Full Text of HB4144 93rd General Assembly
HB4144 93RD GENERAL ASSEMBLY
|
|
|
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.
|
|
|
|
|
A BILL FOR
|
|
|
|
|
HB4144 |
|
LRB093 19054 NHT 44789 b |
|
| 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
|
|
|
|
HB4144 |
- 2 - |
LRB093 19054 NHT 44789 b |
|
| 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 |
|
|
|
HB4144 |
- 3 - |
LRB093 19054 NHT 44789 b |
|
| 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 |
|
|
|
HB4144 |
- 4 - |
LRB093 19054 NHT 44789 b |
|
| 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.)
|
|