By: Brittany Flaherty Theis

The Illinois State Board of Education (“ISBE”) has adopted emergency (temporary) amendments to the Illinois Administrative Code related to a pilot program for electronic learning (“e-learning”) on snow days or other emergency days when classes are canceled. A proposed rule, which would not be temporary if adopted, mirrors the emergency rule, both of which outline the application process and minimum requirements a district must meet if chosen as one of three schools to participate in the pilot program (together referred to as the “Rules”).

Public Act 99-194 (the “Act”), effective July 30, 2015, sets forth criteria that a school district must meet in order to offer e-learning instruction in lieu of using one or more of the five emergency days required to be included in its school calendar. Unlike emergency days, a district would not be required to make up the day at the end of the school year. Additionally, a school district approved for the e-learning pilot program would be able to count the students participating electronically as “present” when it calculates average daily attendance for general State aid purposes.

At this time, only three districts are authorized to participate in the pilot program under the Act. The Rules establish a Request for Application process. Instruction on an e-learning day may be provided through the Internet, by telephones or text messages, in chat rooms, or through other similar means of electronic communication that enables interaction between students and teachers. School districts must provide at least five clock hours of instruction for all of its students. The instruction must cover all required subject areas, be based on lesson plans, and meet the academic goals and learning objectives of the district.

Participants in the e-learning pilot program must submit reports to their respective regional office of education after each e-learning day and at the end of the three-year pilot program. The report about the district’s use of an e-learning day must address its successes and challenges and include a comparison of attendance of teachers and students in the three days prior to the e-learning day to that of teachers and students on the e-learning day. These reports will assist ISBE in formulating its report to the General Assembly about whether e-learning should be expanded statewide, and will provide information for auditing purposes to ensure districts are complying with all requirements for the receipt of general State aid.

Both of the Rules were published in the Illinois Register on September 4, 2015. ISBE is accepting public comments on the proposed rulemaking so long as they are submitted within 45 days after that publication. Whitt Law will continue to monitor developments regarding the e-learning pilot program. Please contact Whitt Law Attorney Brittany Flaherty Theis should you have any questions.

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