IL
Illinois Senate Bill SB1470

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1470 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1470 Introduced 2/7/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05105 ILCS 5/10-20.56105 ILCS 5/10-29105 ILCS 5/10-30105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66105 ILCS 5/34-18.82 new Amends the School Code. Allows a school district to utilize a remote learning day in lieu of an emergency day provided for in the school calendar or because a school was selected as a polling place. Provides that the number of remote learning days used in a school year may not exceed 5 days and the district superintendent must approve a remote learning plan for the district before the district may utilize a remote learning day. Sets forth what the plan must address, the term of approval, and how the plan must be posted. Sets forth district requirements. Allows statutory and regulatory curricular mandates and offerings to be administered via remote learning, allows for electronic communication for instruction and interaction between educators and students, and provides for rulemaking. Makes related changes. Effective July 1, 2023. LRB103 27385 RJT 53757 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1470 Introduced 2/7/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05105 ILCS 5/10-20.56105 ILCS 5/10-29105 ILCS 5/10-30105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66105 ILCS 5/34-18.82 new 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05 105 ILCS 5/10-20.56 105 ILCS 5/10-29 105 ILCS 5/10-30 105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66 105 ILCS 5/34-18.82 new Amends the School Code. Allows a school district to utilize a remote learning day in lieu of an emergency day provided for in the school calendar or because a school was selected as a polling place. Provides that the number of remote learning days used in a school year may not exceed 5 days and the district superintendent must approve a remote learning plan for the district before the district may utilize a remote learning day. Sets forth what the plan must address, the term of approval, and how the plan must be posted. Sets forth district requirements. Allows statutory and regulatory curricular mandates and offerings to be administered via remote learning, allows for electronic communication for instruction and interaction between educators and students, and provides for rulemaking. Makes related changes. Effective July 1, 2023. LRB103 27385 RJT 53757 b LRB103 27385 RJT 53757 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1470 Introduced 2/7/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED:
3+105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05105 ILCS 5/10-20.56105 ILCS 5/10-29105 ILCS 5/10-30105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66105 ILCS 5/34-18.82 new 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05 105 ILCS 5/10-20.56 105 ILCS 5/10-29 105 ILCS 5/10-30 105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66 105 ILCS 5/34-18.82 new
4+105 ILCS 5/10-19 from Ch. 122, par. 10-19
5+105 ILCS 5/10-19.05
6+105 ILCS 5/10-20.56
7+105 ILCS 5/10-29
8+105 ILCS 5/10-30
9+105 ILCS 5/10-31 new
10+105 ILCS 5/18-12 from Ch. 122, par. 18-12
11+105 ILCS 5/34-18.66
12+105 ILCS 5/34-18.82 new
13+Amends the School Code. Allows a school district to utilize a remote learning day in lieu of an emergency day provided for in the school calendar or because a school was selected as a polling place. Provides that the number of remote learning days used in a school year may not exceed 5 days and the district superintendent must approve a remote learning plan for the district before the district may utilize a remote learning day. Sets forth what the plan must address, the term of approval, and how the plan must be posted. Sets forth district requirements. Allows statutory and regulatory curricular mandates and offerings to be administered via remote learning, allows for electronic communication for instruction and interaction between educators and students, and provides for rulemaking. Makes related changes. Effective July 1, 2023.
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319 1 AN ACT concerning education.
420 2 Be it enacted by the People of the State of Illinois,
521 3 represented in the General Assembly:
622 4 Section 5. The School Code is amended by changing Sections
723 5 10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66
824 6 and by adding Sections 10-31 and 34-18.82 as follows:
925 7 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
1026 8 Sec. 10-19. Length of school term - experimental programs.
1127 9 Each school board shall annually prepare a calendar for the
1228 10 school term, specifying the opening and closing dates and
1329 11 providing a minimum term of at least 185 days to insure 176
1430 12 days of actual pupil attendance, computable under Section
1531 13 10-19.05, except that for the 1980-1981 school year only 175
1632 14 days of actual pupil attendance shall be required because of
1733 15 the closing of schools pursuant to Section 24-2 on January 29,
1834 16 1981 upon the appointment by the President of that day as a day
1935 17 of thanksgiving for the freedom of the Americans who had been
2036 18 held hostage in Iran. Any days allowed by law for teachers'
2137 19 institutes but not used as such or used as parental institutes
2238 20 as provided in Section 10-22.18d shall increase the minimum
2339 21 term by the school days not so used. Except as provided in
2440 22 Section 10-19.1, the board may not extend the school term
2541 23 beyond such closing date unless that extension of term is
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45+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1470 Introduced 2/7/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED:
46+105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05105 ILCS 5/10-20.56105 ILCS 5/10-29105 ILCS 5/10-30105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66105 ILCS 5/34-18.82 new 105 ILCS 5/10-19 from Ch. 122, par. 10-19 105 ILCS 5/10-19.05 105 ILCS 5/10-20.56 105 ILCS 5/10-29 105 ILCS 5/10-30 105 ILCS 5/10-31 new 105 ILCS 5/18-12 from Ch. 122, par. 18-12 105 ILCS 5/34-18.66 105 ILCS 5/34-18.82 new
47+105 ILCS 5/10-19 from Ch. 122, par. 10-19
48+105 ILCS 5/10-19.05
49+105 ILCS 5/10-20.56
50+105 ILCS 5/10-29
51+105 ILCS 5/10-30
52+105 ILCS 5/10-31 new
53+105 ILCS 5/18-12 from Ch. 122, par. 18-12
54+105 ILCS 5/34-18.66
55+105 ILCS 5/34-18.82 new
56+Amends the School Code. Allows a school district to utilize a remote learning day in lieu of an emergency day provided for in the school calendar or because a school was selected as a polling place. Provides that the number of remote learning days used in a school year may not exceed 5 days and the district superintendent must approve a remote learning plan for the district before the district may utilize a remote learning day. Sets forth what the plan must address, the term of approval, and how the plan must be posted. Sets forth district requirements. Allows statutory and regulatory curricular mandates and offerings to be administered via remote learning, allows for electronic communication for instruction and interaction between educators and students, and provides for rulemaking. Makes related changes. Effective July 1, 2023.
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66+105 ILCS 5/10-19.05
67+105 ILCS 5/10-20.56
68+105 ILCS 5/10-29
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70+105 ILCS 5/10-31 new
71+105 ILCS 5/18-12 from Ch. 122, par. 18-12
72+105 ILCS 5/34-18.66
73+105 ILCS 5/34-18.82 new
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3492 1 necessary to provide the minimum number of computable days. In
3593 2 case of such necessary extension school employees shall be
3694 3 paid for such additional time on the basis of their regular
3795 4 contracts. A school board may specify a closing date earlier
3896 5 than that set on the annual calendar when the schools of the
3997 6 district have provided the minimum number of computable days
4098 7 under this Section. Nothing in this Section prevents the board
4199 8 from employing superintendents of schools, principals and
42100 9 other nonteaching personnel for a period of 12 months, or in
43101 10 the case of superintendents for a period in accordance with
44102 11 Section 10-23.8, or prevents the board from employing other
45103 12 personnel before or after the regular school term with payment
46104 13 of salary proportionate to that received for comparable work
47105 14 during the school term. Remote learning days, blended remote
48106 15 learning days, and up to 5 remote and blended remote learning
49107 16 planning days established under Section 10-30 or 34-18.66 or
50108 17 remote learning days established under Section 10-31 or
51109 18 34-18.82 shall be deemed pupil attendance days for calculation
52110 19 of the length of a school term under this Section.
53111 20 A school board may make such changes in its calendar for
54112 21 the school term as may be required by any changes in the legal
55113 22 school holidays prescribed in Section 24-2. A school board may
56114 23 make changes in its calendar for the school term as may be
57115 24 necessary to reflect the utilization of teachers' institute
58116 25 days as parental institute days as provided in Section
59117 26 10-22.18d.
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70128 1 The calendar for the school term and any changes must be
71129 2 submitted to and approved by the regional superintendent of
72130 3 schools before the calendar or changes may take effect.
73131 4 With the prior approval of the State Board of Education
74132 5 and subject to review by the State Board of Education every 3
75133 6 years, any school board may, by resolution of its board and in
76134 7 agreement with affected exclusive collective bargaining
77135 8 agents, establish experimental educational programs, including
78136 9 but not limited to programs for e-learning days as authorized
79137 10 under Section 10-20.56 of this Code, self-directed learning,
80138 11 or outside of formal class periods, which programs when so
81139 12 approved shall be considered to comply with the requirements
82140 13 of this Section as respects numbers of days of actual pupil
83141 14 attendance and with the other requirements of this Act as
84142 15 respects courses of instruction.
85143 16 (Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19;
86144 17 101-643, eff. 6-18-20.)
87145 18 (105 ILCS 5/10-19.05)
88146 19 Sec. 10-19.05. Daily pupil attendance calculation.
89147 20 (a) Except as otherwise provided in this Section, for a
90148 21 pupil of legal school age and in kindergarten or any of grades
91149 22 1 through 12, a day of attendance shall be counted only for
92150 23 sessions of not less than 5 clock hours of school work per day
93151 24 under direct supervision of (i) teachers or (ii) non-teaching
94152 25 personnel or volunteer personnel when engaging in non-teaching
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105163 1 duties and supervising in those instances specified in
106164 2 subsection (a) of Section 10-22.34 and paragraph 10 of Section
107165 3 34-18. Days of attendance by pupils through verified
108166 4 participation in an e-learning program adopted by a school
109167 5 board and verified by the regional office of education or
110168 6 intermediate service center for the school district under
111169 7 Section 10-20.56 of this Code, a remote and blended remote
112170 8 learning day plan under Section 10-30 or 34-18.66 of this
113171 9 Code, or a remote learning plan under Section 10-31 or
114172 10 34-18.82 of this Code shall be considered as full days of
115173 11 attendance under this Section.
116174 12 (b) A pupil regularly enrolled in a public school for only
117175 13 a part of the school day may be counted on the basis of
118176 14 one-sixth of a school day for every class hour of instruction
119177 15 of 40 minutes or more attended pursuant to such enrollment,
120178 16 unless a pupil is enrolled in a block-schedule format of 80
121179 17 minutes or more of instruction, in which case the pupil may be
122180 18 counted on the basis of the proportion of minutes of school
123181 19 work completed each day to the minimum number of minutes that
124182 20 school work is required to be held that day.
125183 21 (c) A session of 4 or more clock hours may be counted as a
126184 22 day of attendance upon certification by the regional
127185 23 superintendent of schools and approval by the State
128186 24 Superintendent of Education to the extent that the district
129187 25 has been forced to use daily multiple sessions.
130188 26 (d) A session of 3 or more clock hours may be counted as a
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141199 1 day of attendance (1) when the remainder of the school day or
142200 2 at least 2 hours in the evening of that day is utilized for an
143201 3 in-service training program for teachers, up to a maximum of
144202 4 10 days per school year, provided that a district conducts an
145203 5 in-service training program for teachers in accordance with
146204 6 Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
147205 7 full days may be used, in which event each such day may be
148206 8 counted as a day required for a legal school calendar pursuant
149207 9 to Section 10-19 of this Code; (2) when, of the 5 days allowed
150208 10 under item (1), a maximum of 4 days are used for parent-teacher
151209 11 conferences, or, in lieu of 4 such days, 2 full days are used,
152210 12 in which case each such day may be counted as a calendar day
153211 13 required under Section 10-19 of this Code, provided that the
154212 14 full-day, parent-teacher conference consists of (i) a minimum
155213 15 of 5 clock hours of parent-teacher conferences, (ii) both a
156214 16 minimum of 2 clock hours of parent-teacher conferences held in
157215 17 the evening following a full day of student attendance and a
158216 18 minimum of 3 clock hours of parent-teacher conferences held on
159217 19 the day immediately following evening parent-teacher
160218 20 conferences, or (iii) multiple parent-teacher conferences held
161219 21 in the evenings following full days of student attendance in
162220 22 which the time used for the parent-teacher conferences is
163221 23 equivalent to a minimum of 5 clock hours; and (3) when days in
164222 24 addition to those provided in items (1) and (2) are scheduled
165223 25 by a school pursuant to its school improvement plan adopted
166224 26 under Article 34 or its revised or amended school improvement
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177235 1 plan adopted under Article 2, provided that (i) such sessions
178236 2 of 3 or more clock hours are scheduled to occur at regular
179237 3 intervals, (ii) the remainder of the school days in which such
180238 4 sessions occur are utilized for in-service training programs
181239 5 or other staff development activities for teachers, and (iii)
182240 6 a sufficient number of minutes of school work under the direct
183241 7 supervision of teachers are added to the school days between
184242 8 such regularly scheduled sessions to accumulate not less than
185243 9 the number of minutes by which such sessions of 3 or more clock
186244 10 hours fall short of 5 clock hours. Days scheduled for
187245 11 in-service training programs, staff development activities, or
188246 12 parent-teacher conferences may be scheduled separately for
189247 13 different grade levels and different attendance centers of the
190248 14 district.
191249 15 (e) A session of not less than one clock hour of teaching
192250 16 hospitalized or homebound pupils on-site or by telephone to
193251 17 the classroom may be counted as a half day of attendance;
194252 18 however, these pupils must receive 4 or more clock hours of
195253 19 instruction to be counted for a full day of attendance.
196254 20 (f) A session of at least 4 clock hours may be counted as a
197255 21 day of attendance for first grade pupils and pupils in
198256 22 full-day kindergartens, and a session of 2 or more hours may be
199257 23 counted as a half day of attendance by pupils in kindergartens
200258 24 that provide only half days of attendance.
201259 25 (g) For children with disabilities who are below the age
202260 26 of 6 years and who cannot attend 2 or more clock hours because
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213271 1 of their disability or immaturity, a session of not less than
214272 2 one clock hour may be counted as a half day of attendance;
215273 3 however, for such children whose educational needs require a
216274 4 session of 4 or more clock hours, a session of at least 4 clock
217275 5 hours may be counted as a full day of attendance.
218276 6 (h) A recognized kindergarten that provides for only a
219277 7 half day of attendance by each pupil shall not have more than
220278 8 one half day of attendance counted in any one day. However,
221279 9 kindergartens may count 2 and a half days of attendance in any
222280 10 5 consecutive school days. When a pupil attends such a
223281 11 kindergarten for 2 half days on any one school day, the pupil
224282 12 shall have the following day as a day absent from school,
225283 13 unless the school district obtains permission in writing from
226284 14 the State Superintendent of Education. Attendance at
227285 15 kindergartens that provide for a full day of attendance by
228286 16 each pupil shall be counted the same as attendance by first
229287 17 grade pupils. Only the first year of attendance in one
230288 18 kindergarten shall be counted, except in the case of children
231289 19 who entered the kindergarten in their fifth year whose
232290 20 educational development requires a second year of kindergarten
233291 21 as determined under rules of the State Board of Education.
234292 22 (i) On the days when the State's final accountability
235293 23 assessment is administered under subsection (c) of Section
236294 24 2-3.64a-5 of this Code, the day of attendance for a pupil whose
237295 25 school day must be shortened to accommodate required testing
238296 26 procedures may be less than 5 clock hours and shall be counted
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249307 1 toward the 176 days of actual pupil attendance required under
250308 2 Section 10-19 of this Code, provided that a sufficient number
251309 3 of minutes of school work in excess of 5 clock hours are first
252310 4 completed on other school days to compensate for the loss of
253311 5 school work on the examination days.
254312 6 (j) Pupils enrolled in a remote educational program
255313 7 established under Section 10-29 of this Code may be counted on
256314 8 the basis of a one-fifth day of attendance for every clock hour
257315 9 of instruction attended in the remote educational program,
258316 10 provided that, in any month, the school district may not claim
259317 11 for a student enrolled in a remote educational program more
260318 12 days of attendance than the maximum number of days of
261319 13 attendance the district can claim (i) for students enrolled in
262320 14 a building holding year-round classes if the student is
263321 15 classified as participating in the remote educational program
264322 16 on a year-round schedule or (ii) for students enrolled in a
265323 17 building not holding year-round classes if the student is not
266324 18 classified as participating in the remote educational program
267325 19 on a year-round schedule.
268326 20 (j-5) The clock hour requirements of subsections (a)
269327 21 through (j) of this Section do not apply if the Governor has
270328 22 declared a disaster due to a public health emergency pursuant
271329 23 to Section 7 of the Illinois Emergency Management Agency Act.
272330 24 The State Superintendent of Education may establish minimum
273331 25 clock hour requirements under Sections 10-30 and 34-18.66 if
274332 26 the Governor has declared a disaster due to a public health
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285343 1 emergency pursuant to Section 7 of the Illinois Emergency
286344 2 Management Agency Act.
287345 3 (k) Pupil participation in any of the following activities
288346 4 shall be counted toward the calculation of clock hours of
289347 5 school work per day:
290348 6 (1) Instruction in a college course in which a student
291349 7 is dually enrolled for both high school credit and college
292350 8 credit.
293351 9 (2) Participation in a Supervised Career Development
294352 10 Experience, as defined in Section 10 of the Postsecondary
295353 11 and Workforce Readiness Act, in which student
296354 12 participation and learning outcomes are supervised by an
297355 13 educator licensed under Article 21B.
298356 14 (3) Participation in a youth apprenticeship, as
299357 15 jointly defined in rules of the State Board of Education
300358 16 and Department of Commerce and Economic Opportunity, in
301359 17 which student participation and outcomes are supervised by
302360 18 an educator licensed under Article 21B.
303361 19 (4) Participation in a blended learning program
304362 20 approved by the school district in which course content,
305363 21 student evaluation, and instructional methods are
306364 22 supervised by an educator licensed under Article 21B.
307365 23 (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
308366 24 (105 ILCS 5/10-20.56)
309367 25 Sec. 10-20.56. E-learning days.
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320378 1 (a) The State Board of Education shall establish and
321379 2 maintain, for implementation in school districts, a program
322380 3 for use of electronic-learning (e-learning) days, as described
323381 4 in this Section. School districts may utilize a program
324382 5 approved under this Section for use during remote learning
325383 6 days and blended remote learning days under Section 10-30 or
326384 7 34-18.66.
327385 8 (b) The school board of a school district may, by
328386 9 resolution, adopt a research-based program or research-based
329387 10 programs for e-learning days district-wide that shall permit
330388 11 student instruction to be received electronically while
331389 12 students are not physically present in lieu of the district's
332390 13 scheduled emergency days as required by Section 10-19 of this
333391 14 Code or because a school was selected to be a polling place
334392 15 under Section 11-4.1 of the Election Code. The research-based
335393 16 program or programs may not exceed the minimum number of
336394 17 emergency days in the approved school calendar and must be
337395 18 verified by the regional office of education or intermediate
338396 19 service center for the school district on or before September
339397 20 1st annually to ensure access for all students. The regional
340398 21 office of education or intermediate service center shall
341399 22 ensure that the specific needs of all students are met,
342400 23 including special education students and English learners, and
343401 24 that all mandates are still met using the proposed
344402 25 research-based program. The e-learning program may utilize the
345403 26 Internet, telephones, texts, chat rooms, or other similar
346404
347405
348406
349407
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356414 1 means of electronic communication for instruction and
357415 2 interaction between teachers and students that meet the needs
358416 3 of all learners. The e-learning program shall address the
359417 4 school district's responsibility to ensure that all teachers
360418 5 and staff who may be involved in the provision of e-learning
361419 6 have access to any and all hardware and software that may be
362420 7 required for the program. If a proposed program does not
363421 8 address this responsibility, the school district must propose
364422 9 an alternate program.
365423 10 (c) Before its adoption by a school board, the school
366424 11 board must hold a public hearing on a school district's
367425 12 initial proposal for an e-learning program or for renewal of
368426 13 such a program, at a regular or special meeting of the school
369427 14 board, in which the terms of the proposal must be
370428 15 substantially presented and an opportunity for allowing public
371429 16 comments must be provided. Notice of such public hearing must
372430 17 be provided at least 10 days prior to the hearing by:
373431 18 (1) publication in a newspaper of general circulation
374432 19 in the school district;
375433 20 (2) written or electronic notice designed to reach the
376434 21 parents or guardians of all students enrolled in the
377435 22 school district; and
378436 23 (3) written or electronic notice designed to reach any
379437 24 exclusive collective bargaining representatives of school
380438 25 district employees and all those employees not in a
381439 26 collective bargaining unit.
382440
383441
384442
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449+ SB1470 - 12 - LRB103 27385 RJT 53757 b
392450 1 (d) The regional office of education or intermediate
393451 2 service center for the school district must timely verify that
394452 3 a proposal for an e-learning program has met the requirements
395453 4 specified in this Section and that the proposal contains
396454 5 provisions designed to reasonably and practicably accomplish
397455 6 the following:
398456 7 (1) to ensure and verify at least 5 clock hours of
399457 8 instruction or school work, as required under Section
400458 9 10-19.05, for each student participating in an e-learning
401459 10 day;
402460 11 (2) to ensure access from home or other appropriate
403461 12 remote facility for all students participating, including
404462 13 computers, the Internet, and other forms of electronic
405463 14 communication that must be utilized in the proposed
406464 15 program;
407465 16 (2.5) to ensure that non-electronic materials are made
408466 17 available to students participating in the program who do
409467 18 not have access to the required technology or to
410468 19 participating teachers or students who are prevented from
411469 20 accessing the required technology;
412470 21 (3) to ensure appropriate learning opportunities for
413471 22 students with special needs;
414472 23 (4) to monitor and verify each student's electronic
415473 24 participation;
416474 25 (5) to address the extent to which student
417475 26 participation is within the student's control as to the
418476
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428486 1 time, pace, and means of learning;
429487 2 (6) to provide effective notice to students and their
430488 3 parents or guardians of the use of particular days for
431489 4 e-learning;
432490 5 (7) to provide staff and students with adequate
433491 6 training for e-learning days' participation;
434492 7 (8) to ensure an opportunity for any collective
435493 8 bargaining negotiations with representatives of the school
436494 9 district's employees that would be legally required,
437495 10 including all classifications of school district employees
438496 11 who are represented by collective bargaining agreements
439497 12 and who would be affected in the event of an e-learning
440498 13 day;
441499 14 (9) to review and revise the program as implemented to
442500 15 address difficulties confronted; and
443501 16 (10) to ensure that the protocol regarding general
444502 17 expectations and responsibilities of the program is
445503 18 communicated to teachers, staff, and students at least 30
446504 19 days prior to utilizing an e-learning day.
447505 20 The school board's approval of a school district's initial
448506 21 e-learning program and renewal of the e-learning program shall
449507 22 be for a term of 3 years. Any e-learning program adopted or
450508 23 renewed before the effective date of this amendatory Act of
451509 24 the 103rd General Assembly may continue until the expiration
452510 25 of its term, at which time the school district shall implement
453511 26 remote learning days under Section 10-31 or Section 34-18.82
454512
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457515
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460518
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464522 1 of this Code rather than an e-learning program under this
465523 2 Section.
466524 3 (d-5) A school district shall pay to its contractors who
467525 4 provide educational support services to the district,
468526 5 including, but not limited to, custodial, transportation, or
469527 6 food service providers, their daily, regular rate of pay or
470528 7 billings rendered for any e-learning day that is used because
471529 8 a school was selected to be a polling place under Section
472530 9 11-4.1 of the Election Code, except that this requirement does
473531 10 not apply to contractors who are paid under contracts that are
474532 11 entered into, amended, or renewed on or after March 15, 2022 or
475533 12 to contracts that otherwise address compensation for such
476534 13 e-learning days.
477535 14 (d-10) A school district shall pay to its employees who
478536 15 provide educational support services to the district,
479537 16 including, but not limited to, custodial employees, building
480538 17 maintenance employees, transportation employees, food service
481539 18 providers, classroom assistants, or administrative staff,
482540 19 their daily, regular rate of pay and benefits rendered for any
483541 20 school closure or e-learning day if the closure precludes them
484542 21 from performing their regularly scheduled duties and the
485543 22 employee would have reported for work but for the closure,
486544 23 except this requirement does not apply if the day is
487545 24 rescheduled and the employee will be paid their daily, regular
488546 25 rate of pay and benefits for the rescheduled day when services
489547 26 are rendered.
490548
491549
492550
493551
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500558 1 (d-15) A school district shall make full payment that
501559 2 would have otherwise been paid to its contractors who provide
502560 3 educational support services to the district, including, but
503561 4 not limited to, custodial, building maintenance,
504562 5 transportation, food service providers, classroom assistants,
505563 6 or administrative staff, their daily, regular rate of pay and
506564 7 benefits rendered for any school closure or e-learning day if
507565 8 any closure precludes them from performing their regularly
508566 9 scheduled duties and employees would have reported for work
509567 10 but for the closure. The employees who provide the support
510568 11 services covered by such contracts shall be paid their daily
511569 12 bid package rates and benefits as defined by their local
512570 13 operating agreements or collective bargaining agreements,
513571 14 except this requirement does not apply if the day is
514572 15 rescheduled and the employee will be paid their daily, regular
515573 16 rate of pay and benefits for the rescheduled day when services
516574 17 are rendered.
517575 18 (d-20) A school district shall make full payment or
518576 19 reimbursement to an employee or contractor as specified in
519577 20 subsection (d-10) or (d-15) of this Section for any school
520578 21 closure or e-learning day in the 2021-2022 school year that
521579 22 occurred prior to the effective date of this amendatory Act of
522580 23 the 102nd General Assembly if the employee or contractor did
523581 24 not receive pay or was required to use earned paid time off,
524582 25 except this requirement does not apply if the day is
525583 26 rescheduled and the employee will be paid their daily, regular
526584
527585
528586
529587
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532590
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593+ SB1470 - 16 - LRB103 27385 RJT 53757 b
536594 1 rate of pay and benefits for the rescheduled day when services
537595 2 are rendered.
538596 3 (e) The State Board of Education may adopt rules
539597 4 consistent with the provision of this Section.
540598 5 (f) For purposes of subsections (d-10), (d-15), and (d-20)
541599 6 of this Section:
542600 7 "Employee" means anyone employed by a school district on
543601 8 or after the effective date of this amendatory Act of the 102nd
544602 9 General Assembly.
545603 10 "School district" includes charter schools established
546604 11 under Article 27A of this Code, but does not include the
547605 12 Department of Juvenile Justice School District.
548606 13 (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
549607 14 102-584, eff. 6-1-22; 102-697, eff. 4-5-22.)
550608 15 (105 ILCS 5/10-29)
551609 16 Sec. 10-29. Remote educational programs.
552610 17 (a) For purposes of this Section, "remote educational
553611 18 program" means an educational program delivered to students in
554612 19 the home or other location outside of a school building that
555613 20 meets all of the following criteria:
556614 21 (1) A student may participate in the program only
557615 22 after the school district, pursuant to adopted school
558616 23 board policy, and a person authorized to enroll the
559617 24 student under Section 10-20.12b of this Code determine
560618 25 that a remote educational program will best serve the
561619
562620
563621
564622
565623
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567625
568626
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571629 1 student's individual learning needs. The adopted school
572630 2 board policy shall include, but not be limited to, all of
573631 3 the following:
574632 4 (A) Criteria for determining that a remote
575633 5 educational program will best serve a student's
576634 6 individual learning needs. The criteria must include
577635 7 consideration of, at a minimum, a student's prior
578636 8 attendance, disciplinary record, and academic history.
579637 9 (B) Any limitations on the number of students or
580638 10 grade levels that may participate in a remote
581639 11 educational program.
582640 12 (C) A description of the process that the school
583641 13 district will use to approve participation in the
584642 14 remote educational program. The process must include
585643 15 without limitation a requirement that, for any student
586644 16 who qualifies to receive services pursuant to the
587645 17 federal Individuals with Disabilities Education
588646 18 Improvement Act of 2004, the student's participation
589647 19 in a remote educational program receive prior approval
590648 20 from the student's individualized education program
591649 21 team.
592650 22 (D) A description of the process the school
593651 23 district will use to develop and approve a written
594652 24 remote educational plan that meets the requirements of
595653 25 subdivision (5) of this subsection (a).
596654 26 (E) A description of the system the school
597655
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603661
604662
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664+ SB1470 - 18 - LRB103 27385 RJT 53757 b
607665 1 district will establish to determine student
608666 2 participation in instruction in accordance with the
609667 3 remote educational program.
610668 4 (F) A description of the process for renewing a
611669 5 remote educational program at the expiration of its
612670 6 term.
613671 7 (G) Such other terms and provisions as the school
614672 8 district deems necessary to provide for the
615673 9 establishment and delivery of a remote educational
616674 10 program.
617675 11 (2) The school district has determined that the remote
618676 12 educational program's curriculum is aligned to State
619677 13 learning standards and that the program offers instruction
620678 14 and educational experiences consistent with those given to
621679 15 students at the same grade level in the district.
622680 16 (3) The remote educational program is delivered by
623681 17 instructors that meet the following qualifications:
624682 18 (A) they are licensed under Article 21B of this
625683 19 Code;
626684 20 (B) (blank); and
627685 21 (C) they have responsibility for all of the
628686 22 following elements of the program: planning
629687 23 instruction, diagnosing learning needs, prescribing
630688 24 content delivery through class activities, assessing
631689 25 learning, reporting outcomes to administrators and
632690 26 parents and guardians, and evaluating the effects of
633691
634692
635693
636694
637695
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639697
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643701 1 instruction.
644702 2 (4) During the period of time from and including the
645703 3 opening date to the closing date of the regular school
646704 4 term of the school district established pursuant to
647705 5 Section 10-19 of this Code, participation in a remote
648706 6 educational program may be claimed for evidence-based
649707 7 funding purposes under Section 18-8.15 of this Code on any
650708 8 calendar day, notwithstanding whether the day is a day of
651709 9 pupil attendance or institute day on the school district's
652710 10 calendar or any other provision of law restricting
653711 11 instruction on that day. If the district holds year-round
654712 12 classes in some buildings, the district shall classify
655713 13 each student's participation in a remote educational
656714 14 program as either on a year-round or a non-year-round
657715 15 schedule for purposes of claiming evidence-based funding.
658716 16 Outside of the regular school term of the district, the
659717 17 remote educational program may be offered as part of any
660718 18 summer school program authorized by this Code.
661719 19 (5) Each student participating in a remote educational
662720 20 program must have a written remote educational plan that
663721 21 has been approved by the school district and a person
664722 22 authorized to enroll the student under Section 10-20.12b
665723 23 of this Code. The school district and a person authorized
666724 24 to enroll the student under Section 10-20.12b of this Code
667725 25 must approve any amendment to a remote educational plan.
668726 26 The remote educational plan must include, but is not
669727
670728
671729
672730
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675733
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679737 1 limited to, all of the following:
680738 2 (A) Specific achievement goals for the student
681739 3 aligned to State learning standards.
682740 4 (B) A description of all assessments that will be
683741 5 used to measure student progress, which description
684742 6 shall indicate the assessments that will be
685743 7 administered at an attendance center within the school
686744 8 district.
687745 9 (C) A description of the progress reports that
688746 10 will be provided to the school district and the person
689747 11 or persons authorized to enroll the student under
690748 12 Section 10-20.12b of this Code.
691749 13 (D) Expectations, processes, and schedules for
692750 14 interaction between a teacher and student.
693751 15 (E) A description of the specific responsibilities
694752 16 of the student's family and the school district with
695753 17 respect to equipment, materials, phone and Internet
696754 18 service, and any other requirements applicable to the
697755 19 home or other location outside of a school building
698756 20 necessary for the delivery of the remote educational
699757 21 program.
700758 22 (F) If applicable, a description of how the remote
701759 23 educational program will be delivered in a manner
702760 24 consistent with the student's individualized education
703761 25 program required by Section 614(d) of the federal
704762 26 Individuals with Disabilities Education Improvement
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715773 1 Act of 2004 or plan to ensure compliance with Section
716774 2 504 of the federal Rehabilitation Act of 1973.
717775 3 (G) A description of the procedures and
718776 4 opportunities for participation in academic and
719777 5 extracurricular activities and programs within the
720778 6 school district.
721779 7 (H) The identification of a parent, guardian, or
722780 8 other responsible adult who will provide direct
723781 9 supervision of the program. The plan must include an
724782 10 acknowledgment by the parent, guardian, or other
725783 11 responsible adult that he or she may engage only in
726784 12 non-teaching duties not requiring instructional
727785 13 judgment or the evaluation of a student. The plan
728786 14 shall designate the parent, guardian, or other
729787 15 responsible adult as non-teaching personnel or
730788 16 volunteer personnel under subsection (a) of Section
731789 17 10-22.34 of this Code.
732790 18 (I) The identification of a school district
733791 19 administrator who will oversee the remote educational
734792 20 program on behalf of the school district and who may be
735793 21 contacted by the student's parents with respect to any
736794 22 issues or concerns with the program.
737795 23 (J) The term of the student's participation in the
738796 24 remote educational program, which may not extend for
739797 25 longer than 12 months, unless the term is renewed by
740798 26 the district in accordance with subdivision (7) of
741799
742800
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751809 1 this subsection (a).
752810 2 (K) A description of the specific location or
753811 3 locations in which the program will be delivered. If
754812 4 the remote educational program is to be delivered to a
755813 5 student in any location other than the student's home,
756814 6 the plan must include a written determination by the
757815 7 school district that the location will provide a
758816 8 learning environment appropriate for the delivery of
759817 9 the program. The location or locations in which the
760818 10 program will be delivered shall be deemed a long
761819 11 distance teaching reception area under subsection (a)
762820 12 of Section 10-22.34 of this Code.
763821 13 (L) Certification by the school district that the
764822 14 plan meets all other requirements of this Section.
765823 15 (6) Students participating in a remote educational
766824 16 program must be enrolled in a school district attendance
767825 17 center pursuant to the school district's enrollment policy
768826 18 or policies. A student participating in a remote
769827 19 educational program must be tested as part of all
770828 20 assessments administered by the school district pursuant
771829 21 to Section 2-3.64a-5 of this Code at the attendance center
772830 22 in which the student is enrolled and in accordance with
773831 23 the attendance center's assessment policies and schedule.
774832 24 The student must be included within all accountability
775833 25 determinations for the school district and attendance
776834 26 center under State and federal law.
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779837
780838
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787845 1 (7) The term of a student's participation in a remote
788846 2 educational program may not extend for longer than 12
789847 3 months, unless the term is renewed by the school district.
790848 4 The district may only renew a student's participation in a
791849 5 remote educational program following an evaluation of the
792850 6 student's progress in the program, a determination that
793851 7 the student's continuation in the program will best serve
794852 8 the student's individual learning needs, and an amendment
795853 9 to the student's written remote educational plan
796854 10 addressing any changes for the upcoming term of the
797855 11 program.
798856 12 For purposes of this Section, a remote educational program
799857 13 does not include instruction delivered to students through an
800858 14 e-learning program approved under Section 10-20.56 of this
801859 15 Code, a remote and blended remote learning day plan under
802860 16 Section 10-30 or 34-18.66 of this Code, or a remote learning
803861 17 plan under Section 10-31 or 34-18.82 of this Code.
804862 18 (b) A school district may, by resolution of its school
805863 19 board, establish a remote educational program.
806864 20 (c) (Blank).
807865 21 (d) The impact of remote educational programs on wages,
808866 22 hours, and terms and conditions of employment of educational
809867 23 employees within the school district shall be subject to local
810868 24 collective bargaining agreements.
811869 25 (e) The use of a home or other location outside of a school
812870 26 building for a remote educational program shall not cause the
813871
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819877
820878
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822- SB1470 Engrossed - 24 - LRB103 27385 RJT 53757 b
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823881 1 home or other location to be deemed a public school facility.
824882 2 (f) A remote educational program may be used, but is not
825883 3 required, for instruction delivered to a student in the home
826884 4 or other location outside of a school building that is not
827885 5 claimed for evidence-based funding purposes under Section
828886 6 18-8.15 of this Code.
829887 7 (g) School districts that, pursuant to this Section, adopt
830888 8 a policy for a remote educational program must submit to the
831889 9 State Board of Education a copy of the policy and any
832890 10 amendments thereto, as well as data on student participation
833891 11 in a format specified by the State Board of Education. The
834892 12 State Board of Education may perform or contract with an
835893 13 outside entity to perform an evaluation of remote educational
836894 14 programs in this State.
837895 15 (h) The State Board of Education may adopt any rules
838896 16 necessary to ensure compliance by remote educational programs
839897 17 with the requirements of this Section and other applicable
840898 18 legal requirements.
841899 19 (Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
842900 20 (105 ILCS 5/10-30)
843901 21 Sec. 10-30. Remote and blended remote learning; public
844902 22 health emergency. This Section applies if the Governor has
845903 23 declared a disaster due to a public health emergency pursuant
846904 24 to Section 7 of the Illinois Emergency Management Agency Act.
847905 25 (1) If the Governor has declared a disaster due to a
848906
849907
850908
851909
852910
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854912
855913
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857- SB1470 Engrossed - 25 - LRB103 27385 RJT 53757 b
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915+ SB1470 - 25 - LRB103 27385 RJT 53757 b
858916 1 public health emergency pursuant to Section 7 of the
859917 2 Illinois Emergency Management Agency Act, the State
860918 3 Superintendent of Education may declare a requirement to
861919 4 use remote learning days or blended remote learning days
862920 5 for a school district, multiple school districts, a
863921 6 region, or the entire State. During remote learning days,
864922 7 schools shall conduct instruction remotely. During blended
865923 8 remote learning days, schools may utilize hybrid models of
866924 9 in-person and remote instruction. Once declared, remote
867925 10 learning days or blended remote learning days shall be
868926 11 implemented in grades pre-kindergarten through 12 as days
869927 12 of attendance and shall be deemed pupil attendance days
870928 13 for calculation of the length of a school term under
871929 14 Section 10-19.
872930 15 (2) For purposes of this Section, a remote learning
873931 16 day or blended remote learning day may be met through a
874932 17 district's implementation of an e-learning program under
875933 18 Section 10-20.56 or a remote learning plan under Section
876934 19 10-31.
877935 20 (3) For any district that does not implement an
878936 21 e-learning program under Section 10-20.56 or a remote
879937 22 learning plan under Section 10-31, the district shall
880938 23 adopt a remote and blended remote learning day plan
881939 24 approved by the district superintendent. Each district may
882940 25 utilize remote and blended remote learning planning days,
883941 26 consecutively or in separate increments, to develop,
884942
885943
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887945
888946
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890948
891949
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893- SB1470 Engrossed - 26 - LRB103 27385 RJT 53757 b
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951+ SB1470 - 26 - LRB103 27385 RJT 53757 b
894952 1 review, or amend its remote and blended remote learning
895953 2 day plan or provide professional development to staff
896954 3 regarding remote education. Up to 5 remote and blended
897955 4 remote learning planning days may be deemed pupil
898956 5 attendance days for calculation of the length of a school
899957 6 term under Section 10-19.
900958 7 (4) Each remote and blended remote learning day plan
901959 8 shall address the following:
902960 9 (i) accessibility of the remote instruction to all
903961 10 students enrolled in the district;
904962 11 (ii) if applicable, a requirement that the remote
905963 12 learning day and blended remote learning day
906964 13 activities reflect State learning standards;
907965 14 (iii) a means for students to confer with an
908966 15 educator, as necessary;
909967 16 (iv) the unique needs of students in special
910968 17 populations, including, but not limited to, students
911969 18 eligible for special education under Article 14,
912970 19 students who are English learners as defined in
913971 20 Section 14C-2, and students experiencing homelessness
914972 21 under the Education for Homeless Children Act, or
915973 22 vulnerable student populations;
916974 23 (v) how the district will take attendance and
917975 24 monitor and verify each student's remote
918976 25 participation; and
919977 26 (vi) transitions from remote learning to on-site
920978
921979
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923981
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927985
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929- SB1470 Engrossed - 27 - LRB103 27385 RJT 53757 b
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930988 1 learning upon the State Superintendent's declaration
931989 2 that remote learning days or blended remote learning
932990 3 days are no longer deemed necessary.
933991 4 (5) The district superintendent shall periodically
934992 5 review and amend the district's remote and blended remote
935993 6 learning day plan, as needed, to ensure the plan meets the
936994 7 needs of all students.
937995 8 (6) Each remote and blended remote learning day plan
938996 9 shall be posted on the district's Internet website where
939997 10 other policies, rules, and standards of conduct are posted
940998 11 and shall be provided to students and faculty.
941999 12 (7) This Section does not create any additional
9421000 13 employee bargaining rights and does not remove any
9431001 14 employee bargaining rights.
9441002 15 (8) Statutory and regulatory curricular mandates and
9451003 16 offerings may be administered via a district's remote and
9461004 17 blended remote learning day plan, except that a district
9471005 18 may not offer individual behind-the-wheel instruction
9481006 19 required by Section 27-24.2 via a district's remote and
9491007 20 blended remote learning day plan. This Section does not
9501008 21 relieve schools and districts from completing all
9511009 22 statutory and regulatory curricular mandates and
9521010 23 offerings.
9531011 24 (Source: P.A. 101-643, eff. 6-18-20.)
9541012 25 (105 ILCS 5/10-31 new)
9551013
9561014
9571015
9581016
9591017
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9621020
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964- SB1470 Engrossed - 28 - LRB103 27385 RJT 53757 b
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9651023 1 Sec. 10-31. Remote learning.
9661024 2 (a) A school district may utilize a remote learning day
9671025 3 meeting the requirements of this Section in lieu of the
9681026 4 district's scheduled emergency days as required by Section
9691027 5 10-19 of this Code or because a school was selected to be a
9701028 6 polling place under Section 11-4.1 of the Election Code.
9711029 7 However, in no case may a school district utilize more than 5
9721030 8 remote learning days under this Section in a school year. A
9731031 9 remote learning day under this Section shall be deemed a pupil
9741032 10 attendance day for calculation of the length of the school
9751033 11 term under Section 10-19 of this Code.
9761034 12 (b) The district superintendent must approve a remote
9771035 13 learning plan for the district before the district may utilize
9781036 14 a remote learning day under this Section. The remote learning
9791037 15 plan must address all of the following:
9801038 16 (1) The accessibility of remote instruction, including
9811039 17 non-electronic materials, to all students enrolled in the
9821040 18 district.
9831041 19 (2) The requirement that remote learning day
9841042 20 activities reflect State learning standards, if
9851043 21 applicable.
9861044 22 (3) A means for a student to confer with an educator,
9871045 23 as necessary.
9881046 24 (4) The unique needs of a student in a special
9891047 25 population, including, but not limited to, a student
9901048 26 eligible for special education services under Article 14
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9921050
9931051
9941052
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9981056
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1058+ SB1470 - 29 - LRB103 27385 RJT 53757 b
10011059 1 of this Code, a student who is an English learner, as
10021060 2 defined in Section 14C-2 of this Code, or a student who is
10031061 3 a homeless person, child, or youth, as defined in the
10041062 4 Education for Homeless Children Act, or other vulnerable
10051063 5 student population.
10061064 6 (5) How the district will take attendance and monitor
10071065 7 and verify each student's remote participation.
10081066 8 (6) An assurance of at least 5 clock hours of school
10091067 9 work, as required under Section 10-19.05 of this Code, for
10101068 10 each student participating in the remote learning day.
1011-11 Before the district superintendent approves a remote
1012-12 learning plan, the school board must hold a public hearing on
1013-13 the district's initial proposal for a remote learning plan or
1014-14 for renewal of a remote learning plan at a regular or special
1015-15 meeting of the school board, at which meeting the terms of the
1016-16 proposal or renewal must be substantially presented and an
1017-17 opportunity for allowing public comments must be provided.
1018-18 Approval of a remote learning plan by the district
1019-19 superintendent shall be for an initial term of 3 years. Every 3
1020-20 years thereafter, the district superintendent shall review the
1021-21 plan and make any necessary changes. During the 3-year term of
1022-22 a remote learning plan, the district superintendent may
1023-23 periodically review and amend the plan as needed to ensure
1024-24 that the plan meets the needs of all students and faculty.
1069+11 Approval of a remote learning plan by the district
1070+12 superintendent shall be for an initial term of 3 years. Every 3
1071+13 years thereafter, the district superintendent shall review the
1072+14 plan and make any necessary changes. During the 3-year term of
1073+15 a remote learning plan, the district superintendent may
1074+16 periodically review and amend the plan as needed to ensure
1075+17 that the plan meets the needs of all students and faculty.
1076+18 The remote learning plan must be posted on the district's
1077+19 Internet website where other policies, rules, and standards of
1078+20 conduct are posted and must be provided to students and
1079+21 faculty. Any changes to the remote learning plan must be
1080+22 posted on the district's Internet website.
1081+23 (c) The district must provide effective notice to students
1082+24 and their parents or guardians of the use of a particular day
1083+25 as a remote learning day.
1084+26 (d) The district must provide students and faculty with
1085+
1086+
1087+
1088+
1089+
1090+ SB1470 - 29 - LRB103 27385 RJT 53757 b
1091+
1092+
1093+SB1470- 30 -LRB103 27385 RJT 53757 b SB1470 - 30 - LRB103 27385 RJT 53757 b
1094+ SB1470 - 30 - LRB103 27385 RJT 53757 b
1095+1 adequate training on how to participate in a remote learning
1096+2 day.
1097+3 (e) The district shall ensure an opportunity for any
1098+4 collective bargaining negotiations with representatives of the
1099+5 district's employees that would be legally required, including
1100+6 all classifications of district employees who are represented
1101+7 by a collective bargaining agreement and who would be affected
1102+8 in the event a remote learning day is used.
1103+9 (f) Statutory and regulatory curricular mandates and
1104+10 offerings may be administered via remote learning under the
1105+11 remote learning plan. This Section does not relieve a school
1106+12 or district from completing all statutory and regulatory
1107+13 curricular mandates and offerings.
1108+14 (g) A remote learning day may utilize the Internet,
1109+15 telephones, texts, chat rooms, or other similar means of
1110+16 electronic communication for instruction and interaction
1111+17 between educators and students if such utilization meets the
1112+18 needs of all learners.
1113+19 (h) A school district shall pay its employees who provide
1114+20 educational support services to the district, including, but
1115+21 not limited to, custodial employees, building maintenance
1116+22 employees, transportation employees, food service providers,
1117+23 classroom assistants, and administrative staff, their daily,
1118+24 regular rate of pay and benefits rendered for any school
1119+25 closure, remote learning day, or e-learning day if the
1120+26 closure, remote learning day, or e-learning day precludes them
1121+
1122+
1123+
1124+
1125+
1126+ SB1470 - 30 - LRB103 27385 RJT 53757 b
1127+
1128+
1129+SB1470- 31 -LRB103 27385 RJT 53757 b SB1470 - 31 - LRB103 27385 RJT 53757 b
1130+ SB1470 - 31 - LRB103 27385 RJT 53757 b
1131+1 from performing their regularly scheduled duties and they
1132+2 would have reported for work but for the closure, remote
1133+3 learning day, or e-learning day; however, this requirement
1134+4 does not apply if the day is rescheduled and the employees will
1135+5 be paid their daily, regular rate of pay and benefits for the
1136+6 rescheduled day if services are rendered.
1137+7 (i) A school district shall make the full payment that
1138+8 would have otherwise been paid to its contractors who provide
1139+9 educational support services to the district, including, but
1140+10 not limited to, custodial services, building maintenance,
1141+11 transportation, food service, classroom assistance, or
1142+12 administrative services, including their employees' daily,
1143+13 regular rate of pay and benefits rendered, for any school
1144+14 closure, remote learning day, or e-learning day if the
1145+15 closure, remote learning day, or e-learning day precludes them
1146+16 from performing their regularly scheduled duties and the
1147+17 employees would have reported for work but for the closure,
1148+18 remote learning day, or e-learning day. The employees who
1149+19 provide the educational support services covered by such
1150+20 contracts shall be paid their daily bid package rates and
1151+21 benefits, as defined by their local operating agreements or
1152+22 collective bargaining agreements, if any; however, this
1153+23 requirement does not apply if the day is rescheduled and the
1154+24 employees will be paid their daily, regular rate of pay and
1155+25 benefits for the rescheduled day if services are rendered.
1156+26 (j) The State Board of Education may adopt rules
1157+
1158+
1159+
1160+
1161+
1162+ SB1470 - 31 - LRB103 27385 RJT 53757 b
1163+
1164+
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1166+ SB1470 - 32 - LRB103 27385 RJT 53757 b
1167+1 consistent with the provisions of this Section that are
1168+2 necessary to implement this Section.
1169+3 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
1170+4 Sec. 18-12. Dates for filing State aid claims. The school
1171+5 board of each school district, a regional office of education,
1172+6 a laboratory school, or a State-authorized charter school
1173+7 shall require teachers, principals, or superintendents to
1174+8 furnish from records kept by them such data as it needs in
1175+9 preparing and certifying to the State Superintendent of
1176+10 Education its report of claims provided in Section 18-8.05 or
1177+11 18-8.15 of this Code. The claim shall be based on the latest
1178+12 available equalized assessed valuation and tax rates, as
1179+13 provided in Section 18-8.05 or 18-8.15, shall use the average
1180+14 daily attendance as determined by the method outlined in
1181+15 Section 18-8.05 or 18-8.15, and shall be certified and filed
1182+16 with the State Superintendent of Education by June 21 for
1183+17 districts and State-authorized charter schools with an
1184+18 official school calendar end date before June 15 or within 2
1185+19 weeks following the official school calendar end date for
1186+20 districts, regional offices of education, laboratory schools,
1187+21 or State-authorized charter schools with a school year end
1188+22 date of June 15 or later. Failure to so file by these deadlines
1189+23 constitutes a forfeiture of the right to receive payment by
1190+24 the State until such claim is filed. The State Superintendent
1191+25 of Education shall voucher for payment those claims to the
1192+
1193+
1194+
1195+
1196+
1197+ SB1470 - 32 - LRB103 27385 RJT 53757 b
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1199+
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1201+ SB1470 - 33 - LRB103 27385 RJT 53757 b
1202+1 State Comptroller as provided in Section 18-11.
1203+2 Except as otherwise provided in this Section, if any
1204+3 school district fails to provide the minimum school term
1205+4 specified in Section 10-19, the State aid claim for that year
1206+5 shall be reduced by the State Superintendent of Education in
1207+6 an amount equivalent to 1/176 or .56818% for each day less than
1208+7 the number of days required by this Code.
1209+8 If the State Superintendent of Education determines that
1210+9 the failure to provide the minimum school term was occasioned
1211+10 by an act or acts of God, or was occasioned by conditions
1212+11 beyond the control of the school district which posed a
1213+12 hazardous threat to the health and safety of pupils, the State
1214+13 aid claim need not be reduced.
1215+14 If a school district is precluded from providing the
1216+15 minimum hours of instruction required for a full day of
1217+16 attendance due to (A) an adverse weather condition, (B) a
1218+17 condition beyond the control of the school district that poses
1219+18 a hazardous threat to the health and safety of students, or (C)
1220+19 beginning with the 2016-2017 school year, the utilization of
1221+20 the school district's facilities for not more than 2 school
1222+21 days per school year by local or county authorities for the
1223+22 purpose of holding a memorial or funeral services in
1224+23 remembrance of a community member, then the partial day of
1225+24 attendance may be counted if (i) the school district has
1226+25 provided at least one hour of instruction prior to the closure
1227+26 of the school district, (ii) a school building has provided at
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1238+1 least one hour of instruction prior to the closure of the
1239+2 school building, or (iii) the normal start time of the school
1240+3 district is delayed.
1241+4 If, prior to providing any instruction, a school district
1242+5 must close one or more but not all school buildings after
1243+6 consultation with a local emergency response agency or due to
1244+7 a condition beyond the control of the school district, then
1245+8 the school district may claim attendance for up to 2 school
1246+9 days based on the average attendance of the 3 school days
1247+10 immediately preceding the closure of the affected school
1248+11 building or, if approved by the State Board of Education,
1249+12 utilize the provisions of an e-learning program under Section
1250+13 10-20.56 of this Code or a remote learning plan under Section
1251+14 10-31 or 34-18.82 of this Code for the affected school
1252+15 building as prescribed in Section 10-20.56 of this Code. The
1253+16 partial or no day of attendance described in this Section and
1254+17 the reasons therefore shall be certified within a month of the
1255+18 closing or delayed start by the school district superintendent
1256+19 to the regional superintendent of schools for forwarding to
1257+20 the State Superintendent of Education for approval.
1258+21 Other than the utilization of any e-learning days as
1259+22 prescribed in Section 10-20.56 of this Code or remote learning
1260+23 days as prescribed in Section 10-31 or 34-18.82 of this Code,
1261+24 no exception to the requirement of providing a minimum school
1262+25 term may be approved by the State Superintendent of Education
1263+26 pursuant to this Section unless a school district has first
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1274+1 used all emergency days provided for in its regular calendar.
1275+2 If the State Superintendent of Education declares that an
1276+3 energy shortage exists during any part of the school year for
1277+4 the State or a designated portion of the State, a district may
1278+5 operate the school attendance centers within the district 4
1279+6 days of the week during the time of the shortage by extending
1280+7 each existing school day by one clock hour of school work, and
1281+8 the State aid claim shall not be reduced, nor shall the
1282+9 employees of that district suffer any reduction in salary or
1283+10 benefits as a result thereof. A district may operate all
1284+11 attendance centers on this revised schedule, or may apply the
1285+12 schedule to selected attendance centers, taking into
1286+13 consideration such factors as pupil transportation schedules
1287+14 and patterns and sources of energy for individual attendance
1288+15 centers.
1289+16 Electronically submitted State aid claims shall be
1290+17 submitted by duly authorized district individuals over a
1291+18 secure network that is password protected. The electronic
1292+19 submission of a State aid claim must be accompanied with an
1293+20 affirmation that all of the provisions of Section 18-8.05 or
1294+21 18-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
1295+22 all respects.
1296+23 (Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
1297+24 100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
1298+25 8-14-18.)
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1309+1 (105 ILCS 5/34-18.66)
1310+2 Sec. 34-18.66. Remote and blended remote learning; public
1311+3 health emergency. This Section applies if the Governor has
1312+4 declared a disaster due to a public health emergency pursuant
1313+5 to Section 7 of the Illinois Emergency Management Agency Act.
1314+6 (1) If the Governor has declared a disaster due to a
1315+7 public health emergency pursuant to Section 7 of the
1316+8 Illinois Emergency Management Agency Act, the State
1317+9 Superintendent of Education may declare a requirement to
1318+10 use remote learning days or blended remote learning days
1319+11 for the school district, multiple school districts, a
1320+12 region, or the entire State. During remote learning days,
1321+13 schools shall conduct instruction remotely. During blended
1322+14 remote learning days, schools may utilize hybrid models of
1323+15 in-person and remote instruction. Once declared, remote
1324+16 learning days or blended remote learning days shall be
1325+17 implemented in grades pre-kindergarten through 12 as days
1326+18 of attendance and shall be deemed pupil attendance days
1327+19 for calculation of the length of a school term under
1328+20 Section 10-19.
1329+21 (2) For purposes of this Section, a remote learning
1330+22 day or blended remote learning day may be met through the
1331+23 district's implementation of an e-learning program under
1332+24 Section 10-20.56 or a remote learning plan under Section
1333+25 34-18.82.
1334+26 (3) If the district does not implement an e-learning
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1345+1 program under Section 10-20.56 or a remote learning plan
1346+2 under Section 34-18.82, the district shall adopt a remote
1347+3 and blended remote learning day plan approved by the
1348+4 general superintendent of schools. The district may
1349+5 utilize remote and blended remote learning planning days,
1350+6 consecutively or in separate increments, to develop,
1351+7 review, or amend its remote and blended remote learning
1352+8 day plan or provide professional development to staff
1353+9 regarding remote education. Up to 5 remote and blended
1354+10 remote learning planning days may be deemed pupil
1355+11 attendance days for calculation of the length of a school
1356+12 term under Section 10-19.
1357+13 (4) Each remote and blended remote learning day plan
1358+14 shall address the following:
1359+15 (i) accessibility of the remote instruction to all
1360+16 students enrolled in the district;
1361+17 (ii) if applicable, a requirement that the remote
1362+18 learning day and blended remote learning day
1363+19 activities reflect State learning standards;
1364+20 (iii) a means for students to confer with an
1365+21 educator, as necessary;
1366+22 (iv) the unique needs of students in special
1367+23 populations, including, but not limited to, students
1368+24 eligible for special education under Article 14,
1369+25 students who are English learners as defined in
1370+26 Section 14C-2, and students experiencing homelessness
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1381+1 under the Education for Homeless Children Act, or
1382+2 vulnerable student populations;
1383+3 (v) how the district will take attendance and
1384+4 monitor and verify each student's remote
1385+5 participation; and
1386+6 (vi) transitions from remote learning to on-site
1387+7 learning upon the State Superintendent's declaration
1388+8 that remote learning days or blended remote learning
1389+9 days are no longer deemed necessary.
1390+10 (5) The general superintendent of schools shall
1391+11 periodically review and amend the district's remote and
1392+12 blended remote learning day plan, as needed, to ensure the
1393+13 plan meets the needs of all students.
1394+14 (6) Each remote and blended remote learning day plan
1395+15 shall be posted on the district's Internet website where
1396+16 other policies, rules, and standards of conduct are posted
1397+17 and shall be provided to students and faculty.
1398+18 (7) This Section does not create any additional
1399+19 employee bargaining rights and does not remove any
1400+20 employee bargaining rights.
1401+21 (8) Statutory and regulatory curricular mandates and
1402+22 offerings may be administered via the district's remote
1403+23 and blended remote learning day plan, except that the
1404+24 district may not offer individual behind-the-wheel
1405+25 instruction required by Section 27-24.2 via the district's
1406+26 remote and blended remote learning day plan. This Section
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1417+1 does not relieve schools and the district from completing
1418+2 all statutory and regulatory curricular mandates and
1419+3 offerings.
1420+4 (Source: P.A. 101-643, eff. 6-18-20.)
1421+5 (105 ILCS 5/34-18.82 new)
1422+6 Sec. 34-18.82. Remote learning.
1423+7 (a) The school district may utilize a remote learning day
1424+8 meeting the requirements of this Section in lieu of the
1425+9 district's scheduled emergency days as required by Section
1426+10 10-19 of this Code or because a school was selected to be a
1427+11 polling place under Section 11-4.1 of the Election Code.
1428+12 However, in no case may the district utilize more than 5 remote
1429+13 learning days under this Section in a school year. A remote
1430+14 learning day under this Section shall be deemed a pupil
1431+15 attendance day for calculation of the length of the school
1432+16 term under Section 10-19 of this Code.
1433+17 (b) The general superintendent of schools must approve a
1434+18 remote learning plan for the district before the district may
1435+19 utilize a remote learning day under this Section. The remote
1436+20 learning plan must address all of the following:
1437+21 (1) The accessibility of remote instruction, including
1438+22 non-electronic materials, to all students enrolled in the
1439+23 district.
1440+24 (2) The requirement that remote learning day
1441+25 activities reflect State learning standards, if
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1452+1 applicable.
1453+2 (3) A means for a student to confer with an educator,
1454+3 as necessary.
1455+4 (4) The unique needs of a student in a special
1456+5 population, including, but not limited to, a student
1457+6 eligible for special education services under Article 14
1458+7 of this Code, a student who is an English learner, as
1459+8 defined in Section 14C-2 of this Code, or a student who is
1460+9 a homeless person, child, or youth, as defined in the
1461+10 Education for Homeless Children Act, or other vulnerable
1462+11 student population.
1463+12 (5) How the district will take attendance and monitor
1464+13 and verify each student's remote participation.
1465+14 (6) An assurance of at least 5 clock hours of school
1466+15 work, as required under Section 10-19.05 of this Code, for
1467+16 each student participating in the remote learning day.
1468+17 Approval of a remote learning plan by the general
1469+18 superintendent of schools shall be for an initial term of 3
1470+19 years. Every 3 years thereafter, the general superintendent of
1471+20 schools shall review the plan and make any necessary changes.
1472+21 During the 3-year term of a remote learning plan, the general
1473+22 superintendent of schools may periodically review and amend
1474+23 the plan as needed to ensure that the plan meets the needs of
1475+24 all students and faculty.
10251476 25 The remote learning plan must be posted on the district's
10261477 26 Internet website where other policies, rules, and standards of
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10371488 1 conduct are posted and must be provided to students and
10381489 2 faculty. Any changes to the remote learning plan must be
10391490 3 posted on the district's Internet website.
10401491 4 (c) The district must provide effective notice to students
10411492 5 and their parents or guardians of the use of a particular day
10421493 6 as a remote learning day.
10431494 7 (d) The district must provide students and faculty with
10441495 8 adequate training on how to participate in a remote learning
10451496 9 day.
10461497 10 (e) The district shall ensure an opportunity for any
10471498 11 collective bargaining negotiations with representatives of the
10481499 12 district's employees that would be legally required, including
10491500 13 all classifications of district employees who are represented
10501501 14 by a collective bargaining agreement and who would be affected
10511502 15 in the event a remote learning day is used.
10521503 16 (f) Statutory and regulatory curricular mandates and
10531504 17 offerings may be administered via remote learning under the
10541505 18 remote learning plan. This Section does not relieve a school
1055-19 or district from completing all statutory and regulatory
1506+19 or the district from completing all statutory and regulatory
10561507 20 curricular mandates and offerings.
10571508 21 (g) A remote learning day may utilize the Internet,
10581509 22 telephones, texts, chat rooms, or other similar means of
10591510 23 electronic communication for instruction and interaction
10601511 24 between educators and students if such utilization meets the
10611512 25 needs of all learners.
1062-26 (h) A school district shall pay its employees who provide
1513+26 (h) The district shall pay its employees who provide
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10731524 1 educational support services to the district, including, but
10741525 2 not limited to, custodial employees, building maintenance
10751526 3 employees, transportation employees, food service providers,
10761527 4 classroom assistants, and administrative staff, their daily,
10771528 5 regular rate of pay and benefits rendered for any school
10781529 6 closure, remote learning day, or e-learning day if the
10791530 7 closure, remote learning day, or e-learning day precludes them
10801531 8 from performing their regularly scheduled duties and they
10811532 9 would have reported for work but for the closure, remote
10821533 10 learning day, or e-learning day; however, this requirement
10831534 11 does not apply if the day is rescheduled and the employees will
10841535 12 be paid their daily, regular rate of pay and benefits for the
10851536 13 rescheduled day if services are rendered.
1086-14 (i) A school district shall make full payment that would
1537+14 (i) The district shall make the full payment that would
10871538 15 have otherwise been paid to its contractors who provide
10881539 16 educational support services to the district, including, but
1089-17 not limited to, custodial, building maintenance,
1090-18 transportation, food service providers, classroom assistants,
1091-19 or administrative staff, their daily, regular rate of pay and
1092-20 benefits rendered for any school closure, remote learning day
1093-21 or e-learning day if the closure precludes them from
1094-22 performing their regularly scheduled duties and the employees
1095-23 would have reported for work but for the closure, remote
1096-24 learning day, or e-learning day, except this requirement does
1097-25 not apply if the day is rescheduled and the employee will be
1098-26 paid their daily, regular rate of pay and benefits for the
1540+17 not limited to, custodial services, building maintenance,
1541+18 transportation, food service, classroom assistance, or
1542+19 administrative services, including their employees' daily,
1543+20 regular rate of pay and benefits rendered, for any school
1544+21 closure, remote learning day, or e-learning day if the
1545+22 closure, remote learning day, or e-learning day precludes them
1546+23 from performing their regularly scheduled duties and the
1547+24 employees would have reported for work but for the closure,
1548+25 remote learning day, or e-learning day. The employees who
1549+26 provide the educational support services covered by such
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1109-1 rescheduled day when services are rendered.
1110-2 (j) The State Board of Education may adopt rules
1111-3 consistent with the provisions of this Section that are
1112-4 necessary to implement this Section.
1113-5 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
1114-6 Sec. 18-12. Dates for filing State aid claims. The school
1115-7 board of each school district, a regional office of education,
1116-8 a laboratory school, or a State-authorized charter school
1117-9 shall require teachers, principals, or superintendents to
1118-10 furnish from records kept by them such data as it needs in
1119-11 preparing and certifying to the State Superintendent of
1120-12 Education its report of claims provided in Section 18-8.05 or
1121-13 18-8.15 of this Code. The claim shall be based on the latest
1122-14 available equalized assessed valuation and tax rates, as
1123-15 provided in Section 18-8.05 or 18-8.15, shall use the average
1124-16 daily attendance as determined by the method outlined in
1125-17 Section 18-8.05 or 18-8.15, and shall be certified and filed
1126-18 with the State Superintendent of Education by June 21 for
1127-19 districts and State-authorized charter schools with an
1128-20 official school calendar end date before June 15 or within 2
1129-21 weeks following the official school calendar end date for
1130-22 districts, regional offices of education, laboratory schools,
1131-23 or State-authorized charter schools with a school year end
1132-24 date of June 15 or later. Failure to so file by these deadlines
1133-25 constitutes a forfeiture of the right to receive payment by
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1560+1 contracts shall be paid their daily bid package rates and
1561+2 benefits, as defined by their local operating agreements or
1562+3 collective bargaining agreements, if any; however, this
1563+4 requirement does not apply if the day is rescheduled and the
1564+5 employees will be paid their daily, regular rate of pay and
1565+6 benefits for the rescheduled day if services are rendered.
1566+7 (j) The State Board of Education may adopt rules
1567+8 consistent with the provisions of this Section that are
1568+9 necessary to implement this Section.
1569+10 Section 99. Effective date. This Act takes effect July 1,
1570+11 2023.
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1144-1 the State until such claim is filed. The State Superintendent
1145-2 of Education shall voucher for payment those claims to the
1146-3 State Comptroller as provided in Section 18-11.
1147-4 Except as otherwise provided in this Section, if any
1148-5 school district fails to provide the minimum school term
1149-6 specified in Section 10-19, the State aid claim for that year
1150-7 shall be reduced by the State Superintendent of Education in
1151-8 an amount equivalent to 1/176 or .56818% for each day less than
1152-9 the number of days required by this Code.
1153-10 If the State Superintendent of Education determines that
1154-11 the failure to provide the minimum school term was occasioned
1155-12 by an act or acts of God, or was occasioned by conditions
1156-13 beyond the control of the school district which posed a
1157-14 hazardous threat to the health and safety of pupils, the State
1158-15 aid claim need not be reduced.
1159-16 If a school district is precluded from providing the
1160-17 minimum hours of instruction required for a full day of
1161-18 attendance due to (A) an adverse weather condition, (B) a
1162-19 condition beyond the control of the school district that poses
1163-20 a hazardous threat to the health and safety of students, or (C)
1164-21 beginning with the 2016-2017 school year, the utilization of
1165-22 the school district's facilities for not more than 2 school
1166-23 days per school year by local or county authorities for the
1167-24 purpose of holding a memorial or funeral services in
1168-25 remembrance of a community member, then the partial day of
1169-26 attendance may be counted if (i) the school district has
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1180-1 provided at least one hour of instruction prior to the closure
1181-2 of the school district, (ii) a school building has provided at
1182-3 least one hour of instruction prior to the closure of the
1183-4 school building, or (iii) the normal start time of the school
1184-5 district is delayed.
1185-6 If, prior to providing any instruction, a school district
1186-7 must close one or more but not all school buildings after
1187-8 consultation with a local emergency response agency or due to
1188-9 a condition beyond the control of the school district, then
1189-10 the school district may claim attendance for up to 2 school
1190-11 days based on the average attendance of the 3 school days
1191-12 immediately preceding the closure of the affected school
1192-13 building or, if approved by the State Board of Education,
1193-14 utilize the provisions of an e-learning program under Section
1194-15 10-20.56 of this Code or a remote learning plan under Section
1195-16 10-31 or 34-18.82 of this Code for the affected school
1196-17 building as prescribed in Section 10-20.56 of this Code. The
1197-18 partial or no day of attendance described in this Section and
1198-19 the reasons therefore shall be certified within a month of the
1199-20 closing or delayed start by the school district superintendent
1200-21 to the regional superintendent of schools for forwarding to
1201-22 the State Superintendent of Education for approval.
1202-23 Other than the utilization of any e-learning days as
1203-24 prescribed in Section 10-20.56 of this Code or remote learning
1204-25 days as prescribed in Section 10-31 or 34-18.82 of this Code,
1205-26 no exception to the requirement of providing a minimum school
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1216-1 term may be approved by the State Superintendent of Education
1217-2 pursuant to this Section unless a school district has first
1218-3 used all emergency days provided for in its regular calendar.
1219-4 If the State Superintendent of Education declares that an
1220-5 energy shortage exists during any part of the school year for
1221-6 the State or a designated portion of the State, a district may
1222-7 operate the school attendance centers within the district 4
1223-8 days of the week during the time of the shortage by extending
1224-9 each existing school day by one clock hour of school work, and
1225-10 the State aid claim shall not be reduced, nor shall the
1226-11 employees of that district suffer any reduction in salary or
1227-12 benefits as a result thereof. A district may operate all
1228-13 attendance centers on this revised schedule, or may apply the
1229-14 schedule to selected attendance centers, taking into
1230-15 consideration such factors as pupil transportation schedules
1231-16 and patterns and sources of energy for individual attendance
1232-17 centers.
1233-18 Electronically submitted State aid claims shall be
1234-19 submitted by duly authorized district individuals over a
1235-20 secure network that is password protected. The electronic
1236-21 submission of a State aid claim must be accompanied with an
1237-22 affirmation that all of the provisions of Section 18-8.05 or
1238-23 18-8.15 and Sections 10-22.5 and 24-4 of this Code are met in
1239-24 all respects.
1240-25 (Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
1241-26 100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff.
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1252-1 8-14-18.)
1253-2 (105 ILCS 5/34-18.66)
1254-3 Sec. 34-18.66. Remote and blended remote learning; public
1255-4 health emergency. This Section applies if the Governor has
1256-5 declared a disaster due to a public health emergency pursuant
1257-6 to Section 7 of the Illinois Emergency Management Agency Act.
1258-7 (1) If the Governor has declared a disaster due to a
1259-8 public health emergency pursuant to Section 7 of the
1260-9 Illinois Emergency Management Agency Act, the State
1261-10 Superintendent of Education may declare a requirement to
1262-11 use remote learning days or blended remote learning days
1263-12 for the school district, multiple school districts, a
1264-13 region, or the entire State. During remote learning days,
1265-14 schools shall conduct instruction remotely. During blended
1266-15 remote learning days, schools may utilize hybrid models of
1267-16 in-person and remote instruction. Once declared, remote
1268-17 learning days or blended remote learning days shall be
1269-18 implemented in grades pre-kindergarten through 12 as days
1270-19 of attendance and shall be deemed pupil attendance days
1271-20 for calculation of the length of a school term under
1272-21 Section 10-19.
1273-22 (2) For purposes of this Section, a remote learning
1274-23 day or blended remote learning day may be met through the
1275-24 district's implementation of an e-learning program under
1276-25 Section 10-20.56 or a remote learning plan under Section
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1287-1 34-18.82.
1288-2 (3) If the district does not implement an e-learning
1289-3 program under Section 10-20.56 or a remote learning plan
1290-4 under Section 34-18.82, the district shall adopt a remote
1291-5 and blended remote learning day plan approved by the
1292-6 general superintendent of schools. The district may
1293-7 utilize remote and blended remote learning planning days,
1294-8 consecutively or in separate increments, to develop,
1295-9 review, or amend its remote and blended remote learning
1296-10 day plan or provide professional development to staff
1297-11 regarding remote education. Up to 5 remote and blended
1298-12 remote learning planning days may be deemed pupil
1299-13 attendance days for calculation of the length of a school
1300-14 term under Section 10-19.
1301-15 (4) Each remote and blended remote learning day plan
1302-16 shall address the following:
1303-17 (i) accessibility of the remote instruction to all
1304-18 students enrolled in the district;
1305-19 (ii) if applicable, a requirement that the remote
1306-20 learning day and blended remote learning day
1307-21 activities reflect State learning standards;
1308-22 (iii) a means for students to confer with an
1309-23 educator, as necessary;
1310-24 (iv) the unique needs of students in special
1311-25 populations, including, but not limited to, students
1312-26 eligible for special education under Article 14,
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1323-1 students who are English learners as defined in
1324-2 Section 14C-2, and students experiencing homelessness
1325-3 under the Education for Homeless Children Act, or
1326-4 vulnerable student populations;
1327-5 (v) how the district will take attendance and
1328-6 monitor and verify each student's remote
1329-7 participation; and
1330-8 (vi) transitions from remote learning to on-site
1331-9 learning upon the State Superintendent's declaration
1332-10 that remote learning days or blended remote learning
1333-11 days are no longer deemed necessary.
1334-12 (5) The general superintendent of schools shall
1335-13 periodically review and amend the district's remote and
1336-14 blended remote learning day plan, as needed, to ensure the
1337-15 plan meets the needs of all students.
1338-16 (6) Each remote and blended remote learning day plan
1339-17 shall be posted on the district's Internet website where
1340-18 other policies, rules, and standards of conduct are posted
1341-19 and shall be provided to students and faculty.
1342-20 (7) This Section does not create any additional
1343-21 employee bargaining rights and does not remove any
1344-22 employee bargaining rights.
1345-23 (8) Statutory and regulatory curricular mandates and
1346-24 offerings may be administered via the district's remote
1347-25 and blended remote learning day plan, except that the
1348-26 district may not offer individual behind-the-wheel
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1359-1 instruction required by Section 27-24.2 via the district's
1360-2 remote and blended remote learning day plan. This Section
1361-3 does not relieve schools and the district from completing
1362-4 all statutory and regulatory curricular mandates and
1363-5 offerings.
1364-6 (Source: P.A. 101-643, eff. 6-18-20.)
1365-7 (105 ILCS 5/34-18.82 new)
1366-8 Sec. 34-18.82. Remote learning.
1367-9 (a) The school district may utilize a remote learning day
1368-10 meeting the requirements of this Section in lieu of the
1369-11 district's scheduled emergency days as required by Section
1370-12 10-19 of this Code or because a school was selected to be a
1371-13 polling place under Section 11-4.1 of the Election Code.
1372-14 However, in no case may the district utilize more than 5 remote
1373-15 learning days under this Section in a school year. A remote
1374-16 learning day under this Section shall be deemed a pupil
1375-17 attendance day for calculation of the length of the school
1376-18 term under Section 10-19 of this Code.
1377-19 (b) The general superintendent of schools must approve a
1378-20 remote learning plan for the district before the district may
1379-21 utilize a remote learning day under this Section. The remote
1380-22 learning plan must address all of the following:
1381-23 (1) The accessibility of remote instruction, including
1382-24 non-electronic materials, to all students enrolled in the
1383-25 district.
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1394-1 (2) The requirement that remote learning day
1395-2 activities reflect State learning standards, if
1396-3 applicable.
1397-4 (3) A means for a student to confer with an educator,
1398-5 as necessary.
1399-6 (4) The unique needs of a student in a special
1400-7 population, including, but not limited to, a student
1401-8 eligible for special education services under Article 14
1402-9 of this Code, a student who is an English learner, as
1403-10 defined in Section 14C-2 of this Code, or a student who is
1404-11 a homeless person, child, or youth, as defined in the
1405-12 Education for Homeless Children Act, or other vulnerable
1406-13 student population.
1407-14 (5) How the district will take attendance and monitor
1408-15 and verify each student's remote participation.
1409-16 (6) An assurance of at least 5 clock hours of school
1410-17 work, as required under Section 10-19.05 of this Code, for
1411-18 each student participating in the remote learning day.
1412-19 Before the general superintendent approves a remote
1413-20 learning plan, the school board must hold a public hearing on
1414-21 the district's initial proposal for a remote learning plan or
1415-22 for renewal of a remote learning plan at a regular or special
1416-23 meeting of the school board, at which meeting the terms of the
1417-24 proposal or renewal must be substantially presented and an
1418-25 opportunity for allowing public comments must be provided.
1419-26 Approval of a remote learning plan by the general
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1430-1 superintendent of schools shall be for an initial term of 3
1431-2 years. Every 3 years thereafter, the general superintendent of
1432-3 schools shall review the plan and make any necessary changes.
1433-4 During the 3-year term of a remote learning plan, the general
1434-5 superintendent of schools may periodically review and amend
1435-6 the plan as needed to ensure that the plan meets the needs of
1436-7 all students and faculty.
1437-8 The remote learning plan must be posted on the district's
1438-9 Internet website where other policies, rules, and standards of
1439-10 conduct are posted and must be provided to students and
1440-11 faculty. Any changes to the remote learning plan must be
1441-12 posted on the district's Internet website.
1442-13 (c) The district must provide effective notice to students
1443-14 and their parents or guardians of the use of a particular day
1444-15 as a remote learning day.
1445-16 (d) The district must provide students and faculty with
1446-17 adequate training on how to participate in a remote learning
1447-18 day.
1448-19 (e) The district shall ensure an opportunity for any
1449-20 collective bargaining negotiations with representatives of the
1450-21 district's employees that would be legally required, including
1451-22 all classifications of district employees who are represented
1452-23 by a collective bargaining agreement and who would be affected
1453-24 in the event a remote learning day is used.
1454-25 (f) Statutory and regulatory curricular mandates and
1455-26 offerings may be administered via remote learning under the
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1466-1 remote learning plan. This Section does not relieve a school
1467-2 or the district from completing all statutory and regulatory
1468-3 curricular mandates and offerings.
1469-4 (g) A remote learning day may utilize the Internet,
1470-5 telephones, texts, chat rooms, or other similar means of
1471-6 electronic communication for instruction and interaction
1472-7 between educators and students if such utilization meets the
1473-8 needs of all learners.
1474-9 (h) The district shall pay its employees who provide
1475-10 educational support services to the district, including, but
1476-11 not limited to, custodial employees, building maintenance
1477-12 employees, transportation employees, food service providers,
1478-13 classroom assistants, and administrative staff, their daily,
1479-14 regular rate of pay and benefits rendered for any school
1480-15 closure, remote learning day, or e-learning day if the
1481-16 closure, remote learning day, or e-learning day precludes them
1482-17 from performing their regularly scheduled duties and they
1483-18 would have reported for work but for the closure, remote
1484-19 learning day, or e-learning day; however, this requirement
1485-20 does not apply if the day is rescheduled and the employees will
1486-21 be paid their daily, regular rate of pay and benefits for the
1487-22 rescheduled day if services are rendered.
1488-23 (i) A school district shall make full payment that would
1489-24 have otherwise been paid to its contractors who provide
1490-25 educational support services to the district, including, but
1491-26 not limited to, custodial, building maintenance,
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1502-1 transportation, food service providers, classroom assistants,
1503-2 or administrative staff, their daily, regular rate of pay and
1504-3 benefits rendered for any school closure, remote learning day
1505-4 or e-learning day if the closure precludes them from
1506-5 performing their regularly scheduled duties and the employees
1507-6 would have reported for work but for the closure, remote
1508-7 learning day, or e-learning day, except this requirement does
1509-8 not apply if the day is rescheduled and the employee will be
1510-9 paid their daily, regular rate of pay and benefits for the
1511-10 rescheduled day when services are rendered.
1512-11 (j) The State Board of Education may adopt rules
1513-12 consistent with the provisions of this Section that are
1514-13 necessary to implement this Section.
1515-14 Section 99. Effective date. This Act takes effect July 1,
1516-15 2023.
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