99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1330

Introduced , by Rep. Ron Sandack

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/2-3.25g`	`from Ch. 122, par. 2-3.25g`
`105 ILCS 5/27-5`	`from Ch. 122, par. 27-5`
`105 ILCS 5/27-6`	`from Ch. 122, par. 27-6`
`105 ILCS 5/27-6.5`
`105 ILCS 5/27-7`	`from Ch. 122, par. 27-7`

Amends the School Code. Provides that physical education may (rather than shall) be provided to pupils. Makes related changes, including changes concerning physical fitness assessments. Removes a provision concerning the State Board of Education preparing and making available guidelines for the various grades and types of schools.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections

5 2-3.25g, 27-5, 27-6, 27-6.5, and 27-7 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

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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 educator licensure, teacher tenure

13 and 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 Eligible applicants may not seek a waiver or seek a

16 modification of a mandate regarding the requirements for (i)

17 student performance data to be a significant factor in teacher

18 or principal evaluations or (ii) ~~for~~ teachers and principals to

19 be rated using the 4 categories of "excellent", "proficient",

20 "needs improvement", or "unsatisfactory". On September 1,

21 2014, any previously authorized waiver or modification from

22 such requirements shall terminate.

23 (c) Eligible applicants, as a matter of inherent managerial

24 policy, and any Independent Authority established under

25 Section 2-3.25f-5 of this Code may submit an application for a

26 waiver or modification authorized under this Section. Each

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1 application must include a written request by the eligible

2 applicant or Independent Authority and must demonstrate that

3 the intent of the mandate can be addressed in a more effective,

4 efficient, or economical manner or be based upon a specific

5 plan for improved student performance and school improvement.

6 Any eligible applicant requesting a waiver or modification for

7 the reason that intent of the mandate can be addressed in a

8 more economical manner shall include in the application a

9 fiscal analysis showing current expenditures on the mandate and

10 projected savings resulting from the waiver or modification.

11 Applications and plans developed by eligible applicants must be

12 approved by the board or regional superintendent of schools

13 applying on behalf of schools or programs operated by the

14 regional office of education following a public hearing on the

15 application and plan and the opportunity for the board or

16 regional superintendent to hear testimony from staff directly

17 involved in its implementation, parents, and students. The time

18 period for such testimony shall be separate from the time

19 period established by the eligible applicant for public comment

20 on other matters. If the applicant is a school district or

21 joint agreement requesting a waiver or modification of Section

22 27-6 of this Code, the public hearing shall be held on a day

23 other than the day on which a regular meeting of the board is

24 held.

25 (c-5) If the applicant is a school district, then the

26 district shall post information that sets forth the time, date,

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1 place, and general subject matter of the public hearing on its

2 Internet website at least 14 days prior to the hearing. If the

3 district is requesting to increase the fee charged for driver

4 education authorized pursuant to Section 27-24.2 of this Code,

5 the website information shall include the proposed amount of

6 the fee the district will request. All school districts must

7 publish a notice of the public hearing at least 7 days prior to

8 the hearing in a newspaper of general circulation within the

9 school district that sets forth the time, date, place, and

10 general subject matter of the hearing. Districts requesting to

11 increase the fee charged for driver education shall include in

12 the published notice the proposed amount of the fee the

13 district will request. If the applicant is a joint agreement or

14 regional superintendent, then the joint agreement or regional

15 superintendent shall post information that sets forth the time,

16 date, place, and general subject matter of the public hearing

17 on its Internet website at least 14 days prior to the hearing.

18 If the joint agreement or regional superintendent is requesting

19 to increase the fee charged for driver education authorized

20 pursuant to Section 27-24.2 of this Code, the website

21 information shall include the proposed amount of the fee the

22 applicant will request. All joint agreements and regional

23 superintendents must publish a notice of the public hearing at

24 least 7 days prior to the hearing in a newspaper of general

25 circulation in each school district that is a member of the

26 joint agreement or that is served by the educational service

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1 region that sets forth the time, date, place, and general

2 subject matter of the hearing, provided that a notice appearing

3 in a newspaper generally circulated in more than one school

4 district shall be deemed to fulfill this requirement with

5 respect to all of the affected districts. Joint agreements or

6 regional superintendents requesting to increase the fee

7 charged for driver education shall include in the published

8 notice the proposed amount of the fee the applicant will

9 request. The eligible applicant must notify in writing the

10 affected exclusive collective bargaining agent and those State

11 legislators representing the eligible applicant's territory of

12 its intent to seek approval of a waiver or modification and of

13 the hearing to be held to take testimony from staff. The

14 affected exclusive collective bargaining agents shall be

15 notified of such public hearing at least 7 days prior to the

16 date of the hearing and shall be allowed to attend such public

17 hearing. The eligible applicant shall attest to compliance with

18 all of the notification and procedural requirements set forth

19 in this Section.

20 (d) A request for a waiver or modification of

21 administrative rules and regulations or for a modification of

22 mandates contained in this School Code shall be submitted to

23 the State Board of Education within 15 days after approval by

24 the board or regional superintendent of schools. The

25 application as submitted to the State Board of Education shall

26 include a description of the public hearing. Except with

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1 respect to contracting for adaptive driver education, an

2 eligible applicant wishing to request a modification or waiver

3 of administrative rules of the State Board of Education

4 regarding contracting with a commercial driver training school

5 to provide the course of study authorized under Section 27-24.2

6 of this Code must provide evidence with its application that

7 the commercial driver training school with which it will

8 contract holds a license issued by the Secretary of State under

9 Article IV of Chapter 6 of the Illinois Vehicle Code and that

10 each instructor employed by the commercial driver training

11 school to provide instruction to students served by the school

12 district holds a valid teaching certificate or teaching

13 license, as applicable, issued under the requirements of this

14 Code and rules of the State Board of Education. Such evidence

15 must include, but need not be limited to, a list of each

16 instructor assigned to teach students served by the school

17 district, which list shall include the instructor's name,

18 personal identification number as required by the State Board

19 of Education, birth date, and driver's license number. If the

20 modification or waiver is granted, then the eligible applicant

21 shall notify the State Board of Education of any changes in the

22 personnel providing instruction within 15 calendar days after

23 an instructor leaves the program or a new instructor is hired.

24 Such notification shall include the instructor's name,

25 personal identification number as required by the State Board

26 of Education, birth date, and driver's license number. If a

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1 school district maintains an Internet website, then the

2 district shall post a copy of the final contract between the

3 district and the commercial driver training school on the

4 district's Internet website. If no Internet website exists,

5 then the district shall make available the contract upon

6 request. A record of all materials in relation to the

7 application for contracting must be maintained by the school

8 district and made available to parents and guardians upon

9 request. The instructor's date of birth and driver's license

10 number and any other personally identifying information as

11 deemed by the federal Driver's Privacy Protection Act of 1994

12 must be redacted from any public materials. Following receipt

13 of the waiver or modification request, the State Board shall

14 have 45 days to review the application and request. If the

15 State Board fails to disapprove the application within that 45

16 day period, the waiver or modification shall be deemed granted.

17 The State Board may disapprove any request if it is not based

18 upon sound educational practices, endangers the health or

19 safety of students or staff, compromises equal opportunities

20 for learning, or fails to demonstrate that the intent of the

21 rule or mandate can be addressed in a more effective,

22 efficient, or economical manner or have improved student

23 performance as a primary goal. Any request disapproved by the

24 State Board may be appealed to the General Assembly by the

25 eligible applicant as outlined in this Section.

26 A request for a waiver from mandates contained in this

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1 School Code shall be submitted to the State Board within 15

2 days after approval by the board or regional superintendent of

3 schools. The application as submitted to the State Board of

4 Education shall include a description of the public hearing.

5 The description shall include, but need not be limited to, the

6 means of notice, the number of people in attendance, the number

7 of people who spoke as proponents or opponents of the waiver, a

8 brief description of their comments, and whether there were any

9 written statements submitted. The State Board shall review the

10 applications and requests for completeness and shall compile

11 the requests in reports to be filed with the General Assembly.

12 The State Board shall file reports outlining the waivers

13 requested by eligible applicants and appeals by eligible

14 applicants of requests disapproved by the State Board with the

15 Senate and the House of Representatives before each March 1 and

16 October 1. The General Assembly may disapprove the report of

17 the State Board in whole or in part within 60 calendar days

18 after each house of the General Assembly next convenes after

19 the report is filed by adoption of a resolution by a record

20 vote of the majority of members elected in each house. If the

21 General Assembly fails to disapprove any waiver request or

22 appealed request within such 60 day period, the waiver or

23 modification shall be deemed granted. Any resolution adopted by

24 the General Assembly disapproving a report of the State Board

25 in whole or in part shall be binding on the State Board.

26 (e) An approved waiver or modification ~~(except a waiver~~

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1 ~~from or modification to a physical education mandate)~~ may

2 remain in effect for a period not to exceed 5 school years and

3 may be renewed upon application by the eligible applicant.

4 However, such waiver or modification may be changed within that

5 5-year period by a board or regional superintendent of schools

6 applying on behalf of schools or programs operated by the

7 regional office of education following the procedure as set

8 forth in this Section for the initial waiver or modification

9 request. If neither the State Board of Education nor the

10 General Assembly disapproves, the change is deemed granted.

11 ~~An approved waiver from or modification to a physical~~

12 ~~education mandate may remain in effect for a period not to~~

13 ~~exceed 2 school years and may be renewed no more than 2 times~~

14 ~~upon application by the eligible applicant. An approved waiver~~

15 ~~from or modification to a physical education mandate may be~~

16 ~~changed within the 2-year period by the board or regional~~

17 ~~superintendent of schools, whichever is applicable, following~~

18 ~~the procedure set forth in this Section for the initial waiver~~

19 ~~or modification request. If neither the State Board of~~

20 ~~Education nor the General Assembly disapproves, the change is~~

21 ~~deemed granted.~~

22 (f) (Blank).

23 (Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14;

24 98-739, eff. 7-16-14; 98-1155, eff. 1-9-15; revised 2-1-15.)

25 (105 ILCS 5/27-5) (from Ch. 122, par. 27-5)

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1 Sec. 27-5. Physical education and training. School boards

2 of public schools and the Board of Governors of State Colleges

3 and Universities may ~~shall~~ provide for the physical education

4 and training of pupils of the schools and laboratory schools

5 under their respective control~~,~~ and may ~~shall~~ include physical

6 education and training in the courses of study regularly taught

7 therein. The physical education and training course offered in

8 grades 5 through 10 may include the health education course

9 required in the Critical Health Problems and Comprehensive

10 Health Education Act.

11 (Source: P.A. 89-618, eff. 8-9-96.)

12 (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)

13 Sec. 27-6. Courses in physical education ~~required~~; special

14 activities.

15 (a) Pupils enrolled in the public schools and State

16 universities engaged in preparing teachersmay ~~shall be~~

17 ~~required to~~engage daily during the school day, except on block

18 scheduled days for those public schools engaged in block

19 scheduling, in courses of physical education for such periods

20 as are compatible with the optimum growth and developmental

21 needs of individuals at the various age levels except when

22 appropriate excuses are submitted to the school by a pupil's

23 parent or guardian or by a person licensed under the Medical

24 Practice Act of 1987 and except as provided in subsection (b)

25 of this Section.

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1 If a public school elects to provide physical education,

2 special ~~Special~~ activities in physical education shall be

3 provided for pupils whose physical or emotional condition, as

4 determined by a person licensed under the Medical Practice Act

5 of 1987, prevents their participation in the courses provided

6 for normal children.

7 (b) A school board is authorized to excuse pupils enrolled

8 in grades 11 and 12 from engaging in physical education courses

9 if those pupils request to be excused for any of the following

10 reasons: (1) for ongoing participation in an interscholastic

11 athletic program; (2) to enroll in academic classes which are

12 required for admission to an institution of higher learning,

13 provided that failure to take such classes will result in the

14 pupil being denied admission to the institution of his or her

15 choice; or (3) to enroll in academic classes which are required

16 for graduation from high school, provided that failure to take

17 such classes will result in the pupil being unable to graduate.

18 A school board may also excuse pupils in grades 9 through 12

19 enrolled in a marching band program for credit from engaging in

20 physical education courses if those pupils request to be

21 excused for ongoing participation in such marching band

22 program. In addition, a pupil in any of grades 3 through 12 who

23 is eligible for special education may be excused if the pupil's

24 parent or guardian agrees that the pupil must utilize the time

25 set aside for physical education to receive special education

26 support and services or, if there is no agreement, the

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1 individualized education program team for the pupil determines

2 that the pupil must utilize the time set aside for physical

3 education to receive special education support and services,

4 which agreement or determination must be made a part of the

5 individualized education program. However, a pupil requiring

6 adapted physical education must receive that service in

7 accordance with the individualized education program developed

8 for the pupil. If requested, a school board is authorized to

9 excuse a pupil from engaging in a physical education course if

10 the pupil has an individualized educational program under

11 Article 14 of this Code, is participating in an adaptive

12 athletic program outside of the school setting, and documents

13 such participation as determined by the school board. A school

14 board may also excuse pupils in grades 9 through 12 enrolled in

15 a Reserve Officer's Training Corps (ROTC) program sponsored by

16 the school district from engaging in physical education

17 courses. School boards which choose to exercise this authority

18 may ~~shall~~establish a policy to excuse pupils on an individual

19 basis.

20 (c) The provisions of this Section are subject to the

21 provisions of Section 27-22.05.

22 (Source: P.A. 98-116, eff. 7-29-13.)

23 (105 ILCS 5/27-6.5)

24 Sec. 27-6.5. Physical fitness assessments in schools.

25 (a) As used in this Section, "physical fitness assessment"

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1 means a series of assessments to measure aerobic capacity, body

2 composition, muscular strength, muscular endurance, and

3 flexibility.

4 (b) To measure the effectiveness of State Goal 20 of the

5 Illinois Learning Standards for Physical Development and

6 Health, beginning with the 2016-2017 school year and every

7 school year thereafter, the State Board of Education may allow

8 ~~shall require~~ all public schools to use a scientifically-based,

9 health-related physical fitness assessment for grades 3

10 through 12 and periodically report fitness information to the

11 State Board of Education, as set forth in subsections (c) and

12 (e) of this Section, to assess student fitness indicators.

13 Public schools may ~~shall~~ integrate health-related fitness

14 testing into the curriculum as an instructional tool, except in

15 grades before the 3rd grade. Fitness tests must be appropriate

16 to students' developmental levels and physical abilities. The

17 testing must be used to teach students how to assess their

18 fitness levels, set goals for improvement, and monitor progress

19 in reaching their goals. Fitness scores shall not be used for

20 grading students or evaluating teachers.

21 (c) On or before October 1, 2014, the State Superintendent

22 of Education shall appoint a 15-member stakeholder and expert

23 task force, including members representing organizations that

24 represent physical education teachers, school officials,

25 principals, health promotion and disease prevention advocates

26 and experts, school health advocates and experts, and other

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1 experts with operational and academic expertise in the

2 measurement of fitness. The task force shall make

3 recommendations to the State Board of Education on the

4 following:

5 (1) methods for ensuring the validity and uniformity of

6 reported physical fitness assessment scores, including

7 assessment administration protocols and professional

8 development approaches for physical education teachers;

9 (2) how often physical fitness assessment scores

10 should be reported to the State Board of Education;

11 (3) the grade levels within elementary, middle, and

12 high school categories for which physical fitness

13 assessment scores should be reported to the State Board of

14 Education;

15 (4) the minimum fitness indicators that should be

16 reported to the State Board of Education, including, but

17 not limited to, a score for aerobic capacity (for grades 4

18 through 12); muscular strength; endurance; and

19 flexibility;

20 (5) the demographic information that should accompany

21 the scores, including, but not limited to, grade and

22 gender;

23 (6) the development of protocols regarding the

24 protection of students' confidentiality and individual

25 information and identifiers; and

26 (7) how physical fitness assessment data should be

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1 reported by the State Board of Education to the public,

2 including potential correlations with student academic

3 achievement, attendance, and discipline data and other

4 recommended uses of the reported data.

5 The State Board of Education shall provide administrative

6 and other support to the task force.

7 The task force shall submit its recommendations on physical

8 fitness assessments on or before April 1, 2015. The task force

9 may also recommend methods for assessing student progress on

10 State Goals 19 and 21 through 24 of the Illinois Learning

11 Standards for Physical Development and Health. The task force

12 is dissolved on April 30, 2015.

13 The provisions of this subsection (c), other than this

14 sentence, are inoperative after March 31, 2016.

15 (d) On or before December 31, 2015, the State Board of

16 Education shall use the recommendations of the task force under

17 subsection (c) of this Section to adopt rules for the

18 implementation of physical fitness assessments by each public

19 school, electing to participate, for the 2016-2017 school year

20 and every school year thereafter.

21 (e) On or before September 1, 2016, the State Board of

22 Education may ~~shall~~ adopt rules for data submission by school

23 districts and develop a system for collecting and reporting the

24 aggregated fitness information from the physical fitness

25 assessments. This system may ~~shall~~ also support the collection

26 of data from school districts that use a fitness testing

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1 software program.

2 (f) School districts may report the aggregate findings of

3 physical fitness assessments by grade level and school to

4 parents and members of the community through typical

5 communication channels, such as Internet websites, school

6 newsletters, school board reports, and presentations.

7 Districts may also provide individual fitness assessment

8 reports to students' parents.

9 (g) Nothing in this Section precludes schools from

10 implementing a physical fitness assessment before the

11 2016-2017 school year or from implementing more robust forms of

12 a physical fitness assessment.

13 (Source: P.A. 98-859, eff. 8-4-14.)

14 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)

15 Sec. 27-7. Physical education course of study.A physical

16 education course of study may ~~shall~~ include a developmentally

17 planned and sequential curriculum that fosters the development

18 of movement skills, enhances health-related fitness, increases

19 students' knowledge, offers direct opportunities to learn how

20 to work cooperatively in a group setting, and encourages

21 healthy habits and attitudes for a healthy lifestyle. A

22 physical education course of study may ~~shall~~ provide students

23 with an opportunity for an appropriate amount of daily physical

24 activity. A physical education course of study may ~~must~~ be part

25 of the regular school curriculum ~~and not extra-curricular in~~

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1 ~~nature or organization~~.

2 ~~The State Board of Education shall prepare and make~~

3 ~~available guidelines for the various grades and types of~~

4 ~~schools in order to make effective the purposes set forth in~~

5 ~~this section and the requirements provided in Section 27-6, and~~

6 ~~shall see that the general provisions and intent of Sections~~

7 ~~27-5 to 27-9, inclusive, are enforced.~~

8 (Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)