100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5116

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25g  from Ch. 122, par. 2-3.25g
105 ILCS 5/10-20.21

    Amends the School Code. For school districts other than the Chicago school district (which already has similar provisions), provides that for a one-year period after the expiration of the term of a school board member or other termination of a school board member's service, (i) the former board member is not eligible for employment by the board, an attendance center, or any other subdivision or agent of the board or the school district governed by the board and (ii) the board and the chief purchasing officer may not let any contract for services, employment, or other work to the former board member or to any corporation, partnership, association, sole proprietorship, or other entity other than publicly traded companies from which the former board member receives an annual income, dividends, or other compensation in excess of $1,500. Provides that a waiver from mandates of the Code may not be requested from the provision. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25g and 10-20.21 as follows:
 
6    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
7    Sec. 2-3.25g. Waiver or modification of mandates within the
8School Code and administrative rules and regulations.
9    (a) In this Section:
10        "Board" means a school board or the governing board or
11    administrative district, as the case may be, for a joint
12    agreement.
13        "Eligible applicant" means a school district, joint
14    agreement made up of school districts, or regional
15    superintendent of schools on behalf of schools and programs
16    operated by the regional office of education.
17        "Implementation date" has the meaning set forth in
18    Section 24A-2.5 of this Code.
19        "State Board" means the State Board of Education.
20    (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

 

 

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance or when the applicant
11demonstrates that it can address the intent of the mandate of
12the School Code in a more effective, efficient, or economical
13manner. Waivers may not be requested from laws, rules, and
14regulations pertaining to special education, teacher educator
15licensure, teacher tenure and seniority, or Section 5-2.1 of
16this Code or from compliance with the Every Student Succeeds
17Act (Public Law 114-95). A waiver may not be requested from
18subsection (e) of Section 10-20.21 or Section 34-21.3 of this
19Code with regard to employment of a former school board member.
20Eligible applicants may not seek a waiver or seek a
21modification of a mandate regarding the requirements for (i)
22student performance data to be a significant factor in teacher
23or principal evaluations or (ii) teachers and principals to be
24rated using the 4 categories of "excellent", "proficient",
25"needs improvement", or "unsatisfactory". On September 1,
262014, any previously authorized waiver or modification from

 

 

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1such requirements shall terminate.
2    (c) Eligible applicants, as a matter of inherent managerial
3policy, and any Independent Authority established under
4Section 2-3.25f-5 of this Code may submit an application for a
5waiver or modification authorized under this Section. Each
6application must include a written request by the eligible
7applicant or Independent Authority and must demonstrate that
8the intent of the mandate can be addressed in a more effective,
9efficient, or economical manner or be based upon a specific
10plan for improved student performance and school improvement.
11Any eligible applicant requesting a waiver or modification for
12the reason that intent of the mandate can be addressed in a
13more economical manner shall include in the application a
14fiscal analysis showing current expenditures on the mandate and
15projected savings resulting from the waiver or modification.
16Applications and plans developed by eligible applicants must be
17approved by the board or regional superintendent of schools
18applying on behalf of schools or programs operated by the
19regional office of education following a public hearing on the
20application and plan and the opportunity for the board or
21regional superintendent to hear testimony from staff directly
22involved in its implementation, parents, and students. The time
23period for such testimony shall be separate from the time
24period established by the eligible applicant for public comment
25on other matters.
26    (c-5) If the applicant is a school district, then the

 

 

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1district shall post information that sets forth the time, date,
2place, and general subject matter of the public hearing on its
3Internet website at least 14 days prior to the hearing. If the
4district is requesting to increase the fee charged for driver
5education authorized pursuant to Section 27-24.2 of this Code,
6the website information shall include the proposed amount of
7the fee the district will request. All school districts must
8publish a notice of the public hearing at least 7 days prior to
9the hearing in a newspaper of general circulation within the
10school district that sets forth the time, date, place, and
11general subject matter of the hearing. Districts requesting to
12increase the fee charged for driver education shall include in
13the published notice the proposed amount of the fee the
14district will request. If the applicant is a joint agreement or
15regional superintendent, then the joint agreement or regional
16superintendent shall post information that sets forth the time,
17date, place, and general subject matter of the public hearing
18on its Internet website at least 14 days prior to the hearing.
19If the joint agreement or regional superintendent is requesting
20to increase the fee charged for driver education authorized
21pursuant to Section 27-24.2 of this Code, the website
22information shall include the proposed amount of the fee the
23applicant will request. All joint agreements and regional
24superintendents must publish a notice of the public hearing at
25least 7 days prior to the hearing in a newspaper of general
26circulation in each school district that is a member of the

 

 

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1joint agreement or that is served by the educational service
2region that sets forth the time, date, place, and general
3subject matter of the hearing, provided that a notice appearing
4in a newspaper generally circulated in more than one school
5district shall be deemed to fulfill this requirement with
6respect to all of the affected districts. Joint agreements or
7regional superintendents requesting to increase the fee
8charged for driver education shall include in the published
9notice the proposed amount of the fee the applicant will
10request. The eligible applicant must notify in writing the
11affected exclusive collective bargaining agent and those State
12legislators representing the eligible applicant's territory of
13its intent to seek approval of a waiver or modification and of
14the hearing to be held to take testimony from staff. The
15affected exclusive collective bargaining agents shall be
16notified of such public hearing at least 7 days prior to the
17date of the hearing and shall be allowed to attend such public
18hearing. The eligible applicant shall attest to compliance with
19all of the notification and procedural requirements set forth
20in this Section.
21    (d) A request for a waiver or modification of
22administrative rules and regulations or for a modification of
23mandates contained in this School Code shall be submitted to
24the State Board of Education within 15 days after approval by
25the board or regional superintendent of schools. The
26application as submitted to the State Board of Education shall

 

 

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1include a description of the public hearing. Following receipt
2of the waiver or modification request, the State Board shall
3have 45 days to review the application and request. If the
4State Board fails to disapprove the application within that 45
5day period, the waiver or modification shall be deemed granted.
6The State Board may disapprove any request if it is not based
7upon sound educational practices, endangers the health or
8safety of students or staff, compromises equal opportunities
9for learning, or fails to demonstrate that the intent of the
10rule or mandate can be addressed in a more effective,
11efficient, or economical manner or have improved student
12performance as a primary goal. Any request disapproved by the
13State Board may be appealed to the General Assembly by the
14eligible applicant as outlined in this Section.
15    A request for a waiver from mandates contained in this
16School Code shall be submitted to the State Board within 15
17days after approval by the board or regional superintendent of
18schools. The application as submitted to the State Board of
19Education shall include a description of the public hearing.
20The description shall include, but need not be limited to, the
21means of notice, the number of people in attendance, the number
22of people who spoke as proponents or opponents of the waiver, a
23brief description of their comments, and whether there were any
24written statements submitted. The State Board shall review the
25applications and requests for completeness and shall compile
26the requests in reports to be filed with the General Assembly.

 

 

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1The State Board shall file reports outlining the waivers
2requested by eligible applicants and appeals by eligible
3applicants of requests disapproved by the State Board with the
4Senate and the House of Representatives before each March 1 and
5October 1.
6    The report shall be reviewed by a panel of 4 members
7consisting of:
8        (1) the Speaker of the House of Representatives;
9        (2) the Minority Leader of the House of
10    Representatives;
11        (3) the President of the Senate; and
12        (4) the Minority Leader of the Senate.
13The State Board of Education may provide the panel
14recommendations on waiver requests. The members of the panel
15shall review the report submitted by the State Board of
16Education and submit to the State Board of Education any notice
17of further consideration to any waiver request within 14 days
18after the member receives the report. If 3 or more of the panel
19members submit a notice of further consideration to any waiver
20request contained within the report, the State Board of
21Education shall submit the waiver request to the General
22Assembly for consideration. If less than 3 panel members submit
23a notice of further consideration to a waiver request, the
24waiver may be approved, denied, or modified by the State Board.
25If the State Board does not act on a waiver request within 10
26days, then the waiver request is approved. If the waiver

 

 

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1request is denied by the State Board, it shall submit the
2waiver request to the General Assembly for consideration.
3    The General Assembly may disapprove any waiver request
4submitted to the General Assembly pursuant to this subsection
5(d) in whole or in part within 60 calendar days after each
6house of the General Assembly next convenes after the waiver
7request is submitted by adoption of a resolution by a record
8vote of the majority of members elected in each house. If the
9General Assembly fails to disapprove any waiver request or
10appealed request within such 60 day period, the waiver or
11modification shall be deemed granted. Any resolution adopted by
12the General Assembly disapproving a report of the State Board
13in whole or in part shall be binding on the State Board.
14    (e) An approved waiver or modification may remain in effect
15for a period not to exceed 5 school years and may be renewed
16upon application by the eligible applicant. However, such
17waiver or modification may be changed within that 5-year period
18by a board or regional superintendent of schools applying on
19behalf of schools or programs operated by the regional office
20of education following the procedure as set forth in this
21Section for the initial waiver or modification request. If
22neither the State Board of Education nor the General Assembly
23disapproves, the change is deemed granted.
24    (f) (Blank).
25(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
 

 

 

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1    (105 ILCS 5/10-20.21)
2    Sec. 10-20.21. Contracts.
3    (a) To award all contracts for purchase of supplies and
4materials or work involving an expenditure in excess of $25,000
5or a lower amount as required by board policy to the lowest
6responsible bidder, considering conformity with
7specifications, terms of delivery, quality and serviceability,
8after due advertisement, except the following: (i) contracts
9for the services of individuals possessing a high degree of
10professional skill where the ability or fitness of the
11individual plays an important part; (ii) contracts for the
12printing of finance committee reports and departmental
13reports; (iii) contracts for the printing or engraving of
14bonds, tax warrants and other evidences of indebtedness; (iv)
15contracts for the purchase of perishable foods and perishable
16beverages; (v) contracts for materials and work which have been
17awarded to the lowest responsible bidder after due
18advertisement, but due to unforeseen revisions, not the fault
19of the contractor for materials and work, must be revised
20causing expenditures not in excess of 10% of the contract
21price; (vi) contracts for the maintenance or servicing of, or
22provision of repair parts for, equipment which are made with
23the manufacturer or authorized service agent of that equipment
24where the provision of parts, maintenance, or servicing can
25best be performed by the manufacturer or authorized service
26agent; (vii) purchases and contracts for the use, purchase,

 

 

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1delivery, movement, or installation of data processing
2equipment, software, or services and telecommunications and
3interconnect equipment, software, and services; (viii)
4contracts for duplicating machines and supplies; (ix)
5contracts for the purchase of natural gas when the cost is less
6than that offered by a public utility; (x) purchases of
7equipment previously owned by some entity other than the
8district itself; (xi) contracts for repair, maintenance,
9remodeling, renovation, or construction, or a single project
10involving an expenditure not to exceed $50,000 and not
11involving a change or increase in the size, type, or extent of
12an existing facility; (xii) contracts for goods or services
13procured from another governmental agency; (xiii) contracts
14for goods or services which are economically procurable from
15only one source, such as for the purchase of magazines, books,
16periodicals, pamphlets and reports, and for utility services
17such as water, light, heat, telephone or telegraph; (xiv) where
18funds are expended in an emergency and such emergency
19expenditure is approved by 3/4 of the members of the board;
20(xv) State master contracts authorized under Article 28A of
21this Code; and (xvi) contracts providing for the transportation
22of pupils, which contracts must be advertised in the same
23manner as competitive bids and awarded by first considering the
24bidder or bidders most able to provide safety and comfort for
25the pupils, stability of service, and any other factors set
26forth in the request for proposal regarding quality of service,

 

 

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1and then price. However, at no time shall a cause of action lie
2against a school board for awarding a pupil transportation
3contract per the standards set forth in this subsection (a)
4unless the cause of action is based on fraudulent conduct.
5    All competitive bids for contracts involving an
6expenditure in excess of $25,000 or a lower amount as required
7by board policy must be sealed by the bidder and must be opened
8by a member or employee of the school board at a public bid
9opening at which the contents of the bids must be announced.
10Each bidder must receive at least 3 days' notice of the time
11and place of the bid opening. For purposes of this Section due
12advertisement includes, but is not limited to, at least one
13public notice at least 10 days before the bid date in a
14newspaper published in the district, or if no newspaper is
15published in the district, in a newspaper of general
16circulation in the area of the district. State master contracts
17and certified education purchasing contracts, as defined in
18Article 28A of this Code, are not subject to the requirements
19of this paragraph.
20    Under this Section, the acceptance of bids sealed by a
21bidder and the opening of these bids at a public bid opening
22may be permitted by an electronic process for communicating,
23accepting, and opening competitive bids. However, bids for
24construction purposes are prohibited from being communicated,
25accepted, or opened electronically. An electronic bidding
26process must provide for, but is not limited to, the following

 

 

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1safeguards:
2        (1) On the date and time certain of a bid opening, the
3    primary person conducting the competitive, sealed,
4    electronic bid process shall log onto a specified database
5    using a unique username and password previously assigned to
6    the bidder to allow access to the bidder's specific bid
7    project number.
8        (2) The specified electronic database must be on a
9    network that (i) is in a secure environment behind a
10    firewall; (ii) has specific encryption tools; (iii)
11    maintains specific intrusion detection systems; (iv) has
12    redundant systems architecture with data storage back-up,
13    whether by compact disc or tape; and (v) maintains a
14    disaster recovery plan.
15It is the legislative intent of Public Act 96-841 to maintain
16the integrity of the sealed bidding process provided for in
17this Section, to further limit any possibility of bid-rigging,
18to reduce administrative costs to school districts, and to
19effect efficiencies in communications with bidders.
20    (b) To require, as a condition of any contract for goods
21and services, that persons bidding for and awarded a contract
22and all affiliates of the person collect and remit Illinois Use
23Tax on all sales of tangible personal property into the State
24of Illinois in accordance with the provisions of the Illinois
25Use Tax Act regardless of whether the person or affiliate is a
26"retailer maintaining a place of business within this State" as

 

 

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1defined in Section 2 of the Use Tax Act. For purposes of this
2Section, the term "affiliate" means any entity that (1)
3directly, indirectly, or constructively controls another
4entity, (2) is directly, indirectly, or constructively
5controlled by another entity, or (3) is subject to the control
6of a common entity. For purposes of this subsection (b), an
7entity controls another entity if it owns, directly or
8individually, more than 10% of the voting securities of that
9entity. As used in this subsection (b), the term "voting
10security" means a security that (1) confers upon the holder the
11right to vote for the election of members of the board of
12directors or similar governing body of the business or (2) is
13convertible into, or entitles the holder to receive upon its
14exercise, a security that confers such a right to vote. A
15general partnership interest is a voting security.
16    To require that bids and contracts include a certification
17by the bidder or contractor that the bidder or contractor is
18not barred from bidding for or entering into a contract under
19this Section and that the bidder or contractor acknowledges
20that the school board may declare the contract void if the
21certification completed pursuant to this subsection (b) is
22false.
23    (b-5) To require all contracts and agreements that pertain
24to goods and services and that are intended to generate
25additional revenue and other remunerations for the school
26district in excess of $1,000, including without limitation

 

 

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1vending machine contracts, sports and other attire, class
2rings, and photographic services, to be approved by the school
3board. The school board shall file as an attachment to its
4annual budget a report, in a form as determined by the State
5Board of Education, indicating for the prior year the name of
6the vendor, the product or service provided, and the actual net
7revenue and non-monetary remuneration from each of the
8contracts or agreements. In addition, the report shall indicate
9for what purpose the revenue was used and how and to whom the
10non-monetary remuneration was distributed.
11    (b-10) To prohibit any contract to purchase food with a
12bidder or offeror if the bidder's or offeror's contract terms
13prohibit the school from donating food to food banks,
14including, but not limited to, homeless shelters, food
15pantries, and soup kitchens.
16    (c) If the State education purchasing entity creates a
17master contract as defined in Article 28A of this Code, then
18the State education purchasing entity shall notify school
19districts of the existence of the master contract.
20    (d) In purchasing supplies, materials, equipment, or
21services that are not subject to subsection (c) of this
22Section, before a school district solicits bids or awards a
23contract, the district may review and consider as a bid under
24subsection (a) of this Section certified education purchasing
25contracts that are already available through the State
26education purchasing entity.

 

 

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1    (e) For a one-year period after the expiration of the term
2of a school board member or other termination of a school board
3member's service, (i) the former board member is not eligible
4for employment by the board, an attendance center, or any other
5subdivision or agent of the board or the school district
6governed by the board and (ii) the board and the chief
7purchasing officer may not let or delegate authority to let any
8contract for services, employment, or other work to the former
9board member or to any corporation, partnership, association,
10sole proprietorship, or other entity other than publicly traded
11companies from which the former board member receives an annual
12income, dividends, or other compensation in excess of $1,500.
13Any contract that is entered into by or under a delegation of
14authority from the board or the chief purchasing officer shall
15contain a provision stating that the contract is not legally
16binding on the board if entered into in violation of this
17subsection (e).
18(Source: P.A. 99-552, eff. 7-15-16.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.