Full Text of SB3610 96th General Assembly
SB3610eng 96TH GENERAL ASSEMBLY
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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 Sections | 5 |
| 2-3.11d and 2-3.25g as follows: | 6 |
| (105 ILCS 5/2-3.11d) | 7 |
| Sec. 2-3.11d. Data on tests required for teacher | 8 |
| preparation and certification. Beginning with the effective | 9 |
| date of this amendatory Act of the 94th General Assembly, to | 10 |
| collect and maintain all of the following data for each | 11 |
| institution of higher education engaged in teacher preparation | 12 |
| in this State: | 13 |
| (1) The number of individuals taking the test of basic | 14 |
| skills under Section 21-1a of this Code. | 15 |
| (2) The number of individuals passing the test of basic | 16 |
| skills under Section 21-1a of this Code. | 17 |
| (3) The total number of subject-matter tests attempted | 18 |
| under Section 21-1a of this Code. | 19 |
| (4) The total number of subject-matter tests passed | 20 |
| under Section 21-1a of this Code. | 21 |
| The data regarding subject-matter tests shall be reported in | 22 |
| sum, rather than by separately listing each subject, in order | 23 |
| to better protect the identity of the test-takers. |
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| On or before August 1, 2007, the State Board of Education | 2 |
| shall file with the General Assembly and the Governor and shall | 3 |
| make available to the public a report listing the institutions | 4 |
| of higher education engaged in teacher preparation in this | 5 |
| State, along with the data listed in items (1) and (2) of this | 6 |
| Section pertinent to each institution. | 7 |
| On or before October 1, 2012 August 1, 2009 and every 3 | 8 |
| years thereafter, the State Board of Education shall file with | 9 |
| the General Assembly and the Governor and shall make available | 10 |
| to the public a report listing the institutions of higher | 11 |
| education engaged in teacher preparation in this State, along | 12 |
| with the data listed in items (1) through (4) of this Section | 13 |
| pertinent to each institution.
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| (Source: P.A. 94-935, eff. 6-26-06.) | 15 |
| (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 16 |
| Sec. 2-3.25g. Waiver or modification of mandates within the | 17 |
| School
Code and administrative rules and regulations. | 18 |
| (a) In this Section: | 19 |
| "Board" means a school board or the governing board or | 20 |
| administrative district, as the case may be, for a joint | 21 |
| agreement. | 22 |
| "Eligible applicant" means a school district, joint | 23 |
| agreement made up of school districts, or regional | 24 |
| superintendent of schools on behalf of schools and programs | 25 |
| operated by the regional office of education.
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LRB096 20747 MJR 36491 b |
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| "Implementation date" has the meaning set forth in | 2 |
| Section 24A-2.5 of this Code. | 3 |
| "State Board" means the State Board of Education.
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| (b) Notwithstanding any other
provisions of this School | 5 |
| Code or any other law of this State to the
contrary, eligible | 6 |
| 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 | 8 |
| of the
administrative rules and regulations promulgated by the | 9 |
| State Board of
Education. Waivers or modifications of | 10 |
| administrative rules and regulations
and modifications of | 11 |
| mandates of this School Code may be requested when an eligible | 12 |
| applicant demonstrates that it can address the intent of the | 13 |
| rule or
mandate in a more effective, efficient, or economical | 14 |
| manner or when necessary
to stimulate innovation or improve | 15 |
| student performance. Waivers of
mandates of
the School Code may | 16 |
| be requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be | 18 |
| requested
from laws, rules, and regulations pertaining to | 19 |
| special education, teacher
certification, teacher tenure and | 20 |
| seniority, or Section 5-2.1 of this Code or from compliance | 21 |
| with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 22 |
| On and after the applicable implementation date, eligible | 23 |
| applicants may not seek a waiver or seek a modification of a | 24 |
| mandate regarding the requirements for (i) student performance | 25 |
| data to be a significant factor in teacher or principal | 26 |
| evaluations or (ii) for teachers and principals to be rated |
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| using the 4 categories of "excellent", "proficient", "needs | 2 |
| improvement", or "unsatisfactory". On the applicable | 3 |
| implementation date, any previously authorized waiver or | 4 |
| modification from such requirements shall terminate. | 5 |
| (c) Eligible applicants, as a matter of inherent managerial | 6 |
| policy, and any
Independent Authority established under | 7 |
| Section 2-3.25f may submit an
application for a waiver or | 8 |
| modification authorized under this Section. Each
application | 9 |
| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of | 11 |
| the mandate can
be addressed in a more effective, efficient, or | 12 |
| economical manner
or be based
upon a specific plan for improved | 13 |
| student performance and school improvement.
Any eligible | 14 |
| applicant requesting a waiver or modification for the reason | 15 |
| that intent
of the mandate can be addressed in a more | 16 |
| economical manner shall include in
the application a fiscal | 17 |
| analysis showing current expenditures on the mandate
and | 18 |
| projected savings resulting from the waiver
or modification. | 19 |
| Applications
and plans developed by eligible applicants must be | 20 |
| approved by the board or regional superintendent of schools | 21 |
| applying on behalf of schools or programs operated by the | 22 |
| regional office of education following a public hearing on the | 23 |
| application and plan and the
opportunity for the board or | 24 |
| regional superintendent to hear testimony from staff
directly | 25 |
| involved in
its implementation, parents, and students. The time | 26 |
| period for such testimony shall be separate from the time |
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| period established by the eligible applicant for public comment | 2 |
| on other matters. If the applicant is a school district or | 3 |
| joint agreement requesting a waiver or modification of Section | 4 |
| 27-6 of this Code, the public hearing shall be held on a day | 5 |
| other than the day on which a regular meeting of the board is | 6 |
| held. If the applicant is a school district, the
public hearing | 7 |
| must be preceded
by at least one published notice occurring at | 8 |
| least 7 days prior to the hearing
in a newspaper of general | 9 |
| circulation within the school district that sets
forth the | 10 |
| time, date, place, and general subject matter of the hearing. | 11 |
| If the applicant is a joint agreement or regional | 12 |
| superintendent, the public hearing must be preceded by at least | 13 |
| one published notice (setting forth the time, date, place, and | 14 |
| general subject matter of the hearing) occurring at least 7 | 15 |
| days prior to the hearing in a newspaper of general circulation | 16 |
| in each school district that is a member of the joint agreement | 17 |
| or that is served by the educational service region, provided | 18 |
| that a notice appearing in a newspaper generally circulated in | 19 |
| more than one school district shall be deemed to fulfill this | 20 |
| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected | 22 |
| exclusive collective
bargaining agent and those State | 23 |
| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of | 25 |
| the hearing to be held to take testimony from staff.
The | 26 |
| affected exclusive collective bargaining agents shall be |
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| notified of such
public hearing at least 7 days prior to the | 2 |
| date of the hearing and shall be
allowed to attend
such public | 3 |
| hearing. The eligible applicant shall attest to compliance with | 4 |
| all of
the notification and procedural requirements set forth | 5 |
| in this Section. | 6 |
| (d) A request for a waiver or modification of | 7 |
| administrative rules and
regulations or for a modification of | 8 |
| mandates contained in this School Code
shall be submitted to | 9 |
| the State Board of Education within 15 days after
approval by | 10 |
| the board or regional superintendent of schools. The | 11 |
| application as submitted to the
State Board of Education shall | 12 |
| include a description of the public hearing.
Following receipt | 13 |
| of the request, the
State Board shall have 45 days to review | 14 |
| the application and request. If the
State Board fails to | 15 |
| 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 | 18 |
| educational practices, endangers the
health or safety of | 19 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 21 |
| or mandate can be
addressed in a more effective, efficient, or | 22 |
| economical manner or have improved
student performance as a | 23 |
| primary goal. Any request disapproved by the State
Board may be | 24 |
| appealed to the General Assembly by the eligible applicant
as | 25 |
| outlined in this Section. | 26 |
| 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 | 2 |
| days after approval by the board or regional superintendent of | 3 |
| schools.
The application as submitted to the State Board of | 4 |
| Education
shall include a description of the public hearing. | 5 |
| The description shall
include, but need not be limited to, the | 6 |
| means of notice, the number of people
in attendance, the number | 7 |
| of people who spoke as proponents or opponents of the
waiver, a | 8 |
| brief description of their comments, and whether there were any
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| written statements submitted.
The State Board shall review the | 10 |
| applications and requests for
completeness and shall compile | 11 |
| 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 | 14 |
| applicants of requests
disapproved by the State Board with the | 15 |
| Senate and the House of
Representatives before each March 1 and
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| October
1. The General Assembly may disapprove the report of | 17 |
| the State Board in whole
or in part within 60 calendar days | 18 |
| after each house of the General Assembly
next
convenes after | 19 |
| the report is filed by adoption of a resolution by a record | 20 |
| vote
of the majority of members elected in each house. If the | 21 |
| General Assembly
fails to disapprove any waiver request or | 22 |
| appealed request within such 60
day period, the waiver or | 23 |
| modification shall be deemed granted. Any resolution
adopted by | 24 |
| the General Assembly disapproving a report of the State Board | 25 |
| in
whole or in part shall be binding on the State Board. | 26 |
| (e) An approved waiver or modification (except a waiver |
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| from or modification to a physical education mandate) may | 2 |
| remain in effect for a period not to
exceed 5 school years and | 3 |
| may be renewed upon application by the
eligible applicant. | 4 |
| However, such waiver or modification may be changed within that
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| 5-year period by a board or regional superintendent of schools | 6 |
| applying on behalf of schools or programs operated by the | 7 |
| regional office of education following the procedure as set
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| forth in this Section for the initial waiver or modification | 9 |
| request. If
neither the State Board of Education nor the | 10 |
| General Assembly disapproves, the
change is deemed granted. | 11 |
| An approved waiver from or modification to a physical | 12 |
| education mandate may remain in effect for a period not to | 13 |
| exceed 2 school years and may be renewed no more than 2 times | 14 |
| upon application by the eligible applicant. An approved waiver | 15 |
| from or modification to a physical education mandate may be | 16 |
| changed within the 2-year period by the board or regional | 17 |
| superintendent of schools, whichever is applicable, following | 18 |
| the procedure set forth in this Section for the initial waiver | 19 |
| or modification request. If neither the State Board of | 20 |
| Education nor the General Assembly disapproves, the change is | 21 |
| deemed granted.
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| (f) (Blank). On or before February 1, 1998, and each year | 23 |
| thereafter, the State Board of
Education shall submit a | 24 |
| cumulative report summarizing all types of waivers of
mandates | 25 |
| 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 | 2 |
| applicants for which the waiver has been
granted. The report | 3 |
| shall also include any recommendations from the State
Board | 4 |
| regarding the repeal or modification of waived mandates. | 5 |
| (Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10.) | 6 |
| Section 10. The School Construction Law is amended by | 7 |
| changing Section 5-200 as follows: | 8 |
| (105 ILCS 230/5-200) | 9 |
| Sec. 5-200. School energy efficiency grants. | 10 |
| (a) The State Board of Education is authorized to make | 11 |
| grants to school districts, without regard to enrollment, for | 12 |
| school energy efficiency projects. These grants shall be paid | 13 |
| out of moneys appropriated for that purpose from the School | 14 |
| Infrastructure Fund. No grant under this Section for one fiscal | 15 |
| year shall exceed $250,000, but a school district may receive | 16 |
| grants for more than one project during one fiscal year. A | 17 |
| school district must provide local matching funds in an amount | 18 |
| equal to the amount of the grant under this Section. A school | 19 |
| district has no entitlement to a grant under this Section. | 20 |
| (b) The State Board of Education shall adopt rules to | 21 |
| implement this Section. These rules need not be the same as the | 22 |
| rules for school construction project grants or school | 23 |
| maintenance project grants.
The rules may specify: | 24 |
| (1) the manner of applying for grants; |
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| (2) project eligibility requirements; | 2 |
| (3) restrictions on the use of grant moneys; | 3 |
| (4) the manner in which school districts must account | 4 |
| for the use of grant moneys; and | 5 |
| (5) any other provision that the State Board determines | 6 |
| to be necessary or useful for the administration of this | 7 |
| Section. | 8 |
| (c) In each school year in which school energy efficiency | 9 |
| project grants are awarded, 20% of the total amount awarded | 10 |
| shall be awarded to a school district in a city with a | 11 |
| population of more than 500,000, provided that the school | 12 |
| district complies with the requirements of this Section and the | 13 |
| rules adopted under this Section.
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| (Source: P.A. 96-37, eff. 7-13-09.)
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| Section 99. Effective date. This Act takes effect July 1, | 16 |
| 2010.
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