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| [ Senate Amendment 002 ] |
90_HB1526sam001
SRS90HB1526KScham01
1 AMENDMENT TO HOUSE BILL 1526
2 AMENDMENT NO. . Amend House Bill 1526 on page 1,
3 line 1, by replacing "Sections" with "Sections 2-3.25g,"; and
4 in line 2, by replacing "18-4.3" with "18-4.3 and adding
5 Section 14-0.05"; and
6 by replacing line 6 with the following:
7 "Sections 2-3.25g, 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and
8 18-4.3 and adding Section 14-0.05 as"; and
9 by inserting below line 7 the following:
10 "(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
11 Sec. 2-3.25g. Waiver or modification of mandates within
12 the School Code and administrative rules and regulations.
13 Notwithstanding any other provisions of this School Code or
14 any other law of this State to the contrary, school districts
15 may petition the State Board of Education for the waiver or
16 modification of the mandates of this School Code or of the
17 administrative rules and regulations promulgated by the State
18 Board of Education. Waivers or modifications of
19 administrative rules and regulations and modifications of
20 mandates of this School Code may be requested when a school
21 district demonstrates that it can address the intent of the
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1 rule or mandate in a more effective, efficient, or economical
2 manner or when necessary to stimulate innovation or improve
3 student performance. Waivers of mandates of the School Code
4 may be requested when the waivers are necessary to stimulate
5 innovation or improve student performance. Waivers may not
6 be requested from laws, rules, and regulations pertaining to
7 special education, or from laws, rules, or regulations
8 pertaining to teacher certification, or teacher tenure and
9 seniority.
10 School districts, as a matter of inherent managerial
11 policy, and any Independent Authority established under
12 Section 2-3.25f may submit an application for a waiver or
13 modification authorized under this Section. Each application
14 must include a written request by the school district or
15 Independent Authority and must demonstrate that the intent of
16 the mandate can be addressed in a more effective, efficient,
17 or economical manner or be based upon a specific plan for
18 improved student performance and school improvement. Any
19 district requesting a waiver or modification for the reason
20 that intent of the mandate can be addressed in a more
21 economical manner shall include in the application a fiscal
22 analysis showing current expenditures on the mandate and
23 projected savings resulting from the waiver or modification.
24 Applications and plans developed by school districts must be
25 approved by each board of education following a public
26 hearing on the application and plan and the opportunity for
27 the board to hear testimony from educators directly involved
28 in its implementation, parents, and students. The public
29 hearing must be preceded by at least one published notice
30 occurring at least 7 days prior to the hearing in a newspaper
31 of general circulation within the school district that sets
32 forth the time, date, place, and general subject matter of
33 the hearing. The school district must notify in writing the
34 affected exclusive collective bargaining agent of the
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1 district's intent to seek approval of a waiver or
2 modification and of the hearing to be held to take testimony
3 from educators. The affected exclusive collective bargaining
4 agents shall be allowed to attend such public hearing.
5 A request for a waiver or modification of administrative
6 rules and regulations or for a modification of mandates
7 contained in this School Code shall be submitted to the State
8 Board of Education within 15 days after approval by the board
9 of education. Following receipt of the request, the State
10 Board shall have 45 days to review the application and
11 request. If the State Board fails to disapprove the
12 application within that 45 day period, the waiver or
13 modification shall be deemed granted. The State Board may
14 disapprove any request if it is not based upon sound
15 educational practices, endangers the health or safety of
16 students or staff, compromises equal opportunities for
17 learning, or fails to demonstrate that the intent of the rule
18 or mandate can be addressed in a more effective, efficient,
19 or economical manner or have improved student performance as
20 a primary goal. Any request disapproved by the State Board
21 may be appealed to the General Assembly by the requesting
22 school district as outlined in this Section.
23 A request for a waiver from mandates contained in this
24 School Code shall be submitted to the State Board within 15
25 days after approval by the board of education. The State
26 Board shall review the applications and requests for
27 completeness and shall compile the requests in reports to be
28 filed within the General Assembly. The State Board shall
29 file reports outlining the waivers requested by school
30 districts and appeals by school districts of requests
31 disapproved by the State Board with the Senate, the House of
32 Representatives, and the Secretary of State before October 1,
33 1995, and thereafter before each May 1 and October 1. The
34 General Assembly may disapprove the report of the State Board
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1 in whole or in part within 30 calendar days after each house
2 of the legislature next convenes after the report is filed by
3 adoption of a resolution by a record vote of the majority of
4 members elected in each house. If the General Assembly fails
5 to disapprove any waiver request or appealed request within
6 such 30 day period, the waiver or modification shall be
7 deemed granted. Any resolution adopted by the General
8 Assembly disapproving a report of the State Board in whole or
9 in part shall be binding on the State Board.
10 An approved waiver or modification may remain in effect
11 for a period not to exceed five school years and may be
12 renewed upon application by the school district.
13 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
14 (105 ILCS 5/14-0.05 new)
15 Sec. 14-0.05. Rules and regulations.
16 (a) The State Board of Education shall adopt and
17 promulgate, in accordance with law and to take effect on or
18 before December 31, 1999, new administrative rules and
19 regulations to administer and implement the provisions of
20 this Article and other provisions of this Code pertaining to
21 special education for children with disabilities. Those
22 rules and regulations: (i) shall replace the rules and
23 regulations that are repealed under subsection (b), and (ii)
24 shall be streamlined and shall not impose requirements or
25 mandates on local school districts with respect to special
26 education for children with disabilities beyond the
27 requirements that are imposed for those purposes by
28 applicable federal law and regulations.
29 (b) All rules and regulations adopted and promulgated by
30 the State Board of Education before the effective date of
31 this amendatory Act of 1997 to administer or implement the
32 provisions of this Article or other provisions of this Code
33 pertaining to special education for children with
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1 disabilities, and all rules and regulations adopted and
2 promulgated by the State Board of Education for those
3 purposes on or after that effective date other than those
4 adopted and promulgated under subsection (a) for the purpose
5 of replacing rules and regulations therefore adopted by the
6 State Board of Education, are repealed effective December 31,
7 1999.".