Full Text of SB0016 98th General Assembly
SB0016sam004 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/14/2014
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| 1 | | AMENDMENT TO SENATE BILL 16
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 16, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 3, on page 103, line 21, after "18-12,", by inserting "22-60,"; | 5 | | and | 6 | | on page 353, immediately below line 10, by inserting the | 7 | | following:
| 8 | | "(105 ILCS 5/22-60) | 9 | | Sec. 22-60. Unfunded mandates prohibited. | 10 | | (a) No public school district or private school is | 11 | | obligated to comply with the following types of mandates unless | 12 | | a separate appropriation has been enacted into law providing | 13 | | full funding for the mandate for the school year during which | 14 | | the mandate is required: | 15 | | (1) Any mandate in this Code enacted after the | 16 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly. | 2 | | (2) Any regulatory mandate promulgated by the State | 3 | | Board of Education and adopted by rule after the effective | 4 | | date of this amendatory Act of the 96th General Assembly | 5 | | other than those promulgated with respect to this Section | 6 | | or statutes already enacted on or before the effective date | 7 | | of this amendatory Act of the 96th General Assembly. | 8 | | (3) Any mandate in Article 27 of this Code, except | 9 | | those included as of the effective date of this amendatory | 10 | | Act of the 98th General Assembly in Sections 27-1, 27-2, | 11 | | 27-8.1, 27-14, and 27-22. The provisions of this paragraph | 12 | | (3) are operative only during the 2014-2015, 2015-2016, and | 13 | | 2016-2017 school years. | 14 | | (b) If the amount appropriated to fund a mandate described | 15 | | in subsection (a) of this Section does not fully fund the | 16 | | mandated activity, then the school district or private school | 17 | | may choose to discontinue or modify the mandated activity to | 18 | | ensure that the costs of compliance do not exceed the funding | 19 | | received. | 20 | | Before discontinuing or modifying the mandate, the school | 21 | | district shall petition its regional superintendent of schools | 22 | | on or before February 15 of each year to request to be exempt | 23 | | from implementing the mandate in a school or schools in the | 24 | | next school year. The petition shall include all legitimate | 25 | | costs associated with implementing and operating the mandate, | 26 | | the estimated reimbursement from State and federal sources, and |
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| 1 | | any unique circumstances the school district can verify that | 2 | | exist that would cause the implementation and operation of such | 3 | | a mandate to be cost prohibitive. | 4 | | The regional superintendent of schools shall review the | 5 | | petition. In accordance with the Open Meetings Act, he or she | 6 | | shall convene a public hearing to hear testimony from the | 7 | | school district and interested community members. The regional | 8 | | superintendent shall, on or before March 15 of each year, | 9 | | inform the school district of his or her decision, along with | 10 | | the reasons why the exemption was granted or denied, in | 11 | | writing. The regional superintendent must also send | 12 | | notification to the State Board of Education detailing which | 13 | | school districts requested an exemption and the results. | 14 | | If the regional superintendent grants an exemption to the | 15 | | school district, then the school district is relieved from the | 16 | | requirement to establish and implement the mandate in the | 17 | | school or schools granted an exemption for the next school | 18 | | year.
If the regional superintendent of schools does not grant | 19 | | an exemption, then the school district shall implement the | 20 | | mandate in accordance with the applicable law or rule by the | 21 | | first student attendance day of the next school year. However, | 22 | | the school district or a resident of the school district may on | 23 | | or before April 15 appeal the decision of the regional | 24 | | superintendent to the State Superintendent of Education. The | 25 | | State Superintendent shall hear appeals on the decisions of | 26 | | regional superintendents of schools no later than May 15 of |
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| 1 | | each year. The State Superintendent shall make a final decision | 2 | | at the conclusion of the hearing on the school district's | 3 | | request for an exemption from the mandate. If the State | 4 | | Superintendent grants an exemption, then the school district is | 5 | | relieved from the requirement to implement a mandate in the | 6 | | school or schools granted an exemption for the next school | 7 | | year. If the State Superintendent does not grant an exemption, | 8 | | then the school district shall implement the mandate in | 9 | | accordance with the applicable law or rule by the first student | 10 | | attendance day of the next school year. | 11 | | If a school district or private school discontinues or | 12 | | modifies a mandated activity due to lack of full funding from | 13 | | the State, then the school district or private school shall | 14 | | annually maintain and update a list of discontinued or modified | 15 | | mandated activities. The list shall be provided to the State | 16 | | Board of Education upon request. | 17 | | (c) This Section does not apply to (i) any new statutory or | 18 | | regulatory mandates related to revised learning standards | 19 | | developed through the Common Core State Standards Initiative | 20 | | and assessments developed to align with those standards or | 21 | | actions specified in this State's Phase 2 Race to the Top Grant | 22 | | application if the application is approved by the United States | 23 | | Department of Education or (ii) new statutory or regulatory | 24 | | mandates from the Race to the Top Grant through the federal | 25 | | American Recovery and Reinvestment Act of 2009 imposed on | 26 | | school districts designated as being in the lowest performing |
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| 1 | | 5% of schools within the Race to the Top Grant application. | 2 | | (d) In any instances in which this Section conflicts with | 3 | | the State Mandates Act, the State Mandates Act shall prevail.
| 4 | | (Source: P.A. 96-1441, eff. 8-20-10.)".
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