Under Illinois law, school districts have been able to charge a fee not to exceed $50 to students who participate in a driver’s education course, unless a student is unable to pay for the course, in which event the fee must be waived. Public Act 97-145, signed by the governor on July 14, 2011, amends Section 27-24.2 of the School Code [105 ILCS 5/27-24.2] to allow a district, following a public hearing and via board resolution, to increase this fee to an amount not to exceed $250 (but must continue to waive the fee for students unable to afford the course).

Please note, however, that this increase in the fee that may be charged for driver’s education does not allow districts, in determining a reasonable fee, to include any portion of the salaries or benefits of school district personnel providing driver’s education in that equation.

Districts with an approved waiver from the General Assembly to raise fees above the former $50 limit set in the School Code will continue to hold that waiver until its expiration date. At that time, districts will face three possible situations:

• Districts intending to charge $250 or less, and not planning to use salary or benefits costs in their fee calculations, will not need to apply for a waiver, but will need to hold a public hearing and set the new fee via board resolution in accordance with PA 97-145.

• Districts intending to assess a fee of $250 or less, and planning to use salary and benefit costs in their fee calculations, will need to seek a waiver of rules from the State Board of Education allowing them to include such costs in their calculations.