculation of the length of the school
18		term under Section 10-19 of this Code.
19		(b) The general superintendent of schools must approve a
20		remote learning plan for the district before the district may
21		utilize a remote learning day under this Section. The remote
22		learning plan must address all of the following:
23		(1) The accessibility of remote instruction, including
24		non-electronic materials, to all students enrolled in the
25		district.

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1		(2) The requirement that remote learning day
2		activities reflect State learning standards, if
3		applicable.
4		(3) A means for a student to confer with an educator,
5		as necessary.
6		(4) The unique needs of a student in a special
7		population, including, but not limited to, a student
8		eligible for special education services under Article 14
9		of this Code, a student who is an English learner, as
10		defined in Section 14C-2 of this Code, or a student who is
11		a homeless person, child, or youth, as defined in the
12		Education for Homeless Children Act, or other vulnerable
13		student population.
14		(5) How the district will take attendance and monitor
15		and verify each student's remote participation.
16		(6) An assurance of at least 5 clock hours of school
17		work, as required under Section 10-19.05 of this Code, for
18		each student participating in the remote learning day.
19		Before the general superintendent approves a remote
20		learning plan, the school board must hold a public hearing on
21		the district's initial proposal for a remote learning plan or
22		for renewal of a remote learning plan at a regular or special
23		meeting of the school board, at which meeting the terms of the
24		proposal or renewal must be substantially presented and an
25		opportunity for allowing public comments must be provided.
26		Approval of a remote learning plan by the general

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1		superintendent of schools shall be for an initial term of 3
2		years. Every 3 years thereafter, the general superintendent of
3		schools shall review the plan and make any necessary changes.
4		During the 3-year term of a remote learning plan, the general
5		superintendent of schools may periodically review and amend
6		the plan as needed to ensure that the plan meets the needs of
7		all students and faculty.
8		The remote learning plan must be posted on the district's
9		Internet website where other policies, rules, and standards of
10		conduct are posted and must be provided to students and
11		faculty. Any changes to the remote learning plan must be
12		posted on the district's Internet website.
13		(c) The district must provide effective notice to students
14		and their parents or guardians of the use of a particular day
15		as a remote learning day.
16		(d) The district must provide students and faculty with
17		adequate training on how to participate in a remote learning
18		day.
19		(e) The district shall ensure an opportunity for any
20		collective bargaining negotiations with representatives of the
21		district's employees that would be legally required, including
22		all classifications of district employees who are represented
23		by a collective bargaining agreement and who would be affected
24		in the event a remote learning day is used.
25		(f) Statutory and regulatory curricular mandates and
26		offerings may be administered via remote learning under the

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1		remote learning plan. This Section does not relieve a school
2		or the district from completing all statutory and regulatory
3		curricular mandates and offerings.
4		(g) A remote learning day may utilize the Internet,
5		telephones, texts, chat rooms, or other similar means of
6		electronic communication for instruction and interaction
7		between educators and students if such utilization meets the
8		needs of all learners.
9		(h) The district shall pay its employees who provide
10		educational support services to the district, including, but
11		not limited to, custodial employees, building maintenance
12		employees, transportation employees, food service providers,
13		classroom assistants, and administrative staff, their daily,
14		regular rate of pay and benefits rendered for any school
15		closure, remote learning day, or e-learning day if the
16		closure, remote learning day, or e-learning day precludes them
17		from performing their regularly scheduled duties and they
18		would have reported for work but for the closure, remote
19		learning day, or e-learning day; however, this requirement
20		does not apply if the day is rescheduled and the employees will
21		be paid their daily, regular rate of pay and benefits for the
22		rescheduled day if services are rendered.
23		(i) A school district shall make full payment that would
24		have otherwise been paid to its contractors who provide
25		educational support services to the district, including, but
26		not limited to, custodial, building maintenance,

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1		transportation, food service providers, classroom assistants,
2		or administrative staff, their daily, regular rate of pay and
3		benefits rendered for any school closure, remote learning day
4		or e-learning day if the closure precludes them from
5		performing their regularly scheduled duties and the employees
6		would have reported for work but for the closure, remote
7		learning day, or e-learning day, except this requirement does
8		not apply if the day is rescheduled and the employee will be
9		paid their daily, regular rate of pay and benefits for the
10		rescheduled day when services are rendered.
11		(j) The State Board of Education may adopt rules
12		consistent with the provisions of this Section that are
13		necessary to implement this Section.
14		Section 99. Effective date. This Act takes effect July 1,
15		2023.