State of Illinois
92nd General Assembly
Legislation

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92_SB0905

 
                                               LRB9200629NTsb

 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, or  teacher  tenure
26    and seniority.
27        School  districts,  as  a  matter  of inherent managerial
28    policy,  and  any  Independent  Authority  established  under
29    Section 2-3.25f may submit an application  for  a  waiver  or
30    modification authorized under this Section.  Each application
31    must  include  a  written  request  by the school district or
 
                            -2-                LRB9200629NTsb
 1    Independent Authority and must demonstrate that the intent of
 2    the mandate can be addressed in a more effective,  efficient,
 3    or  economical  manner  or  be based upon a specific plan for
 4    improved student performance and  school  improvement.    Any
 5    district  requesting  a waiver or modification for the reason
 6    that intent of  the  mandate  can  be  addressed  in  a  more
 7    economical  manner  shall include in the application a fiscal
 8    analysis showing current  expenditures  on  the  mandate  and
 9    projected  savings resulting from the waiver or modification.
10    Applications and plans developed by school districts must  be
11    approved  by  each  board  of  education  following  a public
12    hearing on the application and plan and the  opportunity  for
13    the  board to hear testimony from educators directly involved
14    in its implementation, parents, and students.    Such  public
15    hearing  shall be held on a day other than the day on which a
16    regular meeting of the board is  held.   The  public  hearing
17    must  be  preceded by at least one published notice occurring
18    at least 7 days prior  to  the  hearing  in  a  newspaper  of
19    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  and  those
23    State  legislators  representing  the  district  holding  the
24    public hearing of the district's intent to seek approval of a
25    waiver  or modification and of the hearing to be held to take
26    testimony from educators.  The affected exclusive  collective
27    bargaining agents shall be notified of such public hearing at
28    least  7  days  prior to the date of the hearing and shall be
29    allowed to attend such public  hearing.  The  district  shall
30    attest  to  compliance  with  all  of  the  notification  and
31    procedural requirements set forth in this Section.
32        A  request for a waiver or modification of administrative
33    rules and regulations  or  for  a  modification  of  mandates
34    contained in this School Code shall be submitted to the State
 
                            -3-                LRB9200629NTsb
 1    Board of Education within 15 days after approval by the board
 2    of  education.   The  application  as  submitted to the State
 3    Board of Education shall include a description of the  public
 4    hearing.    Following receipt of the request, the State Board
 5    shall have 45 days to review the application and request.  If
 6    the State Board fails to disapprove  the  application  within
 7    that  45  day  period,  the  waiver  or modification shall be
 8    deemed granted.  The State Board may disapprove  any  request
 9    if   it  is  not  based  upon  sound  educational  practices,
10    endangers  the  health  or  safety  of  students  or   staff,
11    compromises  equal  opportunities  for  learning, or fails to
12    demonstrate that the intent of the rule  or  mandate  can  be
13    addressed  in  a  more  effective,  efficient,  or economical
14    manner or have improved  student  performance  as  a  primary
15    goal.   Any  request  disapproved  by  the State Board may be
16    appealed to the General Assembly  by  the  requesting  school
17    district as outlined in this Section.
18        A  request  for  a waiver from mandates contained in this
19    School Code shall be submitted to the State Board  within  15
20    days   after  approval  by  the  board  of  education.    The
21    application as submitted to  the  State  Board  of  Education
22    shall  include  a  description  of  the  public hearing.  The
23    description shall include, but need not be  limited  to,  the
24    means  of  notice,  the  number  of people in attendance, the
25    number of people who spoke as proponents or opponents of  the
26    waiver,  a  brief  description of their comments, and whether
27    there were any written statements submitted.  The State Board
28    shall review the applications and requests  for  completeness
29    and  shall  compile  the requests in reports to be filed with
30    the General Assembly. The  State  Board  shall  file  reports
31    outlining  the  waivers  requested  by  school  districts and
32    appeals by school districts of requests  disapproved  by  the
33    State  Board with the Senate and the House of Representatives
34    before each May 1 and October 1.  The  General  Assembly  may
 
                            -4-                LRB9200629NTsb
 1    disapprove  the report of the State Board in whole or in part
 2    within 30 calendar days  after  each  house  of  the  General
 3    Assembly  next convenes after the report is filed by adoption
 4    of a resolution by a record vote of the majority  of  members
 5    elected  in  each  house.   If  the General Assembly fails to
 6    disapprove any waiver request or appealed request within such
 7    30 day period, the waiver or  modification  shall  be  deemed
 8    granted.   Any  resolution  adopted  by  the General Assembly
 9    disapproving a report of the State Board in whole or in  part
10    shall be binding on the State Board.
11        An  approved  waiver or modification may remain in effect
12    for a period not to exceed 5 school years and may be  renewed
13    upon application by the school district. However, such waiver
14    or modification may be changed within that 5-year period by a
15    local  school  district  board following the procedure as set
16    forth in this Section for the initial waiver or  modification
17    request.   If  neither  the  State Board of Education nor the
18    General Assembly disapproves, the change is deemed granted.
19        On or before February 1, 1998, and each year  thereafter,
20    the State Board of Education shall submit a cumulative report
21    summarizing all types of waiver mandates and modifications of
22    mandates  granted by the State Board or the General Assembly.
23    The report shall identify the topic of the waiver along  with
24    the  number  and percentage of school districts for which the
25    waiver has been granted.  The report shall also  include  any
26    recommendations  from the State Board regarding the repeal or
27    modification of waived mandates.
28    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
29    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.

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