102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5122

 

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-94 new

    Amends the School Code. Defines terms. Provides that no school district is obligated to comply with any mandate in any school year in which the school district is designated as a Tier 3 or Tier 4 organizational unit with specified exceptions. Provides that before discontinuing or modifying a mandate, the school district shall conduct a public hearing separate of a regular school board meeting. Provides notice requirements for the public hearing. Provides that the discontinuation and modification of a mandate shall not be more than 5 years and while the school district is still designated as either Tier 3 or Tier 4. Provides that the voters of a school district may submit a petition to place a question on the ballot at the next regularly scheduled election to discontinue or modify a mandate. Provides that no school district that discontinues or modifies a mandate shall be limited in their authority to participate in interscholastic athletics or activities or any other extracurricular events. Effective July 1, 2022.


LRB102 24086 RJT 33309 b

 

 

A BILL FOR

 

HB5122LRB102 24086 RJT 33309 b

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 adding Section
522-94 as follows:
 
6    (105 ILCS 5/22-94 new)
7    Sec. 22-94. School district mandates compliance.
8    (a) Definitions. For purposes of this Section only:
9    "School district" means any public school district that is
10designated by the State Board as a Tier 3 or Tier 4
11organizational unit as defined by Section 18-8.15 of this Code
12for a particular school year.
13    "Mandate" means any provision of the School Code or any
14rule adopted by the State Board through authority given to the
15State Board in the School Code.
16    (b) Beginning with the 2022-2023 school year, no school
17district is obligated to comply with any mandate in any school
18year in which the school district is designated as a Tier 3 or
19Tier 4 organizational unit, except that a school district
20shall not discontinue or modify any mandate pertaining to
21special education, teacher educator licensure, teacher tenure
22and seniority, Section 5-2.1 of this Code, any law, rule, or
23regulation governed by the federal Every Student Succeeds Act,

 

 

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1and any requirement for (i) student performance data to be a
2significant factor in teacher or principal evaluations or (ii)
3teachers and principals to be rated using the 4 categories of
4"excellent", "proficient", "needs improvement", or
5"unsatisfactory".
6    (c) Before discontinuing or modifying a mandate under this
7Section, the school district shall conduct a public hearing
8separate of a regular school board meeting. At least 14 days
9prior to the public hearing, the school board shall post on its
10website information that sets forth the time, date, place, the
11list of mandates to be discontinued or modified, and the time
12period for the discontinuation or modification of the mandate,
13which shall not be more than 5 school years. The school board
14shall also give notice to the overseeing regional
15superintendent of schools, the exclusive collective bargaining
16agent, and the president of any parent-teacher associations
17for the school or schools affected by the discontinuation or
18modification of the mandate. At the discretion of the school
19board, if more than one mandate is to be discontinued or
20modified, each mandate may be considered during a single
21public hearing or during separate public hearings if the
22posting requirement in this subsection is satisfied. At the
23public hearing, the school board shall allow for testimony
24from members of the public and school personnel. At the next
25regularly-scheduled school board meeting, the school board may
26take a vote to discontinue or modify the mandates discussed

 

 

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1during the public hearing. Upon approval, the discontinuation
2or modification of a mandate shall be valid for a time period
3as described by the school board so long as the time period is
4no more than 5 school years and the school district remains
5designated as a Tier 3 or Tier 4 organizational unit. A school
6board may revisit the discontinuation or modification of a
7mandate at any time following approval and may extend the
8discontinuation or modification after the time period has
9lapsed for initial approval so long as the school board
10initiates the public hearing process described in this
11subsection (c).
12    (d) In addition to the process described in subsection
13(c), in accordance with the Election Code, the voters of a
14school district may submit a petition to place a question on
15the ballot at the next regularly scheduled election to
16discontinue or modify a mandate. The petition may not seek to
17discontinue or modify a mandate under this Section for more
18than 5 years and the discontinuation or modification of the
19mandate may be valid so long as the school district remains
20designated as a Tier 3 or Tier 4 organizational unit under
21Section 18-8.15 of this Code.
22    The question shall be placed on the ballot by the
23appropriate election authority in accordance with the Election
24Code if the petition is signed by no less than 5% of the
25electors voting in the school district's last regularly
26scheduled school board election.

 

 

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1    At least 2 weeks prior to any voting beginning for the
2election in which the question will be submitted to the
3voters, notice shall be provided in a newspaper of general
4circulation covering the school district that describes the
5mandate that will be discontinued or modified. Notice shall be
6provided by the party or parties that submitted the petition
7to the appropriate election authority, and the election
8authority must notified the party or parties of the notice
9requirement upon submitting the party or parties submitting
10the petition.
11    The election authority must submit the question in
12substantially the following form:
13    "Shall (school district name and number) discontinue or
14modify the following State-initiated mandate (describe
15mandate) for the time period of (describe time period) so long
16as the school district remains designated as a Tier 3 or Tier 4
17organizational unit under Section 18-8.15 of the Illinois
18School Code?"
19    The election authority must record the votes as "Yes" or
20"No."
21    If a majority of the electors voting on the question vote
22in the affirmative, then the school district shall discontinue
23or modify the mandate for the time period described in the
24ballot question.
25    (e) No school district that discontinues or modifies a
26mandate under this Section shall be limited in their authority

 

 

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1to participate in interscholastic athletics or activities or
2any other extracurricular events.
 
3    Section 99. Effective date. This Act takes effect July 1,
42022.