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90_HB3646
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
Amends the School Code. Makes changes of style in a
Section relating to mandate waivers.
LRB9009931THpk
LRB9009931THpk
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 the this School Code
11 or any other law of this State to the contrary, school
12 districts may petition the State Board of Education for the
13 waiver or modification of the mandates of the this School
14 Code or of the administrative rules and regulations
15 promulgated by the State Board of Education. Waivers or
16 modifications of administrative rules and regulations and
17 modifications of mandates of the this School Code may be
18 requested when a school district demonstrates that it can
19 address the intent of the rule or mandate in a more
20 effective, efficient, or economical manner or when necessary
21 to stimulate innovation or improve student performance.
22 Waivers of mandates of the School Code may be requested when
23 the waivers are necessary to stimulate innovation or improve
24 student performance. Waivers may not be requested from laws,
25 rules, and regulations pertaining to special education,
26 teacher certification, or teacher tenure 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 of the
21 district's intent to seek approval of a waiver or
22 modification and of the hearing to be held to take testimony
23 from educators. The affected exclusive collective bargaining
24 agents shall be notified of such public hearing at least 7
25 days prior to the date of the hearing and shall be allowed to
26 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 with the General Assembly. The State Board shall file
17 reports outlining the waivers requested by school districts
18 and appeals by school districts of requests disapproved by
19 the State Board with the Senate and the House of
20 Representatives before each May 1 and October 1. The General
21 Assembly may disapprove the report of the State Board in
22 whole or in part within 30 calendar days after each house of
23 the General Assembly next convenes after the report is filed
24 by adoption of a resolution by a record vote of the majority
25 of members elected in each house. If the General Assembly
26 fails to disapprove any waiver request or appealed request
27 within such 30 day period, the waiver or modification shall
28 be deemed granted. Any resolution adopted by the General
29 Assembly disapproving a report of the State Board in whole or
30 in part shall be binding on the State Board.
31 An approved waiver or modification may remain in effect
32 for a period not to exceed 5 school years and may be renewed
33 upon application by the school district. However, such waiver
34 or modification may be changed within that 5-year period by a
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1 local school district board following the procedure as set
2 forth in this Section for the initial waiver or modification
3 request. If neither the State Board of Education nor the
4 General Assembly disapproves, the change is deemed granted.
5 On or before February 1, 1998, and each year thereafter,
6 the State Board of Education shall submit a cumulative report
7 summarizing all types of waiver mandates and modifications of
8 mandates granted by the State Board or the General Assembly.
9 The report shall identify the topic of the waiver along with
10 the number and percentage of school districts for which the
11 waiver has been granted. The report shall also include any
12 recommendations from the State Board regarding the repeal or
13 of modification of waived mandates.
14 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
15 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)