103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5464 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 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 utilize a 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. LRB103 37716 RJT 67843 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5464 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 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 utilize a 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. LRB103 37716 RJT 67843 b LRB103 37716 RJT 67843 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5464 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 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 utilize a 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. LRB103 37716 RJT 67843 b LRB103 37716 RJT 67843 b LRB103 37716 RJT 67843 b A BILL FOR HB5464LRB103 37716 RJT 67843 b HB5464 LRB103 37716 RJT 67843 b HB5464 LRB103 37716 RJT 67843 b 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 Section 5 10-20.56 as follows: 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5464 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 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 utilize a 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. LRB103 37716 RJT 67843 b LRB103 37716 RJT 67843 b LRB103 37716 RJT 67843 b A BILL FOR 105 ILCS 5/10-20.56 LRB103 37716 RJT 67843 b HB5464 LRB103 37716 RJT 67843 b HB5464- 2 -LRB103 37716 RJT 67843 b HB5464 - 2 - LRB103 37716 RJT 67843 b HB5464 - 2 - LRB103 37716 RJT 67843 b 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 HB5464 - 2 - LRB103 37716 RJT 67843 b HB5464- 3 -LRB103 37716 RJT 67843 b HB5464 - 3 - LRB103 37716 RJT 67843 b HB5464 - 3 - LRB103 37716 RJT 67843 b 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 HB5464 - 3 - LRB103 37716 RJT 67843 b HB5464- 4 -LRB103 37716 RJT 67843 b HB5464 - 4 - LRB103 37716 RJT 67843 b HB5464 - 4 - LRB103 37716 RJT 67843 b 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 HB5464 - 4 - LRB103 37716 RJT 67843 b HB5464- 5 -LRB103 37716 RJT 67843 b HB5464 - 5 - LRB103 37716 RJT 67843 b HB5464 - 5 - LRB103 37716 RJT 67843 b 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, HB5464 - 5 - LRB103 37716 RJT 67843 b HB5464- 6 -LRB103 37716 RJT 67843 b HB5464 - 6 - LRB103 37716 RJT 67843 b HB5464 - 6 - LRB103 37716 RJT 67843 b 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 HB5464 - 6 - LRB103 37716 RJT 67843 b HB5464- 7 -LRB103 37716 RJT 67843 b HB5464 - 7 - LRB103 37716 RJT 67843 b HB5464 - 7 - LRB103 37716 RJT 67843 b 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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