Illinois General Assembly - Full Text of HB1906
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Full Text of HB1906  102nd General Assembly

HB1906 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1906

 

Introduced 2/17/2021, by Rep. Deanne M. Mazzochi, Thomas M. Bennett and Chris Miller

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-60

    Amends the School Code. Until July 1, 2031, provides that a school district is relieved from the requirement to establish and implement certain unfunded mandates for a period of up to 5 years if specified conditions are met. In a provision that prohibits certain unfunded mandates, provides that the provision does not allow a school district or private school to discontinue or modify any law, rule, or regulation pertaining to special education, teacher educator licensure, teacher tenure and seniority, or voter eligibility; to fail to comply with the federal Every Student Succeeds Act; or to discontinue or modify any requirement for student performance data to be a significant factor in teacher or principal evaluations or teachers and principals to be rated using specified categories. Requires a public hearing before discontinuing or modifying a mandate. Sets forth notice procedures and a review process. Provides that if the provisions prohibiting certain unfunded mandates conflict with the State Mandates Act, the provisions prohibiting certain unfunded mandates (instead of the State Mandates Act) shall prevail. Effective July 1, 2021.


LRB102 04301 CMG 14319 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1906LRB102 04301 CMG 14319 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 changing Section
522-60 as follows:
 
6    (105 ILCS 5/22-60)
7    Sec. 22-60. Unfunded mandates prohibited.
8    (I) This subsection (I) applies before July 1, 2031.
9        (a) No public school district or private school is
10    obligated to comply with the following types of mandates
11    unless a separate appropriation, excluding funds
12    appropriated under Section 18-8.15 of this Code, has been
13    enacted into law providing full funding for the mandate
14    for the school year in which the mandate is initially
15    discontinued or modified:
16            (1) Any mandate in this Code enacted after August
17        20, 2010 (the effective date of Public Act 96-1441).
18            (2) Any regulatory mandate promulgated by the
19        State Board of Education and adopted by rule after
20        August 20, 2010 (the effective date of Public Act
21        96-1441) other than those promulgated with respect to
22        this Section or statutes already enacted on or before
23        August 20, 2010 (the effective date of Public Act

 

 

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1        96-1441).
2        (b) If the amount appropriated to fund a mandate
3    described in paragraph (a) of this subsection (I) does not
4    fully fund the mandated activity, then the school district
5    or private school may choose to discontinue or modify the
6    mandated activity to ensure that the costs of compliance
7    do not exceed the funding received.
8        This Section does not allow a school district or
9    private school to discontinue or modify any law, rule, or
10    regulation pertaining to special education, teacher
11    educator licensure, teacher tenure and seniority, or
12    Section 5-2.1 of this Code or to fail to comply with the
13    federal Every Student Succeeds Act (Public Law 114-95). A
14    school district or private school may not discontinue or
15    modify any requirement for (i) student performance data to
16    be a significant factor in teacher or principal
17    evaluations or (ii) teachers and principals to be rated
18    using the 4 categories of "excellent", "proficient",
19    "needs improvement", or "unsatisfactory".
20        Before discontinuing or modifying the mandate, a
21    school board shall conduct a public hearing. At least 14
22    days prior to the public hearing, the school board shall
23    post on its website information that sets forth the time,
24    date, place, list of mandates to be discontinued or
25    modified, and time period for the discontinuation or
26    modification. The time period for seeking relief shall not

 

 

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1    exceed 5 years from the date of decision by the school
2    board.
3        The school board shall also give notice to the
4    overseeing regional superintendent of schools, the
5    exclusive collective bargaining agent, and the president
6    of any parent-teacher associations for the school or
7    schools affected by the mandate. At the discretion of the
8    school board, if more than one mandate is to be
9    discontinued or modified, each mandate may be considered
10    during a single public hearing or during separate hearings
11    if the posting requirements in this paragraph (b) are
12    satisfied.
13        The school board must also give notice, in the school
14    board's agenda, about the decision to discontinue or
15    modify the mandate at 2 successive school board meetings
16    held at least 13 days after the public hearing, but not
17    more than 60 days apart or more than 60 days after the
18    public hearing. The school board may take public testimony
19    about the proposal to discontinue or modify the mandate.
20    The school board shall vote to approve or deny the
21    decision to discontinue or modify each mandate or group of
22    mandates.
23        The school board shall set forth its reasons for
24    discontinuing or modifying the mandate or mandates in
25    writing and shall submit such findings within 30 days to
26    the regional superintendent, the exclusive collective

 

 

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1    bargaining agent, and, if applicable, the president of any
2    parent-teacher association associated with the impacted
3    school or schools.
4        The regional superintendent of schools shall review
5    the findings. In accordance with the Open Meetings Act, he
6    or she may convene a public hearing to hear testimony from
7    the school district and interested community members. The
8    regional superintendent shall, within 30 days, inform the
9    school district of any objections to the discontinuation
10    or modification in writing. The objections must be limited
11    to: (i) proof of full funding by State appropriation,
12    separate of funds appropriated under Section 18-8.15 of
13    this Code; (ii) for curriculum mandates, an identification
14    of learning resources that are readily available to the
15    school at no cost; (iii) for programming mandates, that
16    resources are readily available to the school at no cost;
17    or (iv) that the mandate relief sought will adversely
18    change the health, life, safety, or well-being of the
19    students involved. The regional superintendent must also
20    send notification to the State Board of Education
21    detailing which school districts requested an exemption or
22    modification and any objections from the regional
23    superintendent.
24        Unless the regional superintendent denies the
25    exemption, then the school district is relieved from the
26    requirement to establish and implement the mandate in the

 

 

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1    school or schools granted an exemption for the time period
2    in the published notice, which period shall not exceed 5
3    years from the date of the school board's decision. The
4    school district or a resident of the school district may
5    appeal the decision of the regional superintendent to the
6    State Superintendent of Education within 30 calendar days.
7    The State Superintendent shall determine no later than 30
8    calendar days from the date of receipt of the appeal
9    whether to approve or disapprove the discontinuation or
10    modification of the mandate. The State Superintendent
11    shall issue a final decision within 30 calendar days.
12    Unless the State Superintendent denies the exemption, then
13    the school district is relieved from the requirement to
14    implement a mandate for the time period in the published
15    notice, which period shall not exceed 5 years from the
16    date of the school board's decision. If the State
17    Superintendent objects to an exemption, then the school
18    district shall implement the mandate in accordance with
19    the applicable law or rule by the first student attendance
20    day of the next school year.
21        If a school district or private school discontinues or
22    modifies a mandated activity due to lack of full funding
23    from the State, then the school district or private school
24    shall annually maintain and update a list of discontinued
25    or modified mandated activities. The list shall be
26    provided to the State Board of Education upon request and

 

 

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1    the General Assembly members representing the school
2    district of the impacted school or schools upon request.
3        (c) In any instances in which this Section conflicts
4    with the State Mandates Act, this Section shall prevail.
5    (II) This subsection (II) applies on and after July 1,
62031.
7        (a) No public school district or private school is
8    obligated to comply with the following types of mandates
9    unless a separate appropriation has been enacted into law
10    providing full funding for the mandate for the school year
11    during which the mandate is required:
12            (1) Any mandate in this Code enacted after August
13        20, 2010 (the effective date of Public Act 96-1441)
14        this amendatory Act of the 96th General Assembly.
15            (2) Any regulatory mandate promulgated by the
16        State Board of Education and adopted by rule after
17        August 20, 2010 (the effective date of Public Act
18        96-1441) this amendatory Act of the 96th General
19        Assembly other than those promulgated with respect to
20        this Section or statutes already enacted on or before
21        August 20, 2010 (the effective date of Public Act
22        96-1441) this amendatory Act of the 96th General
23        Assembly.
24        (b) If the amount appropriated to fund a mandate
25    described in paragraph subsection (a) of this subsection
26    (II) this Section does not fully fund the mandated

 

 

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1    activity, then the school district or private school may
2    choose to discontinue or modify the mandated activity to
3    ensure that the costs of compliance do not exceed the
4    funding received.
5        Before discontinuing or modifying the mandate, the
6    school district shall petition its regional superintendent
7    of schools on or before February 15 of each year to request
8    to be exempt from implementing the mandate in a school or
9    schools in the next school year. The petition shall
10    include all legitimate costs associated with implementing
11    and operating the mandate, the estimated reimbursement
12    from State and federal sources, and any unique
13    circumstances the school district can verify that exist
14    that would cause the implementation and operation of such
15    a mandate to be cost prohibitive.
16        The regional superintendent of schools shall review
17    the petition. In accordance with the Open Meetings Act, he
18    or she shall convene a public hearing to hear testimony
19    from the school district and interested community members.
20    The regional superintendent shall, on or before March 15
21    of each year, inform the school district of his or her
22    decision, along with the reasons why the exemption was
23    granted or denied, in writing. The regional superintendent
24    must also send notification to the State Board of
25    Education detailing which school districts requested an
26    exemption and the results.

 

 

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1        If the regional superintendent grants an exemption to
2    the school district, then the school district is relieved
3    from the requirement to establish and implement the
4    mandate in the school or schools granted an exemption for
5    the next school year. If the regional superintendent of
6    schools does not grant an exemption, then the school
7    district shall implement the mandate in accordance with
8    the applicable law or rule by the first student attendance
9    day of the next school year. However, the school district
10    or a resident of the school district may on or before April
11    15 appeal the decision of the regional superintendent to
12    the State Superintendent of Education. The State
13    Superintendent shall hear appeals on the decisions of
14    regional superintendents of schools no later than May 15
15    of each year. The State Superintendent shall make a final
16    decision at the conclusion of the hearing on the school
17    district's request for an exemption from the mandate. If
18    the State Superintendent grants an exemption, then the
19    school district is relieved from the requirement to
20    implement a mandate in the school or schools granted an
21    exemption for the next school year. If the State
22    Superintendent does not grant an exemption, then the
23    school district shall implement the mandate in accordance
24    with the applicable law or rule by the first student
25    attendance day of the next school year.
26        If a school district or private school discontinues or

 

 

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1    modifies a mandated activity due to lack of full funding
2    from the State, then the school district or private school
3    shall annually maintain and update a list of discontinued
4    or modified mandated activities. The list shall be
5    provided to the State Board of Education upon request.
6        (c) This Section does not apply to (i) any new
7    statutory or regulatory mandates related to revised
8    learning standards developed through the Common Core State
9    Standards Initiative and assessments developed to align
10    with those standards or actions specified in this State's
11    Phase 2 Race to the Top Grant application if the
12    application is approved by the United States Department of
13    Education or (ii) new statutory or regulatory mandates
14    from the Race to the Top Grant through the federal
15    American Recovery and Reinvestment Act of 2009 imposed on
16    school districts designated as being in the lowest
17    performing 5% of schools within the Race to the Top Grant
18    application.
19        (d) In any instances in which this Section conflicts
20    with the State Mandates Act, the State Mandates Act shall
21    prevail.
22(Source: P.A. 96-1441, eff. 8-20-10.)
 
23    Section 99. Effective date. This Act takes effect July 1,
242021.