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90_HB0689ham003
LRB9001415THpkam02
1 AMENDMENT TO HOUSE BILL 689
2 AMENDMENT NO. . Amend House Bill 689, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
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
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1 innovation or improve student performance. Waivers may not
2 be requested from laws, rules, and regulations pertaining to
3 special education, teacher certification, or teacher tenure
4 and seniority.
5 School districts, as a matter of inherent managerial
6 policy, and any Independent Authority established under
7 Section 2-3.25f may submit an application for a waiver or
8 modification authorized under this Section. Each application
9 must include a written request by the school district or
10 Independent Authority and must demonstrate that the intent of
11 the mandate can be addressed in a more effective, efficient,
12 or economical manner or be based upon a specific plan for
13 improved student performance and school improvement. Any
14 district requesting a waiver or modification for the reason
15 that intent of the mandate can be addressed in a more
16 economical manner shall include in the application a fiscal
17 analysis showing current expenditures on the mandate and
18 projected savings resulting from the waiver or modification.
19 Applications and plans developed by school districts must be
20 approved by each board of education following a public
21 hearing on the application and plan and the opportunity for
22 the board to hear testimony from educators directly involved
23 in its implementation, parents, and students. The public
24 hearing must be preceded by at least one published notice
25 occurring at least 7 days prior to the hearing in a newspaper
26 of general circulation within the school district that sets
27 forth the time, date, place, and general subject matter of
28 the hearing. The school district must notify in writing the
29 affected exclusive collective bargaining agent and those
30 State legislators representing the district holding the
31 public hearing of the district's intent to seek approval of a
32 waiver or modification and of the hearing to be held to take
33 testimony from educators. The affected exclusive collective
34 bargaining agents shall be notified of such public hearing at
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1 least 7 days prior to the date of the hearing and shall be
2 allowed to attend such public hearing.
3 A request for a waiver or modification of administrative
4 rules and regulations or for a modification of mandates
5 contained in this School Code shall be submitted to the State
6 Board of Education within 15 days after approval by the board
7 of education. Following receipt of the request, the State
8 Board shall have 45 days to review the application and
9 request. If the State Board fails to disapprove the
10 application within that 45 day period, the waiver or
11 modification shall be deemed granted. The State Board may
12 disapprove any request if it is not based upon sound
13 educational practices, endangers the health or safety of
14 students or staff, compromises equal opportunities for
15 learning, or fails to demonstrate that the intent of the rule
16 or mandate can be addressed in a more effective, efficient,
17 or economical manner or have improved student performance as
18 a primary goal. Any request disapproved by the State Board
19 may be appealed to the General Assembly by the requesting
20 school district as outlined in this Section.
21 A request for a waiver from mandates contained in this
22 School Code shall be submitted to the State Board within 15
23 days after approval by the board of education. The State
24 Board shall review the applications and requests for
25 completeness and shall compile the requests in reports to be
26 filed with within the General Assembly. The State Board shall
27 file reports outlining the waivers requested by school
28 districts and appeals by school districts of requests
29 disapproved by the State Board with the Senate and, the House
30 of Representatives, and the Secretary of State before October
31 1, 1995, and thereafter before each May 1 and October 1. The
32 General Assembly may disapprove the report of the State Board
33 in whole or in part within 30 calendar days after each house
34 of the General Assembly legislature next convenes after the
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1 report is filed by adoption of a resolution by a record vote
2 of the majority of members elected in each house. If the
3 General Assembly fails to disapprove any waiver request or
4 appealed request within such 30 day period, the waiver or
5 modification shall be deemed granted. Any resolution adopted
6 by the General Assembly disapproving a report of the State
7 Board in whole or in part shall be binding on the State
8 Board.
9 An approved waiver or modification may remain in effect
10 for a period not to exceed 5 five school years and may be
11 renewed upon application by the school district. However,
12 such waiver or modification may be changed within that 5-year
13 period by a local school district board following the
14 procedure as set forth in this Section for the initial waiver
15 or modification request. If neither the State Board of
16 Education nor the General Assembly disapproves, the change is
17 deemed granted.
18 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.".