Full Text of HB5122 102nd General Assembly
HB5122 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5122 Introduced 1/27/2022, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Defines terms. Provides that no school district is obligated to comply with any mandate in any school year in which the school district is designated as a Tier 3 or Tier 4 organizational unit with specified exceptions. Provides that before discontinuing or modifying a mandate, the school district shall conduct a public hearing separate of a regular school board meeting. Provides notice requirements for the public hearing. Provides that the discontinuation and modification of a mandate shall not be more than 5 years and while the school district is still designated as either Tier 3 or Tier 4. Provides that the voters of a school district may submit a petition to place a question on the ballot at the next regularly scheduled election to discontinue or modify a mandate. Provides that no school district that discontinues or modifies a mandate shall be limited in their authority to participate in interscholastic athletics or activities or any other extracurricular events. Effective July 1, 2022.
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| | A BILL FOR |
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| | | HB5122 | | LRB102 24086 RJT 33309 b |
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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 adding Section | 5 | | 22-94 as follows: | 6 | | (105 ILCS 5/22-94 new) | 7 | | Sec. 22-94. School district mandates compliance. | 8 | | (a) Definitions. For purposes of this Section only: | 9 | | "School district" means any public school district that is | 10 | | designated by the State Board as a Tier 3 or Tier 4 | 11 | | organizational unit as defined by Section 18-8.15 of this Code | 12 | | for a particular school year. | 13 | | "Mandate" means any provision of the School Code or any | 14 | | rule adopted by the State Board through authority given to the | 15 | | State Board in the School Code. | 16 | | (b) Beginning with the 2022-2023 school year, no school | 17 | | district is obligated to comply with any mandate in any school | 18 | | year in which the school district is designated as a Tier 3 or | 19 | | Tier 4 organizational unit, except that a school district | 20 | | shall not discontinue or modify any mandate pertaining to | 21 | | special education, teacher educator licensure, teacher tenure | 22 | | and seniority, Section 5-2.1 of this Code, any law, rule, or | 23 | | regulation governed by the federal Every Student Succeeds Act, |
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| 1 | | and any requirement for (i) student performance data to be a | 2 | | significant factor in teacher or principal evaluations or (ii) | 3 | | teachers and principals to be rated using the 4 categories of | 4 | | "excellent", "proficient", "needs improvement", or | 5 | | "unsatisfactory". | 6 | | (c) Before discontinuing or modifying a mandate under this | 7 | | Section, the school district shall conduct a public hearing | 8 | | separate of a regular school board meeting. At least 14 days | 9 | | prior to the public hearing, the school board shall post on its | 10 | | website information that sets forth the time, date, place, the | 11 | | list of mandates to be discontinued or modified, and the time | 12 | | period for the discontinuation or modification of the mandate, | 13 | | which shall not be more than 5 school years. The school board | 14 | | shall also give notice to the overseeing regional | 15 | | superintendent of schools, the exclusive collective bargaining | 16 | | agent, and the president of any parent-teacher associations | 17 | | for the school or schools affected by the discontinuation or | 18 | | modification of the mandate. At the discretion of the school | 19 | | board, if more than one mandate is to be discontinued or | 20 | | modified, each mandate may be considered during a single | 21 | | public hearing or during separate public hearings if the | 22 | | posting requirement in this subsection is satisfied. At the | 23 | | public hearing, the school board shall allow for testimony | 24 | | from members of the public and school personnel. At the next | 25 | | regularly-scheduled school board meeting, the school board may | 26 | | take a vote to discontinue or modify the mandates discussed |
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| 1 | | during the public hearing. Upon approval, the discontinuation | 2 | | or modification of a mandate shall be valid for a time period | 3 | | as described by the school board so long as the time period is | 4 | | no more than 5 school years and the school district remains | 5 | | designated as a Tier 3 or Tier 4 organizational unit. A school | 6 | | board may revisit the discontinuation or modification of a | 7 | | mandate at any time following approval and may extend the | 8 | | discontinuation or modification after the time period has | 9 | | lapsed for initial approval so long as the school board | 10 | | initiates the public hearing process described in this | 11 | | subsection (c). | 12 | | (d) In addition to the process described in subsection | 13 | | (c), in accordance with the Election Code, the voters of a | 14 | | school district may submit a petition to place a question on | 15 | | the ballot at the next regularly scheduled election to | 16 | | discontinue or modify a mandate. The petition may not seek to | 17 | | discontinue or modify a mandate under this Section for more | 18 | | than 5 years and the discontinuation or modification of the | 19 | | mandate may be valid so long as the school district remains | 20 | | designated as a Tier 3 or Tier 4 organizational unit under | 21 | | Section 18-8.15 of this Code. | 22 | | The question shall be placed on the ballot by the | 23 | | appropriate election authority in accordance with the Election | 24 | | Code if the petition is signed by no less than 5% of the | 25 | | electors voting in the school district's last regularly | 26 | | scheduled school board election. |
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| 1 | | At least 2 weeks prior to any voting beginning for the | 2 | | election in which the question will be submitted to the | 3 | | voters, notice shall be provided in a newspaper of general | 4 | | circulation covering the school district that describes the | 5 | | mandate that will be discontinued or modified. Notice shall be | 6 | | provided by the party or parties that submitted the petition | 7 | | to the appropriate election authority, and the election | 8 | | authority must notified the party or parties of the notice | 9 | | requirement upon submitting the party or parties submitting | 10 | | the petition. | 11 | | The election authority must submit the question in | 12 | | substantially the following form: | 13 | | "Shall (school district name and number) discontinue or | 14 | | modify the following State-initiated mandate (describe | 15 | | mandate) for the time period of (describe time period) so long | 16 | | as the school district remains designated as a Tier 3 or Tier 4 | 17 | | organizational unit under Section 18-8.15 of the Illinois | 18 | | School Code?" | 19 | | The election authority must record the votes as "Yes" or | 20 | | "No." | 21 | | If a majority of the electors voting on the question vote | 22 | | in the affirmative, then the school district shall discontinue | 23 | | or modify the mandate for the time period described in the | 24 | | ballot question. | 25 | | (e) No school district that discontinues or modifies a | 26 | | mandate under this Section shall be limited in their authority |
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| 1 | | to participate in interscholastic athletics or activities or | 2 | | any other extracurricular events.
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2022.
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