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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the School | ||||||||||||||||||||||||||
5 | Districts of Innovation Act. | ||||||||||||||||||||||||||
6 | Section 5. Purpose. The purpose of this Act is to grant | ||||||||||||||||||||||||||
7 | school districts greater autonomy to implement innovative | ||||||||||||||||||||||||||
8 | practices that improve student academic performance and | ||||||||||||||||||||||||||
9 | benefit the whole child by removing obstacles that currently | ||||||||||||||||||||||||||
10 | exist in law or rules. | ||||||||||||||||||||||||||
11 | Section 10. Definitions. In this Act: | ||||||||||||||||||||||||||
12 | "District of innovation" means a school district that has | ||||||||||||||||||||||||||
13 | received such designation by the State Superintendent in | ||||||||||||||||||||||||||
14 | accordance with this Act. | ||||||||||||||||||||||||||
15 | "High-achieving district" means a school district that is | ||||||||||||||||||||||||||
16 | closing achievement gaps and has demonstrated significant | ||||||||||||||||||||||||||
17 | student growth as provided in Section 2-3.25c of the School | ||||||||||||||||||||||||||
18 | Code. | ||||||||||||||||||||||||||
19 | "Innovation" means a new or creative alternative to | ||||||||||||||||||||||||||
20 | existing instructional and administrative practices that is | ||||||||||||||||||||||||||
21 | intended to improve academic performance and learning outcomes | ||||||||||||||||||||||||||
22 | for students. |
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1 | "Innovation committee" means a committee of | ||||||
2 | representatives of the school district convened and operating | ||||||
3 | in accordance with Section 15 of this Act. | ||||||
4 | "School district" means a public school district in this | ||||||
5 | State, excluding vocational schools and special education | ||||||
6 | cooperatives. | ||||||
7 | "State Superintendent" means the State Superintendent of | ||||||
8 | Education. | ||||||
9 | Section 15. Innovation committee. | ||||||
10 | (a) School districts seeking to obtain designation as a | ||||||
11 | district of innovation must establish an innovation committee | ||||||
12 | that shall operate pursuant to the provisions of this Act. The | ||||||
13 | innovation committee shall consist of all of the following | ||||||
14 | individuals: | ||||||
15 | (1) The school district superintendent or his or her | ||||||
16 | designee. | ||||||
17 | (2) The president of the school district's school board | ||||||
18 | or his or her designee. | ||||||
19 | (3) One principal of a building in the school district, | ||||||
20 | appointed by the school district superintendent. | ||||||
21 | (4) Two teachers employed by the school district, | ||||||
22 | appointed by the exclusive bargaining representative of | ||||||
23 | the school district's teachers. If no exclusive bargaining | ||||||
24 | representative exists, then the school district | ||||||
25 | superintendent shall appoint the 2 teacher |
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1 | representatives. | ||||||
2 | (5) One employee of the school district defined as | ||||||
3 | school personnel under subsection (b) of Section 27-23.7 of | ||||||
4 | the School Code, other than the school district | ||||||
5 | superintendent, a principal, or a teacher, appointed by the | ||||||
6 | exclusive bargaining representative of the school | ||||||
7 | personnel. If no exclusive bargaining representative | ||||||
8 | exists, then the school district superintendent shall | ||||||
9 | appoint the school personnel representative. | ||||||
10 | (6) Two individuals not employed by the school district | ||||||
11 | who reside in the geographic boundaries of the school | ||||||
12 | district, appointed by the school district superintendent. | ||||||
13 | (7) Two parents of students enrolled in the school | ||||||
14 | district, appointed by the school district's parent | ||||||
15 | organization or organizations. If no parent organization | ||||||
16 | exists, then the parent representatives shall be appointed | ||||||
17 | by the school district superintendent. | ||||||
18 | (8) One student who is enrolled in the school district, | ||||||
19 | appointed by the school district superintendent. | ||||||
20 | (9) The regional superintendent of schools who holds | ||||||
21 | supervision and control over the school district or his or | ||||||
22 | her designee. | ||||||
23 | (b) The innovation committee shall develop a public | ||||||
24 | participation process for requesting and reviewing proposals | ||||||
25 | from members of the broader school community in the school | ||||||
26 | district. |
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1 | (c) The innovation committee may create subcommittees, | ||||||
2 | which may include non-committee members with specific | ||||||
3 | expertise, to work on developing portions of the innovation | ||||||
4 | plan under Section 20 of this Act. | ||||||
5 | Section 20. Innovation plan proposal. | ||||||
6 | (a) The innovation committee established under Section 15 | ||||||
7 | of this Act shall develop an innovation plan, which shall | ||||||
8 | outline the school district's proposal for improving student | ||||||
9 | academic performance through innovation. The plan may identify | ||||||
10 | mandates in Chapter 105 of the Illinois Compiled Statutes and | ||||||
11 | applicable implementing rules that the innovation committee | ||||||
12 | considers to be obstacles to achieving or maintaining high | ||||||
13 | student performance and request to be exempted from those | ||||||
14 | mandates. The plan shall be developed with significant input | ||||||
15 | from the broader school district community. | ||||||
16 | (b) The innovation plan shall contain elements prescribed | ||||||
17 | in the following: | ||||||
18 | (1) The goals or performance outcomes the school | ||||||
19 | district expects to achieve as a result of being designated | ||||||
20 | a district of innovation. The goals need to be ambitious, | ||||||
21 | but achievable, and improve performance at or above that | ||||||
22 | expected by State and federal accountability systems. The | ||||||
23 | measurable goals shall provide a basis for renewing or | ||||||
24 | modifying the innovation plan at the end of the period of | ||||||
25 | authorization and shall address one or more of the |
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1 | following areas: | ||||||
2 | (A) All students in kindergarten are assessed for | ||||||
3 | readiness. | ||||||
4 | (B) Ninety percent or more of third-grade students | ||||||
5 | are reading at or above grade level. | ||||||
6 | (C) Ninety percent or more of fifth-grade students | ||||||
7 | meet or exceed expectations in mathematics. | ||||||
8 | (D) Ninety percent or more of ninth-grade students | ||||||
9 | are on track to graduate with their cohort. | ||||||
10 | (E) Ninety percent or more students graduate from | ||||||
11 | high school ready for college and a career. | ||||||
12 | (F) All students are supported by highly prepared | ||||||
13 | and effective teachers and school leaders. | ||||||
14 | (G) Every school offers a safe and healthy learning | ||||||
15 | environment for all students. | ||||||
16 | (2) A description of the unique operational policies | ||||||
17 | and procedures that will be implemented in the district of | ||||||
18 | innovation and how such policies and procedures will | ||||||
19 | support the annual goals identified in the innovation plan. | ||||||
20 | (3) Specific requests for flexibility regarding | ||||||
21 | specific statutory or regulatory mandates. Such requests | ||||||
22 | must describe in detail the types of flexibility that will | ||||||
23 | be utilized and why such flexibility is necessary to | ||||||
24 | achieving the goals of the plan. | ||||||
25 | (4) Documentation of the collaborative process in | ||||||
26 | which the plan was developed. |
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1 | (5) Documentation of the approval of the plan by the | ||||||
2 | teachers in the school district. A majority of school | ||||||
3 | district employees licensed under Article 21B of the School | ||||||
4 | Code shall vote in the positive to support the plan before | ||||||
5 | submission for approval. The school board shall develop a | ||||||
6 | procedure regarding the voting of an innovation plan in | ||||||
7 | conjunction with the exclusive bargaining representative | ||||||
8 | of that school district, if applicable. | ||||||
9 | (6) A budget plan that describes how funds will be used | ||||||
10 | differently in the proposed district of innovation. | ||||||
11 | (7) Any other information requested by the regional | ||||||
12 | superintendent of schools or the State Superintendent. | ||||||
13 | (c) A school district may seek autonomy through innovation | ||||||
14 | in any of the following areas, but need not be limited to the | ||||||
15 | following: | ||||||
16 | (1) Flexibility to demonstrate measurable improvement | ||||||
17 | among subgroups of students, including low-income | ||||||
18 | students, English learners, or students receiving special | ||||||
19 | education services. | ||||||
20 | (2) Flexibility to demonstrate reduction of | ||||||
21 | achievement gaps among different groups of students. | ||||||
22 | (3) Flexibility to meet the graduation requirements | ||||||
23 | set by this State, with an emphasis on using | ||||||
24 | competency-based, performance-based assessments at the | ||||||
25 | local level. | ||||||
26 | (4) Flexibility to structure professional development |
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1 | activities according to the needs of the students, staff, | ||||||
2 | and faculty of the school district. This may include any of | ||||||
3 | the following: | ||||||
4 | (A) Modifying or transforming the structure or | ||||||
5 | content of professional development activities to meet | ||||||
6 | the specific needs of the school district's student | ||||||
7 | population, regardless of the school district's | ||||||
8 | professional development activities. | ||||||
9 | (B) Restructuring the daily schedule in order to | ||||||
10 | fully integrate professional development into the | ||||||
11 | daily collaboration of teachers within the school | ||||||
12 | district. | ||||||
13 | (C) Ongoing and high-quality professional | ||||||
14 | development opportunities designed to achieve the | ||||||
15 | goals identified in the innovation plan for all staff | ||||||
16 | members. | ||||||
17 | (5) Flexibility to manage staff members as needed in | ||||||
18 | order to create a healthy school community. This may | ||||||
19 | include, but need not be limited to, any of the following: | ||||||
20 | (A) Establishing staffing patterns and creating | ||||||
21 | job descriptions that best meet the academic, social, | ||||||
22 | and emotional needs of students, with approved | ||||||
23 | exemptions from Article 21B of the School Code. | ||||||
24 | (B) Hiring staff that best fit the needs of the | ||||||
25 | school district. | ||||||
26 | (C) Providing services, including services for |
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1 | gifted and talented students, services for English | ||||||
2 | learners, educational services for students at risk of | ||||||
3 | academic failure, expulsion, or dropping out, and | ||||||
4 | support services provided by the Department of Human | ||||||
5 | Services or county social services agencies. | ||||||
6 | (D) Faculty recruitment, preparation and | ||||||
7 | professional development, and compensation, which may | ||||||
8 | include the ability to conduct independent recruitment | ||||||
9 | and hiring processes, the design of professional | ||||||
10 | development, the use of peer-based evaluations, or the | ||||||
11 | implementation of a site-based pay incentive program. | ||||||
12 | (E) Preparation and counseling of students for the | ||||||
13 | transition to higher education or the workforce. | ||||||
14 | (F) Accountability measures, including expanding | ||||||
15 | the use of a variety of accountability measures, such | ||||||
16 | as graduation or exit examinations, student portfolio | ||||||
17 | reviews, competency-based pathways, or student and | ||||||
18 | parent accountability contracts. | ||||||
19 | (6) Flexibility to set longer school days and calendar | ||||||
20 | years for both students and faculty and scheduling that | ||||||
21 | allows for faculty planning time during the summer and | ||||||
22 | school year that may contribute to a more unified school | ||||||
23 | community. This may include increasing planning and | ||||||
24 | professional development time for faculty. | ||||||
25 | Section 25. Statutory and regulatory mandates. School |
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1 | districts shall not be relieved from any of the following | ||||||
2 | statutory or regulatory mandates: | ||||||
3 | (1) The Illinois Learning Standards established by the | ||||||
4 | State Board of Education. | ||||||
5 | (2) Accountability measures pursuant to Section | ||||||
6 | 2-3.25a of the School Code. | ||||||
7 | (3) Student achievement on the annual State | ||||||
8 | assessments as required by Section 2-3.64a-5 of the School | ||||||
9 | Code. | ||||||
10 | (4) Provisions of the federal Every Student Succeeds | ||||||
11 | Act. | ||||||
12 | (5) Mandates required to maintain federal grant | ||||||
13 | awards. | ||||||
14 | (6) Provisions outside of Chapter 105 of the Illinois | ||||||
15 | Compiled Statutes or their implementing rules. | ||||||
16 | (7) Non-curricular health and safety requirements. | ||||||
17 | (8) Mandates related to civil rights and student access | ||||||
18 | to district educational and non-educational programs. | ||||||
19 | (9) Mandates contained in Article 24 or 24A of the | ||||||
20 | School Code or their implementing rules. | ||||||
21 | No provision of this Act relieves or compromises any | ||||||
22 | party's rights or obligations under the Illinois Educational | ||||||
23 | Labor Relations Act. | ||||||
24 | Section 30. Innovation plan submission and designation. | ||||||
25 | (a) A school district seeking designation as a district of |
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1 | innovation must develop an innovation plan in accordance with | ||||||
2 | this Act. | ||||||
3 | (b) A school board shall post the innovation plan approved | ||||||
4 | by the innovation committee and eligible employees on the | ||||||
5 | school district's public Internet website for 30 days prior to | ||||||
6 | a final vote on the plan. A majority vote of the school board | ||||||
7 | is required at a regularly scheduled school board meeting to | ||||||
8 | approve the plan. If more than one school district is included | ||||||
9 | in the innovation plan, each school board must approve the | ||||||
10 | plan. | ||||||
11 | (c) Once a school board has approved an innovation plan, | ||||||
12 | the plan shall be submitted for review to the regional | ||||||
13 | superintendent of schools that holds supervision and control | ||||||
14 | over the district. An innovation plan for a school district | ||||||
15 | organized under Article 34 of the School Code shall be | ||||||
16 | submitted directly to the State Superintendent. | ||||||
17 | (d) The regional superintendent of schools shall certify | ||||||
18 | that, at a minimum, the following provisions have been | ||||||
19 | addressed: | ||||||
20 | (1) the overall vision for the school district, | ||||||
21 | including improving school performance and student | ||||||
22 | achievement related to the measurable goals prescribed in | ||||||
23 | Section 20 of this Act; | ||||||
24 | (2) the specific needs or challenges the district of | ||||||
25 | innovation will be designed to address; | ||||||
26 | (3) the number of students the district of innovation |
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1 | is anticipated to serve and the number of staff expected to | ||||||
2 | be employed within the district of innovation; | ||||||
3 | (4) an assessment of the autonomy and flexibility that | ||||||
4 | the school district is seeking; | ||||||
5 | (5) why the flexibility is desirable to carry out the | ||||||
6 | objectives of the school district; | ||||||
7 | (6) a description of the process that was used to | ||||||
8 | involve appropriate stakeholders in the development of the | ||||||
9 | innovation plan; and | ||||||
10 | (7) a proposed timetable for development and | ||||||
11 | establishment of the district of innovation. | ||||||
12 | (e) The regional superintendent of schools shall certify | ||||||
13 | that a school district's innovation plan contains the | ||||||
14 | specifications and satisfies the requirements of this Act and, | ||||||
15 | if so, shall submit the innovation plan to the State | ||||||
16 | Superintendent within 30 calendar days after receipt of the | ||||||
17 | innovation plan. | ||||||
18 | (f) The State Superintendent may approve or deny a school | ||||||
19 | district's innovation plan within 45 days after receipt. If the | ||||||
20 | State Superintendent fails to act within 45 days, the | ||||||
21 | innovation plan shall be deemed approved by the State | ||||||
22 | Superintendent. | ||||||
23 | (g) Districts of innovation are exempt from the School Code | ||||||
24 | waiver process under Section 2-3.25g of the School Code and | ||||||
25 | applicable rules. This exemption applies only to those items | ||||||
26 | approved in the innovation plan. |
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1 | (h) A school district designated as a district of | ||||||
2 | innovation shall have its innovation plan approved for a 2-year | ||||||
3 | period, renewable for subsequent 2-year periods, as determined | ||||||
4 | by the State Superintendent and based on reviews conducted by | ||||||
5 | the applicable regional superintendent of schools, in | ||||||
6 | accordance with Section 40 of this Act. A school district | ||||||
7 | designated as a high-achieving district and awarded a | ||||||
8 | designation as a district of innovation shall have its | ||||||
9 | innovation plan approved for a 4-year period, renewable for | ||||||
10 | subsequent 4-year periods. | ||||||
11 | Section 35. Financial support for innovation planning. | ||||||
12 | Each school district and school board is authorized and | ||||||
13 | encouraged to seek and accept public and private gifts, grants, | ||||||
14 | and donations to offset the costs of developing and | ||||||
15 | implementing innovation plans and plans for creating districts | ||||||
16 | of innovation. | ||||||
17 | Section 40. District of innovation review, renewal, and | ||||||
18 | revocation. | ||||||
19 | (a) Regional superintendents of schools that hold | ||||||
20 | supervision and control over one or more districts of | ||||||
21 | innovation shall evaluate districts of innovation every 2 years | ||||||
22 | or, in the case of a high-achieving district, every 4 years. | ||||||
23 | The evaluation is to determine progress on goals articulated in | ||||||
24 | the school district's innovation plan and to assess |
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1 | implementation. The regional superintendent of schools shall | ||||||
2 | transmit the evaluation to the district of innovation and the | ||||||
3 | State Superintendent. | ||||||
4 | The review shall assess progress on specific goals related | ||||||
5 | to the following: | ||||||
6 | (1) All students in kindergarten are assessed for | ||||||
7 | readiness. | ||||||
8 | (2) Ninety percent or more third-grade students are | ||||||
9 | reading at or above grade level. | ||||||
10 | (3) Ninety percent or more fifth-grade students meet or | ||||||
11 | exceed expectations in mathematics. | ||||||
12 | (4) Ninety percent or more of ninth-grade students are | ||||||
13 | on track to graduate with their cohort. | ||||||
14 | (5) Ninety percent or more students graduate from high | ||||||
15 | school ready for college and a career. | ||||||
16 | (6) All students are supported by highly prepared and | ||||||
17 | effective teachers and school leaders. | ||||||
18 | (7) Every school offers a safe and healthy learning | ||||||
19 | environment for all students. | ||||||
20 | Reviews may include feedback collected from focus groups of | ||||||
21 | staff, students, and families, as well as community partners, | ||||||
22 | and a review of student work and exhibitions. | ||||||
23 | (b) Districts of innovation may seek renewal at the end of | ||||||
24 | the initial 2-year approval period or 4-year approval period in | ||||||
25 | the case of high-achieving districts. Requests for renewal | ||||||
26 | shall be made to the regional superintendents of schools that |
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1 | hold supervision and control over the district of innovation at | ||||||
2 | the time of the 2-year or 4-year review. Regional | ||||||
3 | superintendents of schools shall include the renewal request in | ||||||
4 | the evaluation transmitted to the district of innovation and | ||||||
5 | the State Superintendent. | ||||||
6 | The State Superintendent may grant renewal of a district of | ||||||
7 | innovation designation if sufficient progress has been made in | ||||||
8 | achieving the goals as prescribed in the innovation plan. | ||||||
9 | A district of innovation may submit amendments or revisions | ||||||
10 | to an existing innovation plan considered for renewal to the | ||||||
11 | regional superintendent of schools for certification and | ||||||
12 | transmittal to the State Superintendent for approval. If the | ||||||
13 | proposed changes make substantive changes to the innovation | ||||||
14 | plan, the initial approval process outlined in Section 20 of | ||||||
15 | this Act must be followed. | ||||||
16 | (c) The State Superintendent may revoke the district of | ||||||
17 | innovation designation if a district of innovation fails to | ||||||
18 | substantially fulfill the innovation plan, meet goals and | ||||||
19 | performance targets, or comply with applicable laws or rules. | ||||||
20 | The State Superintendent shall notify a district of | ||||||
21 | innovation of a decision to revoke the school district's | ||||||
22 | district of innovation designation within 15 days after such | ||||||
23 | decision. The State Superintendent shall communicate the | ||||||
24 | reasons for the revocation to the school district. The | ||||||
25 | innovation committee may amend and resubmit the innovation plan | ||||||
26 | to begin the process described in Section 30 of this Act. |
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1 | Section 80. Reporting. The State Board of Education shall | ||||||
2 | submit a report to the Governor and General Assembly regarding | ||||||
3 | the participation and outcomes of this Act on or before | ||||||
4 | December 15, 2019 and annually on or before December 15 | ||||||
5 | thereafter. A comprehensive report that includes measurements | ||||||
6 | of demonstrated student achievement and college and career | ||||||
7 | readiness in districts of innovation shall be submitted to the | ||||||
8 | Governor and General Assembly on or before December 15, 2025. | ||||||
9 | Districts of innovation must provide any and all data | ||||||
10 | requested by the State Board of Education to generate reports | ||||||
11 | under this Section. | ||||||
12 | Section 85. Rules. The State Board of Education may adopt | ||||||
13 | rules as necessary to implement this Act. | ||||||
14 | Section 90. The School Code is amended by changing Section | ||||||
15 | 2-3.25g as follows: | ||||||
16 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||
17 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||
18 | School
Code and administrative rules and regulations. | ||||||
19 | (a) In this Section: | ||||||
20 | "Board" means a school board or the governing board or | ||||||
21 | administrative district, as the case may be, for a joint | ||||||
22 | agreement. |
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1 | "Eligible applicant" means a school district, joint | ||||||
2 | agreement made up of school districts, or regional | ||||||
3 | superintendent of schools on behalf of schools and programs | ||||||
4 | operated by the regional office of education.
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5 | "Implementation date" has the meaning set forth in | ||||||
6 | Section 24A-2.5 of this Code. | ||||||
7 | "State Board" means the State Board of Education.
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8 | (b) Notwithstanding any other
provisions of this School | ||||||
9 | Code or any other law of this State to the
contrary, eligible | ||||||
10 | applicants may petition the State Board of Education for the
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11 | waiver or modification of the mandates of this School Code or | ||||||
12 | of the
administrative rules and regulations promulgated by the | ||||||
13 | State Board of
Education. Waivers or modifications of | ||||||
14 | administrative rules and regulations
and modifications of | ||||||
15 | mandates of this School Code may be requested when an eligible | ||||||
16 | applicant demonstrates that it can address the intent of the | ||||||
17 | rule or
mandate in a more effective, efficient, or economical | ||||||
18 | manner or when necessary
to stimulate innovation or improve | ||||||
19 | student performance. Waivers of
mandates of
the School Code may | ||||||
20 | be requested when the waivers are necessary to stimulate
| ||||||
21 | innovation or improve student performance or when the applicant | ||||||
22 | demonstrates that it can address the intent of the mandate of | ||||||
23 | the School Code in a more effective, efficient, or economical | ||||||
24 | manner. Waivers may not be requested
from laws, rules, and | ||||||
25 | regulations pertaining to special education, teacher educator | ||||||
26 | licensure, teacher tenure and seniority, or Section 5-2.1 of |
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1 | this Code or from compliance with the Every Student Succeeds | ||||||
2 | Act (Public Law 114-95). Eligible applicants may not seek a | ||||||
3 | waiver or seek a modification of a mandate regarding the | ||||||
4 | requirements for (i) student performance data to be a | ||||||
5 | significant factor in teacher or principal evaluations or (ii) | ||||||
6 | teachers and principals to be rated using the 4 categories of | ||||||
7 | "excellent", "proficient", "needs improvement", or | ||||||
8 | "unsatisfactory". On September 1, 2014, any previously | ||||||
9 | authorized waiver or modification from such requirements shall | ||||||
10 | terminate. | ||||||
11 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
12 | policy, and any
Independent Authority established under | ||||||
13 | Section 2-3.25f-5 of this Code may submit an
application for a | ||||||
14 | waiver or modification authorized under this Section. Each
| ||||||
15 | application must include a written request by the eligible | ||||||
16 | applicant or
Independent Authority and must demonstrate that | ||||||
17 | the intent of the mandate can
be addressed in a more effective, | ||||||
18 | efficient, or economical manner
or be based
upon a specific | ||||||
19 | plan for improved student performance and school improvement.
| ||||||
20 | Any eligible applicant requesting a waiver or modification for | ||||||
21 | the reason that intent
of the mandate can be addressed in a | ||||||
22 | more economical manner shall include in
the application a | ||||||
23 | fiscal analysis showing current expenditures on the mandate
and | ||||||
24 | projected savings resulting from the waiver
or modification. | ||||||
25 | Applications
and plans developed by eligible applicants must be | ||||||
26 | approved by the board or regional superintendent of schools |
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| |||||||
1 | applying on behalf of schools or programs operated by the | ||||||
2 | regional office of education following a public hearing on the | ||||||
3 | application and plan and the
opportunity for the board or | ||||||
4 | regional superintendent to hear testimony from staff
directly | ||||||
5 | involved in
its implementation, parents, and students. The time | ||||||
6 | period for such testimony shall be separate from the time | ||||||
7 | period established by the eligible applicant for public comment | ||||||
8 | on other matters. | ||||||
9 | (c-5) If the applicant is a school district, then the | ||||||
10 | district shall post information that sets forth the time, date, | ||||||
11 | place, and general subject matter of the public hearing on its | ||||||
12 | Internet website at least 14 days prior to the hearing. If the | ||||||
13 | district is requesting to increase the fee charged for driver | ||||||
14 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
15 | the website information shall include the proposed amount of | ||||||
16 | the fee the district will request. All school districts must | ||||||
17 | publish a notice of the public hearing at least 7 days prior to | ||||||
18 | the hearing in a newspaper of general circulation within the | ||||||
19 | school district that sets forth the time, date, place, and | ||||||
20 | general subject matter of the hearing. Districts requesting to | ||||||
21 | increase the fee charged for driver education shall include in | ||||||
22 | the published notice the proposed amount of the fee the | ||||||
23 | district will request. If the applicant is a joint agreement or | ||||||
24 | regional superintendent, then the joint agreement or regional | ||||||
25 | superintendent shall post information that sets forth the time, | ||||||
26 | date, place, and general subject matter of the public hearing |
| |||||||
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1 | on its Internet website at least 14 days prior to the hearing. | ||||||
2 | If the joint agreement or regional superintendent is requesting | ||||||
3 | to increase the fee charged for driver education authorized | ||||||
4 | pursuant to Section 27-24.2 of this Code, the website | ||||||
5 | information shall include the proposed amount of the fee the | ||||||
6 | applicant will request. All joint agreements and regional | ||||||
7 | superintendents must publish a notice of the public hearing at | ||||||
8 | least 7 days prior to the hearing in a newspaper of general | ||||||
9 | circulation in each school district that is a member of the | ||||||
10 | joint agreement or that is served by the educational service | ||||||
11 | region that sets forth the time, date, place, and general | ||||||
12 | subject matter of the hearing, provided that a notice appearing | ||||||
13 | in a newspaper generally circulated in more than one school | ||||||
14 | district shall be deemed to fulfill this requirement with | ||||||
15 | respect to all of the affected districts. Joint agreements or | ||||||
16 | regional superintendents requesting to increase the fee | ||||||
17 | charged for driver education shall include in the published | ||||||
18 | notice the proposed amount of the fee the applicant will | ||||||
19 | request. The
eligible applicant must notify in writing the | ||||||
20 | affected exclusive collective
bargaining agent and those State | ||||||
21 | legislators representing the eligible applicant's territory of
| ||||||
22 | its
intent to seek approval of a
waiver or
modification and of | ||||||
23 | the hearing to be held to take testimony from staff.
The | ||||||
24 | affected exclusive collective bargaining agents shall be | ||||||
25 | notified of such
public hearing at least 7 days prior to the | ||||||
26 | date of the hearing and shall be
allowed to attend
such public |
| |||||||
| |||||||
1 | hearing. The eligible applicant shall attest to compliance with | ||||||
2 | all of
the notification and procedural requirements set forth | ||||||
3 | in this Section. | ||||||
4 | (d) A request for a waiver or modification of | ||||||
5 | administrative rules and
regulations or for a modification of | ||||||
6 | mandates contained in this School Code
shall be submitted to | ||||||
7 | the State Board of Education within 15 days after
approval by | ||||||
8 | the board or regional superintendent of schools. The | ||||||
9 | application as submitted to the
State Board of Education shall | ||||||
10 | include a description of the public hearing.
Following receipt | ||||||
11 | of the waiver or modification request, the
State Board shall | ||||||
12 | have 45 days to review the application and request. If the
| ||||||
13 | State Board fails to disapprove the application within that 45 | ||||||
14 | day period, the
waiver or modification shall be deemed granted. | ||||||
15 | The State Board
may disapprove
any request if it is not based | ||||||
16 | upon sound educational practices, endangers the
health or | ||||||
17 | safety of students or staff, compromises equal opportunities | ||||||
18 | for
learning, or fails to demonstrate that the intent of the | ||||||
19 | rule or mandate can be
addressed in a more effective, | ||||||
20 | efficient, or economical manner or have improved
student | ||||||
21 | performance as a primary goal. Any request disapproved by the | ||||||
22 | State
Board may be appealed to the General Assembly by the | ||||||
23 | eligible applicant
as outlined in this Section. | ||||||
24 | A request for a waiver from mandates contained in this | ||||||
25 | School Code shall be
submitted to the State Board within 15 | ||||||
26 | days after approval by the board or regional superintendent of |
| |||||||
| |||||||
1 | schools.
The application as submitted to the State Board of | ||||||
2 | Education
shall include a description of the public hearing. | ||||||
3 | The description shall
include, but need not be limited to, the | ||||||
4 | means of notice, the number of people
in attendance, the number | ||||||
5 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
6 | brief description of their comments, and whether there were any
| ||||||
7 | written statements submitted.
The State Board shall review the | ||||||
8 | applications and requests for
completeness and shall compile | ||||||
9 | the requests in reports to be filed with the
General Assembly. | ||||||
10 | The State Board shall file
reports outlining the waivers
| ||||||
11 | requested by eligible applicants
and appeals by eligible | ||||||
12 | applicants of requests
disapproved by the State Board with the | ||||||
13 | Senate and the House of
Representatives before each March 1 and
| ||||||
14 | October
1. | ||||||
15 | The report shall be reviewed by a panel of 4 members | ||||||
16 | consisting of: | ||||||
17 | (1) the Speaker of the House of Representatives; | ||||||
18 | (2) the Minority Leader of the House of | ||||||
19 | Representatives; | ||||||
20 | (3) the President of the Senate; and | ||||||
21 | (4) the Minority Leader of the Senate. | ||||||
22 | The State Board of Education may provide the panel | ||||||
23 | recommendations on waiver requests. The members of the panel | ||||||
24 | shall review the report submitted by the State Board of | ||||||
25 | Education and submit to the State Board of Education any notice | ||||||
26 | of further consideration to any waiver request within 14 days |
| |||||||
| |||||||
1 | after the member receives the report. If 3 or more of the panel | ||||||
2 | members submit a notice of further consideration to any waiver | ||||||
3 | request contained within the report, the State Board of | ||||||
4 | Education shall submit the waiver request to the General | ||||||
5 | Assembly for consideration. If less than 3 panel members submit | ||||||
6 | a notice of further consideration to a waiver request, the | ||||||
7 | waiver may be approved, denied, or modified by the State Board. | ||||||
8 | If the State Board does not act on a waiver request within 10 | ||||||
9 | days, then the waiver request is approved. If the waiver | ||||||
10 | request is denied by the State Board, it shall submit the | ||||||
11 | waiver request to the General Assembly for consideration. | ||||||
12 | The General Assembly may disapprove any waiver request | ||||||
13 | submitted to the General Assembly pursuant to this subsection | ||||||
14 | (d) in whole
or in part within 60 calendar days after each | ||||||
15 | house of the General Assembly
next
convenes after the waiver | ||||||
16 | request is submitted by adoption of a resolution by a record | ||||||
17 | vote
of the majority of members elected in each house. If the | ||||||
18 | General Assembly
fails to disapprove any waiver request or | ||||||
19 | appealed request within such 60
day period, the waiver or | ||||||
20 | modification shall be deemed granted. Any resolution
adopted by | ||||||
21 | the General Assembly disapproving a report of the State Board | ||||||
22 | in
whole or in part shall be binding on the State Board. | ||||||
23 | (e) An approved waiver or modification may remain in effect | ||||||
24 | for a period not to
exceed 5 school years and may be renewed | ||||||
25 | upon application by the
eligible applicant. However, such | ||||||
26 | waiver or modification may be changed within that
5-year period |
| |||||||
| |||||||
1 | by a board or regional superintendent of schools applying on | ||||||
2 | behalf of schools or programs operated by the regional office | ||||||
3 | of education following the procedure as set
forth in this | ||||||
4 | Section for the initial waiver or modification request. If
| ||||||
5 | neither the State Board of Education nor the General Assembly | ||||||
6 | disapproves, the
change is deemed granted. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) A district of innovation, as defined in the School | ||||||
9 | Districts of Innovation Act, is exempt from the waiver process | ||||||
10 | under this Section to the extent provided in subsection (g) of | ||||||
11 | Section 30 of the School Districts of Innovation Act. | ||||||
12 | (Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
|