Full Text of HB5008 98th General Assembly
HB5008ham001 98TH GENERAL ASSEMBLY | Rep. Thomas Morrison Filed: 4/2/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5008
| 2 | | AMENDMENT NO. ______. Amend House Bill 5008 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25g and 27-24.2 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 | | (a) In this Section: | 10 | | "Board" means a school board or the governing board or | 11 | | administrative district, as the case may be, for a joint | 12 | | agreement. | 13 | | "Eligible applicant" means a school district, joint | 14 | | agreement made up of school districts, or regional | 15 | | superintendent of schools on behalf of schools and programs | 16 | | operated by the regional office of education.
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| 1 | | "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.
| 4 | | (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
| 7 | | 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
| 17 | | 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 | | Eligible applicants may not seek a waiver or seek a | 23 | | modification of a mandate regarding the requirements for (i) | 24 | | student performance data to be a significant factor in teacher | 25 | | or principal evaluations or (ii) for teachers and principals to | 26 | | be rated using the 4 categories of "excellent", "proficient", |
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| 1 | | "needs improvement", or "unsatisfactory". On September 1, | 2 | | 2014, any previously authorized waiver or modification from | 3 | | such requirements shall terminate. | 4 | | (c) Eligible applicants, as a matter of inherent managerial | 5 | | policy, and any
Independent Authority established under | 6 | | Section 2-3.25f may submit an
application for a waiver or | 7 | | modification authorized under this Section. Each
application | 8 | | must include a written request by the eligible applicant or
| 9 | | Independent Authority and must demonstrate that the intent of | 10 | | the mandate can
be addressed in a more effective, efficient, or | 11 | | economical manner
or be based
upon a specific plan for improved | 12 | | student performance and school improvement.
Any eligible | 13 | | applicant requesting a waiver or modification for the reason | 14 | | that intent
of the mandate can be addressed in a more | 15 | | economical manner shall include in
the application a fiscal | 16 | | analysis showing current expenditures on the mandate
and | 17 | | projected savings resulting from the waiver
or modification. | 18 | | Applications
and plans developed by eligible applicants must be | 19 | | approved by the board or regional superintendent of schools | 20 | | applying on behalf of schools or programs operated by the | 21 | | regional office of education following a public hearing on the | 22 | | application and plan and the
opportunity for the board or | 23 | | regional superintendent to hear testimony from staff
directly | 24 | | involved in
its implementation, parents, and students. The time | 25 | | period for such testimony shall be separate from the time | 26 | | period established by the eligible applicant for public comment |
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| 1 | | on other matters. If the applicant is a school district or | 2 | | joint agreement requesting a waiver or modification of Section | 3 | | 27-6 of this Code, the public hearing shall be held on a day | 4 | | other than the day on which a regular meeting of the board is | 5 | | held. | 6 | | (c-5) If the applicant is a school district, then the | 7 | | district shall post information that sets forth the time, date, | 8 | | place, and general subject matter of the public hearing on its | 9 | | Internet website at least 14 days prior to the hearing. If the | 10 | | district is requesting to increase the fee charged for driver | 11 | | education authorized pursuant to Section 27-24.2 of this Code, | 12 | | the website information shall include the proposed amount of | 13 | | the fee the district will request. All school districts must | 14 | | publish a notice of the public hearing at least 7 days prior to | 15 | | the hearing in a newspaper of general circulation within the | 16 | | school district that sets forth the time, date, place, and | 17 | | general subject matter of the hearing. Districts requesting to | 18 | | increase the fee charged for driver education shall include in | 19 | | the published notice the proposed amount of the fee the | 20 | | district will request. If the applicant is a joint agreement or | 21 | | regional superintendent, then the joint agreement or regional | 22 | | superintendent shall post information that sets forth the time, | 23 | | date, place, and general subject matter of the public hearing | 24 | | on its Internet website at least 14 days prior to the hearing. | 25 | | If the joint agreement or regional superintendent is requesting | 26 | | to increase the fee charged for driver education authorized |
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| 1 | | pursuant to Section 27-24.2 of this Code, the website | 2 | | information shall include the proposed amount of the fee the | 3 | | applicant will request. All joint agreements and regional | 4 | | superintendents must publish a notice of the public hearing at | 5 | | least 7 days prior to the hearing in a newspaper of general | 6 | | circulation in each school district that is a member of the | 7 | | joint agreement or that is served by the educational service | 8 | | region that sets forth the time, date, place, and general | 9 | | subject matter of the hearing, provided that a notice appearing | 10 | | in a newspaper generally circulated in more than one school | 11 | | district shall be deemed to fulfill this requirement with | 12 | | respect to all of the affected districts. Joint agreements or | 13 | | regional superintendents requesting to increase the fee | 14 | | charged for driver education shall include in the published | 15 | | notice the proposed amount of the fee the applicant will | 16 | | request. The
eligible applicant must notify in writing the | 17 | | affected exclusive collective
bargaining agent and those State | 18 | | legislators representing the eligible applicant's territory of
| 19 | | its
intent to seek approval of a
waiver or
modification and of | 20 | | the hearing to be held to take testimony from staff.
The | 21 | | affected exclusive collective bargaining agents shall be | 22 | | notified of such
public hearing at least 7 days prior to the | 23 | | date of the hearing and shall be
allowed to attend
such public | 24 | | hearing. The eligible applicant shall attest to compliance with | 25 | | all of
the notification and procedural requirements set forth | 26 | | in this Section. |
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| 1 | | (d) A request for a waiver or modification of | 2 | | administrative rules and
regulations or for a modification of | 3 | | mandates contained in this School Code
shall be submitted to | 4 | | the State Board of Education within 15 days after
approval by | 5 | | the board or regional superintendent of schools. The | 6 | | application as submitted to the
State Board of Education shall | 7 | | include a description of the public hearing. Except with | 8 | | respect to contracting for adaptive driver education, an | 9 | | eligible applicant wishing to request a modification or waiver | 10 | | of administrative rules of the State Board of Education | 11 | | regarding contracting with a commercial driver training school | 12 | | to provide the course of study authorized under Section 27-24.2 | 13 | | of this Code must provide evidence with its application that | 14 | | the commercial driver training school with which it will | 15 | | contract holds a license issued by the Secretary of State under | 16 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 17 | | each instructor employed by the commercial driver training | 18 | | school to provide instruction to students served by the school | 19 | | district holds a valid teaching certificate or teaching | 20 | | license, as applicable, issued under the requirements of this | 21 | | Code and rules of the State Board of Education. Such evidence | 22 | | must include, but need not be limited to, a list of each | 23 | | instructor assigned to teach students served by the school | 24 | | district, which list shall include the instructor's name, | 25 | | personal identification number as required by the State Board | 26 | | of Education, birth date, and driver's license number. If the |
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| 1 | | modification or waiver is granted, then the eligible applicant | 2 | | shall notify the State Board of Education of any changes in the | 3 | | personnel providing instruction within 15 calendar days after | 4 | | an instructor leaves the program or a new instructor is hired. | 5 | | Such notification shall include the instructor's name, | 6 | | personal identification number as required by the State Board | 7 | | of Education, birth date, and driver's license number. If a | 8 | | school district maintains an Internet website, then the | 9 | | district shall post a copy of the final contract between the | 10 | | district and the commercial driver training school on the | 11 | | district's Internet website. If no Internet website exists, | 12 | | then the district shall make available the contract upon | 13 | | request. A record of all materials in relation to the | 14 | | application for contracting must be maintained by the school | 15 | | district and made available to parents and guardians upon | 16 | | request. The instructor's date of birth and driver's license | 17 | | number and any other personally identifying information as | 18 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 19 | | must be redacted from any public materials.
Following receipt | 20 | | of the waiver or modification request, the
State Board shall | 21 | | have 45 days to review the application and request. If the
| 22 | | State Board fails to disapprove the application within that 45 | 23 | | day period, the
waiver or modification shall be deemed granted. | 24 | | The State Board
may disapprove
any request if it is not based | 25 | | upon sound educational practices, endangers the
health or | 26 | | safety of students or staff, compromises equal opportunities |
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| 1 | | for
learning, or fails to demonstrate that the intent of the | 2 | | rule or mandate can be
addressed in a more effective, | 3 | | efficient, or economical manner or have improved
student | 4 | | performance as a primary goal. Any request disapproved by the | 5 | | State
Board may be appealed to the General Assembly by the | 6 | | eligible applicant
as outlined in this Section. | 7 | | A request for a waiver from mandates contained in this | 8 | | School Code shall be
submitted to the State Board within 15 | 9 | | days after approval by the board or regional superintendent of | 10 | | schools.
The application as submitted to the State Board of | 11 | | Education
shall include a description of the public hearing. | 12 | | The description shall
include, but need not be limited to, the | 13 | | means of notice, the number of people
in attendance, the number | 14 | | of people who spoke as proponents or opponents of the
waiver, a | 15 | | brief description of their comments, and whether there were any
| 16 | | written statements submitted.
The State Board shall review the | 17 | | applications and requests for
completeness and shall compile | 18 | | the requests in reports to be filed with the
General Assembly.
| 19 | | The State Board shall file
reports outlining the waivers
| 20 | | requested by eligible applicants
and appeals by eligible | 21 | | applicants of requests
disapproved by the State Board with the | 22 | | Senate and the House of
Representatives before each March 1 and
| 23 | | October
1. The General Assembly may disapprove the report of | 24 | | the State Board in whole
or in part within 60 calendar days | 25 | | after each house of the General Assembly
next
convenes after | 26 | | the report is filed by adoption of a resolution by a record |
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| 1 | | vote
of the majority of members elected in each house. If the | 2 | | General Assembly
fails to disapprove any waiver request or | 3 | | appealed request within such 60
day period, the waiver or | 4 | | modification shall be deemed granted. Any resolution
adopted by | 5 | | the General Assembly disapproving a report of the State Board | 6 | | in
whole or in part shall be binding on the State Board. | 7 | | (e) An approved waiver or modification (except a waiver | 8 | | from or modification to a physical education mandate) may | 9 | | remain in effect for a period not to
exceed 5 school years and | 10 | | may be renewed upon application by the
eligible applicant. | 11 | | However, such waiver or modification may be changed within that
| 12 | | 5-year period by a board or regional superintendent of schools | 13 | | applying on behalf of schools or programs operated by the | 14 | | regional office of education following the procedure as set
| 15 | | forth in this Section for the initial waiver or modification | 16 | | request. If
neither the State Board of Education nor the | 17 | | General Assembly disapproves, the
change is deemed granted. | 18 | | An approved waiver from or modification to a physical | 19 | | education mandate may remain in effect for a period not to | 20 | | exceed 2 school years and may be renewed no more than 2 times | 21 | | upon application by the eligible applicant. An approved waiver | 22 | | from or modification to a physical education mandate may be | 23 | | changed within the 2-year period by the board or regional | 24 | | superintendent of schools, whichever is applicable, following | 25 | | the procedure set forth in this Section for the initial waiver | 26 | | or modification request. If neither the State Board of |
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| 1 | | Education nor the General Assembly disapproves, the change is | 2 | | deemed granted.
| 3 | | (f) (Blank). | 4 | | (Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.) | 5 | | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | 6 | | Sec. 27-24.2. Safety education; driver education course. | 7 | | Instruction shall be given in safety education in each of | 8 | | grades one though 8, equivalent to one class period each week, | 9 | | and any school district which maintains
grades 9 through 12 | 10 | | shall offer a driver education course in any such school
which | 11 | | it operates. Its curriculum shall include content dealing with | 12 | | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, | 13 | | the rules adopted pursuant to those Chapters insofar as they | 14 | | pertain to the operation of motor vehicles, and the portions of | 15 | | the Litter Control Act relating to the operation of motor | 16 | | vehicles. The course of instruction given in grades 10 through | 17 | | 12 shall include an emphasis on the development of knowledge, | 18 | | attitudes, habits, and skills necessary for the safe operation | 19 | | of motor vehicles, including motorcycles insofar as they can be | 20 | | taught in the classroom, and instruction on distracted driving | 21 | | as a major traffic safety issue. In addition, the course shall | 22 | | include instruction on special hazards existing at and required | 23 | | safety and driving precautions that must be observed at | 24 | | emergency situations, highway construction and maintenance | 25 | | zones, and railroad crossings and the approaches thereto. The |
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| 1 | | course of instruction required of each eligible student at the | 2 | | high school level shall consist of a minimum of 30 clock hours | 3 | | of classroom instruction and a minimum of 6 clock hours of | 4 | | individual behind-the-wheel instruction in a dual control car | 5 | | on public roadways taught by a driver education instructor | 6 | | endorsed by the State Board of Education. Both the classroom | 7 | | instruction part and the practice driving
part of such driver | 8 | | education course shall be open to a resident or
non-resident | 9 | | student attending a non-public school in the district wherein | 10 | | the
course is offered. Each student attending any public or | 11 | | non-public high school
in the district must receive a passing | 12 | | grade in at least 8 courses during the
previous 2 semesters | 13 | | prior to enrolling in a driver education course, or the
student | 14 | | shall not be permitted to enroll in the course; provided that | 15 | | the local
superintendent of schools (with respect to a student | 16 | | attending a public high
school in the district) or chief school | 17 | | administrator (with respect to a
student attending a non-public | 18 | | high school in the district) may waive the
requirement if the | 19 | | superintendent or chief school administrator, as the case
may | 20 | | be, deems it to be in the best interest of the student. A | 21 | | student may be allowed to commence the
classroom instruction | 22 | | part of such driver education course prior to reaching
age 15 | 23 | | if such student then will be eligible to complete the entire | 24 | | course
within 12 months after being allowed to commence such | 25 | | classroom instruction. | 26 | | A school district may offer a driver education course in a |
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| 1 | | school by contracting with a commercial driver training school | 2 | | to provide both the classroom instruction part and the practice | 3 | | driving part or either one without having to request a | 4 | | modification or waiver of administrative rules of the State | 5 | | Board of Education. If a school district chooses to contract | 6 | | with a commercial driver training school, then the district | 7 | | must provide evidence to the State Board of Education that the | 8 | | commercial driver training school with which it will contract | 9 | | holds a license issued by the Secretary of State under Article | 10 | | IV of Chapter 6 of the Illinois Vehicle Code and that each | 11 | | instructor employed by the commercial driver training school to | 12 | | provide instruction to students served by the school district | 13 | | holds a valid teaching license issued under the requirements of | 14 | | rules of the State Board of Education. Such evidence must | 15 | | include, but need not be limited to, a list of each instructor | 16 | | assigned to teach students served by the school district, which | 17 | | list shall include the instructor's name, personal | 18 | | identification number as required by the State Board of | 19 | | Education, birth date, and driver's license number. If a school | 20 | | district maintains an Internet website, then the district shall | 21 | | post a copy of the final contract between the district and the | 22 | | commercial driver training school on the district's Internet | 23 | | website. If no Internet website exists, then the district shall | 24 | | make available the contract upon request. A record of all | 25 | | materials in relation to the contracting of a driver education | 26 | | course must be maintained by the school district and made |
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| 1 | | available to the parents and guardians of students upon | 2 | | request. The instructor's date of birth and driver's license | 3 | | number and any other personally identifying information as | 4 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 5 | | must be redacted from any public materials. | 6 | | Such a course may be commenced immediately after the | 7 | | completion of a prior
course. Teachers of such courses shall | 8 | | meet the licensure certification requirements of
this Code Act | 9 | | and regulations of the State Board as to qualifications. | 10 | | Subject to rules of the State Board of Education, the | 11 | | school district may charge a reasonable fee, not to exceed $50, | 12 | | to students who participate in the course, unless a student is | 13 | | unable to pay for such a course, in which event the fee for | 14 | | such a student must be waived. However, the district may | 15 | | increase this fee to an amount not to exceed $250 by school | 16 | | board resolution following a public hearing on the increase, | 17 | | which increased fee must be waived for students who participate | 18 | | in the course and are unable to pay for the course. The total | 19 | | amount from driver education fees and reimbursement from the | 20 | | State for driver education must not exceed the total cost of | 21 | | the driver education program in any year and must be deposited | 22 | | into the school district's driver education fund as a separate | 23 | | line item budget entry. All moneys deposited into the school | 24 | | district's driver education fund must be used solely for the | 25 | | funding of a high school driver education program approved by | 26 | | the State Board of Education that uses driver education |
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| 1 | | instructors endorsed by the State Board of Education. | 2 | | (Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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