SB1425 100TH GENERAL ASSEMBLY

LRB100 09126 MLM 19280 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1425

Introduced 2/9/2017, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.25p new

Amends the School Code. Provides that high achieving districts are exempt from mandates imposed under the Code and applicable implementing rules and allows districts to develop a mandate relief plan to identify mandates in the Code from which the district is requesting relief. Allows improving districts to also develop a mandate relief plan. Sets forth benchmarks necessary to be considered a high achieving district. Sets forth a process for approving and, if necessary, revoking mandate relief plans. Exempts certain mandates from being exempted. Requires the State Board of Education to submit an annual report concerning the provisions. Allows the State Board to adopt rules necessary to implement the provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 2-3.25p as follows:

(105 ILCS 5/2-3.25p new)

Sec. 2-3.25p. School district mandate relief.

(a) As used in this Section:

"High achieving district" means a school district that meets the following benchmarks, excluding vocational schools and special education cooperatives, as applicable to the grade levels served by the district:

(1) All students in kindergarten are assessed for readiness.

(2) Ninety percent or more of third-grade students are reading at or above grade level.

(3) Ninety percent or more of fifth-grade students meet or exceed expectations in mathematics.

(4) Ninety percent or more of ninth-graders are on track to graduate with their cohort.

(5) Ninety percent or more of students graduate from high school ready for college and career.

(6) All students are supported by highly prepared and effective teachers and school leaders.

(7) Every school offers a safe and healthy learning environment for all students.

"Improving district" means a school district, excluding vocational schools and special education cooperatives, that, with respect to benchmarks (2), (3), (4), and (5) of the definition of "high achieving district", is achieving measurable improvement toward these benchmarks as applicable to the grade levels served by the district.

"State Superintendent" means the State Superintendent of Education.

(b) The purpose of this Section is to grant high achieving and improving school districts greater autonomy to implement innovative practices that improve student academic performance and benefit the whole child by removing obstacles that currently exist in law or rules.

(c) High achieving districts are exempt from mandates imposed under this Code and applicable implementing rules and may develop a mandate relief plan to identify mandates in this Code from which the district is requesting relief, with the exception of those mandates listed in subsection (e) of this Section.

The school board of the high achieving district shall post the mandate relief plan on the school district's public website for at least 30 days prior to voting on the plan. A majority vote of the school board is required at a regularly scheduled school board meeting to approve the plan. Once approved by the school board, the high achieving district shall submit the mandate relief plan to the State Superintendent for approval.

Within 45 days after receipt of a plan, the State Superintendent shall review the plan submitted in accordance with this Section and determine whether the plan complies with this Section. If the State Superintendent determines the plan complies with this Section, it shall be approved. If the State Superintendent determines the plan does not comply with this Section, the plan shall be denied. Following such a denial, a district may resubmit a plan in accordance with this Section.

A high achieving district does not need to submit a new mandate relief plan annually. Upon approval of a district plan, that district is considered a high achieving district unless there is a decline in the district's measured growth to below the benchmarks in the definition of "high achieving district" in subsection (a) of this Section. If there is a decline in the district's growth to below the benchmarks, the district's mandate relief plan is subject to review by the State Superintendent. The State Superintendent shall have the discretion to revoke the mandate relief plan of a district who shows a decline in growth to below the benchmarks.

(d) Improving districts may develop a mandate relief plan in accordance with this Section. The plan must identify mandates in this Code and applicable implementing rules from which the district is requesting relief, with the exception of those mandates listed in subsection (e) of this Section.

The school board of the improving district shall post the mandate relief plan on the school district's public website for at least 30 days prior to voting on the plan. A majority vote of the school board is required at a regularly scheduled school board meeting to approve the plan. Once approved by the school board, the improving district shall submit the mandate relief plan to the State Superintendent for approval.

Within 45 days after receipt of a plan, the State Superintendent shall review the plan submitted in accordance with this Section and determine whether the plan complies with this Section. If the State Superintendent determines the plan complies with this Section, it may be approved. If the State Superintendent determines the plan does not comply with this Section, the plan may be denied. Following such a denial, a district may resubmit a plan in accordance with this Act.

An improving district does not need to submit a new mandate relief plan annually. Upon approval of a district's plan, that district is considered an improving district unless there is a decline in the district's measured growth with respect to the benchmarks in the definition of "high achieving district" in subsection (a) of this Section. If there is a decline in the district's growth, the district's mandate relief plan is subject to review by the State Superintendent and possible revocation. The State Superintendent shall have the discretion to revoke the mandate relief plan of a district who shows a decline in growth.

High achieving districts and improving districts with approved mandate relief plans are exempt from the School Code waiver process pursuant to Section 2-3.25g of this Code and applicable rules. This exemption only applies to those items approved in the mandate relief plan.

(e) School districts shall not be relieved from any of the following statutory or regulatory mandates:

(1) The Illinois Learning Standards established by the State Board of Education.

(2) Accountability measures pursuant to Section 2-3.25a of this Code.

(3) Student achievement on the annual State assessments as required by Section 2-3.64a-5 of this Code.

(4) Provisions of the federal Every Student Succeeds Act.

(5) Mandates required to maintain federal grant awards.

(6) Provisions outside of this Code or its implementing rules.

(7) Non-curricular health and safety requirements.

(8) Mandates related to civil rights and student access to district educational and non-educational programs.

(9) Mandates contained in Articles 24 or 24A of this Code or their implementing rules.

(f) The State Board of Education shall submit a report to the Governor and General Assembly regarding the participation and outcomes of this Act by December 15, 2018 and annually on or before December 15 thereafter.

High achieving districts and improving districts with approved mandate relief plans must provide any and all data requested by the State Board of Education to generate reports under this subsection (f).

(g) The State Board of Education may adopt rules necessary to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.