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[ 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 entitydistrictrequesting 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 planApplications and plans26 developed by a school district or a joint agreement made up 27 of school districts must be approved by the localeachboard 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 parentspublished noticeoccurring 2 at least 7 days prior to the hearingin a newspaper of3general circulation within the school districtthat 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 ofwaivermandates 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 orofmodification 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.".