104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2821 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 Amends the School Boards Article of the School Code. In provisions concerning e-learning days, provides that a school or school district that offers e-learning days may not use any real property owned or leased by a school or school district to house migrants while students are not present at a school. Provides that a school or school district may not utilize an e-learning day to house migrants on any real property owned or leased by the school or school district due to a mandate by a unit of local government that the school or school district house migrants on any real property owned or leased by the school or school district. LRB104 06553 LNS 16589 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2821 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 Amends the School Boards Article of the School Code. In provisions concerning e-learning days, provides that a school or school district that offers e-learning days may not use any real property owned or leased by a school or school district to house migrants while students are not present at a school. Provides that a school or school district may not utilize an e-learning day to house migrants on any real property owned or leased by the school or school district due to a mandate by a unit of local government that the school or school district house migrants on any real property owned or leased by the school or school district. LRB104 06553 LNS 16589 b LRB104 06553 LNS 16589 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2821 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 Amends the School Boards Article of the School Code. In provisions concerning e-learning days, provides that a school or school district that offers e-learning days may not use any real property owned or leased by a school or school district to house migrants while students are not present at a school. Provides that a school or school district may not utilize an e-learning day to house migrants on any real property owned or leased by the school or school district due to a mandate by a unit of local government that the school or school district house migrants on any real property owned or leased by the school or school district. LRB104 06553 LNS 16589 b LRB104 06553 LNS 16589 b LRB104 06553 LNS 16589 b A BILL FOR HB2821LRB104 06553 LNS 16589 b HB2821 LRB104 06553 LNS 16589 b HB2821 LRB104 06553 LNS 16589 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing Section 5 10-20.56 as follows: 6 (105 ILCS 5/10-20.56) 7 Sec. 10-20.56. E-learning days. 8 (a) The State Board of Education shall establish and 9 maintain, for implementation in school districts, a program 10 for use of electronic-learning (e-learning) days, as described 11 in this Section. School districts may utilize a program 12 approved under this Section for use during remote learning 13 days and blended remote learning days under Section 10-30 or 14 34-18.66. 15 (b) The school board of a school district may, by 16 resolution, adopt a research-based program or research-based 17 programs for e-learning days district-wide that shall permit 18 student instruction to be received electronically while 19 students are not physically present in lieu of the district's 20 scheduled emergency days as required by Section 10-19 of this 21 Code or because a school was selected to be a polling place 22 under Section 11-4.1 of the Election Code. The research-based 23 program or programs may not exceed the minimum number of 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2821 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 105 ILCS 5/10-20.56 Amends the School Boards Article of the School Code. In provisions concerning e-learning days, provides that a school or school district that offers e-learning days may not use any real property owned or leased by a school or school district to house migrants while students are not present at a school. Provides that a school or school district may not utilize an e-learning day to house migrants on any real property owned or leased by the school or school district due to a mandate by a unit of local government that the school or school district house migrants on any real property owned or leased by the school or school district. LRB104 06553 LNS 16589 b LRB104 06553 LNS 16589 b LRB104 06553 LNS 16589 b A BILL FOR 105 ILCS 5/10-20.56 LRB104 06553 LNS 16589 b HB2821 LRB104 06553 LNS 16589 b HB2821- 2 -LRB104 06553 LNS 16589 b HB2821 - 2 - LRB104 06553 LNS 16589 b HB2821 - 2 - LRB104 06553 LNS 16589 b 1 emergency days in the approved school calendar and must be 2 verified annually by the regional office of education or 3 intermediate service center for the school district before the 4 implementation of any e-learning days in that school year to 5 ensure access for all students. The regional office of 6 education or intermediate service center shall ensure that the 7 specific needs of all students are met, including special 8 education students and English learners, and that all mandates 9 are still met using the proposed research-based program. The 10 e-learning program may utilize the Internet, telephones, 11 texts, chat rooms, or other similar means of electronic 12 communication for instruction and interaction between teachers 13 and students that meet the needs of all learners. The 14 e-learning program shall address the school district's 15 responsibility to ensure that all teachers and staff who may 16 be involved in the provision of e-learning have access to any 17 and all hardware and software that may be required for the 18 program. If a proposed program does not address this 19 responsibility, the school district must propose an alternate 20 program. 21 (c) Before its adoption by a school board, the school 22 board must hold a public hearing on a school district's 23 initial proposal for an e-learning program or for renewal of 24 such a program, at a regular or special meeting of the school 25 board, in which the terms of the proposal must be 26 substantially presented and an opportunity for allowing public HB2821 - 2 - LRB104 06553 LNS 16589 b HB2821- 3 -LRB104 06553 LNS 16589 b HB2821 - 3 - LRB104 06553 LNS 16589 b HB2821 - 3 - LRB104 06553 LNS 16589 b 1 comments must be provided. Notice of such public hearing must 2 be provided at least 10 days prior to the hearing by: 3 (1) publication in a newspaper of general circulation 4 in the school district; 5 (2) written or electronic notice designed to reach the 6 parents or guardians of all students enrolled in the 7 school district; and 8 (3) written or electronic notice designed to reach any 9 exclusive collective bargaining representatives of school 10 district employees and all those employees not in a 11 collective bargaining unit. 12 (d) The regional office of education or intermediate 13 service center for the school district must timely verify that 14 a proposal for an e-learning program has met the requirements 15 specified in this Section and that the proposal contains 16 provisions designed to reasonably and practicably accomplish 17 the following: 18 (1) to ensure and verify at least 5 clock hours of 19 instruction or school work, as required under Section 20 10-19.05, for each student participating in an e-learning 21 day; 22 (2) to ensure access from home or other appropriate 23 remote facility for all students participating, including 24 computers, the Internet, and other forms of electronic 25 communication that must be utilized in the proposed 26 program; HB2821 - 3 - LRB104 06553 LNS 16589 b HB2821- 4 -LRB104 06553 LNS 16589 b HB2821 - 4 - LRB104 06553 LNS 16589 b HB2821 - 4 - LRB104 06553 LNS 16589 b 1 (2.5) to ensure that non-electronic materials are made 2 available to students participating in the program who do 3 not have access to the required technology or to 4 participating teachers or students who are prevented from 5 accessing the required technology; 6 (3) to ensure appropriate learning opportunities for 7 students with special needs; 8 (4) to monitor and verify each student's electronic 9 participation; 10 (5) to address the extent to which student 11 participation is within the student's control as to the 12 time, pace, and means of learning; 13 (6) to provide effective notice to students and their 14 parents or guardians of the use of particular days for 15 e-learning; 16 (7) to provide staff and students with adequate 17 training for e-learning days' participation; 18 (8) to ensure an opportunity for any collective 19 bargaining negotiations with representatives of the school 20 district's employees that would be legally required, 21 including all classifications of school district employees 22 who are represented by collective bargaining agreements 23 and who would be affected in the event of an e-learning 24 day; 25 (9) to review and revise the program as implemented to 26 address difficulties confronted; and HB2821 - 4 - LRB104 06553 LNS 16589 b HB2821- 5 -LRB104 06553 LNS 16589 b HB2821 - 5 - LRB104 06553 LNS 16589 b HB2821 - 5 - LRB104 06553 LNS 16589 b 1 (10) to ensure that the protocol regarding general 2 expectations and responsibilities of the program is 3 communicated to teachers, staff, and students at least 30 4 days prior to utilizing an e-learning day in a school 5 year. 6 The school board's approval of a school district's initial 7 e-learning program and renewal of the e-learning program shall 8 be for a term of 3 school years, beginning with the first 9 school year in which the program was approved and verified by 10 the regional office of education or intermediate service 11 center for the school district. 12 (d-5) A school district shall pay to its contractors who 13 provide educational support services to the district, 14 including, but not limited to, custodial, transportation, or 15 food service providers, their daily, regular rate of pay or 16 billings rendered for any e-learning day that is used because 17 a school was selected to be a polling place under Section 18 11-4.1 of the Election Code, except that this requirement does 19 not apply to contractors who are paid under contracts that are 20 entered into, amended, or renewed on or after March 15, 2022 or 21 to contracts that otherwise address compensation for such 22 e-learning days. 23 (d-10) A school district shall pay to its employees who 24 provide educational support services to the district, 25 including, but not limited to, custodial employees, building 26 maintenance employees, transportation employees, food service HB2821 - 5 - LRB104 06553 LNS 16589 b HB2821- 6 -LRB104 06553 LNS 16589 b HB2821 - 6 - LRB104 06553 LNS 16589 b HB2821 - 6 - LRB104 06553 LNS 16589 b 1 providers, classroom assistants, or administrative staff, 2 their daily, regular rate of pay and benefits rendered for any 3 school closure or e-learning day if the closure precludes them 4 from performing their regularly scheduled duties and the 5 employee would have reported for work but for the closure, 6 except this requirement does not apply if the day is 7 rescheduled and the employee will be paid their daily, regular 8 rate of pay and benefits for the rescheduled day when services 9 are rendered. 10 (d-15) A school district shall make full payment that 11 would have otherwise been paid to its contractors who provide 12 educational support services to the district, including, but 13 not limited to, custodial, building maintenance, 14 transportation, food service providers, classroom assistants, 15 or administrative staff, their daily, regular rate of pay and 16 benefits rendered for any school closure or e-learning day if 17 any closure precludes them from performing their regularly 18 scheduled duties and employees would have reported for work 19 but for the closure. The employees who provide the support 20 services covered by such contracts shall be paid their daily 21 bid package rates and benefits as defined by their local 22 operating agreements or collective bargaining agreements, 23 except this requirement does not apply if the day is 24 rescheduled and the employee will be paid their daily, regular 25 rate of pay and benefits for the rescheduled day when services 26 are rendered. HB2821 - 6 - LRB104 06553 LNS 16589 b HB2821- 7 -LRB104 06553 LNS 16589 b HB2821 - 7 - LRB104 06553 LNS 16589 b HB2821 - 7 - LRB104 06553 LNS 16589 b 1 (d-20) A school district shall make full payment or 2 reimbursement to an employee or contractor as specified in 3 subsection (d-10) or (d-15) of this Section for any school 4 closure or e-learning day in the 2021-2022 school year that 5 occurred prior to April 5, 2022 (the effective date of Public 6 Act 102-647) this amendatory Act of the 102nd General Assembly 7 if the employee or contractor did not receive pay or was 8 required to use earned paid time off, except this requirement 9 does not apply if the day is rescheduled and the employee will 10 be paid their daily, regular rate of pay and benefits for the 11 rescheduled day when services are rendered. 12 (d-25) A school or school district that offers e-learning 13 days may not use any real property owned or leased by a school 14 or school district to house migrants while students are not 15 present at a school. 16 (d-30) A school or school district may not utilize an 17 e-learning day to house migrants on any real property owned or 18 leased by the school or school district due to a mandate by a 19 unit of local government that the school or school district 20 house migrants on any real property owned or leased by the 21 school or school district. 22 (e) The State Board of Education may adopt rules 23 consistent with the provision of this Section. 24 (f) For purposes of subsections (d-10), (d-15), and (d-20) 25 of this Section: 26 "Employee" means anyone employed by a school district on HB2821 - 7 - LRB104 06553 LNS 16589 b HB2821- 8 -LRB104 06553 LNS 16589 b HB2821 - 8 - LRB104 06553 LNS 16589 b HB2821 - 8 - LRB104 06553 LNS 16589 b HB2821 - 8 - LRB104 06553 LNS 16589 b