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Sen. Andy Manar
Filed: 5/14/2014
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1 | | AMENDMENT TO SENATE BILL 16
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2 | | AMENDMENT NO. ______. Amend Senate Bill 16, AS AMENDED, |
3 | | with reference to page and line numbers of Senate Amendment No. |
4 | | 3, on page 103, line 21, after "18-12,", by inserting "22-60,"; |
5 | | and |
6 | | on page 353, immediately below line 10, by inserting the |
7 | | following:
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8 | | "(105 ILCS 5/22-60) |
9 | | Sec. 22-60. Unfunded mandates prohibited. |
10 | | (a) No public school district or private school is |
11 | | obligated to comply with the following types of mandates unless |
12 | | a separate appropriation has been enacted into law providing |
13 | | full funding for the mandate for the school year during which |
14 | | the mandate is required: |
15 | | (1) Any mandate in this Code enacted after the |
16 | | effective date of this amendatory Act of the 96th General |
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1 | | Assembly. |
2 | | (2) Any regulatory mandate promulgated by the State |
3 | | Board of Education and adopted by rule after the effective |
4 | | date of this amendatory Act of the 96th General Assembly |
5 | | other than those promulgated with respect to this Section |
6 | | or statutes already enacted on or before the effective date |
7 | | of this amendatory Act of the 96th General Assembly. |
8 | | (3) Any mandate in Article 27 of this Code, except |
9 | | those included as of the effective date of this amendatory |
10 | | Act of the 98th General Assembly in Sections 27-1, 27-2, |
11 | | 27-8.1, 27-14, and 27-22. The provisions of this paragraph |
12 | | (3) are operative only during the 2014-2015, 2015-2016, and |
13 | | 2016-2017 school years. |
14 | | (b) If the amount appropriated to fund a mandate described |
15 | | in subsection (a) of this Section does not fully fund the |
16 | | mandated activity, then the school district or private school |
17 | | may choose to discontinue or modify the mandated activity to |
18 | | ensure that the costs of compliance do not exceed the funding |
19 | | received. |
20 | | Before discontinuing or modifying the mandate, the school |
21 | | district shall petition its regional superintendent of schools |
22 | | on or before February 15 of each year to request to be exempt |
23 | | from implementing the mandate in a school or schools in the |
24 | | next school year. The petition shall include all legitimate |
25 | | costs associated with implementing and operating the mandate, |
26 | | the estimated reimbursement from State and federal sources, and |
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1 | | any unique circumstances the school district can verify that |
2 | | exist that would cause the implementation and operation of such |
3 | | a mandate to be cost prohibitive. |
4 | | The regional superintendent of schools shall review the |
5 | | petition. In accordance with the Open Meetings Act, he or she |
6 | | shall convene a public hearing to hear testimony from the |
7 | | school district and interested community members. The regional |
8 | | superintendent shall, on or before March 15 of each year, |
9 | | inform the school district of his or her decision, along with |
10 | | the reasons why the exemption was granted or denied, in |
11 | | writing. The regional superintendent must also send |
12 | | notification to the State Board of Education detailing which |
13 | | school districts requested an exemption and the results. |
14 | | If the regional superintendent grants an exemption to the |
15 | | school district, then the school district is relieved from the |
16 | | requirement to establish and implement the mandate in the |
17 | | school or schools granted an exemption for the next school |
18 | | year.
If the regional superintendent of schools does not grant |
19 | | an exemption, then the school district shall implement the |
20 | | mandate in accordance with the applicable law or rule by the |
21 | | first student attendance day of the next school year. However, |
22 | | the school district or a resident of the school district may on |
23 | | or before April 15 appeal the decision of the regional |
24 | | superintendent to the State Superintendent of Education. The |
25 | | State Superintendent shall hear appeals on the decisions of |
26 | | regional superintendents of schools no later than May 15 of |
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1 | | each year. The State Superintendent shall make a final decision |
2 | | at the conclusion of the hearing on the school district's |
3 | | request for an exemption from the mandate. If the State |
4 | | Superintendent grants an exemption, then the school district is |
5 | | relieved from the requirement to implement a mandate in the |
6 | | school or schools granted an exemption for the next school |
7 | | year. If the State Superintendent does not grant an exemption, |
8 | | then the school district shall implement the mandate in |
9 | | accordance with the applicable law or rule by the first student |
10 | | attendance day of the next school year. |
11 | | If a school district or private school discontinues or |
12 | | modifies a mandated activity due to lack of full funding from |
13 | | the State, then the school district or private school shall |
14 | | annually maintain and update a list of discontinued or modified |
15 | | mandated activities. The list shall be provided to the State |
16 | | Board of Education upon request. |
17 | | (c) This Section does not apply to (i) any new statutory or |
18 | | regulatory mandates related to revised learning standards |
19 | | developed through the Common Core State Standards Initiative |
20 | | and assessments developed to align with those standards or |
21 | | actions specified in this State's Phase 2 Race to the Top Grant |
22 | | application if the application is approved by the United States |
23 | | Department of Education or (ii) new statutory or regulatory |
24 | | mandates from the Race to the Top Grant through the federal |
25 | | American Recovery and Reinvestment Act of 2009 imposed on |
26 | | school districts designated as being in the lowest performing |