Full Text of HB0376 94th General Assembly
HB0376 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0376
Introduced 1/21/2005, by Rep. Renee Kosel SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.25g |
from Ch. 122, par. 2-3.25g |
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Amends the School Code. In provisions concerning the waiver or modification of mandates within the School Code and rules, provides that an application for a waiver from or modification to a physical education mandate must be made by the particular school involved, not by the school district or joint agreement. Provides that a waiver from or modification to a physical education mandate may not be requested if the school district has received, within the last 10 years, a grant under the School Construction Law to build a new building or to upgrade an existing physical education facility, unless the school district is seeking the waiver or modification to operate under a block schedule. Instead of allowing the General Assembly to disapprove a waiver from or modification to a physical education mandate, provides that if the State Board of Education's mandate waiver report contains a request for a waiver from or modification to a physical education mandate, then the General Assembly must approve the request by adoption of a joint resolution pertaining only to that particular request, otherwise the waiver shall be deemed disapproved. Effective immediately.
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A BILL FOR
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 2-3.25g 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, a school with regard | 15 |
| to a waiver from or modification to a physical education | 16 |
| mandate, or regional superintendent of schools on behalf of | 17 |
| schools and programs operated by the regional office of | 18 |
| 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 | 21 |
| Code or any other law of this State to the
contrary, eligible | 22 |
| 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 | 24 |
| of the
administrative rules and regulations promulgated by the | 25 |
| State Board of
Education. An application for a waiver from or | 26 |
| modification to a physical education mandate must be made by | 27 |
| the particular school involved, not by the school district or | 28 |
| joint agreement. Waivers or modifications of administrative | 29 |
| rules and regulations
and modifications of mandates of this | 30 |
| School Code may be requested when an eligible applicant | 31 |
| demonstrates that it can address the intent of the rule or
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| mandate in a more effective, efficient, or economical manner or |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| when necessary
to stimulate innovation or improve student | 2 |
| performance. Waivers of
mandates of
the School Code may be | 3 |
| requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be | 5 |
| requested
from laws, rules, and regulations pertaining to | 6 |
| special education, teacher
certification, or teacher tenure | 7 |
| and seniority or from compliance with the No
Child Left Behind | 8 |
| Act of 2001 (Public Law 107-110). A waiver from or modification | 9 |
| to a physical education mandate may not be requested if the | 10 |
| school district has received, within the last 10 years, a grant | 11 |
| under the School Construction Law to build a new building or to | 12 |
| upgrade an existing physical education facility, unless the | 13 |
| district is seeking the waiver or modification to operate under | 14 |
| a block schedule.
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| (c) Eligible applicants, as a matter of inherent managerial | 16 |
| policy, and any
Independent Authority established under | 17 |
| Section 2-3.25f may submit an
application for a waiver or | 18 |
| modification authorized under this Section. Each
application | 19 |
| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of | 21 |
| the mandate can
be addressed in a more effective, efficient, or | 22 |
| economical manner
or be based
upon a specific plan for improved | 23 |
| student performance and school improvement.
Any eligible | 24 |
| applicant requesting a waiver or modification for the reason | 25 |
| that intent
of the mandate can be addressed in a more | 26 |
| economical manner shall include in
the application a fiscal | 27 |
| analysis showing current expenditures on the mandate
and | 28 |
| projected savings resulting from the waiver
or modification. | 29 |
| Applications
and plans developed by eligible applicants must be | 30 |
| approved by the board or regional superintendent of schools | 31 |
| applying on behalf of schools or programs operated by the | 32 |
| regional office of education following a public hearing on the | 33 |
| application and plan and the
opportunity for the board or | 34 |
| regional superintendent to hear testimony from educators | 35 |
| directly involved in
its implementation, parents, and | 36 |
| students.
If the applicant is a school district or joint |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| agreement, the public hearing shall be held on a day other than | 2 |
| the day on which a
regular meeting of the board is held. If the | 3 |
| applicant is a school district, the
public hearing must be | 4 |
| preceded
by at least one published notice occurring at least 7 | 5 |
| days prior to the hearing
in a newspaper of general circulation | 6 |
| within the school district that sets
forth the time, date, | 7 |
| place, and general subject matter of the hearing. If the | 8 |
| applicant is a joint agreement or regional superintendent, the | 9 |
| public hearing must be preceded by at least one published | 10 |
| notice (setting forth the time, date, place, and general | 11 |
| subject matter of the hearing) occurring at least 7 days prior | 12 |
| to the hearing in a newspaper of general circulation in each | 13 |
| school district that is a member of the joint agreement or that | 14 |
| is served by the educational service region, provided that a | 15 |
| notice appearing in a newspaper generally circulated in more | 16 |
| than one school district shall be deemed to fulfill this | 17 |
| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected | 19 |
| exclusive collective
bargaining agent and those State | 20 |
| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of | 22 |
| the hearing to be held to take testimony from educators.
The | 23 |
| affected exclusive collective bargaining agents shall be | 24 |
| notified of such
public hearing at least 7 days prior to the | 25 |
| date of the hearing and shall be
allowed to attend
such public | 26 |
| hearing. The eligible applicant shall attest to compliance with | 27 |
| all of
the notification and procedural requirements set forth | 28 |
| in this Section.
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| (d) A request for a waiver or modification of | 30 |
| administrative rules and
regulations or for a modification of | 31 |
| mandates contained in this School Code
shall be submitted to | 32 |
| the State Board of Education within 15 days after
approval by | 33 |
| the board or regional superintendent of schools. The | 34 |
| application as submitted to the
State Board of Education shall | 35 |
| include a description of the public hearing.
Following receipt | 36 |
| of the request, the
State Board shall have 45 days to review |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| the application and request. If the
State Board fails to | 2 |
| 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 | 5 |
| educational practices, endangers the
health or safety of | 6 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 8 |
| or mandate can be
addressed in a more effective, efficient, or | 9 |
| economical manner or have improved
student performance as a | 10 |
| primary goal. Any request disapproved by the State
Board may be | 11 |
| appealed to the General Assembly by the eligible applicant
as | 12 |
| outlined in this Section.
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| A request for a waiver from mandates contained in this | 14 |
| School Code shall be
submitted to the State Board within 15 | 15 |
| days after approval by the board or regional superintendent of | 16 |
| schools.
The application as submitted to the State Board of | 17 |
| Education
shall include a description of the public hearing. | 18 |
| The description shall
include, but need not be limited to, the | 19 |
| means of notice, the number of people
in attendance, the number | 20 |
| of people who spoke as proponents or opponents of the
waiver, a | 21 |
| brief description of their comments, and whether there were any
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| written statements submitted.
The State Board shall review the | 23 |
| applications and requests for
completeness and shall compile | 24 |
| 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 | 27 |
| applicants of requests
disapproved by the State Board with the | 28 |
| Senate and the House of
Representatives before each May 1 and
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| October
1. Except for waivers from or modifications to physical | 30 |
| education mandates, the
The General Assembly may disapprove the | 31 |
| report of the State Board in whole
or in part within 30 | 32 |
| calendar days after each house of the General Assembly
next
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| convenes after the report is filed by adoption of a resolution | 34 |
| by a record vote
of the majority of members elected in each | 35 |
| house. Except for waivers from or modifications to physical | 36 |
| education mandates, if
If the General Assembly
fails to |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| disapprove any waiver request or appealed request within such | 2 |
| 30
day period, the waiver or modification shall be deemed | 3 |
| granted. Except for waivers from or modifications to physical | 4 |
| education mandates, any
Any resolution
adopted by the General | 5 |
| Assembly disapproving a report of the State Board in
whole or | 6 |
| in part shall be binding on the State Board. If the report of | 7 |
| the State Board contains a request or appealed request for a | 8 |
| waiver from or modification to a physical education mandate, | 9 |
| then the General Assembly must approve the request within 30 | 10 |
| calendar days after each house of the General Assembly next | 11 |
| convenes after the report is filed by adoption of a joint | 12 |
| resolution pertaining only to that particular request, by a | 13 |
| record vote of the majority of members elected in each house. | 14 |
| With respect to waivers from or modifications to physical | 15 |
| education mandates, if the General Assembly fails to approve a | 16 |
| request or appealed request within the 30-day period, the | 17 |
| waiver or modification shall be deemed disapproved, which shall | 18 |
| be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect | 20 |
| for a period not to
exceed 5 school years and may be renewed | 21 |
| upon application by the
eligible applicant. However, such | 22 |
| waiver or modification may be changed within that
5-year period | 23 |
| by a board or regional superintendent of schools applying on | 24 |
| behalf of schools or programs operated by the regional office | 25 |
| of education following the procedure as set
forth in this | 26 |
| Section for the initial waiver or modification request. Except | 27 |
| for waivers from or modifications to physical education | 28 |
| mandates, if
If
neither the State Board of Education nor the | 29 |
| General Assembly disapproves, the
change is deemed granted.
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| (f) On or before February 1, 1998, and each year | 31 |
| thereafter, the State Board of
Education shall submit a | 32 |
| cumulative report summarizing all types of waivers of
mandates | 33 |
| 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 | 35 |
| waiver along with
the number and percentage of eligible | 36 |
| applicants for which the waiver has been
granted. The report |
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HB0376 |
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LRB094 06638 RAS 36732 b |
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| shall also include any recommendations from the State
Board | 2 |
| 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; | 4 |
| 93-707, eff. 7-9-04.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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