Public Act 93-0557
SB206 Enrolled LRB093 07441 NHT 07605 b
AN ACT regarding schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 2-3.25g as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within
the School Code and administrative rules and regulations.
Notwithstanding any other provisions of this School Code or
any other law of this State to the contrary, school districts
may petition the State Board of Education for the waiver or
modification of the mandates of this School Code or of the
administrative rules and regulations promulgated by the State
Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when a school
district demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code
may be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not
be requested from laws, rules, and regulations pertaining to
special education, teacher certification, or teacher tenure
and seniority.
School districts, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f may submit an application for a waiver or
modification authorized under this Section. Each application
must include a written request by the school district or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective, efficient,
or economical manner or be based upon a specific plan for
improved student performance and school improvement. Any
district requesting a waiver or modification for the reason
that intent of the mandate can be addressed in a more
economical manner shall include in the application a fiscal
analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by school districts must be
approved by each board of education following a public
hearing on the application and plan and the opportunity for
the board to hear testimony from educators directly involved
in its implementation, parents, and students. Such public
hearing shall be held on a day other than the day on which a
regular meeting of the board is held. The public hearing
must be preceded by at least one published notice occurring
at least 7 days prior to the hearing in a newspaper of
general circulation within the school district that sets
forth the time, date, place, and general subject matter of
the hearing. The school district must notify in writing the
affected exclusive collective bargaining agent and those
State legislators representing the district holding the
public hearing of the district's intent to seek approval of a
waiver or modification and of the hearing to be held to take
testimony from educators. The affected exclusive collective
bargaining agents shall be notified of such public hearing at
least 7 days prior to the date of the hearing and shall be
allowed to attend such public hearing. The district shall
attest to compliance with all of the notification and
procedural requirements set forth in this Section.
A request for a waiver or modification of administrative
rules and regulations or for a modification of mandates
contained in this School Code shall be submitted to the State
Board of Education within 15 days after approval by the board
of education. The application as submitted to the State
Board of Education shall include a description of the public
hearing. Following receipt of the request, the State Board
shall have 45 days to review the application and request. If
the State Board fails to disapprove the application within
that 45 day period, the waiver or modification shall be
deemed granted. The State Board may disapprove any request
if it is not based upon sound educational practices,
endangers the health or safety of students or staff,
compromises equal opportunities for learning, or fails to
demonstrate that the intent of the rule or mandate can be
addressed in a more effective, efficient, or economical
manner or have improved student performance as a primary
goal. Any request disapproved by the State Board may be
appealed to the General Assembly by the requesting school
district as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board of education. The
application as submitted to the State Board of Education
shall include a description of the public hearing. The
description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the
number of people who spoke as proponents or opponents of the
waiver, a brief description of their comments, and whether
there were any written statements submitted. The State Board
shall review the applications and requests for completeness
and shall compile the requests in reports to be filed with
the General Assembly. The State Board shall file reports
outlining the waivers requested by school districts and
appeals by school districts of requests disapproved by the
State Board with the Senate and the House of Representatives
before each May 1 and October 1. The General Assembly may
disapprove the report of the State Board in whole or in part
within 30 calendar days after each house of the General
Assembly next convenes after the report is filed by adoption
of a resolution by a record vote of the majority of members
elected in each house. If the General Assembly fails to
disapprove any waiver request or appealed request within such
30 day period, the waiver or modification shall be deemed
granted. Any resolution adopted by the General Assembly
disapproving a report of the State Board in whole or in part
shall be binding on the State Board.
An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the school district. However, such waiver
or modification may be changed within that 5-year period by a
local school district board following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
On or before February 1, 1998, and each year thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver mandates and modifications of
mandates granted by the State Board or the General Assembly.
The report shall identify the topic of the waiver along with
the number and percentage of school districts for which the
waiver has been granted. The report shall also include any
recommendations from the State Board regarding the repeal or
modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.