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Ex. AGY-ST-EDUCATION-HIGHER-ED-030 Order Primary source read

23 Ill. Adm. Code Part 5, Remote Learning Days (emergency rule, sections 5.5 and 5.10), 44 Ill. Reg. (March 2020)

Emergency rule authorizing the State Superintendent to declare a requirement to use Remote Learning Days for the entire State, during which schools must conduct instruction remotely

Illinois State Board of Education · Illinois State Board of Education; State level (State)

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The record

Jurisdiction
Illinois State Board of Education; State level · Illinois
Level
State
Authority
105 ILCS 5/2-3.6; 5 ILCS 100/5-45
Issued
2020-03-27 Mar. 27, 2020
Effective
2020-03-27 (emergency, maximum 150 days); Remote Learning Days declared statewide from March 31, 2020 (Ex. 033) (read as 2020-03-27)
End
150 days (emergency); the statutory remote-learning-day provisions were later codified by Public Act 101-643 (June 12, 2020) (read as 2020-06-12)
In force
Mar. 27, 2020 to June 12, 2020
Quarters
2020 Q22020 Q3
Limitation types
Business closureSchools and child careOther
Addressees
  • every school district and school, grades pre-kindergarten through 12
  • the State Superintendent
Functions reached
  • IN in-person instruction replaced by mandatory remote instruction
  • RL remote learning (plans, accessibility, special populations)
  • HR work under Remote Learning Day Plans 'mutually agreed upon' with bargaining units
  • WF parents' workforce
  • CB families
Collection
State education and higher-education authorities AGY-ST-EDUCATION-HIGHER-ED

Operative words

Section 5.10 Remote Learning Days EMERGENCY a) Notwithstanding the provisions of 23 Ill. Adm. Code 1, when a Gubernatorial Disaster has been proclaimed or when any other exigent circumstance exists, as deemed by the State Superintendent, the State Superintendent may declare a requirement to use Remote Learning Days for a district, multiple districts, a region, or the entire State. During Remote Learning Days, schools must conduct instruction remotely. Once declared, Remote Learning Days will be implemented in any of grades pre-kindergarten through 12 as days of attendance, and shall be deemed pupil attendance days for calculation of the length of a school term under Section 10-19 of the School Code.... c) For any school or district that does not implement an e-learning program under Section 10-20.56 of the Code, the school or district must adopt a Remote Learning Day Plan

Enforcement

105 ILCS 5/2-3.25 and 23 Ill. Adm. Code 1.20 (recognition); 105 ILCS 5/18-8.15 (general State aid tied to attendance days, which the rule deems satisfied)

Notes

The legal mechanism of Illinois's spring 2020 school closure at the agency level; the State Superintendent's declaration (Ex. 033) invoked it the same day

Retrieval note

Illinois Register notice of emergency rule read in full (capture of April 1, 2020); the Register page and effective-date blanks are as filed.