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90_HB0742eng
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
Amends the School Code. In the provisions relating to
waivers of School Code mandates and administrative rules,
adds that waivers may not be requested from provisions
relating to a regional superintendent's exercise of
supervision and control over school districts in his or her
educational service region. Effective July 1, 1997.
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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, or, after June 30, 1997, supervision and
27 control over school districts as provided under Section
28 3-14.2.
29 School districts, as a matter of inherent managerial
30 policy, and any Independent Authority established under
31 Section 2-3.25f may submit an application for a waiver or
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1 modification authorized under this Section. Each application
2 must include a written request by the school district or
3 Independent Authority and must demonstrate that the intent of
4 the mandate can be addressed in a more effective, efficient,
5 or economical manner or be based upon a specific plan for
6 improved student performance and school improvement. Any
7 district requesting a waiver or modification for the reason
8 that intent of the mandate can be addressed in a more
9 economical manner shall include in the application a fiscal
10 analysis showing current expenditures on the mandate and
11 projected savings resulting from the waiver or modification.
12 Applications and plans developed by school districts must be
13 approved by each board of education following a public
14 hearing on the application and plan and the opportunity for
15 the board to hear testimony from educators directly involved
16 in its implementation, parents, and students. The public
17 hearing must be preceded by at least one published notice
18 occurring at least 7 days prior to the hearing in a newspaper
19 of general circulation within the school district that sets
20 forth the time, date, place, and general subject matter of
21 the hearing. The school district must notify in writing the
22 affected exclusive collective bargaining agent of the
23 district's intent to seek approval of a waiver or
24 modification and of the hearing to be held to take testimony
25 from educators. The affected exclusive collective bargaining
26 agents shall be allowed to attend such public hearing.
27 A request for a waiver or modification of administrative
28 rules and regulations or for a modification of mandates
29 contained in this School Code shall be submitted to the State
30 Board of Education within 15 days after approval by the board
31 of education. Following receipt of the request, the State
32 Board shall have 45 days to review the application and
33 request. If the State Board fails to disapprove the
34 application within that 45 day period, the waiver or
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1 modification shall be deemed granted. The State Board may
2 disapprove any request if it is not based upon sound
3 educational practices, endangers the health or safety of
4 students or staff, compromises equal opportunities for
5 learning, or fails to demonstrate that the intent of the rule
6 or mandate can be addressed in a more effective, efficient,
7 or economical manner or have improved student performance as
8 a primary goal. Any request disapproved by the State Board
9 may be appealed to the General Assembly by the requesting
10 school district as outlined in this Section.
11 A request for a waiver from mandates contained in this
12 School Code shall be submitted to the State Board within 15
13 days after approval by the board of education. The State
14 Board shall review the applications and requests for
15 completeness and shall compile the requests in reports to be
16 filed within the General Assembly. The State Board shall
17 file reports outlining the waivers requested by school
18 districts and appeals by school districts of requests
19 disapproved by the State Board with the Senate, the House of
20 Representatives, and the Secretary of State before October 1,
21 1995, and thereafter before each May 1 and October 1. The
22 General Assembly may disapprove the report of the State Board
23 in whole or in part within 30 calendar days after each house
24 of the legislature next convenes after the report is filed by
25 adoption of a resolution by a record vote of the majority of
26 members elected in each house. If the General Assembly fails
27 to disapprove any waiver request or appealed request within
28 such 30 day period, the waiver or modification shall be
29 deemed granted. Any resolution adopted by the General
30 Assembly disapproving a report of the State Board in whole or
31 in part shall be binding on the State Board.
32 An approved waiver or modification may remain in effect
33 for a period not to exceed five school years and may be
34 renewed upon application by the school district.
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1 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
2 Section 99. Effective date. This Act takes effect July
3 1, 1997.