State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

90_SB1475sam001

                                          SRS90SB1475KSawam01
 1                    AMENDMENT TO SENATE BILL 1475
 2        AMENDMENT NO.     .  Amend Senate Bill 1475 by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  School Code by changing Section
 5    2-3.25g."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.  The  School  Code  is  amended  by changing
 9    Section 2-3.25g as follows:
10        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
11        Sec. 2-3.25g.  Waiver or modification of mandates  within
12    the  School  Code  and  administrative rules and regulations.
13    Notwithstanding any other provisions of this School  Code  or
14    any other law of this State to the contrary, school districts
15    and joint agreements made up of school districts may petition
16    the  State  Board of Education for the waiver or modification
17    of the mandates of this School Code or of the  administrative
18    rules  and  regulations  promulgated  by  the  State Board of
19    Education.  Waivers or modifications of administrative  rules
20    and  regulations and modifications of mandates of this School
21    Code may  be  requested  when  a  school  district  or  joint
                            -2-           SRS90SB1475KSawam01
 1    agreement  demonstrates that it can address the intent of the
 2    rule or mandate in a more effective, efficient, or economical
 3    manner or when necessary to stimulate innovation  or  improve
 4    student  performance.  Waivers of mandates of the School Code
 5    may be requested when the waivers are necessary to  stimulate
 6    innovation  or  improve student performance.  Waivers may not
 7    be requested from laws, rules, and regulations pertaining  to
 8    special  education,  teacher certification, or teacher tenure
 9    and seniority.
10        School districts and joint agreements made up  of  school
11    districts, as a matter of inherent managerial policy, and any
12    Independent  Authority  established under Section 2-3.25f may
13    submit an application for a waiver or modification authorized
14    under this Section.  Each application must include a  written
15    request   by   the   school  district,  joint  agreement,  or
16    Independent Authority and must demonstrate that the intent of
17    the mandate can be addressed in a more effective,  efficient,
18    or  economical  manner  or  be based upon a specific plan for
19    improved student performance and  school  improvement.    Any
20    entity  district  requesting a waiver or modification for the
21    reason that the intent of the mandate can be addressed  in  a
22    more  economical  manner  shall  include in the application a
23    fiscal analysis showing current expenditures on  the  mandate
24    and   projected   savings   resulting   from  the  waiver  or
25    modification.  An application and plan Applications and plans
26    developed by a school district or a joint agreement  made  up
27    of  school districts must be approved by the local each board
28    of education or the  joint  agreement's  governing  board  or
29    administrative  district,  as  the  case  may be, following a
30    public  hearing  on  the  application  and   plan   and   the
31    opportunity for the board, governing board, or administrative
32    district  to  hear testimony from educators directly involved
33    in its implementation, parents, and students. In the case  of
34    a  school district, the public hearing must be preceded by at
                            -3-           SRS90SB1475KSawam01
 1    least one notification to parents published notice  occurring
 2    at  least  7  days  prior  to  the  hearing in a newspaper of
 3    general circulation within  the  school  district  that  sets
 4    forth  the  time,  date, place, and general subject matter of
 5    the hearing.  In the case of a joint  agreement,  the  public
 6    hearing  must  be  preceded  by at least one published notice
 7    occurring at least 7 days prior to the hearing in a newspaper
 8    of general circulation in each school  district  which  is  a
 9    member  of  the  joint  agreement,  provided  that  a  notice
10    appearing  in  a  newspaper generally circulated in more than
11    one  school  district  shall  be  deemed  to   fulfill   this
12    requirement with respect to all such affected districts.  The
13    school district or joint agreement must notify in writing the
14    affected   exclusive   collective  bargaining  agent  of  the
15    district's or joint agreement's intent to seek approval of  a
16    waiver  or modification and of the hearing to be held to take
17    testimony from educators.  The affected exclusive  collective
18    bargaining agents shall be notified of such public hearing at
19    least  7  days  prior to the date of the hearing and shall be
20    allowed to attend such public  hearing.  Applications  for  a
21    waiver  or modification submitted after the effective date of
22    this amendatory Act shall include a description of the public
23    hearing.
24        A request for a waiver or modification of  administrative
25    rules  and  regulations  or  for  a  modification of mandates
26    contained in this School Code shall be submitted to the State
27    Board of Education within 15 days after approval by the board
28    of education or by  the  governing  board  or  administrative
29    district  of  the  joint agreement.  Following receipt of the
30    request, the State Board shall have 45  days  to  review  the
31    application  and  request.   If  the  State  Board  fails  to
32    disapprove  the  application  within  that 45 day period, the
33    waiver or modification shall be deemed  granted.   The  State
34    Board  may  disapprove  any  request  if it is not based upon
                            -4-           SRS90SB1475KSawam01
 1    sound educational practices, endangers the health  or  safety
 2    of  students  or  staff,  compromises equal opportunities for
 3    learning, or fails to demonstrate that the intent of the rule
 4    or mandate can be addressed in a more  effective,  efficient,
 5    or  economical manner or have improved student performance as
 6    a primary goal.  Any request disapproved by the  State  Board
 7    may  be  appealed  to  the General Assembly by the requesting
 8    school district  or  joint  agreement  as  outlined  in  this
 9    Section.
10        A  request  for  a waiver from mandates contained in this
11    School Code shall be submitted to the State Board  within  15
12    days  after  approval  by  the  board  of education or by the
13    governing board  or  administrative  district  of  the  joint
14    agreement.  The State Board shall review the applications and
15    requests  for  completeness and shall compile the requests in
16    reports to be filed with  the  General  Assembly.  The  State
17    Board  shall  file reports outlining the waivers requested by
18    school districts and joint agreements and appeals  by  school
19    districts and joint agreements of requests disapproved by the
20    State  Board with the Senate and the House of Representatives
21    before each May 1 and October 1.  The  General  Assembly  may
22    disapprove  the report of the State Board in whole or in part
23    within 30 calendar days  after  each  house  of  the  General
24    Assembly  next convenes after the report is filed by adoption
25    of a resolution by a record vote of the majority  of  members
26    elected  in  each  house.   If  the General Assembly fails to
27    disapprove any waiver request or appealed request within such
28    30 day period, the waiver or  modification  shall  be  deemed
29    granted.   Any  resolution  adopted  by  the General Assembly
30    disapproving a report of the State Board in whole or in  part
31    shall be binding on the State Board.
32        An  approved  waiver or modification may remain in effect
33    for a period not to exceed 5 school years and may be  renewed
34    upon  application  by the school district or joint agreement.
                            -5-           SRS90SB1475KSawam01
 1    However, such waiver or modification may  be  changed  within
 2    that 5-year period by a local school district board or by the
 3    governing   board  or  administrative  district  of  a  joint
 4    agreement following  the  procedure  as  set  forth  in  this
 5    Section  for  the initial waiver or modification request.  If
 6    neither the State Board of Education nor the General Assembly
 7    disapproves, the change is deemed granted.
 8        On or before February 1, 1998, and each year  thereafter,
 9    the State Board of Education shall submit a cumulative report
10    summarizing  all  types  of  waivers  of  waiver mandates and
11    modifications of mandates granted by the State Board  or  the
12    General Assembly.  The report shall identify the topic of the
13    waiver  along  with  the  number  and  percentage  of  school
14    districts  and joint agreements for which the waiver has been
15    granted.  The report shall also include  any  recommendations
16    from  the State Board regarding the repeal or of modification
17    of waived mandates.
18    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
19    eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.".

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