HB 2789

  • Illinois House Bill
  • 102nd Regular Session
  • Introduced in House Apr 23, 2021
  • Passed House Apr 22, 2021
  • Senate
  • Governor

School-Public Health Emergency

Abstract

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. If the Governor has declared a disaster due to a public health emergency, requires the Department of Public Health to establish metrics for school districts and public institutions of higher education to use during the public health emergency in determining if the district or institution may safely conduct in-person instruction or if the district or institution must implement remote learning or blended remote learning to keep students and staff safe. Provides that the metrics shall be enforced by the Department, in cooperation with the State Board of Education and the Board of Higher Education. Requires the Department, the State Board of Education, and the Board of Higher Education to follow all guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as it pertains to schools and institutions of higher education during the public health emergency. Provides that the Department shall be responsible for providing rapid COVID-19 testing in public schools and public institutions of higher education. Amends the School Code and the Board of Higher Education Act. Requires school districts and public institutions of higher education to grant paid sick leave to their employees if they contract the illness for which the public health emergency was declared. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 110 ILCS 205/9.40 new Adds reference to: 105 ILCS 5/10-20.75 new 105 ILCS 5/34-18.68 new 110 ILCS 205/9.41 new Replaces everything after the enacting clause. Reinserts the contents of the introduced bill with the following changes. Provides that the Department of Public Health shall establish metrics and develop recommended guidelines (rather than establish metrics) for school districts and public institutions of higher education to use during the public health emergency. Removes the enforcement provisions and other provisions concerning the State Board of Education and the Board of Higher Education. Provides that the rapid COVID-19 testing shall be paid for from federal relief funds. Provides that an employee shall receive paid sick leave only if the employee (i) has used the full amount of paid sick leave already allotted to the employee and (ii) the employee provides medical documentation that the employee has contracted the illness for which the disaster was declared. Further amends the School Code. Provides that during the public health emergency, a school board and the exclusive bargaining representative of the district's teachers, if any, shall negotiate the procedures and protocols that shall be implemented to safely conduct in-person instruction. Provides that the procedures and protocols agreed to by the board and the exclusive bargaining representative shall become part of the district's plan to reopen schools safely and the State Board of Education and the Department of Public Health shall enforce the terms of the plan. Provides that if the school board and the exclusive bargaining representative cannot agree on the procedures and protocols that shall be implemented to safely conduct in-person instruction, the school board shall follow the recommended guidelines developed by the Department of Public Health. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.75 new 105 ILCS 5/24-6 105 ILCS 5/34-18.67 new 105 ILCS 5/34-18.68 new 110 ILCS 205/9.41 new Adds reference to: 105 ILCS 5/22-92 new Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department shall establish requirements by rule for providing in-person instruction at nonpublic schools and public schools that include, but are not limited to, personal protective equipment, cleaning and hygiene, social distancing, occupancy limits, symptom screening, onsite isolation protocols, and shall provide those requirements to nonpublic schools and public schools with the assistance of the Illinois State Board of Education. Provides that upon receipt of a complaint that a school cannot or is not complying with the Department's rules, the Department or local public health department shall investigate the complaint. Provides that if upon investigation, a school is found to be in violation of the rules, the Department has the authority to take the appropriate action necessary to promote the health or protect the safety of students, staff, and the public, including, but not limited to, closure of a classroom, gym, library, lunch room, or any other school space until such time that the Department determines that the violation or violations have been remedied. Makes other changes. Amends the School Code. Provides that in order to provide in-person instruction, nonpublic schools and public schools must follow the requirements for providing in-person instruction adopted by the Department by rule. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new 105 ILCS 5/22-92 new Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 105 ILCS 5/2-3.25 from Ch. 122, par. 2-3.25 105 ILCS 5/2-3.25o 105 ILCS 5/10-20 from Ch. 122, par. 10-20 105 ILCS 5/10-30 105 ILCS 5/21B-5 105 ILCS 5/34-18.66 Replaces everything after the enacting clause. Amends the School Code. In provisions concerning standards for schools, provides that the State Board of Education may issue, refuse to issue, or revoke recognition (rather than may issue, refuse to issue, or revoke certificates of recognition) for schools. Provides that the State Board of Education may revoke recognition for schools that fail to comply with public health requirements issued by the Illinois Department of Public Health when a public health emergency is declared by the Governor. Amends provisions concerning the registration and recognition of nonpublic schools by requiring a nonpublic school to comply with public health requirements issued by the Illinois Department of Public Health during a public health emergency. Prohibits a school board from passing any resolution that is in contravention of any requirement established by the Illinois Department of Public Health during a public health emergency. Makes similar changes to provisions concerning the licensure powers of the State Board of Education. In provisions concerning the Chicago school district, public schools, and nonpublic schools, requires a school to comply with all public health requirements issued by the Illinois Department of Public Health during a declared public health emergency. Requires schools to investigate complaints of noncompliance with the public health requirements; sets forth complaint procedures. Provides that the State Superintendent of Education may require a school to operate fully remotely if the public health requirements are not followed. Sets forth penalty provisions. Provides for rulemaking by the State Board of Education. Makes a corresponding change in the Illinois Administrative Procedure Act.

Bill Sponsors (3)

Votes


Actions


Jun 15, 2021

Senate

Rule 3-9(a) / Re-referred to Assignments

May 31, 2021

Senate

Rule 2-10 Third Reading Deadline Established As June 15, 2021

May 27, 2021

Senate

Second Reading

Senate

Placed on Calendar Order of 2nd Reading

Senate

Do Pass as Amended Executive; 010-006-001

Senate

Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter

Senate

Senate Committee Amendment No. 1 Adopted

Senate

Placed on Calendar Order of 3rd Reading May 28, 2021

May 24, 2021

Senate

Senate Committee Amendment No. 1 Assignments Refers to Executive

May 21, 2021

Senate

Rule 2-10 Committee Deadline Established As May 29, 2021

May 20, 2021

Senate

Senate Committee Amendment No. 1 Referred to Assignments

Senate

Senate Committee Amendment No. 1 Filed with Secretary by Sen. Christopher Belt

May 18, 2021

Senate

Assigned to Executive

Apr 23, 2021

Senate

Chief Senate Sponsor Sen. Christopher Belt

Senate

Arrive in Senate

Senate

Referred to Assignments

Senate

First Reading

Senate

Placed on Calendar Order of First Reading

Apr 22, 2021

House

Third Reading - Short Debate - Passed 070-042-000

House

House Floor Amendment No. 2 Adopted

House

Placed on Calendar Order of 3rd Reading - Short Debate

Apr 21, 2021

House

Second Reading - Short Debate

House

House Floor Amendment No. 2 Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 014-009-000

House

Held on Calendar Order of Second Reading - Short Debate

House

House Floor Amendment No. 2 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee

Apr 20, 2021

House

House Floor Amendment No. 2 Filed with Clerk by Rep. Michelle Mussman

House

House Floor Amendment No. 2 Referred to Rules Committee

Apr 08, 2021

House

Placed on Calendar 2nd Reading - Short Debate

Mar 24, 2021

House

House Committee Amendment No. 1 Adopted in Elementary & Secondary Education: School Curriculum & Policies Committee; by Voice Vote

House

Do Pass as Amended / Short Debate Elementary & Secondary Education: School Curriculum & Policies Committee; 015-007-000

Mar 23, 2021

House

House Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee

Mar 22, 2021

House

House Committee Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman

House

House Committee Amendment No. 1 Referred to Rules Committee

Mar 09, 2021

House

Assigned to Elementary & Secondary Education: School Curriculum & Policies Committee

Feb 19, 2021

House

First Reading

House

Referred to Rules Committee

Feb 18, 2021

House

Filed with the Clerk by Rep. Michelle Mussman

Bill Text

Bill Text Versions Format
Introduced HTML PDF
Engrossed HTML PDF
House Amendment 001 HTML PDF
House Amendment 002 HTML PDF
Senate Amendment 001 HTML PDF

Related Documents

Document Format
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Sources

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