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90_HB0742eng 105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g Amends the School Code. In the provisions relating to waivers of School Code mandates and administrative rules, adds that waivers may not be requested from provisions relating to a regional superintendent's exercise of supervision and control over school districts in his or her educational service region. Effective July 1, 1997. LRB9003097THpk HB0742 Engrossed LRB9003097THpk 1 AN ACT to amend the School Code by changing Section 2 2-3.25g. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Section 2-3.25g as follows: 7 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) 8 Sec. 2-3.25g. Waiver or modification of mandates within 9 the School Code and administrative rules and regulations. 10 Notwithstanding any other provisions of this School Code or 11 any other law of this State to the contrary, school districts 12 may petition the State Board of Education for the waiver or 13 modification of the mandates of this School Code or of the 14 administrative rules and regulations promulgated by the State 15 Board of Education. Waivers or modifications of 16 administrative rules and regulations and modifications of 17 mandates of this School Code may be requested when a school 18 district demonstrates that it can address the intent of the 19 rule or mandate in a more effective, efficient, or economical 20 manner or when necessary to stimulate innovation or improve 21 student performance. Waivers of mandates of the School Code 22 may be requested when the waivers are necessary to stimulate 23 innovation or improve student performance. Waivers may not 24 be requested from laws, rules, and regulations pertaining to 25 special education, teacher certification,orteacher tenure 26 and seniority, or, after June 30, 1997, supervision and 27 control over school districts as provided under Section 28 3-14.2. 29 School districts, as a matter of inherent managerial 30 policy, and any Independent Authority established under 31 Section 2-3.25f may submit an application for a waiver or HB0742 Engrossed -2- LRB9003097THpk 1 modification authorized under this Section. Each application 2 must include a written request by the school district or 3 Independent Authority and must demonstrate that the intent of 4 the mandate can be addressed in a more effective, efficient, 5 or economical manner or be based upon a specific plan for 6 improved student performance and school improvement. Any 7 district requesting a waiver or modification for the reason 8 that intent of the mandate can be addressed in a more 9 economical manner shall include in the application a fiscal 10 analysis showing current expenditures on the mandate and 11 projected savings resulting from the waiver or modification. 12 Applications and plans developed by school districts must be 13 approved by each board of education following a public 14 hearing on the application and plan and the opportunity for 15 the board to hear testimony from educators directly involved 16 in its implementation, parents, and students. The public 17 hearing must be preceded by at least one published notice 18 occurring at least 7 days prior to the hearing in a newspaper 19 of general circulation within the school district that sets 20 forth the time, date, place, and general subject matter of 21 the hearing. The school district must notify in writing the 22 affected exclusive collective bargaining agent of the 23 district's intent to seek approval of a waiver or 24 modification and of the hearing to be held to take testimony 25 from educators. The affected exclusive collective bargaining 26 agents shall be allowed to attend such public hearing. 27 A request for a waiver or modification of administrative 28 rules and regulations or for a modification of mandates 29 contained in this School Code shall be submitted to the State 30 Board of Education within 15 days after approval by the board 31 of education. Following receipt of the request, the State 32 Board shall have 45 days to review the application and 33 request. If the State Board fails to disapprove the 34 application within that 45 day period, the waiver or HB0742 Engrossed -3- LRB9003097THpk 1 modification shall be deemed granted. The State Board may 2 disapprove any request if it is not based upon sound 3 educational practices, endangers the health or safety of 4 students or staff, compromises equal opportunities for 5 learning, or fails to demonstrate that the intent of the rule 6 or mandate can be addressed in a more effective, efficient, 7 or economical manner or have improved student performance as 8 a primary goal. Any request disapproved by the State Board 9 may be appealed to the General Assembly by the requesting 10 school district as outlined in this Section. 11 A request for a waiver from mandates contained in this 12 School Code shall be submitted to the State Board within 15 13 days after approval by the board of education. The State 14 Board shall review the applications and requests for 15 completeness and shall compile the requests in reports to be 16 filed within the General Assembly. The State Board shall 17 file reports outlining the waivers requested by school 18 districts and appeals by school districts of requests 19 disapproved by the State Board with the Senate, the House of 20 Representatives, and the Secretary of State before October 1, 21 1995, and thereafter before each May 1 and October 1. The 22 General Assembly may disapprove the report of the State Board 23 in whole or in part within 30 calendar days after each house 24 of the legislature next convenes after the report is filed by 25 adoption of a resolution by a record vote of the majority of 26 members elected in each house. If the General Assembly fails 27 to disapprove any waiver request or appealed request within 28 such 30 day period, the waiver or modification shall be 29 deemed granted. Any resolution adopted by the General 30 Assembly disapproving a report of the State Board in whole or 31 in part shall be binding on the State Board. 32 An approved waiver or modification may remain in effect 33 for a period not to exceed five school years and may be 34 renewed upon application by the school district. HB0742 Engrossed -4- LRB9003097THpk 1 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.) 2 Section 99. Effective date. This Act takes effect July 3 1, 1997.