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90_SB1475eng
105 ILCS 5/18-13 from Ch. 122, par. 18-13
Amends the School Code to make a technical correction in
a Section dealing with the payment of funds to school
treasurers.
SRS90S0074KSaw
SB1475 Engrossed SRS90S0074KSaw
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 and joint agreements made up of school districts may petition
13 the State Board of Education for the waiver or modification
14 of the mandates of this School Code or of the administrative
15 rules and regulations promulgated by the State Board of
16 Education. Waivers or modifications of administrative rules
17 and regulations and modifications of mandates of this School
18 Code may be requested when a school district or joint
19 agreement demonstrates that it can address the intent of the
20 rule or mandate in a more effective, efficient, or economical
21 manner or when necessary to stimulate innovation or improve
22 student performance. Waivers of mandates of the School Code
23 may be requested when the waivers are necessary to stimulate
24 innovation or improve student performance. Waivers may not
25 be requested from laws, rules, and regulations pertaining to
26 special education, teacher certification, or teacher tenure
27 and seniority.
28 School districts and joint agreements made up of school
29 districts, as a matter of inherent managerial policy, and any
30 Independent Authority established under Section 2-3.25f may
31 submit an application for a waiver or modification authorized
SB1475 Engrossed -2- SRS90S0074KSaw
1 under this Section. Each application must include a written
2 request by the school district, joint agreement, 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 entity district requesting a waiver or modification for the
8 reason that the intent of the mandate can be addressed in a
9 more economical manner shall include in the application a
10 fiscal analysis showing current expenditures on the mandate
11 and projected savings resulting from the waiver or
12 modification. An application and plan Applications and plans
13 developed by a school district or a joint agreement made up
14 of school districts must be approved by the local each board
15 of education or the joint agreement's governing board or
16 administrative district, as the case may be, following a
17 public hearing on the application and plan and the
18 opportunity for the board, governing board, or administrative
19 district to hear testimony from educators directly involved
20 in its implementation, parents, and students. In the case of
21 a school district, the public hearing must be preceded by at
22 least one notification to parents published notice occurring
23 at least 7 days prior to the hearing in a newspaper of
24 general circulation within the school district that sets
25 forth the time, date, place, and general subject matter of
26 the hearing. In the case of a joint agreement, the public
27 hearing must be preceded by at least one published notice
28 occurring at least 7 days prior to the hearing in a newspaper
29 of general circulation in each school district which is a
30 member of the joint agreement, provided that a notice
31 appearing in a newspaper generally circulated in more than
32 one school district shall be deemed to fulfill this
33 requirement with respect to all such affected districts. The
34 school district or joint agreement must notify in writing the
SB1475 Engrossed -3- SRS90S0074KSaw
1 affected exclusive collective bargaining agent of the
2 district's or joint agreement's intent to seek approval of a
3 waiver or modification and of the hearing to be held to take
4 testimony from educators. The affected exclusive collective
5 bargaining agents shall be notified of such public hearing at
6 least 7 days prior to the date of the hearing and shall be
7 allowed to attend such public hearing. Applications for a
8 waiver or modification submitted after the effective date of
9 this amendatory Act shall include a description of the public
10 hearing.
11 A request for a waiver or modification of administrative
12 rules and regulations or for a modification of mandates
13 contained in this School Code shall be submitted to the State
14 Board of Education within 15 days after approval by the board
15 of education or by the governing board or administrative
16 district of the joint agreement. Following receipt of the
17 request, the State Board shall have 45 days to review the
18 application and request. If the State Board fails to
19 disapprove the application within that 45 day period, the
20 waiver or modification shall be deemed granted. The State
21 Board may disapprove any request if it is not based upon
22 sound educational practices, endangers the health or safety
23 of students or staff, compromises equal opportunities for
24 learning, or fails to demonstrate that the intent of the rule
25 or mandate can be addressed in a more effective, efficient,
26 or economical manner or have improved student performance as
27 a primary goal. Any request disapproved by the State Board
28 may be appealed to the General Assembly by the requesting
29 school district or joint agreement as outlined in this
30 Section.
31 A request for a waiver from mandates contained in this
32 School Code shall be submitted to the State Board within 15
33 days after approval by the board of education or by the
34 governing board or administrative district of the joint
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1 agreement. The State Board shall review the applications and
2 requests for completeness and shall compile the requests in
3 reports to be filed with the General Assembly. The State
4 Board shall file reports outlining the waivers requested by
5 school districts and joint agreements and appeals by school
6 districts and joint agreements of requests disapproved by the
7 State Board with the Senate and the House of Representatives
8 before each May 1 and October 1. The General Assembly may
9 disapprove the report of the State Board in whole or in part
10 within 30 calendar days after each house of the General
11 Assembly next convenes after the report is filed by adoption
12 of a resolution by a record vote of the majority of members
13 elected in each house. If the General Assembly fails to
14 disapprove any waiver request or appealed request within such
15 30 day period, the waiver or modification shall be deemed
16 granted. Any resolution adopted by the General Assembly
17 disapproving a report of the State Board in whole or in part
18 shall be binding on the State Board.
19 An approved waiver or modification may remain in effect
20 for a period not to exceed 5 school years and may be renewed
21 upon application by the school district or joint agreement.
22 However, such waiver or modification may be changed within
23 that 5-year period by a local school district board or by the
24 governing board or administrative district of a joint
25 agreement following the procedure as set forth in this
26 Section for the initial waiver or modification request. If
27 neither the State Board of Education nor the General Assembly
28 disapproves, the change is deemed granted.
29 On or before February 1, 1998, and each year thereafter,
30 the State Board of Education shall submit a cumulative report
31 summarizing all types of waivers of waiver mandates and
32 modifications of mandates granted by the State Board or the
33 General Assembly. The report shall identify the topic of the
34 waiver along with the number and percentage of school
SB1475 Engrossed -5- SRS90S0074KSaw
1 districts and joint agreements for which the waiver has been
2 granted. The report shall also include any recommendations
3 from the State Board regarding the repeal or of modification
4 of waived mandates.
5 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
6 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.