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90_HB0689eng
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.
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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.
27 School districts, as a matter of inherent managerial
28 policy, and any Independent Authority established under
29 Section 2-3.25f may submit an application for a waiver or
30 modification authorized under this Section. Each application
31 must include a written request by the school district or
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1 Independent Authority and must demonstrate that the intent of
2 the mandate can be addressed in a more effective, efficient,
3 or economical manner or be based upon a specific plan for
4 improved student performance and school improvement. Any
5 district requesting a waiver or modification for the reason
6 that intent of the mandate can be addressed in a more
7 economical manner shall include in the application a fiscal
8 analysis showing current expenditures on the mandate and
9 projected savings resulting from the waiver or modification.
10 Applications and plans developed by school districts must be
11 approved by each board of education following a public
12 hearing on the application and plan and the opportunity for
13 the board to hear testimony from educators directly involved
14 in its implementation, parents, and students. The public
15 hearing must be preceded by at least one published notice
16 occurring at least 7 days prior to the hearing in a newspaper
17 of general circulation within the school district that sets
18 forth the time, date, place, and general subject matter of
19 the hearing. The school district must notify in writing the
20 affected exclusive collective bargaining agent and those
21 State legislators representing the district holding the
22 public hearing of the district's intent to seek approval of a
23 waiver or modification and of the hearing to be held to take
24 testimony from educators. The affected exclusive collective
25 bargaining agents shall be notified of such public hearing at
26 least 7 days prior to the date of the hearing and shall be
27 allowed to attend such public hearing.
28 A request for a waiver or modification of administrative
29 rules and regulations or for a modification of mandates
30 contained in this School Code shall be submitted to the State
31 Board of Education within 15 days after approval by the board
32 of education. Following receipt of the request, the State
33 Board shall have 45 days to review the application and
34 request. If the State Board fails to disapprove the
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1 application within that 45 day period, the waiver or
2 modification shall be deemed granted. The State Board may
3 disapprove any request if it is not based upon sound
4 educational practices, endangers the health or safety of
5 students or staff, compromises equal opportunities for
6 learning, or fails to demonstrate that the intent of the rule
7 or mandate can be addressed in a more effective, efficient,
8 or economical manner or have improved student performance as
9 a primary goal. Any request disapproved by the State Board
10 may be appealed to the General Assembly by the requesting
11 school district as outlined in this Section.
12 A request for a waiver from mandates contained in this
13 School Code shall be submitted to the State Board within 15
14 days after approval by the board of education. The State
15 Board shall review the applications and requests for
16 completeness and shall compile the requests in reports to be
17 filed with within the General Assembly. The State Board shall
18 file reports outlining the waivers requested by school
19 districts and appeals by school districts of requests
20 disapproved by the State Board with the Senate and, the House
21 of Representatives, and the Secretary of State before October
22 1, 1995, and thereafter before each May 1 and October 1. The
23 General Assembly may disapprove the report of the State Board
24 in whole or in part within 30 calendar days after each house
25 of the General Assembly legislature next convenes after the
26 report is filed by adoption of a resolution by a record vote
27 of the majority of members elected in each house. If the
28 General Assembly fails to disapprove any waiver request or
29 appealed request within such 30 day period, the waiver or
30 modification shall be deemed granted. Any resolution adopted
31 by the General Assembly disapproving a report of the State
32 Board in whole or in part shall be binding on the State
33 Board.
34 An approved waiver or modification may remain in effect
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1 for a period not to exceed 5 five school years and may be
2 renewed upon application by the school district. However,
3 such waiver or modification may be changed within that 5-year
4 period by a local school district board following the
5 procedure as set forth in this Section for the initial waiver
6 or modification request. If neither the State Board of
7 Education nor the General Assembly disapproves, the change is
8 deemed granted.
9 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.