HB1906 102ND GENERAL ASSEMBLY

LRB102 04301 CMG 14319 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1906

Introduced 2/17/2021, by Rep. Deanne M. Mazzochi, Thomas M. Bennett and Chris Miller

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-60

Amends the School Code. Until July 1, 2031, provides that a school district is relieved from the requirement to establish and implement certain unfunded mandates for a period of up to 5 years if specified conditions are met. In a provision that prohibits certain unfunded mandates, provides that the provision does not allow a school district or private school to discontinue or modify any law, rule, or regulation pertaining to special education, teacher educator licensure, teacher tenure and seniority, or voter eligibility; to fail to comply with the federal Every Student Succeeds Act; or to discontinue or modify any requirement for student performance data to be a significant factor in teacher or principal evaluations or teachers and principals to be rated using specified categories. Requires a public hearing before discontinuing or modifying a mandate. Sets forth notice procedures and a review process. Provides that if the provisions prohibiting certain unfunded mandates conflict with the State Mandates Act, the provisions prohibiting certain unfunded mandates (instead of the State Mandates Act) shall prevail. Effective July 1, 2021.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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 22-60 as follows:

(105 ILCS 5/22-60)

Sec. 22-60. Unfunded mandates prohibited.

(I) This subsection (I) applies before July 1, 2031.

(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation, excluding funds appropriated under Section 18-8.15 of this Code, has been enacted into law providing full funding for the mandate for the school year in which the mandate is initially discontinued or modified:

(1) Any mandate in this Code enacted after August 20, 2010 (the effective date of Public Act 96-1441).

(2) Any regulatory mandate promulgated by the State Board of Education and adopted by rule after August 20, 2010 (the effective date of Public Act 96-1441) other than those promulgated with respect to this Section or statutes already enacted on or before August 20, 2010 (the effective date of Public Act 96-1441).

(b) If the amount appropriated to fund a mandate described in paragraph (a) of this subsection (I) does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

This Section does not allow a school district or private school to discontinue or modify any law, rule, or regulation pertaining to special education, teacher educator licensure, teacher tenure and seniority, or Section 5-2.1 of this Code or to fail to comply with the federal Every Student Succeeds Act (Public Law 114-95). A school district or private school may not discontinue or modify any requirement for (i) student performance data to be a significant factor in teacher or principal evaluations or (ii) teachers and principals to be rated using the 4 categories of "excellent", "proficient", "needs improvement", or "unsatisfactory".

Before discontinuing or modifying the mandate, a school board shall conduct a public hearing. At least 14 days prior to the public hearing, the school board shall post on its website information that sets forth the time, date, place, list of mandates to be discontinued or modified, and time period for the discontinuation or modification. The time period for seeking relief shall not exceed 5 years from the date of decision by the school board.

The school board shall also give notice to the overseeing regional superintendent of schools, the exclusive collective bargaining agent, and the president of any parent-teacher associations for the school or schools affected by the mandate. At the discretion of the school board, if more than one mandate is to be discontinued or modified, each mandate may be considered during a single public hearing or during separate hearings if the posting requirements in this paragraph (b) are satisfied.

The school board must also give notice, in the school board's agenda, about the decision to discontinue or modify the mandate at 2 successive school board meetings held at least 13 days after the public hearing, but not more than 60 days apart or more than 60 days after the public hearing. The school board may take public testimony about the proposal to discontinue or modify the mandate. The school board shall vote to approve or deny the decision to discontinue or modify each mandate or group of mandates.

The school board shall set forth its reasons for discontinuing or modifying the mandate or mandates in writing and shall submit such findings within 30 days to the regional superintendent, the exclusive collective bargaining agent, and, if applicable, the president of any parent-teacher association associated with the impacted school or schools.

The regional superintendent of schools shall review the findings. In accordance with the Open Meetings Act, he or she may convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, within 30 days, inform the school district of any objections to the discontinuation or modification in writing. The objections must be limited to: (i) proof of full funding by State appropriation, separate of funds appropriated under Section 18-8.15 of this Code; (ii) for curriculum mandates, an identification of learning resources that are readily available to the school at no cost; (iii) for programming mandates, that resources are readily available to the school at no cost; or (iv) that the mandate relief sought will adversely change the health, life, safety, or well-being of the students involved. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption or modification and any objections from the regional superintendent.

Unless the regional superintendent denies the exemption, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the time period in the published notice, which period shall not exceed 5 years from the date of the school board's decision. The school district or a resident of the school district may appeal the decision of the regional superintendent to the State Superintendent of Education within 30 calendar days. The State Superintendent shall determine no later than 30 calendar days from the date of receipt of the appeal whether to approve or disapprove the discontinuation or modification of the mandate. The State Superintendent shall issue a final decision within 30 calendar days. Unless the State Superintendent denies the exemption, then the school district is relieved from the requirement to implement a mandate for the time period in the published notice, which period shall not exceed 5 years from the date of the school board's decision. If the State Superintendent objects to an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.

If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request and the General Assembly members representing the school district of the impacted school or schools upon request.

(c) In any instances in which this Section conflicts with the State Mandates Act, this Section shall prevail.

(II) This subsection (II) applies on and after July 1, 2031.

(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:

(1) Any mandate in this Code enacted after August 20, 2010 (the effective date of Public Act 96-1441) this amendatory Act of the 96th General Assembly.

(2) Any regulatory mandate promulgated by the State Board of Education and adopted by rule after August 20, 2010 (the effective date of Public Act 96-1441) this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before August 20, 2010 (the effective date of Public Act 96-1441) this amendatory Act of the 96th General Assembly.

(b) If the amount appropriated to fund a mandate described in paragraph subsection (a) of this subsection (II) this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.

The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.

If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year. If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.

If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.

(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application.

(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.

(Source: P.A. 96-1441, eff. 8-20-10.)

Section 99. Effective date. This Act takes effect July 1, 2021.