Sen. Edward D. Maloney
Filed: 5/5/2010
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1 | AMENDMENT TO HOUSE BILL 4711
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2 | AMENDMENT NO. ______. Amend House Bill 4711 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by adding Section | ||||||
5 | 22-60 as follows: | ||||||
6 | (105 ILCS 5/22-60 new) | ||||||
7 | Sec. 22-60. Unfunded mandates prohibited. | ||||||
8 | (a) No public school district or private school is | ||||||
9 | obligated to comply with the following types of mandates unless | ||||||
10 | a separate appropriation has been enacted into law providing | ||||||
11 | full funding for the mandate for the school year during which | ||||||
12 | the mandate is required: | ||||||
13 | (1) Any mandate in this Code enacted after the | ||||||
14 | effective date of this amendatory Act of the 96th General | ||||||
15 | Assembly. | ||||||
16 | (2) Any regulatory mandate promulgated by the State |
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1 | Board of Education and adopted by rule after the effective | ||||||
2 | date of this amendatory Act of the 96th General Assembly | ||||||
3 | other than those promulgated with respect to this Section | ||||||
4 | or statutes already enacted on or before the effective date | ||||||
5 | of this amendatory Act of the 96th General Assembly. | ||||||
6 | (b) If the amount appropriated to fund a mandate described | ||||||
7 | in subsection (a) of this Section does not fully fund the | ||||||
8 | mandated activity, then the school district or private school | ||||||
9 | may choose to discontinue or modify the mandated activity to | ||||||
10 | ensure that the costs of compliance do not exceed the funding | ||||||
11 | received. | ||||||
12 | Before discontinuing or modifying the mandate, the school | ||||||
13 | district shall petition its regional superintendent of schools | ||||||
14 | on or before February 15 of each year to request to be exempt | ||||||
15 | from implementing the mandate in a school or schools in the | ||||||
16 | next school year. The petition shall include all legitimate | ||||||
17 | costs associated with implementing and operating the mandate, | ||||||
18 | the estimated reimbursement from State and federal sources, and | ||||||
19 | any unique circumstances the school district can verify that | ||||||
20 | exist that would cause the implementation and operation of such | ||||||
21 | a mandate to be cost prohibitive. | ||||||
22 | The regional superintendent of schools shall review the | ||||||
23 | petition. In accordance with the Open Meetings Act, he or she | ||||||
24 | shall convene a public hearing to hear testimony from the | ||||||
25 | school district and interested community members. The regional | ||||||
26 | superintendent shall, on or before March 15 of each year, |
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1 | inform the school district of his or her decision, along with | ||||||
2 | the reasons why the exemption was granted or denied, in | ||||||
3 | writing. The regional superintendent must also send | ||||||
4 | notification to the State Board of Education detailing which | ||||||
5 | school districts requested an exemption and the results. | ||||||
6 | If the regional superintendent grants an exemption to the | ||||||
7 | school district, then the school district is relieved from the | ||||||
8 | requirement to establish and implement the mandate in the | ||||||
9 | school or schools granted an exemption for the next school | ||||||
10 | year.
If the regional superintendent of schools does not grant | ||||||
11 | an exemption, then the school district shall implement the | ||||||
12 | mandate in accordance with the applicable law or rule by the | ||||||
13 | first student attendance day of the next school year. However, | ||||||
14 | the school district or a resident of the school district may on | ||||||
15 | or before April 15 appeal the decision of the regional | ||||||
16 | superintendent to the State Superintendent of Education. The | ||||||
17 | State Superintendent shall hear appeals on the decisions of | ||||||
18 | regional superintendents of schools no later than May 15 of | ||||||
19 | each year. The State Superintendent shall make a final decision | ||||||
20 | at the conclusion of the hearing on the school district's | ||||||
21 | request for an exemption from the mandate. If the State | ||||||
22 | Superintendent grants an exemption, then the school district is | ||||||
23 | relieved from the requirement to implement a mandate in the | ||||||
24 | school or schools granted an exemption for the next school | ||||||
25 | year. If the State Superintendent does not grant an exemption, | ||||||
26 | then the school district shall implement the mandate in |
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1 | accordance with the applicable law or rule by the first student | ||||||
2 | attendance day of the next school year. | ||||||
3 | If a school district or private school discontinues or | ||||||
4 | modifies a mandated activity due to lack of full funding from | ||||||
5 | the State, then the school district or private school shall | ||||||
6 | annually maintain and update a list of discontinued or modified | ||||||
7 | mandated activities. The list shall be provided to the State | ||||||
8 | Board of Education upon request. | ||||||
9 | (c) This Section does not apply to (i) any new statutory or | ||||||
10 | regulatory mandates related to revised learning standards | ||||||
11 | developed through the Common Core State Standards Initiative | ||||||
12 | and assessments developed to align with those standards or | ||||||
13 | actions specified in this State's Phase 2 Race to the Top Grant | ||||||
14 | application if the application is approved by the United States | ||||||
15 | Department of Education or (ii) new statutory or regulatory | ||||||
16 | mandates from the Race to the Top Grant through the federal | ||||||
17 | American Recovery and Reinvestment Act of 2009 imposed on | ||||||
18 | school districts designated as being in the lowest performing | ||||||
19 | 5% of schools within the Race to the Top Grant application. | ||||||
20 | (d) In any instances in which this Section conflicts with | ||||||
21 | the State Mandates Act, the State Mandates Act shall prevail.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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