Public Act 093-0707
 
SB3091 Enrolled LRB093 19981 NHT 45725 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
2-3.25g as follows:
 
    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
    (a) In this Section:
        "Board" means a school board or the governing board or
    administrative district, as the case may be, for a joint
    agreement.
        "Eligible applicant" means a school district, joint
    agreement made up of school districts, or regional
    superintendent of schools on behalf of schools and programs
    operated by the regional office of education.
        "State Board" means the State Board of Education.
    (b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants school districts may petition the State Board of
Education for the waiver or modification of the mandates of
this School Code or of the administrative rules and regulations
promulgated by the State Board of Education. Waivers or
modifications of administrative rules and regulations and
modifications of mandates of this School Code may be requested
when an eligible applicant a school district demonstrates that
it can address the intent of the rule or mandate in a more
effective, efficient, or economical manner or when necessary to
stimulate innovation or improve student performance. Waivers
of mandates of the School Code may be requested when the
waivers are necessary to stimulate innovation or improve
student performance. Waivers may not be requested from laws,
rules, and regulations pertaining to special education,
teacher certification, or teacher tenure and seniority or from
compliance with the No Child Left Behind Act of 2001 (Public
Law 107-110).
    (c) Eligible applicants School districts, as a matter of
inherent managerial policy, and any Independent Authority
established under Section 2-3.25f may submit an application for
a waiver or modification authorized under this Section. Each
application must include a written request by the eligible
applicant school district or Independent Authority and must
demonstrate that the intent of the mandate can be addressed in
a more effective, efficient, or economical manner or be based
upon a specific plan for improved student performance and
school improvement. Any eligible applicant district requesting
a waiver or modification for the reason that intent of the
mandate can be addressed in a more economical manner shall
include in the application a fiscal analysis showing current
expenditures on the mandate and projected savings resulting
from the waiver or modification. Applications and plans
developed by eligible applicants school districts must be
approved by the each board or regional superintendent of
schools applying on behalf of schools or programs operated by
the regional office of education of education following a
public hearing on the application and plan and the opportunity
for the board or regional superintendent to hear testimony from
educators directly involved in its implementation, parents,
and students. If the applicant is a school district or joint
agreement, the Such public hearing shall be held on a day other
than the day on which a regular meeting of the board is held.
If the applicant is a school district, the The public hearing
must be preceded by at least one published notice occurring at
least 7 days prior to the hearing in a newspaper of general
circulation within the school district that sets forth the
time, date, place, and general subject matter of the hearing.
If the applicant is a joint agreement or regional
superintendent, the public hearing must be preceded by at least
one published notice (setting forth the time, date, place, and
general subject matter of the hearing) occurring at least 7
days prior to the hearing in a newspaper of general circulation
in each school district that is a member of the joint agreement
or that is served by the educational service region, provided
that a notice appearing in a newspaper generally circulated in
more than one school district shall be deemed to fulfill this
requirement with respect to all of the affected districts. The
eligible applicant school district must notify in writing the
affected exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory
district holding the public hearing of the district's its
intent to seek approval of a waiver or modification and of the
hearing to be held to take testimony from educators. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant district shall attest to
compliance with all of the notification and procedural
requirements set forth in this Section.
    (d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools of education.
The application as submitted to the State Board of Education
shall include a description of the public hearing. Following
receipt of the request, the State Board shall have 45 days to
review the application and request. If the State Board fails to
disapprove the application within that 45 day period, the
waiver or modification shall be deemed granted. The State Board
may disapprove any request if it is not based upon sound
educational practices, endangers the health or safety of
students or staff, compromises equal opportunities for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more effective, efficient, or
economical manner or have improved student performance as a
primary goal. Any request disapproved by the State Board may be
appealed to the General Assembly by the eligible applicant
requesting school district as outlined in this Section.
    A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools of education. The application as submitted to the State
Board of Education shall include a description of the public
hearing. The description shall include, but need not be limited
to, the means of notice, the number of people in attendance,
the number of people who spoke as proponents or opponents of
the waiver, a brief description of their comments, and whether
there were any written statements submitted. The State Board
shall review the applications and requests for completeness and
shall compile the requests in reports to be filed with the
General Assembly. The State Board shall file reports outlining
the waivers requested by eligible applicants school districts
and appeals by eligible applicants school districts of requests
disapproved by the State Board with the Senate and the House of
Representatives before each May 1 and October 1. The General
Assembly may disapprove the report of the State Board in whole
or in part within 30 calendar days after each house of the
General Assembly next convenes after the report is filed by
adoption of a resolution by a record vote of the majority of
members elected in each house. If the General Assembly fails to
disapprove any waiver request or appealed request within such
30 day period, the waiver or modification shall be deemed
granted. Any resolution adopted by the General Assembly
disapproving a report of the State Board in whole or in part
shall be binding on the State Board.
    (e) An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the eligible applicant school district.
However, such waiver or modification may be changed within that
5-year period by a local school district board or regional
superintendent of schools applying on behalf of schools or
programs operated by the regional office of education following
the procedure as set forth in this Section for the initial
waiver or modification request. If neither the State Board of
Education nor the General Assembly disapproves, the change is
deemed granted.
    (f) On or before February 1, 1998, and each year
thereafter, the State Board of Education shall submit a
cumulative report summarizing all types of waivers of waiver
mandates and modifications of mandates granted by the State
Board or the General Assembly. The report shall identify the
topic of the waiver along with the number and percentage of
eligible applicants school districts for which the waiver has
been granted. The report shall also include any recommendations
from the State Board regarding the repeal or modification of
waived mandates.
(Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03;
revised 9-11-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.