101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Jeff Keicher
SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-62 new
105 ILCS 5/22-60 rep.
Amends the School Code. Provides that school districts need not comply
with and may discharge any mandate or requirement placed on school
districts by the Code or by administrative rules adopted by the State Board
of Education that is unfunded; with exceptions. Provides that before a
school district may lawfully discharge an unfunded mandate, it must hold a
public hearing on the matter; sets forth requirements concerning the
hearing. Requires a school board to report each unfunded mandate it has
discharged to the State Board of Education, and requires the State Board to
compile and report this information to the General Assembly each year.
Repeals a Section of the Code concerning an unfunded mandates prohibition.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The School Code is amended by adding Section
22-62 as follows:
(105 ILCS 5/22-62 new)
Discharge of unfunded mandates.
(a) School districts need not comply with and may discharge
any mandate or requirement placed on school districts by this
Code or by administrative rules adopted by the State Board of
Education that is unfunded.
(b) Subsection (a) of this Section does not apply to any of
(1) Laws and rules pertaining to student health, life,
(2) Federally required mandates, including without
limitation compliance with the federal Every Student
(3) Laws and rules pertaining to civil rights and
(c) Before a school district may lawfully discharge an
unfunded mandate under subsection (a) of this Section, it must
hold a public hearing on the matter. The school district must
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post information that sets forth the time, date, place, and
general subject matter of the public hearing on its Internet
website at least 14 days prior to the hearing. The school
district must publish a notice of the public hearing at least 7
days prior to the hearing in a newspaper of general circulation
within the school district that sets forth the time, date,
place, and general subject matter of the hearing. The school
district must notify, in writing, the affected exclusive
collective bargaining agent and those State legislators
representing the affected territory of its intent to discharge
an unfunded mandate and of the hearing to be held to take
testimony from staff. The affected exclusive collective
bargaining agent must be notified of the public hearing at
least 7 days prior to the date of the hearing and must be
allowed to attend the hearing. The school district shall attest
to compliance with the requirements of this subsection (c).
(d) A school board shall report each unfunded mandate it
has discharged under this Section to the State Board of
Education. The State Board shall compile and report this
information to the General Assembly each year.
(105 ILCS 5/22-60 rep.)
The School Code is amended by repealing Section