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90_SB0904
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
Amends provisions of the School Code relating to waivers
and modifications of School Code mandates. Prohibits school
districts from requesting waivers of anything that would
jeopardize school accreditation. Requires the local public
hearing on a district's waiver or modification application to
be held on a day other than a regular school board meeting
day, requires the district to give written notice of the
public hearing to affected collective bargaining agents and
to the State legislators who represent the district, and
requires a district to attest to the district's compliance
with applicable notification and procedural requirements.
Requires (now authorizes) the State Board of Education to
disapprove a request for a waiver or modification of an
administrative rule or a modification of a mandate in
specified instances. Requires the application for the waiver
or modification as submitted to the State Board of Education
to include a description of the public hearing. Provides that
the State Board of Education waiver request reports that are
required to be filed with the General Assembly must include
an analysis of how the waiver would address statutory
criteria for waiver approval. Eliminates a requirement of
filing waiver reports with the Secretary of State. Provides
that a waiver or modification may be changed during the
period that it is to remain in effect under the same
procedure as is applicable to an initial waiver or
modification request, and adds that if neither the State
Board of Education nor the General Assembly disapproves, the
change is deemed granted. Effective immediately.
SDS/bill0027/jwp
SDS/bill0027/jwp
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 anything which would jeopardize school
27 accreditation.
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
-2- SDS/bill0027/jwp
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 or educational improvement resulting from
11 the waiver or modification. Applications and plans developed
12 by school districts must be approved by each board of
13 education following a public hearing on the application and
14 plan and the opportunity for the board to hear testimony from
15 educators directly involved in its implementation, parents,
16 and students. Such public hearing shall be held on a day
17 other than the day on which a regular meeting of the school
18 district board is held. The public hearing must be preceded
19 by at least one published notice occurring at least 7 days
20 prior to the hearing in a newspaper of general circulation
21 within the school district that sets forth the time, date,
22 place, and general subject matter of the hearing. The school
23 district must notify in writing the affected exclusive
24 collective bargaining agent and those State legislators
25 representing the district holding the public hearing of the
26 district's intent to seek approval of a waiver or
27 modification and of the hearing to be held to take testimony
28 from educators. The affected exclusive collective bargaining
29 agents shall be notified of such public hearing at least 7
30 days prior to the date of the hearing and shall be allowed to
31 attend such public hearing. The district shall attest to the
32 compliance with all of the notification and procedural
33 requirements as set forth in this Section.
34 A request for a waiver or modification of administrative
-3- SDS/bill0027/jwp
1 rules and regulations or for a modification of mandates
2 contained in this School Code shall be submitted to the State
3 Board of Education within 15 days after approval by the board
4 of education. The application as submitted to the State
5 Board of Education shall include a description of the public
6 hearing. Following receipt of the request, the State Board
7 shall have 45 days to review the application and request. If
8 the State Board fails to disapprove the application within
9 that 45 day period, the waiver or modification shall be
10 deemed granted. The State Board shall may disapprove any
11 request if it is not based upon sound educational practices,
12 endangers the health or safety of students or staff,
13 compromises equal opportunities for learning, or fails to
14 demonstrate that the intent of the rule or mandate can be
15 addressed in a more effective, efficient, or economical
16 manner or have improved student performance as a primary
17 goal. Any request disapproved by the State Board may be
18 appealed to the General Assembly by the requesting school
19 district as outlined in this Section.
20 A request for a waiver from mandates contained in this
21 School Code shall be submitted to the State Board within 15
22 days after approval by the board of education. The
23 application as submitted to the State Board of Education
24 shall include a description of the public hearing. The
25 description shall include, but need not be limited to, the
26 means of notice, the number of people in attendance, the
27 number of people who spoke as proponents or opponents of the
28 waiver, a brief description of their comments, and whether
29 there were any written statements submitted. The State Board
30 shall review the applications and requests for completeness
31 and shall compile the requests in reports to be filed with
32 within the General Assembly. Such reports shall include an
33 analysis of the mandate waiver request in terms of the
34 current expenditures for the mandate and the projected
-4- SDS/bill0027/jwp
1 savings that may result, together with an analysis of how the
2 granting of the mandate would address sound educational
3 practices, stimulate innovation, or improve student
4 performance. The State Board shall file reports outlining the
5 waivers requested by school districts and appeals by school
6 districts of requests disapproved by the State Board with the
7 Senate and, the House of Representatives, and the Secretary
8 of State before October 1, 1995, and thereafter before each
9 May 1 and October 1. The General Assembly may disapprove the
10 report of the State Board in whole or in part within 30
11 calendar days after each house of the General Assembly
12 legislature next convenes after the report is filed by
13 adoption of a resolution by a record vote of the majority of
14 members elected in each house. If the General Assembly fails
15 to disapprove any waiver request or appealed request within
16 such 30 day period, the waiver or modification shall be
17 deemed granted. Any resolution adopted by the General
18 Assembly disapproving a report of the State Board in whole or
19 in part shall be binding on the State Board.
20 An approved waiver or modification may remain in effect
21 for a period not to exceed 5 five school years and may be
22 renewed upon application by the school district. However,
23 such waiver or modification may be changed within that 5-year
24 period by a local school district board following the
25 procedure as set forth in this Section for the initial waiver
26 or modification request. If neither the State Board of
27 Education nor the General Assembly disapproves, the change is
28 deemed granted.
29 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.