State of Illinois
92nd General Assembly

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[ Introduced ][ Senate Amendment 001 ]


HB1440 Engrossed                               LRB9202641NTsb

 1        AN ACT relating to schools.

 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
 5    Section 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
 8    the School Code and  administrative  rules  and  regulations.
 9    Notwithstanding  any  other provisions of this School Code or
10    any other law of this State to the contrary, school districts
11    may petition the State Board of Education for the  waiver  or
12    modification  of  the  mandates of this School Code or of the
13    administrative rules and regulations promulgated by the State
14    Board   of   Education.    Waivers   or   modifications    of
15    administrative  rules  and  regulations  and modifications of
16    mandates of this School Code may be requested when  a  school
17    district  demonstrates  that it can address the intent of the
18    rule or mandate in a more effective, efficient, or economical
19    manner or when necessary to stimulate innovation  or  improve
20    student  performance.  Waivers of mandates of this the School
21    Code may be requested  when  the  waivers  are  necessary  to
22    stimulate innovation or improve student performance.  Waivers
23    may  not  be  requested  from  laws,  rules,  and regulations
24    pertaining to special education,  teacher  certification,  or
25    teacher tenure and seniority.
26        School  districts,  as  a  matter  of inherent managerial
27    policy,  and  any  Independent  Authority  established  under
28    Section 2-3.25f may submit an application  for  a  waiver  or
29    modification authorized under this Section.  Each application
30    must  include  a  written  request  by the school district or
31    Independent Authority and must demonstrate that the intent of
HB1440 Engrossed            -2-                LRB9202641NTsb
 1    the mandate can be addressed in a more effective,  efficient,
 2    or  economical  manner  or  be based upon a specific plan for
 3    improved student performance and  school  improvement.    Any
 4    district  requesting  a waiver or modification for the reason
 5    that intent of  the  mandate  can  be  addressed  in  a  more
 6    economical  manner  shall include in the application a fiscal
 7    analysis showing current  expenditures  on  the  mandate  and
 8    projected  savings resulting from the waiver or modification.
 9    Applications and plans developed by school districts must  be
10    approved  by  each  board  of  education  following  a public
11    hearing on the application and plan and the  opportunity  for
12    the  board to hear testimony from educators directly involved
13    in its implementation,  parents,  and  students.  The  public
14    hearing  must  be  preceded  by at least one published notice
15    occurring at least 7 days prior to the hearing in a newspaper
16    of general circulation within the school district  that  sets
17    forth  the  time,  date, place, and general subject matter of
18    the hearing.  The school district must notify in writing  the
19    affected   exclusive   collective  bargaining  agent  of  the
20    district's  intent  to  seek  approval   of   a   waiver   or
21    modification  and of the hearing to be held to take testimony
22    from educators.  The affected exclusive collective bargaining
23    agents shall be notified of such public hearing  at  least  7
24    days prior to the date of the hearing and shall be allowed to
25    attend such public hearing.
26        A  request for a waiver or modification of administrative
27    rules and regulations  or  for  a  modification  of  mandates
28    contained in this School Code shall be submitted to the State
29    Board of Education within 15 days after approval by the board
30    of  education.   Following  receipt of the request, the State
31    Board shall have  45  days  to  review  the  application  and
32    request.    If  the  State  Board  fails  to  disapprove  the
33    application  within  that  45  day  period,  the  waiver   or
34    modification  shall  be  deemed granted.  The State Board may
HB1440 Engrossed            -3-                LRB9202641NTsb
 1    disapprove  any  request  if  it  is  not  based  upon  sound
 2    educational practices, endangers  the  health  or  safety  of
 3    students   or  staff,  compromises  equal  opportunities  for
 4    learning, or fails to demonstrate that the intent of the rule
 5    or mandate can be addressed in a more  effective,  efficient,
 6    or  economical manner or have improved student performance as
 7    a primary goal.  Any request disapproved by the  State  Board
 8    may  be  appealed  to  the General Assembly by the requesting
 9    school district as outlined in this Section.
10        A request for a waiver from mandates  contained  in  this
11    School  Code  shall be submitted to the State Board within 15
12    days after approval by the board  of  education.   The  State
13    Board   shall   review  the  applications  and  requests  for
14    completeness and shall compile the requests in reports to  be
15    filed  with  the General Assembly. The State Board shall file
16    reports outlining the waivers requested by  school  districts
17    and  appeals  by  school districts of requests disapproved by
18    the  State  Board  with  the  Senate   and   the   House   of
19    Representatives before each May 1 and October 1.  The General
20    Assembly  may  disapprove  the  report  of the State Board in
21    whole or in part within 30 calendar days after each house  of
22    the  General Assembly next convenes after the report is filed
23    by adoption of a resolution by a record vote of the  majority
24    of  members  elected  in each house.  If the General Assembly
25    fails to disapprove any waiver request  or  appealed  request
26    within  such  30 day period, the waiver or modification shall
27    be deemed granted.  Any resolution  adopted  by  the  General
28    Assembly disapproving a report of the State Board in whole or
29    in part shall be binding on the State Board.
30        An  approved  waiver or modification may remain in effect
31    for a period not to exceed 5 school years and may be  renewed
32    upon application by the school district. However, such waiver
33    or modification may be changed within that 5-year period by a
34    local  school  district  board following the procedure as set
HB1440 Engrossed            -4-                LRB9202641NTsb
 1    forth in this Section for the initial waiver or  modification
 2    request.   If  neither  the  State Board of Education nor the
 3    General Assembly disapproves, the change is deemed granted.
 4        On or before February 1, 1998, and each year  thereafter,
 5    the State Board of Education shall submit a cumulative report
 6    summarizing all types of waiver mandates and modifications of
 7    mandates  granted by the State Board or the General Assembly.
 8    The report shall identify the topic of the waiver along  with
 9    the  number  and percentage of school districts for which the
10    waiver has been granted.  The report shall also  include  any
11    recommendations  from the State Board regarding the repeal or
12    modification of waived mandates.
13    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
14    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

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