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90_HB2574
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/14-0.05 new
Amends the School Code. Allows waivers from rules and
regulations pertaining to special education to be requested
(instead of prohibiting the request). Repeals all rules and
regulations adopted and promulgated by the State Board of
Education to administer or implement certain provisions of
the School Code concerning children with disabilities and
requires the State Board of education to adopt and promulgate
new administrative rules and regulations. Requires the rules
and regulations to be streamlined and not impose requirements
or mandates on local school districts with respect to special
education for children with disabilities beyond federal
requirements.
LRB9009074NTsb
LRB9009074NTsb
1 AN ACT to amend the School Code by changing Section
2 2-3.25g and adding Section 14-0.05.
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 and adding Section 14-0.05 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 or from laws, rules, or regulations
26 pertaining to, teacher certification, or teacher tenure and
27 seniority.
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 resulting from the waiver or modification.
11 Applications and plans developed by school districts must be
12 approved by each board of education following a public
13 hearing on the application and plan and the opportunity for
14 the board to hear testimony from educators directly involved
15 in its implementation, parents, and students. The public
16 hearing must be preceded by at least one published notice
17 occurring at least 7 days prior to the hearing in a newspaper
18 of general circulation within the school district that sets
19 forth the time, date, place, and general subject matter of
20 the hearing. The school district must notify in writing the
21 affected exclusive collective bargaining agent of the
22 district's intent to seek approval of a waiver or
23 modification and of the hearing to be held to take testimony
24 from educators. The affected exclusive collective bargaining
25 agents shall be notified of such public hearing at least 7
26 days prior to the date of the hearing and shall be allowed to
27 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 the General Assembly. The State Board shall file
18 reports outlining the waivers requested by school districts
19 and appeals by school districts of requests disapproved by
20 the State Board with the Senate and the House of
21 Representatives before each May 1 and October 1. The General
22 Assembly may disapprove the report of the State Board in
23 whole or in part within 30 calendar days after each house of
24 the General Assembly next convenes after the report is filed
25 by adoption of a resolution by a record vote of the majority
26 of members elected in each house. If the General Assembly
27 fails to disapprove any waiver request or appealed request
28 within such 30 day period, the waiver or modification shall
29 be 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 5 school years and may be renewed
34 upon application by the school district. However, such waiver
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1 or modification may be changed within that 5-year period by a
2 local school district board following the procedure as set
3 forth in this Section for the initial waiver or modification
4 request. If neither the State Board of Education nor the
5 General Assembly disapproves, the change is deemed granted.
6 On or before February 1, 1998, and each year thereafter,
7 the State Board of Education shall submit a cumulative report
8 summarizing all types of waiver mandates and modifications of
9 mandates granted by the State Board or the General Assembly.
10 The report shall identify the topic of the waiver along with
11 the number and percentage of school districts for which the
12 waiver has been granted. The report shall also include any
13 recommendations from the State Board regarding the repeal or
14 of modification of waived mandates.
15 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
16 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
17 (105 ILCS 5/14-0.05 new)
18 Sec. 14-0.05. Rules and regulations.
19 (a) The State Board of Education shall adopt and
20 promulgate, in accordance with law and to take effect on or
21 before December 31, 1999, new administrative rules and
22 regulations to administer and implement the provisions of
23 this Article and other provisions of this Code pertaining to
24 special education for children with disabilities. Those
25 rules and regulations: (i) shall replace the rules and
26 regulations that are repealed under subsection (b), and (ii)
27 shall be streamlined and shall not impose requirements or
28 mandates on local school districts with respect to special
29 education for children with disabilities beyond the
30 requirements that are imposed for those purposes by
31 applicable federal law and regulations.
32 (b) All rules and regulations adopted and promulgated by
33 the State Board of Education before the effective date of
-5- LRB9009074NTsb
1 this amendatory Act of 1998 to administer or implement the
2 provisions of this Article or other provisions of this Code
3 pertaining to special education for children with
4 disabilities, and all rules and regulations adopted and
5 promulgated by the State Board of Education for those
6 purposes on or after that effective date other than those
7 adopted and promulgated under subsection (a) for the purpose
8 of replacing rules and regulations therefore adopted by the
9 State Board of Education, are repealed effective December 31,
10 1999.