SCHOOL-PUBLIC HEALTH EMERGENCY

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.