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90_HB0689ham003 LRB9001415THpkam02 1 AMENDMENT TO HOUSE BILL 689 2 AMENDMENT NO. . Amend House Bill 689, AS AMENDED, by 3 replacing everything after the enacting clause with the 4 following: 5 "Section 5. The School Code is amended by changing 6 Section 2-3.25g as follows: 7 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) 8 Sec. 2-3.25g. Waiver or modification of mandates within 9 the School Code and administrative rules and regulations. 10 Notwithstanding any other provisions of this School Code or 11 any other law of this State to the contrary, school districts 12 may petition the State Board of Education for the waiver or 13 modification of the mandates of this School Code or of the 14 administrative rules and regulations promulgated by the State 15 Board of Education. Waivers or modifications of 16 administrative rules and regulations and modifications of 17 mandates of this School Code may be requested when a school 18 district demonstrates that it can address the intent of the 19 rule or mandate in a more effective, efficient, or economical 20 manner or when necessary to stimulate innovation or improve 21 student performance. Waivers of mandates of the School Code 22 may be requested when the waivers are necessary to stimulate -2- LRB9001415THpkam02 1 innovation or improve student performance. Waivers may not 2 be requested from laws, rules, and regulations pertaining to 3 special education, teacher certification, or teacher tenure 4 and seniority. 5 School districts, as a matter of inherent managerial 6 policy, and any Independent Authority established under 7 Section 2-3.25f may submit an application for a waiver or 8 modification authorized under this Section. Each application 9 must include a written request by the school district or 10 Independent Authority and must demonstrate that the intent of 11 the mandate can be addressed in a more effective, efficient, 12 or economical manner or be based upon a specific plan for 13 improved student performance and school improvement. Any 14 district requesting a waiver or modification for the reason 15 that intent of the mandate can be addressed in a more 16 economical manner shall include in the application a fiscal 17 analysis showing current expenditures on the mandate and 18 projected savings resulting from the waiver or modification. 19 Applications and plans developed by school districts must be 20 approved by each board of education following a public 21 hearing on the application and plan and the opportunity for 22 the board to hear testimony from educators directly involved 23 in its implementation, parents, and students. The public 24 hearing must be preceded by at least one published notice 25 occurring at least 7 days prior to the hearing in a newspaper 26 of general circulation within the school district that sets 27 forth the time, date, place, and general subject matter of 28 the hearing. The school district must notify in writing the 29 affected exclusive collective bargaining agent and those 30 State legislators representing the district holding the 31 public hearing of the district's intent to seek approval of a 32 waiver or modification and of the hearing to be held to take 33 testimony from educators. The affected exclusive collective 34 bargaining agents shall be notified of such public hearing at -3- LRB9001415THpkam02 1 least 7 days prior to the date of the hearing and shall be 2 allowed to attend such public hearing. 3 A request for a waiver or modification of administrative 4 rules and regulations or for a modification of mandates 5 contained in this School Code shall be submitted to the State 6 Board of Education within 15 days after approval by the board 7 of education. Following receipt of the request, the State 8 Board shall have 45 days to review the application and 9 request. If the State Board fails to disapprove the 10 application within that 45 day period, the waiver or 11 modification shall be deemed granted. The State Board may 12 disapprove any request if it is not based upon sound 13 educational practices, endangers the health or safety of 14 students or staff, compromises equal opportunities for 15 learning, or fails to demonstrate that the intent of the rule 16 or mandate can be addressed in a more effective, efficient, 17 or economical manner or have improved student performance as 18 a primary goal. Any request disapproved by the State Board 19 may be appealed to the General Assembly by the requesting 20 school district as outlined in this Section. 21 A request for a waiver from mandates contained in this 22 School Code shall be submitted to the State Board within 15 23 days after approval by the board of education. The State 24 Board shall review the applications and requests for 25 completeness and shall compile the requests in reports to be 26 filed withwithinthe General Assembly. The State Board shall 27 file reports outlining the waivers requested by school 28 districts and appeals by school districts of requests 29 disapproved by the State Board with the Senate and,the House 30 of Representatives, and the Secretary of State before October311, 1995, and thereafterbefore each May 1 and October 1. The 32 General Assembly may disapprove the report of the State Board 33 in whole or in part within 30 calendar days after each house 34 of the General Assemblylegislaturenext convenes after the -4- LRB9001415THpkam02 1 report is filed by adoption of a resolution by a record vote 2 of the majority of members elected in each house. If the 3 General Assembly fails to disapprove any waiver request or 4 appealed request within such 30 day period, the waiver or 5 modification shall be deemed granted. Any resolution adopted 6 by the General Assembly disapproving a report of the State 7 Board in whole or in part shall be binding on the State 8 Board. 9 An approved waiver or modification may remain in effect 10 for a period not to exceed 5fiveschool years and may be 11 renewed upon application by the school district. However, 12 such waiver or modification may be changed within that 5-year 13 period by a local school district board following the 14 procedure as set forth in this Section for the initial waiver 15 or modification request. If neither the State Board of 16 Education nor the General Assembly disapproves, the change is 17 deemed granted. 18 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.".