98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3662
 
Introduced 5/20/2014, by Sen. Jennifer Bertino-Tarrant
 
SYNOPSIS AS INTRODUCED:
 

 
105 ILCS 5/22-62 new
105 ILCS 5/22-60 rep.

     Amends the School Code. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions.  Provides that before a school district may lawfully discharge an unfunded mandate, it must hold a public hearing on the matter; sets forth requirements concerning the hearing. Requires a school board to report each unfunded mandate it has discharged to the State Board of Education, and requires the State Board to compile and report this information to the General Assembly each year. Repeals a Section of the Code concerning an unfunded mandates prohibition.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning education.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  

  
 
4    Section 5. The School Code is amended  by adding Section 
522-62 as follows:
 
6    (105 ILCS 5/22-62 new)
7    Sec. 22-62. Discharge of unfunded mandates.
8    (a)  School districts need not comply with and may discharge 
9any mandate or requirement placed on school districts by this 
10Code or by administrative rules adopted by the State Board of 
11Education that is unfunded.
12    (b) Subsection (a) of this Section does not apply to any of 
13the following:
14        (1) Laws and rules pertaining to special education; 
15    student health, life, or safety; teacher certification; 
16    teacher tenure and seniority; or Section 5-2.1 of this 
17    Code.
18        (2) Federally required mandates, including without 
19    limitation  compliance with the federal No Child Left Behind 
20    Act of 2001 (Public Law 107-110).
21        (3)  English Language Learner requirements.
22    (c)  Before a school district may lawfully discharge an 
23unfunded mandate under subsection (a) of this Section, it must 
 
 
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1hold a public hearing on the matter.  The school district must 
2post information that sets forth the time, date, place, and 
3general subject matter of the public hearing on its Internet 
4website at least 14 days prior to the hearing. The school 
5district must publish a notice of the public hearing at least 7 
6days prior to the hearing in a newspaper of general circulation 
7within the school district that sets forth the time, date, 
8place, and general subject matter of the hearing. The school 
9district must notify, in writing, the affected exclusive 
10collective bargaining agent and those State legislators 
11representing the affected territory of its intent to discharge 
12an unfunded mandate and of the hearing to be held to take 
13testimony from staff. The affected exclusive collective 
14bargaining agent must be notified of the public hearing at 
15least 7 days prior to the date of the hearing and must be 
16allowed to attend the hearing. The school district shall attest 
17to compliance with the requirements of this subsection (c).
18    (d) A school board shall report each unfunded mandate it 
19has discharged under this Section to the State Board of 
20Education.  The State Board shall compile and report this 
21information to the General Assembly each year.
 
22    (105 ILCS 5/22-60 rep.)
23    Section 10. The School Code is amended by repealing Section 
2422-60.