Full Text of SB1493 94th General Assembly
SB1493ham001 94TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 5/24/2005
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09400SB1493ham001 |
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LRB094 11113 RAS 46778 a |
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| AMENDMENT TO SENATE BILL 1493
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| AMENDMENT NO. ______. Amend Senate Bill 1493 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 2-3.25g and 5-2.1 and by adding Section 5-1b as follows:
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| (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
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| Sec. 2-3.25g. Waiver or modification of mandates within the | 8 |
| School
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.
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| "State Board" means the State Board of Education.
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| (b) Notwithstanding any other
provisions of this School | 19 |
| Code or any other law of this State to the
contrary, eligible | 20 |
| applicants may petition the State Board of Education for the
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| waiver or modification of the mandates of this School Code or | 22 |
| of the
administrative rules and regulations promulgated by the | 23 |
| State Board of
Education. Waivers or modifications of | 24 |
| administrative rules and regulations
and modifications of |
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| mandates of this School Code may be requested when an eligible | 2 |
| applicant demonstrates that it can address the intent of the | 3 |
| rule or
mandate in a more effective, efficient, or economical | 4 |
| manner or when necessary
to stimulate innovation or improve | 5 |
| student performance. Waivers of
mandates of
the School Code may | 6 |
| be requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be | 8 |
| requested
from laws, rules, and regulations pertaining to | 9 |
| special education, teacher
certification, or teacher tenure | 10 |
| and seniority , or Section 5-2.1 of this Code or from compliance | 11 |
| with the No
Child Left Behind Act of 2001 (Public Law 107-110).
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| (c) Eligible applicants, as a matter of inherent managerial | 13 |
| policy, and any
Independent Authority established under | 14 |
| Section 2-3.25f may submit an
application for a waiver or | 15 |
| modification authorized under this Section. Each
application | 16 |
| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of | 18 |
| the mandate can
be addressed in a more effective, efficient, or | 19 |
| economical manner
or be based
upon a specific plan for improved | 20 |
| student performance and school improvement.
Any eligible | 21 |
| applicant requesting a waiver or modification for the reason | 22 |
| that intent
of the mandate can be addressed in a more | 23 |
| economical manner shall include in
the application a fiscal | 24 |
| analysis showing current expenditures on the mandate
and | 25 |
| projected savings resulting from the waiver
or modification. | 26 |
| Applications
and plans developed by eligible applicants must be | 27 |
| approved by the board or regional superintendent of schools | 28 |
| applying on behalf of schools or programs operated by the | 29 |
| regional office of education following a public hearing on the | 30 |
| application and plan and the
opportunity for the board or | 31 |
| regional superintendent to hear testimony from educators | 32 |
| directly involved in
its implementation, parents, and | 33 |
| students.
If the applicant is a school district or joint | 34 |
| agreement, the public hearing shall be held on a day other than |
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| the day on which a
regular meeting of the board is held. If the | 2 |
| applicant is a school district, the
public hearing must be | 3 |
| preceded
by at least one published notice occurring at least 7 | 4 |
| days prior to the hearing
in a newspaper of general circulation | 5 |
| within the school district that sets
forth the time, date, | 6 |
| place, and general subject matter of the hearing. If the | 7 |
| applicant is a joint agreement or regional superintendent, the | 8 |
| public hearing must be preceded by at least one published | 9 |
| notice (setting forth the time, date, place, and general | 10 |
| subject matter of the hearing) occurring at least 7 days prior | 11 |
| to the hearing in a newspaper of general circulation in each | 12 |
| school district that is a member of the joint agreement or that | 13 |
| is served by the educational service region, provided that a | 14 |
| notice appearing in a newspaper generally circulated in more | 15 |
| than one school district shall be deemed to fulfill this | 16 |
| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected | 18 |
| exclusive collective
bargaining agent and those State | 19 |
| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of | 21 |
| the hearing to be held to take testimony from educators.
The | 22 |
| affected exclusive collective bargaining agents shall be | 23 |
| notified of such
public hearing at least 7 days prior to the | 24 |
| date of the hearing and shall be
allowed to attend
such public | 25 |
| hearing. The eligible applicant shall attest to compliance with | 26 |
| all of
the notification and procedural requirements set forth | 27 |
| in this Section.
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| (d) A request for a waiver or modification of | 29 |
| administrative rules and
regulations or for a modification of | 30 |
| mandates contained in this School Code
shall be submitted to | 31 |
| the State Board of Education within 15 days after
approval by | 32 |
| the board or regional superintendent of schools. The | 33 |
| application as submitted to the
State Board of Education shall | 34 |
| include a description of the public hearing.
Following receipt |
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| of the request, the
State Board shall have 45 days to review | 2 |
| the application and request. If the
State Board fails to | 3 |
| disapprove the application within that 45 day period, the
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| waiver or modification shall be deemed granted. The State Board
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| may disapprove
any request if it is not based upon sound | 6 |
| educational practices, endangers the
health or safety of | 7 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 9 |
| or mandate can be
addressed in a more effective, efficient, or | 10 |
| economical manner or have improved
student performance as a | 11 |
| primary goal. Any request disapproved by the State
Board may be | 12 |
| appealed to the General Assembly by the eligible applicant
as | 13 |
| outlined in this Section.
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| A request for a waiver from mandates contained in this | 15 |
| School Code shall be
submitted to the State Board within 15 | 16 |
| days after approval by the board or regional superintendent of | 17 |
| schools.
The application as submitted to the State Board of | 18 |
| Education
shall include a description of the public hearing. | 19 |
| The description shall
include, but need not be limited to, the | 20 |
| means of notice, the number of people
in attendance, the number | 21 |
| of people who spoke as proponents or opponents of the
waiver, a | 22 |
| brief description of their comments, and whether there were any
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| written statements submitted.
The State Board shall review the | 24 |
| applications and requests for
completeness and shall compile | 25 |
| the requests in reports to be filed with the
General Assembly.
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| The State Board shall file
reports outlining the waivers
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| requested by eligible applicants
and appeals by eligible | 28 |
| applicants of requests
disapproved by the State Board with the | 29 |
| Senate and the House of
Representatives before each May 1 and
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| October
1. The General Assembly may disapprove the report of | 31 |
| the State Board in whole
or in part within 30 calendar days | 32 |
| after each house of the General Assembly
next
convenes after | 33 |
| the report is filed by adoption of a resolution by a record | 34 |
| vote
of the majority of members elected in each house. If the |
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| General Assembly
fails to disapprove any waiver request or | 2 |
| appealed request within such 30
day period, the waiver or | 3 |
| modification shall be deemed granted. Any resolution
adopted by | 4 |
| the General Assembly disapproving a report of the State Board | 5 |
| in
whole or in part shall be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect | 7 |
| for a period not to
exceed 5 school years and may be renewed | 8 |
| upon application by the
eligible applicant. However, such | 9 |
| waiver or modification may be changed within that
5-year period | 10 |
| by a board or regional superintendent of schools applying on | 11 |
| behalf of schools or programs operated by the regional office | 12 |
| of education following the procedure as set
forth in this | 13 |
| Section for the initial waiver or modification request. If
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| neither the State Board of Education nor the General Assembly | 15 |
| disapproves, the
change is deemed granted.
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| (f) On or before February 1, 1998, and each year | 17 |
| thereafter, the State Board of
Education shall submit a | 18 |
| cumulative report summarizing all types of waivers of
mandates | 19 |
| and modifications of mandates granted by the State Board or the
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| General Assembly. The report shall identify the topic of the | 21 |
| waiver along with
the number and percentage of eligible | 22 |
| applicants for which the waiver has been
granted. The report | 23 |
| shall also include any recommendations from the State
Board | 24 |
| regarding the repeal or modification of waived mandates.
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| (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; | 26 |
| 93-707, eff. 7-9-04.)
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| (105 ILCS 5/5-1b new) | 28 |
| Sec. 5-1b. Elementary school district withdrawal and | 29 |
| transfer.
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| (a) Notwithstanding any other provision of this Code, the | 31 |
| school board of an elementary school district that is located | 32 |
| in a Class II county school unit and that, with another | 33 |
| elementary school district, has a combined fall 2004 aggregate |
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| enrollment of at least 5,000 but less than 7,000 pupils and a | 2 |
| combined boundary that is coterminous with the boundary of a | 3 |
| high school district that crosses township boundaries and is | 4 |
| subject to the jurisdiction and served by a different township | 5 |
| treasurer and trustees of schools may withdraw from the | 6 |
| jurisdiction and authority of the township treasurer and the | 7 |
| trustees of schools that currently serve the elementary school | 8 |
| district and transfer and otherwise submit to the jurisdiction | 9 |
| and authority of the township treasurer and the trustees of | 10 |
| schools of another township that then serves the high school | 11 |
| district if all of the following conditions are met: | 12 |
| (1) During the same 30-day period, the school board of | 13 |
| the elementary school district that is seeking withdrawal | 14 |
| and transfer gives written notice by certified mail, return | 15 |
| receipt requested, to all of the following: (i) the | 16 |
| township treasurer and trustees of schools of the township | 17 |
| from which the district seeks to withdraw; (ii) the | 18 |
| township treasurer and trustees of schools of the township | 19 |
| to which the district seeks to transfer; (iii) each school | 20 |
| district currently subject to the jurisdiction and | 21 |
| authority of the township treasurer and trustees of schools | 22 |
| of the township from which the elementary school district | 23 |
| is seeking to withdraw; and (iv) each school district | 24 |
| currently subject to the jurisdiction and authority of the | 25 |
| township treasurer and trustees of schools of the township | 26 |
| in which the elementary school district is seeking to | 27 |
| transfer. This notice must set forth the date, time, and | 28 |
| place of a meeting of the school board of the elementary | 29 |
| school district that is seeking withdrawal and transfer, to | 30 |
| be held not more than 90 days before and not less than 60 | 31 |
| days after the date on which the notice is given, at which | 32 |
| meeting the school board shall consider and vote upon a | 33 |
| resolution to withdraw from the jurisdiction and authority | 34 |
| of the township treasurer and the trustees of schools that |
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| currently serve the elementary school district and | 2 |
| transfer and otherwise submit to the jurisdiction and | 3 |
| authority of the township treasurer and the trustees of | 4 |
| schools of another township that then serves the high | 5 |
| school district. No notice given under this subdivision (1) | 6 |
| to the township treasurer and trustees of schools of a | 7 |
| township shall be deemed sufficient or in compliance with | 8 |
| the requirements of this subdivision (1) unless each | 9 |
| required notice is given within the same 30-day period. | 10 |
| (2) The school board of the elementary school district | 11 |
| that is seeking withdrawal and transfer, by the affirmative | 12 |
| vote of at least 5 members of the school board at a school | 13 |
| board meeting for which notice has been given as required | 14 |
| by subdivision (1) of this subsection (a), adopts the | 15 |
| resolution. | 16 |
| (3) The question of whether to withdraw from the | 17 |
| jurisdiction and authority of the township treasurer and | 18 |
| the trustees of schools that currently serve the elementary | 19 |
| school district and transfer and otherwise submit to the | 20 |
| jurisdiction and authority of the township treasurer and | 21 |
| the trustees of schools of another township that then | 22 |
| serves the high school district is submitted to the | 23 |
| electors of the elementary school district at a regular | 24 |
| election and approved by a majority of the electors voting | 25 |
| on the question. After the resolution has been adopted, the | 26 |
| school board shall certify the question to the proper | 27 |
| election authority, which must submit the question at an | 28 |
| election in accordance with the Election Code. The election | 29 |
| authority must submit the question in substantially the | 30 |
| following form: | 31 |
| Shall the school board of School District Number | 32 |
| .... be authorized to withdraw from the jurisdiction | 33 |
| and authority of the township treasurer and the | 34 |
| trustees of schools of .... Township and transfer and |
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| otherwise submit to the jurisdiction and authority of | 2 |
| the township treasurer and the trustees of schools of | 3 |
| .... Township?
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| The election authority shall record the votes as "Yes" or | 5 |
| "No". If a majority of the electors voting on the question | 6 |
| vote in the affirmative, then the school board of the | 7 |
| elementary school district may withdraw from the | 8 |
| jurisdiction and authority of the township treasurer and | 9 |
| the trustees of schools that currently serve the elementary | 10 |
| school district and transfer and otherwise submit to the | 11 |
| jurisdiction and authority of the township treasurer and | 12 |
| the trustees of schools of another township that then | 13 |
| serves the high school district.
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| (b) If all of the conditions under subsection (a) of this | 15 |
| Section have been met, then the withdrawal and transfer shall | 16 |
| be effective by operation of law on July 1 of the calendar year | 17 |
| in which the election under subdivision (3) of subsection (a) | 18 |
| of this Section was held. | 19 |
| (c) Upon the effective date of the transfer of jurisdiction | 20 |
| of the township treasurer and trustees of schools to the | 21 |
| receiving township under this Section, all of the following | 22 |
| shall occur: (i) the receiving trustees of schools, in its | 23 |
| corporate capacity, shall be deemed the successor in interest | 24 |
| to the trustees of schools of the transferring township with | 25 |
| respect to the interest attributable to the school district's | 26 |
| common school lands and township loanable funds of the | 27 |
| township; (ii) all right, title, and interest attributable to | 28 |
| the school district existing or vested in the transferring | 29 |
| trustees of schools in the common school lands and township | 30 |
| loanable funds of the township and all records, moneys, | 31 |
| securities, other assets, rights of property, and causes of | 32 |
| action attributable to the school district pertaining to or | 33 |
| constituting a part of those common school lands or township | 34 |
| loanable funds attributable to the school district shall be |
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| transferred to and deemed vested by operation of law in the | 2 |
| receiving trustees of schools, which shall hold legal title to, | 3 |
| manage, and operate all common school lands and township | 4 |
| loanable funds of the township, receive the rents, issues, and | 5 |
| profits therefrom, and have and exercise with respect thereto | 6 |
| the same powers and duties set forth under this Code to be | 7 |
| exercised by trustees of schools; and (iii) whenever there is | 8 |
| vested in the transferring trustees of schools, at the time | 9 |
| that a transfer is effected under this Section, the legal title | 10 |
| to any school buildings or school sites used or occupied for | 11 |
| school purposes by an elementary school, subject to the | 12 |
| jurisdiction and authority of those trustees of schools at the | 13 |
| time that such transfer is effective, the legal title to those | 14 |
| school buildings and school sites shall be transferred by | 15 |
| operation of law to and invested in the receiving trustees of | 16 |
| schools, the same to be held, sold, exchanged, leased, or | 17 |
| otherwise transferred in accordance with applicable provisions | 18 |
| of this Code. | 19 |
| (d) In the event that it is necessary to sell or otherwise | 20 |
| dispose of any asset, investment, or security that is in the | 21 |
| name of the school district and other districts not | 22 |
| transferring from the jurisdiction of a township treasurer and | 23 |
| trustees of schools, any fees or costs incurred in such | 24 |
| disposition and any loss in value caused by the early sale or | 25 |
| disposition shall be entirely borne by the school district | 26 |
| transferring from the jurisdiction of a township treasurer and | 27 |
| trustees of schools. | 28 |
| (e) As provided under Section 2-3.25g of this Code, a | 29 |
| waiver of a mandate established under this Section may not be | 30 |
| requested. | 31 |
| (f) This Section is repealed on January 1, 2010.
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| (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
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| Sec. 5-2.1. Eligible Voters: For the purposes of this |
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| Article persons
who are qualified to vote in school elections | 2 |
| shall be eligible to vote
for the trustees of schools who have | 3 |
| jurisdiction over the elementary school
district or unit school | 4 |
| district in which the person resides.
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| If
However, if the application of this Section results in | 6 |
| an elector
voting for trustees of a school township in which he | 7 |
| does not reside
because the elementary or unit school district | 8 |
| crosses township boundaries
and has been assigned to the | 9 |
| jurisdiction of the trustees of an adjoining
township, that | 10 |
| elector shall also be eligible to vote for the trustees of
the | 11 |
| township within which he resides. Moreover, an elector who | 12 |
| resides in a high school district that crosses township | 13 |
| boundaries and has been assigned to the jurisdiction of the | 14 |
| trustees of an adjoining township shall be eligible to vote for | 15 |
| both the trustees of the township in which he or she resides | 16 |
| and the trustees of the township having jurisdiction over the | 17 |
| high school district in which he or she resides.
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| (Source: P.A. 85-1435.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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