93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4144

 

Introduced 1/20/2004, by William Delgado

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25g   from Ch. 122, par. 2-3.25g

    Amends the School Code. Provides that waivers may not be requested from laws, rules, and regulations pertaining to student health and safety.


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A BILL FOR

 

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1     AN ACT regarding schools.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 2-3.25g as follows:
 
6     (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
7     Sec. 2-3.25g. Waiver or modification of mandates within the
8 School Code and administrative rules and regulations.
9 Notwithstanding any other provisions of this School Code or any
10 other law of this State to the contrary, school districts may
11 petition the State Board of Education for the waiver or
12 modification of the mandates of this School Code or of the
13 administrative rules and regulations promulgated by the State
14 Board of Education. Waivers or modifications of administrative
15 rules and regulations and modifications of mandates of this
16 School Code may be requested when a school district
17 demonstrates that it can address the intent of the rule or
18 mandate in a more effective, efficient, or economical manner or
19 when necessary to stimulate innovation or improve student
20 performance. Waivers of mandates of the School Code may be
21 requested when the waivers are necessary to stimulate
22 innovation or improve student performance. Waivers may not be
23 requested from laws, rules, and regulations pertaining to
24 student health and safety, special education, teacher
25 certification, or teacher tenure and seniority or from
26 compliance with the No Child Left Behind Act of 2001 (Public
27 Law 107-110).
28     School districts, as a matter of inherent managerial
29 policy, and any Independent Authority established under
30 Section 2-3.25f may submit an application for a waiver or
31 modification authorized under this Section. Each application
32 must include a written request by the school district or

 

 

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1 Independent Authority and must demonstrate that the intent of
2 the mandate can be addressed in a more effective, efficient, or
3 economical manner or be based upon a specific plan for improved
4 student performance and school improvement. Any district
5 requesting a waiver or modification for the reason that intent
6 of the mandate can be addressed in a more economical manner
7 shall include in the application a fiscal analysis showing
8 current expenditures on the mandate and projected savings
9 resulting from the waiver or modification. Applications and
10 plans developed by school districts must be approved by each
11 board of education following a public hearing on the
12 application and plan and the opportunity for the board to hear
13 testimony from educators directly involved in its
14 implementation, parents, and students. Such public hearing
15 shall be held on a day other than the day on which a regular
16 meeting of the board is held. The public hearing must be
17 preceded by at least one published notice occurring at least 7
18 days prior to the hearing in a newspaper of general circulation
19 within the school district that sets forth the time, date,
20 place, and general subject matter of the hearing. The school
21 district must notify in writing the affected exclusive
22 collective bargaining agent and those State legislators
23 representing the district holding the public hearing of the
24 district's intent to seek approval of a waiver or modification
25 and of the hearing to be held to take testimony from educators.
26 The affected exclusive collective bargaining agents shall be
27 notified of such public hearing at least 7 days prior to the
28 date of the hearing and shall be allowed to attend such public
29 hearing. The district shall attest to compliance with all of
30 the notification and procedural requirements set forth in this
31 Section.
32     A request for a waiver or modification of administrative
33 rules and regulations or for a modification of mandates
34 contained in this School Code shall be submitted to the State
35 Board of Education within 15 days after approval by the board
36 of education. The application as submitted to the State Board

 

 

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1 of Education shall include a description of the public hearing.
2 Following receipt of the request, the State Board shall have 45
3 days to review the application and request. If the State Board
4 fails to disapprove the application within that 45 day period,
5 the waiver or modification shall be deemed granted. The State
6 Board may disapprove any request if it is not based upon sound
7 educational practices, endangers the health or safety of
8 students or staff, compromises equal opportunities for
9 learning, or fails to demonstrate that the intent of the rule
10 or mandate can be addressed in a more effective, efficient, or
11 economical manner or have improved student performance as a
12 primary goal. Any request disapproved by the State Board may be
13 appealed to the General Assembly by the requesting school
14 district as outlined in this Section.
15     A request for a waiver from mandates contained in this
16 School Code shall be submitted to the State Board within 15
17 days after approval by the board of education. The application
18 as submitted to the State Board of Education shall include a
19 description of the public hearing. The description shall
20 include, but need not be limited to, the means of notice, the
21 number of people in attendance, the number of people who spoke
22 as proponents or opponents of the waiver, a brief description
23 of their comments, and whether there were any written
24 statements submitted. The State Board shall review the
25 applications and requests for completeness and shall compile
26 the requests in reports to be filed with the General Assembly.
27 The State Board shall file reports outlining the waivers
28 requested by school districts and appeals by school districts
29 of requests disapproved by the State Board with the Senate and
30 the House of Representatives before each May 1 and October 1.
31 The General Assembly may disapprove the report of the State
32 Board in whole or in part within 30 calendar days after each
33 house of the General Assembly next convenes after the report is
34 filed by adoption of a resolution by a record vote of the
35 majority of members elected in each house. If the General
36 Assembly fails to disapprove any waiver request or appealed

 

 

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1 request within such 30 day period, the waiver or modification
2 shall be deemed granted. Any resolution adopted by the General
3 Assembly disapproving a report of the State Board in whole or
4 in part shall be binding on the State Board.
5     An approved waiver or modification may remain in effect for
6 a period not to exceed 5 school years and may be renewed upon
7 application by the school district. However, such waiver or
8 modification may be changed within that 5-year period by a
9 local school district board following the procedure as set
10 forth in this Section for the initial waiver or modification
11 request. If neither the State Board of Education nor the
12 General Assembly disapproves, the change is deemed granted.
13     On or before February 1, 1998, and each year thereafter,
14 the State Board of Education shall submit a cumulative report
15 summarizing all types of waiver mandates and modifications of
16 mandates granted by the State Board or the General Assembly.
17 The report shall identify the topic of the waiver along with
18 the number and percentage of school districts for which the
19 waiver has been granted. The report shall also include any
20 recommendations from the State Board regarding the repeal or
21 modification of waived mandates.
22 (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03;
23 revised 9-11-03.)