Illinois General Assembly - Full Text of SB0340
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Full Text of SB0340  93rd General Assembly

SB0340 93rd General Assembly


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 1        AN ACT respecting education.

 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.  Waivers  may  not  be requested from laws or
26    rules relating to township treasurers as set forth in Section
27    5-1 of this Code. Waivers may not be requested from  laws  or
28    rules  relating  to  student  safety  or  student  health, as
29    determined by the State Board of Education by rule.
30        School districts, as  a  matter  of  inherent  managerial
31    policy,  and  any  Independent  Authority  established  under
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 1    Section  2-3.25f  may  submit  an application for a waiver or
 2    modification authorized under this Section.  Each application
 3    must include a written request  by  the  school  district  or
 4    Independent Authority and must demonstrate that the intent of
 5    the  mandate can be addressed in a more effective, efficient,
 6    or economical manner or be based upon  a  specific  plan  for
 7    improved  student  performance  and  school improvement.  Any
 8    district requesting a waiver or modification for  the  reason
 9    that  intent  of  the  mandate  can  be  addressed  in a more
10    economical manner shall include in the application  a  fiscal
11    analysis  showing  current  expenditures  on  the mandate and
12    projected savings resulting from the waiver or  modification.
13    Applications  and plans developed by school districts must be
14    approved by  each  board  of  education  following  a  public
15    hearing  on  the application and plan and the opportunity for
16    the board to hear testimony from educators directly  involved
17    in  its  implementation,  parents,  and  students. The public
18    hearing must be preceded by at  least  one  published  notice
19    occurring at least 7 days prior to the hearing in a newspaper
20    of  general  circulation within the school district that sets
21    forth the time, date, place, and general  subject  matter  of
22    the  hearing.  The school district must notify in writing the
23    affected  exclusive  collective  bargaining  agent   of   the
24    district's   intent   to   seek   approval  of  a  waiver  or
25    modification and of the hearing to be held to take  testimony
26    from educators.  The affected exclusive collective bargaining
27    agents  shall  be  notified of such public hearing at least 7
28    days prior to the date of the hearing and shall be allowed to
29    attend such public hearing.
30        A request for a waiver or modification of  administrative
31    rules  and  regulations  or  for  a  modification of mandates
32    contained in this School Code shall be submitted to the State
33    Board of Education within 15 days after approval by the board
34    of education.  Following receipt of the  request,  the  State
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 1    Board  shall  have  45  days  to  review  the application and
 2    request.   If  the  State  Board  fails  to  disapprove   the
 3    application   within  that  45  day  period,  the  waiver  or
 4    modification shall be deemed granted.  The  State  Board  may
 5    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
 8    learning, or fails to demonstrate that the intent of the rule
 9    or  mandate  can be addressed in a more effective, efficient,
10    or economical manner or have improved student performance  as
11    a  primary  goal.  Any request disapproved by the State Board
12    may be appealed to the General  Assembly  by  the  requesting
13    school district as outlined in this Section.
14        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 of education.  The State
17    Board  shall  review  the  applications  and   requests   for
18    completeness  and shall compile the requests in reports to be
19    filed with the General Assembly. The State Board  shall  file
20    reports  outlining  the waivers requested by school districts
21    and appeals by school districts of  requests  disapproved  by
22    the   State   Board   with   the  Senate  and  the  House  of
23    Representatives before each May 1 and October 1.  The General
24    Assembly may disapprove the report  of  the  State  Board  in
25    whole  or in part within 30 calendar days after each house of
26    the General Assembly next convenes after the report is  filed
27    by  adoption of a resolution by a record vote of the majority
28    of members elected in each house.  If  the  General  Assembly
29    fails  to  disapprove  any waiver request or appealed request
30    within such 30 day period, the waiver or  modification  shall
31    be  deemed  granted.   Any  resolution adopted by the General
32    Assembly disapproving a report of the State Board in whole or
33    in part shall be binding on the State Board.
34        An approved waiver or modification may remain  in  effect
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 1    for  a period not to exceed 5 school years and may be renewed
 2    upon application by the school district. However, such waiver
 3    or modification may be changed within that 5-year period by a
 4    local school district board following the  procedure  as  set
 5    forth  in this Section for the initial waiver or modification
 6    request.  If neither the State Board  of  Education  nor  the
 7    General Assembly disapproves, the change is deemed granted.
 8        On  or before February 1, 1998, and each year thereafter,
 9    the State Board of Education shall submit a cumulative report
10    summarizing all types of waiver mandates and modifications of
11    mandates granted by the State Board or the General  Assembly.
12    The  report shall identify the topic of the waiver along with
13    the number and percentage of school districts for  which  the
14    waiver  has  been granted.  The report shall also include any
15    recommendations from the State Board regarding the repeal  or
16    modification of waived mandates.
17    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
18    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

19        Section  99.   Effective  date.  This Act takes effect on
20    January 1, 2004.