093_SB0206eng SB206 Engrossed LRB093 07441 NHT 07605 b 1 AN ACT regarding schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 2-3.25g 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 8 the School Code and administrative rules and regulations. 9 Notwithstanding any other provisions of this School Code or 10 any other law of this State to the contrary, school districts 11 may petition the State Board of Education for the waiver or 12 modification of the mandates of this School Code or of the 13 administrative rules and regulations promulgated by the State 14 Board of Education. Waivers or modifications of 15 administrative rules and regulations and modifications of 16 mandates of this School Code may be requested when a school 17 district demonstrates that it can address the intent of the 18 rule or mandate in a more effective, efficient, or economical 19 manner or when necessary to stimulate innovation or improve 20 student performance. Waivers of mandates of the School Code 21 may be requested when the waivers are necessary to stimulate 22 innovation or improve student performance. Waivers may not 23 be requested from laws, rules, and regulations pertaining to 24 special education, teacher certification, or teacher tenure 25 and seniority. 26 School districts, as a matter of inherent managerial 27 policy, and any Independent Authority established under 28 Section 2-3.25f may submit an application for a waiver or 29 modification authorized under this Section. Each application 30 must include a written request by the school district or 31 Independent Authority and must demonstrate that the intent of SB206 Engrossed -2- LRB093 07441 NHT 07605 b 1 the mandate can be addressed in a more effective, efficient, 2 or economical manner or be based upon a specific plan for 3 improved student performance and school improvement. Any 4 district requesting a waiver or modification for the reason 5 that intent of the mandate can be addressed in a more 6 economical manner shall include in the application a fiscal 7 analysis showing current expenditures on the mandate and 8 projected savings resulting from the waiver or modification. 9 Applications and plans developed by school districts must be 10 approved by each board of education following a public 11 hearing on the application and plan and the opportunity for 12 the board to hear testimony from educators directly involved 13 in its implementation, parents, and students. Such public 14 hearing shall be held on a day other than the day on which a 15 regular meeting of the board is held. The public hearing 16 must be preceded by at least one published notice occurring 17 at least 7 days prior to the hearing in a newspaper of 18 general circulation within the school district that sets 19 forth the time, date, place, and general subject matter of 20 the hearing. The school district must notify in writing the 21 affected exclusive collective bargaining agent and those 22 State legislators representing the district holding the 23 public hearing of the district's intent to seek approval of a 24 waiver or modification and of the hearing to be held to take 25 testimony from educators. The affected exclusive collective 26 bargaining agents shall be notified of such public hearing at 27 least 7 days prior to the date of the hearing and shall be 28 allowed to attend such public hearing. The district shall 29 attest to compliance with all of the notification and 30 procedural requirements set forth in this Section. 31 A request for a waiver or modification of administrative 32 rules and regulations or for a modification of mandates 33 contained in this School Code shall be submitted to the State 34 Board of Education within 15 days after approval by the board SB206 Engrossed -3- LRB093 07441 NHT 07605 b 1 of education. The application as submitted to the State 2 Board of Education shall include a description of the public 3 hearing. Following receipt of the request, the State Board 4 shall have 45 days to review the application and request. If 5 the State Board fails to disapprove the application within 6 that 45 day period, the waiver or modification shall be 7 deemed granted. The State Board may disapprove any request 8 if it is not based upon sound educational practices, 9 endangers the health or safety of students or staff, 10 compromises equal opportunities for learning, or fails to 11 demonstrate that the intent of the rule or mandate can be 12 addressed in a more effective, efficient, or economical 13 manner or have improved student performance as a primary 14 goal. Any request disapproved by the State Board may be 15 appealed to the General Assembly by the requesting school 16 district as outlined in this Section. 17 A request for a waiver from mandates contained in this 18 School Code shall be submitted to the State Board within 15 19 days after approval by the board of education. The 20 application as submitted to the State Board of Education 21 shall include a description of the public hearing. The 22 description shall include, but need not be limited to, the 23 means of notice, the number of people in attendance, the 24 number of people who spoke as proponents or opponents of the 25 waiver, a brief description of their comments, and whether 26 there were any written statements submitted. The State Board 27 shall review the applications and requests for completeness 28 and shall compile the requests in reports to be filed with 29 the General Assembly. The State Board shall file reports 30 outlining the waivers requested by school districts and 31 appeals by school districts of requests disapproved by the 32 State Board with the Senate and the House of Representatives 33 before each May 1 and October 1. The General Assembly may 34 disapprove the report of the State Board in whole or in part SB206 Engrossed -4- LRB093 07441 NHT 07605 b 1 within 30 calendar days after each house of the General 2 Assembly next convenes after the report is filed by adoption 3 of a resolution by a record vote of the majority of members 4 elected in each house. If the General Assembly fails to 5 disapprove any waiver request or appealed request within such 6 30 day period, the waiver or modification shall be deemed 7 granted. Any resolution adopted by the General Assembly 8 disapproving a report of the State Board in whole or in part 9 shall be binding on the State Board. 10 An approved waiver or modification may remain in effect 11 for a period not to exceed 5 school years and may be renewed 12 upon application by the school district. However, such waiver 13 or modification may be changed within that 5-year period by a 14 local school district board following the procedure as set 15 forth in this Section for the initial waiver or modification 16 request. If neither the State Board of Education nor the 17 General Assembly disapproves, the change is deemed granted. 18 On or before February 1, 1998, and each year thereafter, 19 the State Board of Education shall submit a cumulative report 20 summarizing all types of waiver mandates and modifications of 21 mandates granted by the State Board or the General Assembly. 22 The report shall identify the topic of the waiver along with 23 the number and percentage of school districts for which the 24 waiver has been granted. The report shall also include any 25 recommendations from the State Board regarding the repeal or 26 modification of waived mandates. 27 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62, 28 eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.