98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2575

 

Introduced , by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-60

    Amends the School Code. Makes a technical change in a Section concerning an unfunded mandates prohibition.


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A BILL FOR

 

HB2575LRB098 08914 NHT 39046 b

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 changing Section
522-60 as follows:
 
6    (105 ILCS 5/22-60)
7    Sec. 22-60. Unfunded mandates prohibited.
8    (a) No public school district or private school is
9obligated to comply with the the following types of mandates
10unless a separate appropriation has been enacted into law
11providing full funding for the mandate for the school year
12during which the mandate is required:
13        (1) Any mandate in this Code enacted after the
14    effective date of this amendatory Act of the 96th General
15    Assembly.
16        (2) Any regulatory mandate promulgated by the State
17    Board of Education and adopted by rule after the effective
18    date of this amendatory Act of the 96th General Assembly
19    other than those promulgated with respect to this Section
20    or statutes already enacted on or before the effective date
21    of this amendatory Act of the 96th General Assembly.
22    (b) If the amount appropriated to fund a mandate described
23in subsection (a) of this Section does not fully fund the

 

 

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1mandated activity, then the school district or private school
2may choose to discontinue or modify the mandated activity to
3ensure that the costs of compliance do not exceed the funding
4received.
5    Before discontinuing or modifying the mandate, the school
6district shall petition its regional superintendent of schools
7on or before February 15 of each year to request to be exempt
8from implementing the mandate in a school or schools in the
9next school year. The petition shall include all legitimate
10costs associated with implementing and operating the mandate,
11the estimated reimbursement from State and federal sources, and
12any unique circumstances the school district can verify that
13exist that would cause the implementation and operation of such
14a mandate to be cost prohibitive.
15    The regional superintendent of schools shall review the
16petition. In accordance with the Open Meetings Act, he or she
17shall convene a public hearing to hear testimony from the
18school district and interested community members. The regional
19superintendent shall, on or before March 15 of each year,
20inform the school district of his or her decision, along with
21the reasons why the exemption was granted or denied, in
22writing. The regional superintendent must also send
23notification to the State Board of Education detailing which
24school districts requested an exemption and the results.
25    If the regional superintendent grants an exemption to the
26school district, then the school district is relieved from the

 

 

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1requirement to establish and implement the mandate in the
2school or schools granted an exemption for the next school
3year. If the regional superintendent of schools does not grant
4an exemption, then the school district shall implement the
5mandate in accordance with the applicable law or rule by the
6first student attendance day of the next school year. However,
7the school district or a resident of the school district may on
8or before April 15 appeal the decision of the regional
9superintendent to the State Superintendent of Education. The
10State Superintendent shall hear appeals on the decisions of
11regional superintendents of schools no later than May 15 of
12each year. The State Superintendent shall make a final decision
13at the conclusion of the hearing on the school district's
14request for an exemption from the mandate. If the State
15Superintendent grants an exemption, then the school district is
16relieved from the requirement to implement a mandate in the
17school or schools granted an exemption for the next school
18year. If the State Superintendent does not grant an exemption,
19then the school district shall implement the mandate in
20accordance with the applicable law or rule by the first student
21attendance day of the next school year.
22    If a school district or private school discontinues or
23modifies a mandated activity due to lack of full funding from
24the State, then the school district or private school shall
25annually maintain and update a list of discontinued or modified
26mandated activities. The list shall be provided to the State

 

 

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1Board of Education upon request.
2    (c) This Section does not apply to (i) any new statutory or
3regulatory mandates related to revised learning standards
4developed through the Common Core State Standards Initiative
5and assessments developed to align with those standards or
6actions specified in this State's Phase 2 Race to the Top Grant
7application if the application is approved by the United States
8Department of Education or (ii) new statutory or regulatory
9mandates from the Race to the Top Grant through the federal
10American Recovery and Reinvestment Act of 2009 imposed on
11school districts designated as being in the lowest performing
125% of schools within the Race to the Top Grant application.
13    (d) In any instances in which this Section conflicts with
14the State Mandates Act, the State Mandates Act shall prevail.
15(Source: P.A. 96-1441, eff. 8-20-10.)