093_SB0206enr

 
SB206 Enrolled                       LRB093 07441 NHT 07605 b

 1        AN ACT regarding schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 2-3.25g as follows:

 6        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
 7        Sec.  2-3.25g.  Waiver or modification of mandates within
 8    the School Code and  administrative  rules  and  regulations.
 9    Notwithstanding  any  other provisions of this School Code or
10    any other law of this State to the contrary, school districts
11    may petition the State Board of Education for the  waiver  or
12    modification  of  the  mandates of this School Code or of the
13    administrative rules and regulations promulgated by the State
14    Board   of   Education.    Waivers   or   modifications    of
15    administrative  rules  and  regulations  and modifications of
16    mandates of this School Code may be requested when  a  school
17    district  demonstrates  that it can address the intent of the
18    rule or mandate in a more effective, efficient, or economical
19    manner or when necessary to stimulate innovation  or  improve
20    student  performance.  Waivers of mandates of the School Code
21    may be requested when the waivers are necessary to  stimulate
22    innovation  or  improve student performance.  Waivers may not
23    be requested from laws, rules, and regulations pertaining  to
24    special  education,  teacher certification, or teacher tenure
25    and seniority.
26        School districts, as  a  matter  of  inherent  managerial
27    policy,  and  any  Independent  Authority  established  under
28    Section  2-3.25f  may  submit  an application for a waiver or
29    modification authorized under this Section.  Each application
30    must include a written request  by  the  school  district  or
31    Independent Authority and must demonstrate that the intent of
 
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 1    the  mandate can be addressed in a more effective, efficient,
 2    or economical manner or be based upon  a  specific  plan  for
 3    improved  student  performance  and  school improvement.  Any
 4    district requesting a waiver or modification for  the  reason
 5    that  intent  of  the  mandate  can  be  addressed  in a more
 6    economical manner shall include in the application  a  fiscal
 7    analysis  showing  current  expenditures  on  the mandate and
 8    projected savings resulting from the waiver or  modification.
 9    Applications  and plans developed by school districts must be
10    approved by  each  board  of  education  following  a  public
11    hearing  on  the application and plan and the opportunity for
12    the board to hear testimony from educators directly  involved
13    in  its  implementation,  parents, and students.  Such public
14    hearing shall be held on a day other than the day on which  a
15    regular  meeting  of  the  board is held.  The public hearing
16    must be preceded by at least one published  notice  occurring
17    at  least  7  days  prior  to  the  hearing in a newspaper of
18    general circulation within  the  school  district  that  sets
19    forth  the  time,  date, place, and general subject matter of
20    the hearing.  The school district must notify in writing  the
21    affected  exclusive  collective  bargaining  agent  and those
22    State  legislators  representing  the  district  holding  the
23    public hearing of the district's intent to seek approval of a
24    waiver or modification and of the hearing to be held to  take
25    testimony  from educators.  The affected exclusive collective
26    bargaining agents shall be notified of such public hearing at
27    least 7 days prior to the date of the hearing  and  shall  be
28    allowed  to  attend  such  public hearing. The district shall
29    attest  to  compliance  with  all  of  the  notification  and
30    procedural requirements set forth in this Section.
31        A request for a waiver or modification of  administrative
32    rules  and  regulations  or  for  a  modification of mandates
33    contained in this School Code shall be submitted to the State
34    Board of Education within 15 days after approval by the board
 
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 1    of education.  The application  as  submitted  to  the  State
 2    Board  of Education shall include a description of the public
 3    hearing.  Following receipt of the request, the  State  Board
 4    shall have 45 days to review the application and request.  If
 5    the  State  Board  fails to disapprove the application within
 6    that 45 day period,  the  waiver  or  modification  shall  be
 7    deemed  granted.   The State Board may disapprove any request
 8    if  it  is  not  based  upon  sound  educational   practices,
 9    endangers   the  health  or  safety  of  students  or  staff,
10    compromises equal opportunities for  learning,  or  fails  to
11    demonstrate  that  the  intent  of the rule or mandate can be
12    addressed in  a  more  effective,  efficient,  or  economical
13    manner  or  have  improved  student  performance as a primary
14    goal.  Any request disapproved by  the  State  Board  may  be
15    appealed  to  the  General  Assembly by the requesting school
16    district as outlined in this Section.
17        A request for a waiver from mandates  contained  in  this
18    School  Code  shall be submitted to the State Board within 15
19    days  after  approval  by  the  board  of  education.     The
20    application  as  submitted  to  the  State Board of Education
21    shall include a  description  of  the  public  hearing.   The
22    description  shall  include,  but need not be limited to, the
23    means of notice, the number  of  people  in  attendance,  the
24    number  of people who spoke as proponents or opponents of the
25    waiver, a brief description of their  comments,  and  whether
26    there were any written statements submitted.  The State Board
27    shall  review  the applications and requests for completeness
28    and shall compile the requests in reports to  be  filed  with
29    the  General  Assembly.  The  State  Board shall file reports
30    outlining the  waivers  requested  by  school  districts  and
31    appeals  by  school  districts of requests disapproved by the
32    State Board with the Senate and the House of  Representatives
33    before  each  May  1  and October 1. The General Assembly may
34    disapprove the report of the State Board in whole or in  part
 
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 1    within  30  calendar  days  after  each  house of the General
 2    Assembly next convenes after the report is filed by  adoption
 3    of  a  resolution by a record vote of the majority of members
 4    elected in each house.  If  the  General  Assembly  fails  to
 5    disapprove any waiver request or appealed request within such
 6    30  day  period,  the  waiver or modification shall be deemed
 7    granted.  Any resolution  adopted  by  the  General  Assembly
 8    disapproving  a report of the State Board in whole or in part
 9    shall be binding on the State Board.
10        An approved waiver or modification may remain  in  effect
11    for  a period not to exceed 5 school years and may be renewed
12    upon application by the school district. However, such waiver
13    or modification may be changed within that 5-year period by a
14    local school district board following the  procedure  as  set
15    forth  in this Section for the initial waiver or modification
16    request.  If neither the State Board  of  Education  nor  the
17    General Assembly disapproves, the change is deemed granted.
18        On  or before February 1, 1998, and each year thereafter,
19    the State Board of Education shall submit a cumulative report
20    summarizing all types of waiver mandates and modifications of
21    mandates granted by the State Board or the General  Assembly.
22    The  report shall identify the topic of the waiver along with
23    the number and percentage of school districts for  which  the
24    waiver  has  been granted.  The report shall also include any
25    recommendations from the State Board regarding the repeal  or
26    modification of waived mandates.
27    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
28    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.