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90_HB0689
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
Amends provisions of the School Code relating to waivers
and modifications of School Code mandates. Prohibits school
districts from requesting waivers of anything that would
jeopardize school accreditation. Requires the local public
hearing on a district's waiver or modification application to
be held on a day other than a regular school board meeting
day, requires the district to give written notice of the
public hearing to affected collective bargaining agents and
to the State legislators who represent the district, and
requires a district to attest to the district's compliance
with applicable notification and procedural requirements.
Requires (now authorizes) the State Board of Education to
disapprove a request for a waiver or modification of an
administrative rule or a modification of a mandate in
specified instances. Provides that the State Board of
Education waiver request reports that are required to be
filed with the General Assembly must include an analysis of
how the waiver would address statutory criteria for waiver
approval. Eliminates a requirement of filing waiver reports
with the Secretary of State. Provides that a waiver or
modification may be changed during the period that it is to
remain in effect under the same procedure as is applicable to
an initial waiver or modification request, and adds that if
neither the State Board of Education nor the General Assembly
disapproves, the change is deemed granted. Effective
immediately.
LRB9001415THpkA
LRB9001415THpkA
1 AN ACT to amend the School Code by changing Section
2 2-3.25g.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 2-3.25g as follows:
7 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
8 Sec. 2-3.25g. Waiver or modification of mandates within
9 the School Code and administrative rules and regulations.
10 Notwithstanding any other provisions of this School Code or
11 any other law of this State to the contrary, school districts
12 may petition the State Board of Education for the waiver or
13 modification of the mandates of this School Code or of the
14 administrative rules and regulations promulgated by the State
15 Board of Education. Waivers or modifications of
16 administrative rules and regulations and modifications of
17 mandates of this School Code may be requested when a school
18 district demonstrates that it can address the intent of the
19 rule or mandate in a more effective, efficient, or economical
20 manner or when necessary to stimulate innovation or improve
21 student performance. Waivers of mandates of the School Code
22 may be requested when the waivers are necessary to stimulate
23 innovation or improve student performance. Waivers may not
24 be requested from laws, rules, and regulations pertaining to
25 special education, teacher certification, or teacher tenure
26 and seniority, or anything which would jeopardize school
27 accreditation.
28 School districts, as a matter of inherent managerial
29 policy, and any Independent Authority established under
30 Section 2-3.25f may submit an application for a waiver or
31 modification authorized under this Section. Each application
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1 must include a written request by the school district or
2 Independent Authority and must demonstrate that the intent of
3 the mandate can be addressed in a more effective, efficient,
4 or economical manner or be based upon a specific plan for
5 improved student performance and school improvement. Any
6 district requesting a waiver or modification for the reason
7 that intent of the mandate can be addressed in a more
8 economical manner shall include in the application a fiscal
9 analysis showing current expenditures on the mandate and
10 projected savings or educational improvement resulting from
11 the waiver or modification. Applications and plans developed
12 by school districts must be approved by each board of
13 education following a public hearing on the application and
14 plan and the opportunity for the board to hear testimony from
15 educators directly involved in its implementation, parents,
16 and students. Such public hearing shall be held on a day
17 other than the day on which a regular meeting of the school
18 district board is held. The public hearing must be preceded
19 by at least one published notice occurring at least 7 days
20 prior to the hearing in a newspaper of general circulation
21 within the school district that sets forth the time, date,
22 place, and general subject matter of the hearing. The school
23 district must notify in writing the affected exclusive
24 collective bargaining agent and those State legislators
25 representing the district holding the public hearing of the
26 district's intent to seek approval of a waiver or
27 modification and of the hearing to be held to take testimony
28 from educators. The affected exclusive collective bargaining
29 agents shall be notified of such public hearing at least 7
30 days prior to the date of the hearing and shall be allowed to
31 attend such public hearing. The district shall attest to the
32 compliance with all of the notification and procedural
33 requirements as set forth in this Section.
34 A request for a waiver or modification of administrative
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1 rules and regulations or for a modification of mandates
2 contained in this School Code shall be submitted to the State
3 Board of Education within 15 days after approval by the board
4 of education. Following receipt of the request, the State
5 Board shall have 45 days to review the application and
6 request. If the State Board fails to disapprove the
7 application within that 45 day period, the waiver or
8 modification shall be deemed granted. The State Board shall
9 may disapprove any request if it is not based upon sound
10 educational practices, endangers the health or safety of
11 students or staff, compromises equal opportunities for
12 learning, or fails to demonstrate that the intent of the rule
13 or mandate can be addressed in a more effective, efficient,
14 or economical manner or have improved student performance as
15 a primary goal. Any request disapproved by the State Board
16 may be appealed to the General Assembly by the requesting
17 school district as outlined in this Section.
18 A request for a waiver from mandates contained in this
19 School Code shall be submitted to the State Board within 15
20 days after approval by the board of education. The State
21 Board shall review the applications and requests for
22 completeness and shall compile the requests in reports to be
23 filed with within the General Assembly. Such reports shall
24 include an analysis of the mandate waiver request in terms of
25 the current expenditures for the mandate and the projected
26 savings that may result, together with an analysis of how the
27 granting of the mandate would address sound educational
28 practices, stimulate innovation, or improve student
29 performance. The State Board shall file reports outlining the
30 waivers requested by school districts and appeals by school
31 districts of requests disapproved by the State Board with the
32 Senate and, the House of Representatives, and the Secretary
33 of State before October 1, 1995, and thereafter before each
34 May 1 and October 1. The General Assembly may disapprove the
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1 report of the State Board in whole or in part within 30
2 calendar days after each house of the General Assembly
3 legislature next convenes after the report is filed by
4 adoption of a resolution by a record vote of the majority of
5 members elected in each house. If the General Assembly fails
6 to disapprove any waiver request or appealed request within
7 such 30 day period, the waiver or modification shall be
8 deemed granted. Any resolution adopted by the General
9 Assembly disapproving a report of the State Board in whole or
10 in part shall be binding on the State Board.
11 An approved waiver or modification may remain in effect
12 for a period not to exceed 5 five school years and may be
13 renewed upon application by the school district. However,
14 such waiver or modification may be changed within that 5-year
15 period by a local school district board following the
16 procedure as set forth in this Section for the initial waiver
17 or modification request. If neither the State Board of
18 Education nor the General Assembly disapproves, the change is
19 deemed granted.
20 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.