Full Text of HB1262 100th General Assembly
HB1262enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 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 | | (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.
| 17 | | "Implementation date" has the meaning set forth in | 18 | | Section 24A-2.5 of this Code. | 19 | | "State Board" means the State Board of Education.
| 20 | | (b) Notwithstanding any other
provisions of this School | 21 | | Code or any other law of this State to the
contrary, eligible | 22 | | applicants may petition the State Board of Education for the
| 23 | | waiver or modification of the mandates of this School Code or |
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| 1 | | of the
administrative rules and regulations promulgated by the | 2 | | State Board of
Education. Waivers or modifications of | 3 | | administrative rules and regulations
and modifications of | 4 | | mandates of this School Code may be requested when an eligible | 5 | | applicant demonstrates that it can address the intent of the | 6 | | rule or
mandate in a more effective, efficient, or economical | 7 | | manner or when necessary
to stimulate innovation or improve | 8 | | student performance. Waivers of
mandates of
the School Code may | 9 | | be requested when the waivers are necessary to stimulate
| 10 | | innovation or improve student performance or when the applicant | 11 | | demonstrates that it can address the intent of the mandate of | 12 | | the School Code in a more effective, efficient, or economical | 13 | | manner. Waivers may not be requested
from laws, rules, and | 14 | | regulations pertaining to special education, teacher educator | 15 | | licensure, teacher tenure and seniority, or Section 5-2.1 of | 16 | | this Code or from compliance with the Every Student Succeeds | 17 | | Act (Public Law 114-95). Eligible applicants may not seek a | 18 | | waiver or seek a modification of a mandate regarding the | 19 | | requirements for (i) student performance data to be a | 20 | | significant factor in teacher or principal evaluations or (ii) | 21 | | teachers and principals to be rated using the 4 categories of | 22 | | "excellent", "proficient", "needs improvement", or | 23 | | "unsatisfactory". On September 1, 2014, any previously | 24 | | authorized waiver or modification from such requirements shall | 25 | | terminate. | 26 | | (c) Eligible applicants, as a matter of inherent managerial |
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| 1 | | policy, and any
Independent Authority established under | 2 | | Section 2-3.25f-5 of this Code may submit an
application for a | 3 | | waiver or modification authorized under this Section. Each
| 4 | | application must include a written request by the eligible | 5 | | applicant or
Independent Authority and must demonstrate that | 6 | | the intent of the mandate can
be addressed in a more effective, | 7 | | efficient, or economical manner
or be based
upon a specific | 8 | | plan for improved student performance and school improvement.
| 9 | | Any eligible applicant requesting a waiver or modification for | 10 | | the reason that intent
of the mandate can be addressed in a | 11 | | more economical manner shall include in
the application a | 12 | | fiscal analysis showing current expenditures on the mandate
and | 13 | | projected savings resulting from the waiver
or modification. | 14 | | Applications
and plans developed by eligible applicants must be | 15 | | approved by the board or regional superintendent of schools | 16 | | applying on behalf of schools or programs operated by the | 17 | | regional office of education following a public hearing on the | 18 | | application and plan and the
opportunity for the board or | 19 | | regional superintendent to hear testimony from staff
directly | 20 | | involved in
its implementation, parents, and students. The time | 21 | | period for such testimony shall be separate from the time | 22 | | period established by the eligible applicant for public comment | 23 | | on other matters. | 24 | | (c-5) If the applicant is a school district, then the | 25 | | district shall post information that sets forth the time, date, | 26 | | place, and general subject matter of the public hearing on its |
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| 1 | | Internet website at least 14 days prior to the hearing. If the | 2 | | district is requesting to increase the fee charged for driver | 3 | | education authorized pursuant to Section 27-24.2 of this Code, | 4 | | the website information shall include the proposed amount of | 5 | | the fee the district will request. All school districts must | 6 | | publish a notice of the public hearing at least 7 days prior to | 7 | | the hearing in a newspaper of general circulation within the | 8 | | school district that sets forth the time, date, place, and | 9 | | general subject matter of the hearing. Districts requesting to | 10 | | increase the fee charged for driver education shall include in | 11 | | the published notice the proposed amount of the fee the | 12 | | district will request. If the applicant is a joint agreement or | 13 | | regional superintendent, then the joint agreement or regional | 14 | | superintendent shall post information that sets forth the time, | 15 | | date, place, and general subject matter of the public hearing | 16 | | on its Internet website at least 14 days prior to the hearing. | 17 | | If the joint agreement or regional superintendent is requesting | 18 | | to increase the fee charged for driver education authorized | 19 | | pursuant to Section 27-24.2 of this Code, the website | 20 | | information shall include the proposed amount of the fee the | 21 | | applicant will request. All joint agreements and regional | 22 | | superintendents must publish a notice of the public hearing at | 23 | | least 7 days prior to the hearing in a newspaper of general | 24 | | circulation in each school district that is a member of the | 25 | | joint agreement or that is served by the educational service | 26 | | region that sets forth the time, date, place, and general |
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| 1 | | subject matter of the hearing, provided that a notice appearing | 2 | | in a newspaper generally circulated in more than one school | 3 | | district shall be deemed to fulfill this requirement with | 4 | | respect to all of the affected districts. Joint agreements or | 5 | | regional superintendents requesting to increase the fee | 6 | | charged for driver education shall include in the published | 7 | | notice the proposed amount of the fee the applicant will | 8 | | request. The
eligible applicant must notify in writing the | 9 | | affected exclusive collective
bargaining agent and those State | 10 | | legislators representing the eligible applicant's territory of
| 11 | | its
intent to seek approval of a
waiver or
modification and of | 12 | | the hearing to be held to take testimony from staff.
The | 13 | | affected exclusive collective bargaining agents shall be | 14 | | notified of such
public hearing at least 7 days prior to the | 15 | | date of the hearing and shall be
allowed to attend
such public | 16 | | hearing. The eligible applicant shall attest to compliance with | 17 | | all of
the notification and procedural requirements set forth | 18 | | in this Section. | 19 | | (d) A request for a waiver or modification of | 20 | | administrative rules and
regulations or for a modification of | 21 | | mandates contained in this School Code
shall be submitted to | 22 | | the State Board of Education within 15 days after
approval by | 23 | | the board or regional superintendent of schools. The | 24 | | application as submitted to the
State Board of Education shall | 25 | | include a description of the public hearing.
Following receipt | 26 | | of the waiver or modification request, the
State Board shall |
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| 1 | | have 45 days to review the application and request. If the
| 2 | | State Board fails to disapprove the application within that 45 | 3 | | day period, the
waiver or modification shall be deemed granted. | 4 | | The State Board
may disapprove
any request if it is not based | 5 | | upon sound educational practices, endangers the
health or | 6 | | safety of students or staff, compromises equal opportunities | 7 | | for
learning, or fails to demonstrate that the intent of the | 8 | | rule or mandate can be
addressed in a more effective, | 9 | | efficient, or economical manner or have improved
student | 10 | | performance as a primary goal. Any request disapproved by the | 11 | | State
Board may be appealed to the General Assembly by the | 12 | | eligible applicant
as outlined in this Section. | 13 | | A request for a waiver from mandates contained in this | 14 | | School Code shall be
submitted to the State Board within 15 | 15 | | days after approval by the board or regional superintendent of | 16 | | schools.
The application as submitted to the State Board of | 17 | | Education
shall include a description of the public hearing. | 18 | | The description shall
include, but need not be limited to, the | 19 | | means of notice, the number of people
in attendance, the number | 20 | | of people who spoke as proponents or opponents of the
waiver, a | 21 | | brief description of their comments, and whether there were any
| 22 | | written statements submitted.
The State Board shall review the | 23 | | applications and requests for
completeness and shall compile | 24 | | the requests in reports to be filed with the
General Assembly. | 25 | | The State Board shall file
reports outlining the waivers
| 26 | | requested by eligible applicants
and appeals by eligible |
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| 1 | | applicants of requests
disapproved by the State Board with the | 2 | | Senate and the House of
Representatives before each March 1 and
| 3 | | October
1. | 4 | | Except as otherwise provided in this subsection (d), the | 5 | | The report shall be reviewed by a panel of 4 members consisting | 6 | | of: | 7 | | (1) the Speaker of the House of Representatives; | 8 | | (2) the Minority Leader of the House of | 9 | | Representatives; | 10 | | (3) the President of the Senate; and | 11 | | (4) the Minority Leader of the Senate. | 12 | | The State Board of Education may provide the panel | 13 | | recommendations on waiver requests. The members of the panel | 14 | | shall review the report submitted by the State Board of | 15 | | Education and submit to the State Board of Education any notice | 16 | | of further consideration to any waiver request within 14 days | 17 | | after the member receives the report. If 3 or more of the panel | 18 | | members submit a notice of further consideration to any waiver | 19 | | request contained within the report, the State Board of | 20 | | Education shall submit the waiver request to the General | 21 | | Assembly for consideration. If less than 3 panel members submit | 22 | | a notice of further consideration to a waiver request, the | 23 | | waiver may be approved, denied, or modified by the State Board. | 24 | | If the State Board does not act on a waiver request within 10 | 25 | | days, then the waiver request is approved. If the waiver | 26 | | request is denied by the State Board, it shall submit the |
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| 1 | | waiver request to the General Assembly for consideration. | 2 | | A waiver request from mandates contained under Section | 3 | | 17-2, 17-2A, 17-7, or 17-8 of this Code shall not be reviewed | 4 | | by the panel, but shall be submitted to the General Assembly | 5 | | for consideration under this Section. | 6 | | The General Assembly may disapprove any waiver request | 7 | | submitted to the General Assembly pursuant to this subsection | 8 | | (d) in whole
or in part within 60 calendar days after each | 9 | | house of the General Assembly
next
convenes after the waiver | 10 | | request is submitted by adoption of a resolution by a record | 11 | | vote
of the majority of members elected in each house. If the | 12 | | General Assembly
fails to disapprove any waiver request or | 13 | | appealed request within such 60
day period, the waiver or | 14 | | modification shall be deemed granted. Any resolution
adopted by | 15 | | the General Assembly disapproving a report of the State Board | 16 | | in
whole or in part shall be binding on the State Board. | 17 | | (e) An approved waiver or modification may remain in effect | 18 | | for a period not to
exceed 5 school years and may be renewed | 19 | | upon application by the
eligible applicant. However, such | 20 | | waiver or modification may be changed within that
5-year period | 21 | | by a board or regional superintendent of schools applying on | 22 | | behalf of schools or programs operated by the regional office | 23 | | of education following the procedure as set
forth in this | 24 | | Section for the initial waiver or modification request. If
| 25 | | neither the State Board of Education nor the General Assembly | 26 | | disapproves, the
change is deemed granted. |
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| 1 | | (f) (Blank). | 2 | | (Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
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