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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0376
Introduced 1/21/2005, by Rep. Renee Kosel SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.25g |
from Ch. 122, par. 2-3.25g |
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Amends the School Code. In provisions concerning the waiver or modification of mandates within the School Code and rules, provides that an application for a waiver from or modification to a physical education mandate must be made by the particular school involved, not by the school district or joint agreement. Provides that a waiver from or modification to a physical education mandate may not be requested if the school district has received, within the last 10 years, a grant under the School Construction Law to build a new building or to upgrade an existing physical education facility, unless the school district is seeking the waiver or modification to operate under a block schedule. Instead of allowing the General Assembly to disapprove a waiver from or modification to a physical education mandate, provides that if the State Board of Education's mandate waiver report contains a request for a waiver from or modification to a physical education mandate, then the General Assembly must approve the request by adoption of a joint resolution pertaining only to that particular request, otherwise the waiver shall be deemed disapproved. Effective immediately.
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A BILL FOR
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 2-3.25g as follows:
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| (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
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| Sec. 2-3.25g. Waiver or modification of mandates within the |
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| School
Code and administrative rules and regulations. |
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| (a) In this Section: |
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| "Board" means a school board or the governing board or |
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| administrative district, as the case may be, for a joint |
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| agreement. |
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| "Eligible applicant" means a school district, joint |
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| agreement made up of school districts, a school with regard |
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| to a waiver from or modification to a physical education |
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| mandate, or regional superintendent of schools on behalf of |
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| schools and programs operated by the regional office of |
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| education.
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| "State Board" means the State Board of Education.
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| (b) Notwithstanding any other
provisions of this School |
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| Code or any other law of this State to the
contrary, eligible |
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| applicants may petition the State Board of Education for the
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| waiver or modification of the mandates of this School Code or |
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| of the
administrative rules and regulations promulgated by the |
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| State Board of
Education. An application for a waiver from or |
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| modification to a physical education mandate must be made by |
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| the particular school involved, not by the school district or |
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| joint agreement. Waivers or modifications of administrative |
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| rules and regulations
and modifications of mandates of this |
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| School Code may be requested when an eligible applicant |
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| demonstrates that it can address the intent of the rule or
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| mandate in a more effective, efficient, or economical manner or |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| when necessary
to stimulate innovation or improve student |
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| performance. Waivers of
mandates of
the School Code may be |
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| requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be |
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| requested
from laws, rules, and regulations pertaining to |
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| special education, teacher
certification, or teacher tenure |
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| and seniority or from compliance with the No
Child Left Behind |
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| Act of 2001 (Public Law 107-110). A waiver from or modification |
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| to a physical education mandate may not be requested if the |
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| school district has received, within the last 10 years, a grant |
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| under the School Construction Law to build a new building or to |
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| upgrade an existing physical education facility, unless the |
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| district is seeking the waiver or modification to operate under |
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| a block schedule.
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| (c) Eligible applicants, as a matter of inherent managerial |
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| policy, and any
Independent Authority established under |
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| Section 2-3.25f may submit an
application for a waiver or |
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| modification authorized under this Section. Each
application |
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| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of |
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| the mandate can
be addressed in a more effective, efficient, or |
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| economical manner
or be based
upon a specific plan for improved |
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| student performance and school improvement.
Any eligible |
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| applicant requesting a waiver or modification for the reason |
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| that intent
of the mandate can be addressed in a more |
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| economical manner shall include in
the application a fiscal |
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| analysis showing current expenditures on the mandate
and |
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| projected savings resulting from the waiver
or modification. |
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| Applications
and plans developed by eligible applicants must be |
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| approved by the board or regional superintendent of schools |
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| applying on behalf of schools or programs operated by the |
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| regional office of education following a public hearing on the |
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| application and plan and the
opportunity for the board or |
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| regional superintendent to hear testimony from educators |
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| directly involved in
its implementation, parents, and |
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| students.
If the applicant is a school district or joint |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| agreement, the public hearing shall be held on a day other than |
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| the day on which a
regular meeting of the board is held. If the |
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| applicant is a school district, the
public hearing must be |
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| preceded
by at least one published notice occurring at least 7 |
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| days prior to the hearing
in a newspaper of general circulation |
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| within the school district that sets
forth the time, date, |
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| place, and general subject matter of the hearing. If the |
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| applicant is a joint agreement or regional superintendent, the |
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| public hearing must be preceded by at least one published |
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| notice (setting forth the time, date, place, and general |
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| subject matter of the hearing) occurring at least 7 days prior |
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| to the hearing in a newspaper of general circulation in each |
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| school district that is a member of the joint agreement or that |
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| is served by the educational service region, provided that a |
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| notice appearing in a newspaper generally circulated in more |
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| than one school district shall be deemed to fulfill this |
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| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected |
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| exclusive collective
bargaining agent and those State |
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| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of |
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| the hearing to be held to take testimony from educators.
The |
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| affected exclusive collective bargaining agents shall be |
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| notified of such
public hearing at least 7 days prior to the |
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| date of the hearing and shall be
allowed to attend
such public |
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| hearing. The eligible applicant shall attest to compliance with |
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| all of
the notification and procedural requirements set forth |
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| in this Section.
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| (d) A request for a waiver or modification of |
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| administrative rules and
regulations or for a modification of |
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| mandates contained in this School Code
shall be submitted to |
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| the State Board of Education within 15 days after
approval by |
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| the board or regional superintendent of schools. The |
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| application as submitted to the
State Board of Education shall |
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| include a description of the public hearing.
Following receipt |
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| of the request, the
State Board shall have 45 days to review |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| the application and request. If the
State Board fails to |
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| disapprove the application within that 45 day period, the
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| waiver or modification shall be deemed granted. The State Board
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| may disapprove
any request if it is not based upon sound |
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| educational practices, endangers the
health or safety of |
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| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule |
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| or mandate can be
addressed in a more effective, efficient, or |
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| economical manner or have improved
student performance as a |
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| primary goal. Any request disapproved by the State
Board may be |
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| appealed to the General Assembly by the eligible applicant
as |
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| outlined in this Section.
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| A request for a waiver from mandates contained in this |
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| School Code shall be
submitted to the State Board within 15 |
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| days after approval by the board or regional superintendent of |
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| schools.
The application as submitted to the State Board of |
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| Education
shall include a description of the public hearing. |
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| The description shall
include, but need not be limited to, the |
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| means of notice, the number of people
in attendance, the number |
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| of people who spoke as proponents or opponents of the
waiver, a |
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| brief description of their comments, and whether there were any
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| written statements submitted.
The State Board shall review the |
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| applications and requests for
completeness and shall compile |
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| the requests in reports to be filed with the
General Assembly.
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| The State Board shall file
reports outlining the waivers
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| requested by eligible applicants
and appeals by eligible |
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| applicants of requests
disapproved by the State Board with the |
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| Senate and the House of
Representatives before each May 1 and
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| October
1. Except for waivers from or modifications to physical |
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| education mandates, the
The General Assembly may disapprove the |
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| report of the State Board in whole
or in part within 30 |
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| calendar days after each house of the General Assembly
next
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| convenes after the report is filed by adoption of a resolution |
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| by a record vote
of the majority of members elected in each |
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| house. Except for waivers from or modifications to physical |
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| education mandates, if
If the General Assembly
fails to |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| disapprove any waiver request or appealed request within such |
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| 30
day period, the waiver or modification shall be deemed |
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| granted. Except for waivers from or modifications to physical |
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| education mandates, any
Any resolution
adopted by the General |
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| Assembly disapproving a report of the State Board in
whole or |
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| in part shall be binding on the State Board. If the report of |
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| the State Board contains a request or appealed request for a |
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| waiver from or modification to a physical education mandate, |
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| then the General Assembly must approve the request within 30 |
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| calendar days after each house of the General Assembly next |
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| convenes after the report is filed by adoption of a joint |
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| resolution pertaining only to that particular request, by a |
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| record vote of the majority of members elected in each house. |
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| With respect to waivers from or modifications to physical |
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| education mandates, if the General Assembly fails to approve a |
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| request or appealed request within the 30-day period, the |
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| waiver or modification shall be deemed disapproved, which shall |
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| be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect |
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| for a period not to
exceed 5 school years and may be renewed |
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| upon application by the
eligible applicant. However, such |
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| waiver or modification may be changed within that
5-year period |
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| by a board or regional superintendent of schools applying on |
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| behalf of schools or programs operated by the regional office |
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| of education following the procedure as set
forth in this |
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| Section for the initial waiver or modification request. Except |
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| for waivers from or modifications to physical education |
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| mandates, if
If
neither the State Board of Education nor the |
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| General Assembly disapproves, the
change is deemed granted.
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| (f) On or before February 1, 1998, and each year |
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| thereafter, the State Board of
Education shall submit a |
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| cumulative report summarizing all types of waivers of
mandates |
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| and modifications of mandates granted by the State Board or the
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| General Assembly. The report shall identify the topic of the |
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| waiver along with
the number and percentage of eligible |
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| applicants for which the waiver has been
granted. The report |