Bill Text: IL HB2242 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the School Code. Repeals Sections of the School Code concerning physical education and training, required courses in physical education, and a physical education course of study. Makes related changes. Effective July 1, 2013.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-01 - Tabled [HB2242 Detail]
Download: Illinois-2013-HB2242-Introduced.html
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning education.
| ||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||||||||||
5 | 2-3.25g, 22-75, 27-8.1, and 27-22.05 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||||||||||||||||||||||||||||||||
7 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||||||||||||||||||||||||||||||||
8 | School
Code and administrative rules and regulations. | ||||||||||||||||||||||||||||||||||||
9 | (a) In this Section: | ||||||||||||||||||||||||||||||||||||
10 | "Board" means a school board or the governing board or | ||||||||||||||||||||||||||||||||||||
11 | administrative district, as the case may be, for a joint | ||||||||||||||||||||||||||||||||||||
12 | agreement. | ||||||||||||||||||||||||||||||||||||
13 | "Eligible applicant" means a school district, joint | ||||||||||||||||||||||||||||||||||||
14 | agreement made up of school districts, or regional | ||||||||||||||||||||||||||||||||||||
15 | superintendent of schools on behalf of schools and programs | ||||||||||||||||||||||||||||||||||||
16 | operated by the regional office of education.
| ||||||||||||||||||||||||||||||||||||
17 | "Implementation date" has the meaning set forth in | ||||||||||||||||||||||||||||||||||||
18 | Section 24A-2.5 of this Code. | ||||||||||||||||||||||||||||||||||||
19 | "State Board" means the State Board of Education.
| ||||||||||||||||||||||||||||||||||||
20 | (b) Notwithstanding any other
provisions of this School | ||||||||||||||||||||||||||||||||||||
21 | Code or any other law of this State to the
contrary, eligible | ||||||||||||||||||||||||||||||||||||
22 | applicants may petition the State Board of Education for the
| ||||||||||||||||||||||||||||||||||||
23 | waiver or modification of the mandates of this School Code or |
| |||||||
| |||||||
1 | of the
administrative rules and regulations promulgated by the | ||||||
2 | State Board of
Education. Waivers or modifications of | ||||||
3 | administrative rules and regulations
and modifications of | ||||||
4 | mandates of this School Code may be requested when an eligible | ||||||
5 | applicant demonstrates that it can address the intent of the | ||||||
6 | rule or
mandate in a more effective, efficient, or economical | ||||||
7 | manner or when necessary
to stimulate innovation or improve | ||||||
8 | student performance. Waivers of
mandates of
the School Code may | ||||||
9 | be requested when the waivers are necessary to stimulate
| ||||||
10 | innovation or improve student performance. Waivers may not be | ||||||
11 | requested
from laws, rules, and regulations pertaining to | ||||||
12 | special education, teacher
certification, teacher tenure and | ||||||
13 | seniority, or Section 5-2.1 of this Code or from compliance | ||||||
14 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
15 | On and after the applicable implementation date, eligible | ||||||
16 | applicants may not seek a waiver or seek a modification of a | ||||||
17 | mandate regarding the requirements for (i) student performance | ||||||
18 | data to be a significant factor in teacher or principal | ||||||
19 | evaluations or (ii) for teachers and principals to be rated | ||||||
20 | using the 4 categories of "excellent", "proficient", "needs | ||||||
21 | improvement", or "unsatisfactory". On the applicable | ||||||
22 | implementation date, any previously authorized waiver or | ||||||
23 | modification from such requirements shall terminate. | ||||||
24 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
25 | policy, and any
Independent Authority established under | ||||||
26 | Section 2-3.25f may submit an
application for a waiver or |
| |||||||
| |||||||
1 | modification authorized under this Section. Each
application | ||||||
2 | must include a written request by the eligible applicant or
| ||||||
3 | Independent Authority and must demonstrate that the intent of | ||||||
4 | the mandate can
be addressed in a more effective, efficient, or | ||||||
5 | economical manner
or be based
upon a specific plan for improved | ||||||
6 | student performance and school improvement.
Any eligible | ||||||
7 | applicant requesting a waiver or modification for the reason | ||||||
8 | that intent
of the mandate can be addressed in a more | ||||||
9 | economical manner shall include in
the application a fiscal | ||||||
10 | analysis showing current expenditures on the mandate
and | ||||||
11 | projected savings resulting from the waiver
or modification. | ||||||
12 | Applications
and plans developed by eligible applicants must be | ||||||
13 | approved by the board or regional superintendent of schools | ||||||
14 | applying on behalf of schools or programs operated by the | ||||||
15 | regional office of education following a public hearing on the | ||||||
16 | application and plan and the
opportunity for the board or | ||||||
17 | regional superintendent to hear testimony from staff
directly | ||||||
18 | involved in
its implementation, parents, and students. The time | ||||||
19 | period for such testimony shall be separate from the time | ||||||
20 | period established by the eligible applicant for public comment | ||||||
21 | on other matters. If the applicant is a school district or | ||||||
22 | joint agreement requesting a waiver or modification of Section | ||||||
23 | 27-6 of this Code, the public hearing shall be held on a day | ||||||
24 | other than the day on which a regular meeting of the board is | ||||||
25 | held. | ||||||
26 | (c-5) If the applicant is a school district, then the |
| |||||||
| |||||||
1 | district shall post information that sets forth the time, date, | ||||||
2 | place, and general subject matter of the public hearing on its | ||||||
3 | Internet website at least 14 days prior to the hearing. If the | ||||||
4 | district is requesting to increase the fee charged for driver | ||||||
5 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
6 | the website information shall include the proposed amount of | ||||||
7 | the fee the district will request. All school districts must | ||||||
8 | publish a notice of the public hearing at least 7 days prior to | ||||||
9 | the hearing in a newspaper of general circulation within the | ||||||
10 | school district that sets forth the time, date, place, and | ||||||
11 | general subject matter of the hearing. Districts requesting to | ||||||
12 | increase the fee charged for driver education shall include in | ||||||
13 | the published notice the proposed amount of the fee the | ||||||
14 | district will request. If the applicant is a joint agreement or | ||||||
15 | regional superintendent, then the joint agreement or regional | ||||||
16 | superintendent shall post information that sets forth the time, | ||||||
17 | date, place, and general subject matter of the public hearing | ||||||
18 | on its Internet website at least 14 days prior to the hearing. | ||||||
19 | If the joint agreement or regional superintendent is requesting | ||||||
20 | to increase the fee charged for driver education authorized | ||||||
21 | pursuant to Section 27-24.2 of this Code, the website | ||||||
22 | information shall include the proposed amount of the fee the | ||||||
23 | applicant will request. All joint agreements and regional | ||||||
24 | superintendents must publish a notice of the public hearing at | ||||||
25 | least 7 days prior to the hearing in a newspaper of general | ||||||
26 | circulation in each school district that is a member of the |
| |||||||
| |||||||
1 | joint agreement or that is served by the educational service | ||||||
2 | region that sets forth the time, date, place, and general | ||||||
3 | subject matter of the hearing, provided that a notice appearing | ||||||
4 | in a newspaper generally circulated in more than one school | ||||||
5 | district shall be deemed to fulfill this requirement with | ||||||
6 | respect to all of the affected districts. Joint agreements or | ||||||
7 | regional superintendents requesting to increase the fee | ||||||
8 | charged for driver education shall include in the published | ||||||
9 | notice the proposed amount of the fee the applicant will | ||||||
10 | request. The
eligible applicant must notify in writing the | ||||||
11 | affected exclusive collective
bargaining agent and those State | ||||||
12 | legislators representing the eligible applicant's territory of
| ||||||
13 | its
intent to seek approval of a
waiver or
modification and of | ||||||
14 | the hearing to be held to take testimony from staff.
The | ||||||
15 | affected exclusive collective bargaining agents shall be | ||||||
16 | notified of such
public hearing at least 7 days prior to the | ||||||
17 | date of the hearing and shall be
allowed to attend
such public | ||||||
18 | hearing. The eligible applicant shall attest to compliance with | ||||||
19 | all of
the notification and procedural requirements set forth | ||||||
20 | in this Section. | ||||||
21 | (d) A request for a waiver or modification of | ||||||
22 | administrative rules and
regulations or for a modification of | ||||||
23 | mandates contained in this School Code
shall be submitted to | ||||||
24 | the State Board of Education within 15 days after
approval by | ||||||
25 | the board or regional superintendent of schools. The | ||||||
26 | application as submitted to the
State Board of Education shall |
| |||||||
| |||||||
1 | include a description of the public hearing. Except with | ||||||
2 | respect to contracting for adaptive driver education, an | ||||||
3 | eligible applicant wishing to request a modification or waiver | ||||||
4 | of administrative rules of the State Board of Education | ||||||
5 | regarding contracting with a commercial driver training school | ||||||
6 | to provide the course of study authorized under Section 27-24.2 | ||||||
7 | of this Code must provide evidence with its application that | ||||||
8 | the commercial driver training school with which it will | ||||||
9 | contract holds a license issued by the Secretary of State under | ||||||
10 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
11 | each instructor employed by the commercial driver training | ||||||
12 | school to provide instruction to students served by the school | ||||||
13 | district holds a valid teaching certificate or teaching | ||||||
14 | license, as applicable, issued under the requirements of this | ||||||
15 | Code and rules of the State Board of Education. Such evidence | ||||||
16 | must include, but need not be limited to, a list of each | ||||||
17 | instructor assigned to teach students served by the school | ||||||
18 | district, which list shall include the instructor's name, | ||||||
19 | personal identification number as required by the State Board | ||||||
20 | of Education, birth date, and driver's license number. If the | ||||||
21 | modification or waiver is granted, then the eligible applicant | ||||||
22 | shall notify the State Board of Education of any changes in the | ||||||
23 | personnel providing instruction within 15 calendar days after | ||||||
24 | an instructor leaves the program or a new instructor is hired. | ||||||
25 | Such notification shall include the instructor's name, | ||||||
26 | personal identification number as required by the State Board |
| |||||||
| |||||||
1 | of Education, birth date, and driver's license number. If a | ||||||
2 | school district maintains an Internet website, then the | ||||||
3 | district shall post a copy of the final contract between the | ||||||
4 | district and the commercial driver training school on the | ||||||
5 | district's Internet website. If no Internet website exists, | ||||||
6 | then the district shall make available the contract upon | ||||||
7 | request. A record of all materials in relation to the | ||||||
8 | application for contracting must be maintained by the school | ||||||
9 | district and made available to parents and guardians upon | ||||||
10 | request. The instructor's date of birth and driver's license | ||||||
11 | number and any other personally identifying information as | ||||||
12 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
13 | must be redacted from any public materials.
Following receipt | ||||||
14 | of the waiver or modification request, the
State Board shall | ||||||
15 | have 45 days to review the application and request. If the
| ||||||
16 | State Board fails to disapprove the application within that 45 | ||||||
17 | day period, the
waiver or modification shall be deemed granted. | ||||||
18 | The State Board
may disapprove
any request if it is not based | ||||||
19 | upon sound educational practices, endangers the
health or | ||||||
20 | safety of students or staff, compromises equal opportunities | ||||||
21 | for
learning, or fails to demonstrate that the intent of the | ||||||
22 | rule or mandate can be
addressed in a more effective, | ||||||
23 | efficient, or economical manner or have improved
student | ||||||
24 | performance as a primary goal. Any request disapproved by the | ||||||
25 | State
Board may be appealed to the General Assembly by the | ||||||
26 | eligible applicant
as outlined in this Section. |
| |||||||
| |||||||
1 | A request for a waiver from mandates contained in this | ||||||
2 | School Code shall be
submitted to the State Board within 15 | ||||||
3 | days after approval by the board or regional superintendent of | ||||||
4 | schools.
The application as submitted to the State Board of | ||||||
5 | Education
shall include a description of the public hearing. | ||||||
6 | The description shall
include, but need not be limited to, the | ||||||
7 | means of notice, the number of people
in attendance, the number | ||||||
8 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
9 | brief description of their comments, and whether there were any
| ||||||
10 | written statements submitted.
The State Board shall review the | ||||||
11 | applications and requests for
completeness and shall compile | ||||||
12 | the requests in reports to be filed with the
General Assembly.
| ||||||
13 | The State Board shall file
reports outlining the waivers
| ||||||
14 | requested by eligible applicants
and appeals by eligible | ||||||
15 | applicants of requests
disapproved by the State Board with the | ||||||
16 | Senate and the House of
Representatives before each March 1 and
| ||||||
17 | October
1. The General Assembly may disapprove the report of | ||||||
18 | the State Board in whole
or in part within 60 calendar days | ||||||
19 | after each house of the General Assembly
next
convenes after | ||||||
20 | the report is filed by adoption of a resolution by a record | ||||||
21 | vote
of the majority of members elected in each house. If the | ||||||
22 | General Assembly
fails to disapprove any waiver request or | ||||||
23 | appealed request within such 60
day period, the waiver or | ||||||
24 | modification shall be deemed granted. Any resolution
adopted by | ||||||
25 | the General Assembly disapproving a report of the State Board | ||||||
26 | in
whole or in part shall be binding on the State Board. |
| |||||||
| |||||||
1 | (e) An approved waiver or modification (except a waiver | ||||||
2 | from or modification to a physical education mandate) may | ||||||
3 | remain in effect for a period not to
exceed 5 school years and | ||||||
4 | may be renewed upon application by the
eligible applicant. | ||||||
5 | However, such waiver or modification may be changed within that
| ||||||
6 | 5-year period by a board or regional superintendent of schools | ||||||
7 | applying on behalf of schools or programs operated by the | ||||||
8 | regional office of education following the procedure as set
| ||||||
9 | forth in this Section for the initial waiver or modification | ||||||
10 | request. If
neither the State Board of Education nor the | ||||||
11 | General Assembly disapproves, the
change is deemed granted. | ||||||
12 | An approved waiver from or modification to a physical | ||||||
13 | education mandate may remain in effect for a period not to | ||||||
14 | exceed 2 school years and may be renewed no more than 2 times | ||||||
15 | upon application by the eligible applicant. An approved waiver | ||||||
16 | from or modification to a physical education mandate may be | ||||||
17 | changed within the 2-year period by the board or regional | ||||||
18 | superintendent of schools, whichever is applicable, following | ||||||
19 | the procedure set forth in this Section for the initial waiver | ||||||
20 | or modification request. If neither the State Board of | ||||||
21 | Education nor the General Assembly disapproves, the change is | ||||||
22 | deemed granted.
| ||||||
23 | (f) (Blank). | ||||||
24 | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; | ||||||
25 | 97-1025, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/22-75) | ||||||
2 | Sec. 22-75. The Eradicate Domestic Violence Task Force. | ||||||
3 | (a) There is hereby created the Eradicate Domestic Violence | ||||||
4 | Task Force. The Eradicate Domestic Violence Task Force shall | ||||||
5 | develop a statewide effective and feasible prevention course | ||||||
6 | for high school students designed to prevent interpersonal, | ||||||
7 | adolescent violence based on the Step Back Program for boys and | ||||||
8 | girls. The Clerk of the Circuit Court in the First Judicial | ||||||
9 | District shall provide administrative staff and support to the | ||||||
10 | task force. | ||||||
11 | (b) The Eradicate Domestic Violence Task Force shall do the | ||||||
12 | following: | ||||||
13 | (1) Conduct meetings to evaluate the effectiveness and | ||||||
14 | feasibility of statewide implementation of the curricula | ||||||
15 | of the Step Back Program at Oak Park and River Forest High | ||||||
16 | School, located in Cook County, Illinois, for the | ||||||
17 | prevention of domestic violence. | ||||||
18 | (2) Invite the testimony of and confer with experts on | ||||||
19 | relevant topics as needed. | ||||||
20 | (3) Propose content for integration into school | ||||||
21 | curricula aimed at preventing domestic violence. | ||||||
22 | (4) Propose a method of training facilitators on the | ||||||
23 | school curricula aimed at preventing domestic violence. | ||||||
24 | (5) Propose partnerships with anti-violence agencies | ||||||
25 | to assist with the facilitator roles and the nature of the | ||||||
26 | partnerships. |
| |||||||
| |||||||
1 | (6) Evaluate the approximate cost per school or school | ||||||
2 | district to implement and maintain school curricula aimed | ||||||
3 | at preventing domestic violence. | ||||||
4 | (7) Propose a funding source or sources to support | ||||||
5 | school curricula aimed at preventing domestic violence and | ||||||
6 | agencies that provide training to the facilitators, such as | ||||||
7 | a fee to be charged in domestic violence, sexual assault, | ||||||
8 | and related cases to be collected by the clerk of the court | ||||||
9 | for deposit into a special fund in the State treasury and | ||||||
10 | to be used to fund a proposed eradicate domestic violence | ||||||
11 | program in the schools of this State. | ||||||
12 | (8) Propose an evaluation structure to ensure that the | ||||||
13 | school curricula aimed at preventing domestic violence is | ||||||
14 | effectively taught by trained facilitators. | ||||||
15 | (9) Propose a method of evaluation for the purpose of | ||||||
16 | modifying the content of the curriculum over time, | ||||||
17 | including whether studies of the program should be | ||||||
18 | conducted by the University of Illinois' Interpersonal | ||||||
19 | Violence Prevention Information Center. | ||||||
20 | (10) Recommend legislation developed by the task | ||||||
21 | force, such as amending Sections 27-8.1 27-5 through | ||||||
22 | 27-13.3 and 27-23.4 of this Code, and legislation to create | ||||||
23 | a fee to be charged in domestic violence, sexual assault, | ||||||
24 | and related cases to be collected by the clerk of court for | ||||||
25 | deposit into a special fund in the State treasury and to be | ||||||
26 | used to fund a proposed eradicate domestic violence program |
| |||||||
| |||||||
1 | in the schools of this State. | ||||||
2 | (11) Produce a report of the task force's findings on | ||||||
3 | best practices and policies, which shall include a plan | ||||||
4 | with a phased and prioritized implementation timetable for | ||||||
5 | implementation of school curricula aimed at preventing | ||||||
6 | domestic violence in schools. The task force shall submit a | ||||||
7 | report to the General Assembly on or before April 1, 2013 | ||||||
8 | on its findings, recommendations, and implementation plan. | ||||||
9 | Any task force reports must be published on the State Board | ||||||
10 | of Education's Internet website on the date the report is | ||||||
11 | delivered to the General Assembly. | ||||||
12 | (c) The President of the Senate and the Speaker of the | ||||||
13 | House of Representatives shall each appoint one co-chairperson | ||||||
14 | of the Eradicate Domestic Violence Task Force. The Minority | ||||||
15 | Leader of the Senate and the Minority Leader of the House of | ||||||
16 | Representatives shall each appoint one member to the task | ||||||
17 | force. In addition, the task force shall be comprised of the | ||||||
18 | following members appointed by the State Board of Education and | ||||||
19 | shall be representative of the geographic, racial, and ethnic | ||||||
20 | diversity of this State: | ||||||
21 | (1) Four representatives involved with a program for | ||||||
22 | high school students at a high school that is located in a | ||||||
23 | municipality with a population of 2,000,000 or more and the | ||||||
24 | program is a daily, 6-week to 9-week, 45-session, | ||||||
25 | gender-specific, primary prevention course designed to | ||||||
26 | raise awareness of topics such as dating and domestic |
| |||||||
| |||||||
1 | violence, any systematic conduct that causes measurable | ||||||
2 | physical harm or emotional distress, sexual assault, | ||||||
3 | digital abuse, self-defense, and suicide. | ||||||
4 | (2) A representative of an interpersonal violence | ||||||
5 | prevention program within a State university. | ||||||
6 | (3) A representative of a statewide nonprofit, | ||||||
7 | nongovernmental, domestic violence organization. | ||||||
8 | (4) A representative of a different nonprofit, | ||||||
9 | nongovernmental domestic violence organization that is | ||||||
10 | located in a municipality with a population of 2,000,000 or | ||||||
11 | more. | ||||||
12 | (5) A representative of a statewide nonprofit, | ||||||
13 | nongovernmental, sexual assault organization. | ||||||
14 | (6) A representative of a different nonprofit, | ||||||
15 | nongovernmental, sexual assault organization based in a | ||||||
16 | county with a population of 3,000,000 or more. | ||||||
17 | (7) The State Superintendent of Education or his or her | ||||||
18 | designee. | ||||||
19 | (8) The Chief Executive Officer of City of Chicago | ||||||
20 | School District 299 or his or her designee or the President | ||||||
21 | of the Chicago Board of Education or his or her designee. | ||||||
22 | (9) A representative of the Department of Human | ||||||
23 | Services. | ||||||
24 | (10) A representative of a statewide, nonprofit | ||||||
25 | professional organization representing law enforcement | ||||||
26 | executives. |
| |||||||
| |||||||
1 | (11) A representative of the Chicago Police | ||||||
2 | Department, Youth Services Division. | ||||||
3 | (12) The Clerk of the Circuit Court in the First | ||||||
4 | Judicial District or his or her designee. | ||||||
5 | (13) A representative of a statewide professional | ||||||
6 | teachers organization. | ||||||
7 | (14) A representative of a different statewide | ||||||
8 | professional teachers organization. | ||||||
9 | (15) A representative of a professional teachers | ||||||
10 | organization in a city having a population exceeding | ||||||
11 | 500,000. | ||||||
12 | (16) A representative of an organization representing | ||||||
13 | principals. | ||||||
14 | (17) A representative of an organization representing | ||||||
15 | school administrators. | ||||||
16 | (18) A representative of an organization representing | ||||||
17 | school boards. | ||||||
18 | (19) A representative of an organization representing | ||||||
19 | school business officials. | ||||||
20 | (20) A representative of an organization representing | ||||||
21 | large unit school districts. | ||||||
22 | (d) The following underlying purposes should be liberally | ||||||
23 | construed by the task force convened under this Section: | ||||||
24 | (1) Recognize that, according to the Centers for | ||||||
25 | Disease Control and Prevention, National Intimate Partner | ||||||
26 | and Sexual Violence Survey, December 2010 Summary Report, |
| |||||||
| |||||||
1 | on average 24 people per minute are victims of rape, | ||||||
2 | physical violence, or stalking by an intimate partner in | ||||||
3 | the United States, equaling more than 12 million women and | ||||||
4 | men. | ||||||
5 | (2) Recognize that abused children and children | ||||||
6 | exposed to domestic violence in their homes may have short | ||||||
7 | and long-term physical, emotional, and learning problems, | ||||||
8 | including increased aggression, decreased responsiveness | ||||||
9 | to adults, failure to thrive, posttraumatic stress | ||||||
10 | disorder, depression, anxiety, hypervigilance and | ||||||
11 | hyperactivity, eating and sleeping problems, and | ||||||
12 | developmental delays, according to the Journal of | ||||||
13 | Interpersonal Violence and the Futures Without Violence | ||||||
14 | organization. | ||||||
15 | (3) Recognize that the Illinois Violence Prevention | ||||||
16 | Authority has found that children exposed to violence in | ||||||
17 | the media may become numb to the horror of violence, may | ||||||
18 | gradually accept violence as a way to solve problems, may | ||||||
19 | imitate the violence they see, and may identify with | ||||||
20 | certain characters, victims, or victimizers. | ||||||
21 | (4) Recognize that crimes and the incarceration of | ||||||
22 | youth are often associated with a history of child abuse | ||||||
23 | and exposure to domestic violence, according to Futures | ||||||
24 | Without Violence. | ||||||
25 | (5) Recognize that the cost of prosecuting crime in | ||||||
26 | this State is unnecessarily high due to a lack of |
| |||||||
| |||||||
1 | prevention programs designed to eradicate domestic | ||||||
2 | violence. | ||||||
3 | (6) Recognize that sexual violence, stalking, and | ||||||
4 | intimate partner violence are serious and widespread | ||||||
5 | public health problems for children and adults in this | ||||||
6 | State. | ||||||
7 | (7) Recognize that intervention programs aimed at | ||||||
8 | preventing domestic violence may yield better results than | ||||||
9 | programs aimed at treating the victims of domestic | ||||||
10 | violence, because treatment programs may reduce the | ||||||
11 | likelihood that a particular woman will be re-victimized, | ||||||
12 | but might not otherwise reduce the overall amount of | ||||||
13 | domestic violence. | ||||||
14 | (8) Recognize that uniform, effective, feasible, and | ||||||
15 | widespread prevention of sexual violence and intimate | ||||||
16 | partner violence is a high priority in this State. | ||||||
17 | (9) Recognize that the Step Back Program at Oak Park | ||||||
18 | and River Forest High School in Cook County, Illinois, is a | ||||||
19 | daily, 6 to 9 week, 45-session, gender-specific, primary | ||||||
20 | prevention course for high school students designed to | ||||||
21 | raise awareness of topics, including dating and domestic | ||||||
22 | violence, bullying and harassment, sexual assault, digital | ||||||
23 | abuse, self-defense, and suicide. The Step Back Program is | ||||||
24 | co-facilitated by the high school and a nonprofit, | ||||||
25 | nongovernmental domestic violence prevention specialist | ||||||
26 | and service provider. |
| |||||||
| |||||||
1 | (10) Develop a statewide effective prevention course | ||||||
2 | for high school students based on the Step Back Program for | ||||||
3 | boys and girls designed to prevent interpersonal, | ||||||
4 | adolescent violence. | ||||||
5 | (e) Members of the Eradicate Domestic Violence Task Force | ||||||
6 | shall receive no compensation for their participation, but may | ||||||
7 | be reimbursed by the State Board of Education for expenses in | ||||||
8 | connection with their participation, including travel, if | ||||||
9 | funds are available. | ||||||
10 | (f) Nothing in this Section or in the prevention course is | ||||||
11 | intended to infringe upon any right to exercise free expression | ||||||
12 | or the free exercise of religion or religiously based views | ||||||
13 | protected under the First Amendment to the United States | ||||||
14 | Constitution or under Section 3 or 4 of Article 1 of the | ||||||
15 | Illinois Constitution.
| ||||||
16 | (Source: P.A. 97-1037, eff. 8-20-12.)
| ||||||
17 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
18 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
19 | (1) In compliance with rules and regulations which the | ||||||
20 | Department of Public
Health shall promulgate, and except as | ||||||
21 | hereinafter provided, all children in
Illinois shall have a | ||||||
22 | health examination as follows: within one year prior to
| ||||||
23 | entering kindergarten or the first grade of any public, | ||||||
24 | private, or parochial
elementary school; upon entering the | ||||||
25 | sixth and ninth grades of any public,
private, or parochial |
| |||||||
| |||||||
1 | school; prior to entrance into any public, private, or
| ||||||
2 | parochial nursery school; and, irrespective of grade, | ||||||
3 | immediately prior to or
upon entrance into any public, private, | ||||||
4 | or parochial school or nursery school,
each child shall present | ||||||
5 | proof of having been examined in accordance with this
Section | ||||||
6 | and the rules and regulations promulgated hereunder. Any child | ||||||
7 | who received a health examination within one year prior to | ||||||
8 | entering the fifth grade for the 2007-2008 school year is not | ||||||
9 | required to receive an additional health examination in order | ||||||
10 | to comply with the provisions of Public Act 95-422 when he or | ||||||
11 | she attends school for the 2008-2009 school year, unless the | ||||||
12 | child is attending school for the first time as provided in | ||||||
13 | this paragraph. | ||||||
14 | A tuberculosis skin test screening shall be included as a | ||||||
15 | required part of
each health examination included under this | ||||||
16 | Section if the child resides in an
area designated by the | ||||||
17 | Department of Public Health as having a high incidence
of | ||||||
18 | tuberculosis. Additional health examinations of pupils, | ||||||
19 | including eye examinations, may be required when deemed | ||||||
20 | necessary by school
authorities. Parents are encouraged to have | ||||||
21 | their children undergo eye examinations at the same points in | ||||||
22 | time required for health
examinations. | ||||||
23 | (1.5) In compliance with rules adopted by the Department of | ||||||
24 | Public Health and except as otherwise provided in this Section, | ||||||
25 | all children in kindergarten and the second and sixth grades of | ||||||
26 | any public, private, or parochial school shall have a dental |
| |||||||
| |||||||
1 | examination. Each of these children shall present proof of | ||||||
2 | having been examined by a dentist in accordance with this | ||||||
3 | Section and rules adopted under this Section before May 15th of | ||||||
4 | the school year. If a child in the second or sixth grade fails | ||||||
5 | to present proof by May 15th, the school may hold the child's | ||||||
6 | report card until one of the following occurs: (i) the child | ||||||
7 | presents proof of a completed dental examination or (ii) the | ||||||
8 | child presents proof that a dental examination will take place | ||||||
9 | within 60 days after May 15th. The Department of Public Health | ||||||
10 | shall establish, by rule, a waiver for children who show an | ||||||
11 | undue burden or a lack of access to a dentist. Each public, | ||||||
12 | private, and parochial school must give notice of this dental | ||||||
13 | examination requirement to the parents and guardians of | ||||||
14 | students at least 60 days before May 15th of each school year.
| ||||||
15 | (1.10) Except as otherwise provided in this Section, all | ||||||
16 | children enrolling in kindergarten in a public, private, or | ||||||
17 | parochial school on or after the effective date of this | ||||||
18 | amendatory Act of the 95th General Assembly and any student | ||||||
19 | enrolling for the first time in a public, private, or parochial | ||||||
20 | school on or after the effective date of this amendatory Act of | ||||||
21 | the 95th General Assembly shall have an eye examination. Each | ||||||
22 | of these children shall present proof of having been examined | ||||||
23 | by a physician licensed to practice medicine in all of its | ||||||
24 | branches or a licensed optometrist within the previous year, in | ||||||
25 | accordance with this Section and rules adopted under this | ||||||
26 | Section, before October 15th of the school year. If the child |
| |||||||
| |||||||
1 | fails to present proof by October 15th, the school may hold the | ||||||
2 | child's report card until one of the following occurs: (i) the | ||||||
3 | child presents proof of a completed eye examination or (ii) the | ||||||
4 | child presents proof that an eye examination will take place | ||||||
5 | within 60 days after October 15th. The Department of Public | ||||||
6 | Health shall establish, by rule, a waiver for children who show | ||||||
7 | an undue burden or a lack of access to a physician licensed to | ||||||
8 | practice medicine in all of its branches who provides eye | ||||||
9 | examinations or to a licensed optometrist. Each public, | ||||||
10 | private, and parochial school must give notice of this eye | ||||||
11 | examination requirement to the parents and guardians of | ||||||
12 | students in compliance with rules of the Department of Public | ||||||
13 | Health. Nothing in this Section shall be construed to allow a | ||||||
14 | school to exclude a child from attending because of a parent's | ||||||
15 | or guardian's failure to obtain an eye examination for the | ||||||
16 | child.
| ||||||
17 | (2) The Department of Public Health shall promulgate rules | ||||||
18 | and regulations
specifying the examinations and procedures | ||||||
19 | that constitute a health examination, which shall include the | ||||||
20 | collection of data relating to obesity
(including at a minimum, | ||||||
21 | date of birth, gender, height, weight, blood pressure, and date | ||||||
22 | of exam),
and a dental examination and may recommend by rule | ||||||
23 | that certain additional examinations be performed.
The rules | ||||||
24 | and regulations of the Department of Public Health shall | ||||||
25 | specify that
a tuberculosis skin test screening shall be | ||||||
26 | included as a required part of each
health examination included |
| |||||||
| |||||||
1 | under this Section if the child resides in an area
designated | ||||||
2 | by the Department of Public Health as having a high incidence | ||||||
3 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
4 | that a diabetes
screening as defined by rule shall be included | ||||||
5 | as a required part of each
health examination.
Diabetes testing | ||||||
6 | is not required. | ||||||
7 | Physicians licensed to practice medicine in all of its | ||||||
8 | branches, advanced
practice nurses who have a written | ||||||
9 | collaborative agreement with
a collaborating physician which | ||||||
10 | authorizes them to perform health
examinations, or physician | ||||||
11 | assistants who have been delegated the
performance of health | ||||||
12 | examinations by their supervising physician
shall be
| ||||||
13 | responsible for the performance of the health examinations, | ||||||
14 | other than dental
examinations, eye examinations, and vision | ||||||
15 | and hearing screening, and shall sign all report forms
required | ||||||
16 | by subsection (4) of this Section that pertain to those | ||||||
17 | portions of
the health examination for which the physician, | ||||||
18 | advanced practice nurse, or
physician assistant is | ||||||
19 | responsible.
If a registered
nurse performs any part of a | ||||||
20 | health examination, then a physician licensed to
practice | ||||||
21 | medicine in all of its branches must review and sign all | ||||||
22 | required
report forms. Licensed dentists shall perform all | ||||||
23 | dental examinations and
shall sign all report forms required by | ||||||
24 | subsection (4) of this Section that
pertain to the dental | ||||||
25 | examinations. Physicians licensed to practice medicine
in all | ||||||
26 | its branches or licensed optometrists shall perform all eye |
| |||||||
| |||||||
1 | examinations
required by this Section and shall sign all report | ||||||
2 | forms required by
subsection (4) of this Section that pertain | ||||||
3 | to the eye examination. For purposes of this Section, an eye | ||||||
4 | examination shall at a minimum include history, visual acuity, | ||||||
5 | subjective refraction to best visual acuity near and far, | ||||||
6 | internal and external examination, and a glaucoma evaluation, | ||||||
7 | as well as any other tests or observations that in the | ||||||
8 | professional judgment of the doctor are necessary. Vision and
| ||||||
9 | hearing screening tests, which shall not be considered | ||||||
10 | examinations as that
term is used in this Section, shall be | ||||||
11 | conducted in accordance with rules and
regulations of the | ||||||
12 | Department of Public Health, and by individuals whom the
| ||||||
13 | Department of Public Health has certified.
In these rules and | ||||||
14 | regulations, the Department of Public Health shall
require that | ||||||
15 | individuals conducting vision screening tests give a child's
| ||||||
16 | parent or guardian written notification, before the vision | ||||||
17 | screening is
conducted, that states, "Vision screening is not a | ||||||
18 | substitute for a
complete eye and vision evaluation by an eye | ||||||
19 | doctor. Your child is not
required to undergo this vision | ||||||
20 | screening if an optometrist or
ophthalmologist has completed | ||||||
21 | and signed a report form indicating that
an examination has | ||||||
22 | been administered within the previous 12 months." | ||||||
23 | (3) Every child shall, at or about the same time as he or | ||||||
24 | she receives
a health examination required by subsection (1) of | ||||||
25 | this Section, present
to the local school proof of having | ||||||
26 | received such immunizations against
preventable communicable |
| |||||||
| |||||||
1 | diseases as the Department of Public Health shall
require by | ||||||
2 | rules and regulations promulgated pursuant to this Section and | ||||||
3 | the
Communicable Disease Prevention Act. | ||||||
4 | (4) The individuals conducting the health examination,
| ||||||
5 | dental examination, or eye examination shall record the
fact of | ||||||
6 | having conducted the examination, and such additional | ||||||
7 | information as
required, including for a health examination
| ||||||
8 | data relating to obesity
(including at a minimum, date of | ||||||
9 | birth, gender, height, weight, blood pressure, and date of | ||||||
10 | exam), on uniform forms which the Department of Public Health | ||||||
11 | and the State
Board of Education shall prescribe for statewide | ||||||
12 | use. The examiner shall
summarize on the report form any | ||||||
13 | condition that he or she suspects indicates a
need for special | ||||||
14 | services, including for a health examination factors relating | ||||||
15 | to obesity. The individuals confirming the administration of
| ||||||
16 | required immunizations shall record as indicated on the form | ||||||
17 | that the
immunizations were administered. | ||||||
18 | (5) If a child does not submit proof of having had either | ||||||
19 | the health
examination or the immunization as required, then | ||||||
20 | the child shall be examined
or receive the immunization, as the | ||||||
21 | case may be, and present proof by October
15 of the current | ||||||
22 | school year, or by an earlier date of the current school year
| ||||||
23 | established by a school district. To establish a date before | ||||||
24 | October 15 of the
current school year for the health | ||||||
25 | examination or immunization as required, a
school district must | ||||||
26 | give notice of the requirements of this Section 60 days
prior |
| |||||||
| |||||||
1 | to the earlier established date. If for medical reasons one or | ||||||
2 | more of
the required immunizations must be given after October | ||||||
3 | 15 of the current school
year, or after an earlier established | ||||||
4 | date of the current school year, then
the child shall present, | ||||||
5 | by October 15, or by the earlier established date, a
schedule | ||||||
6 | for the administration of the immunizations and a statement of | ||||||
7 | the
medical reasons causing the delay, both the schedule and | ||||||
8 | the statement being
issued by the physician, advanced practice | ||||||
9 | nurse, physician assistant,
registered nurse, or local health | ||||||
10 | department that will
be responsible for administration of the | ||||||
11 | remaining required immunizations. If
a child does not comply by | ||||||
12 | October 15, or by the earlier established date of
the current | ||||||
13 | school year, with the requirements of this subsection, then the
| ||||||
14 | local school authority shall exclude that child from school | ||||||
15 | until such time as
the child presents proof of having had the | ||||||
16 | health examination as required and
presents proof of having | ||||||
17 | received those required immunizations which are
medically | ||||||
18 | possible to receive immediately. During a child's exclusion | ||||||
19 | from
school for noncompliance with this subsection, the child's | ||||||
20 | parents or legal
guardian shall be considered in violation of | ||||||
21 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
22 | 26-10. This subsection (5) does not apply to dental | ||||||
23 | examinations and eye examinations. Until June 30, 2015, if the | ||||||
24 | student is an out-of-state transfer student and does not have | ||||||
25 | the proof required under this subsection (5) before October 15 | ||||||
26 | of the current year or whatever date is set by the school |
| |||||||
| |||||||
1 | district, then he or she may only attend classes (i) if he or | ||||||
2 | she has proof that an appointment for the required vaccinations | ||||||
3 | has been scheduled with a party authorized to submit proof of | ||||||
4 | the required vaccinations. If the proof of vaccination required | ||||||
5 | under this subsection (5) is not submitted within 30 days after | ||||||
6 | the student is permitted to attend classes, then the student is | ||||||
7 | not to be permitted to attend classes until proof of the | ||||||
8 | vaccinations has been properly submitted. No school district or | ||||||
9 | employee of a school district shall be held liable for any | ||||||
10 | injury or illness to another person that results from admitting | ||||||
11 | an out-of-state transfer student to class that has an | ||||||
12 | appointment scheduled pursuant to this subsection (5). | ||||||
13 | (6) Every school shall report to the State Board of | ||||||
14 | Education by November
15, in the manner which that agency shall | ||||||
15 | require, the number of children who
have received the necessary | ||||||
16 | immunizations and the health examination (other than a dental | ||||||
17 | examination or eye examination) as
required, indicating, of | ||||||
18 | those who have not received the immunizations and
examination | ||||||
19 | as required, the number of children who are exempt from health
| ||||||
20 | examination and immunization requirements on religious or | ||||||
21 | medical grounds as
provided in subsection (8). On or before | ||||||
22 | December 1 of each year, every public school district and | ||||||
23 | registered nonpublic school shall make publicly available the | ||||||
24 | immunization data they are required to submit to the State | ||||||
25 | Board of Education by November 15. The immunization data made | ||||||
26 | publicly available must be identical to the data the school |
| |||||||
| |||||||
1 | district or school has reported to the State Board of | ||||||
2 | Education. | ||||||
3 | Every school shall report to the State Board of Education | ||||||
4 | by June 30, in the manner that the State Board requires, the | ||||||
5 | number of children who have received the required dental | ||||||
6 | examination, indicating, of those who have not received the | ||||||
7 | required dental examination, the number of children who are | ||||||
8 | exempt from the dental examination on religious grounds as | ||||||
9 | provided in subsection (8) of this Section and the number of | ||||||
10 | children who have received a waiver under subsection (1.5) of | ||||||
11 | this Section. | ||||||
12 | Every school shall report to the State Board of Education | ||||||
13 | by June 30, in the manner that the State Board requires, the | ||||||
14 | number of children who have received the required eye | ||||||
15 | examination, indicating, of those who have not received the | ||||||
16 | required eye examination, the number of children who are exempt | ||||||
17 | from the eye examination as provided in subsection (8) of this | ||||||
18 | Section, the number of children who have received a waiver | ||||||
19 | under subsection (1.10) of this Section, and the total number | ||||||
20 | of children in noncompliance with the eye examination | ||||||
21 | requirement. | ||||||
22 | The reported information under this subsection (6) shall be | ||||||
23 | provided to the
Department of Public Health by the State Board | ||||||
24 | of Education. | ||||||
25 | (7) Upon determining that the number of pupils who are | ||||||
26 | required to be in
compliance with subsection (5) of this |
| |||||||
| |||||||
1 | Section is below 90% of the number of
pupils enrolled in the | ||||||
2 | school district, 10% of each State aid payment made
pursuant to | ||||||
3 | Section 18-8.05 to the school district for such year may be | ||||||
4 | withheld
by the State Board of Education until the number of | ||||||
5 | students in compliance with
subsection (5) is the applicable | ||||||
6 | specified percentage or higher. | ||||||
7 | (8) Parents or legal guardians who object to health,
| ||||||
8 | dental, or eye examinations or any part thereof, or to | ||||||
9 | immunizations, on religious grounds
shall not be required to | ||||||
10 | submit their children or wards to the examinations
or | ||||||
11 | immunizations to which they so object if such parents or legal | ||||||
12 | guardians
present to the appropriate local school authority a | ||||||
13 | signed statement of
objection, detailing the grounds for the | ||||||
14 | objection. If the physical condition
of the child is such that | ||||||
15 | any one or more of the immunizing agents should not
be | ||||||
16 | administered, the examining physician, advanced practice | ||||||
17 | nurse, or
physician assistant responsible for the performance | ||||||
18 | of the
health examination shall endorse that fact upon the | ||||||
19 | health examination form.
Exempting a child from the health,
| ||||||
20 | dental, or eye examination does not exempt the child from
| ||||||
21 | participation in a the program of physical education training | ||||||
22 | provided in
Sections 27-5 through 27-7 of this Code . | ||||||
23 | (9) For the purposes of this Section, "nursery schools" | ||||||
24 | means those nursery
schools operated by elementary school | ||||||
25 | systems or secondary level school units
or institutions of | ||||||
26 | higher learning. |
| |||||||
| |||||||
1 | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12; | ||||||
2 | 97-910, eff. 1-1-13.)
| ||||||
3 | (105 ILCS 5/27-22.05)
| ||||||
4 | Sec. 27-22.05. Required course substitute. Notwithstanding | ||||||
5 | any other
provision of this Article or this Code, a school | ||||||
6 | board that maintains any of
grades 9 through 12 is authorized | ||||||
7 | to adopt a policy under which
a student who is enrolled in any | ||||||
8 | of those grades
may satisfy one or more high school course or | ||||||
9 | graduation requirements,
including but not limited to any | ||||||
10 | requirements under Section Sections 27-6 and 27-22, by
| ||||||
11 | substituting for and successfully completing in place of the | ||||||
12 | high school course
or graduation requirement a related | ||||||
13 | vocational or technical education course.
A vocational or | ||||||
14 | technical education course shall not qualify as a related
| ||||||
15 | vocational or technical education course within the meaning of | ||||||
16 | this Section
unless it contains at least 50% of the content of | ||||||
17 | the required course or
graduation requirement for which it is | ||||||
18 | substituted, as determined by the State
Board of Education in | ||||||
19 | accordance with standards that it shall adopt and
uniformly | ||||||
20 | apply for purposes of this Section. No vocational or technical
| ||||||
21 | education course may be substituted for a required course or | ||||||
22 | graduation
requirement under any policy adopted by a school | ||||||
23 | board as authorized in this
Section unless the pupil's parent | ||||||
24 | or guardian first
requests the substitution and approves it in | ||||||
25 | writing on forms that the school
district makes available for |
| |||||||
| |||||||
1 | purposes of this Section.
| ||||||
2 | (Source: P.A. 88-269.)
| ||||||
3 | (105 ILCS 5/27-5 rep.)
| ||||||
4 | (105 ILCS 5/27-6 rep.)
| ||||||
5 | (105 ILCS 5/27-7 rep.)
| ||||||
6 | Section 10. The School Code is amended by repealing | ||||||
7 | Sections 27-5, 27-6, and 27-7.
| ||||||
8 | Section 99. Effective date. This Act takes effect July 1, | ||||||
9 | 2013.
|