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90_SB1475sam001
SRS90SB1475KSawam01
1 AMENDMENT TO SENATE BILL 1475
2 AMENDMENT NO. . Amend Senate Bill 1475 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Section
5 2-3.25g."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 2-3.25g as follows:
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 and joint agreements made up of school districts may petition
16 the State Board of Education for the waiver or modification
17 of the mandates of this School Code or of the administrative
18 rules and regulations promulgated by the State Board of
19 Education. Waivers or modifications of administrative rules
20 and regulations and modifications of mandates of this School
21 Code may be requested when a school district or joint
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1 agreement demonstrates that it can address the intent of the
2 rule or mandate in a more effective, efficient, or economical
3 manner or when necessary to stimulate innovation or improve
4 student performance. Waivers of mandates of the School Code
5 may be requested when the waivers are necessary to stimulate
6 innovation or improve student performance. Waivers may not
7 be requested from laws, rules, and regulations pertaining to
8 special education, teacher certification, or teacher tenure
9 and seniority.
10 School districts and joint agreements made up of school
11 districts, as a matter of inherent managerial policy, and any
12 Independent Authority established under Section 2-3.25f may
13 submit an application for a waiver or modification authorized
14 under this Section. Each application must include a written
15 request by the school district, joint agreement, or
16 Independent Authority and must demonstrate that the intent of
17 the mandate can be addressed in a more effective, efficient,
18 or economical manner or be based upon a specific plan for
19 improved student performance and school improvement. Any
20 entity district requesting a waiver or modification for the
21 reason that the intent of the mandate can be addressed in a
22 more economical manner shall include in the application a
23 fiscal analysis showing current expenditures on the mandate
24 and projected savings resulting from the waiver or
25 modification. An application and plan Applications and plans
26 developed by a school district or a joint agreement made up
27 of school districts must be approved by the local each board
28 of education or the joint agreement's governing board or
29 administrative district, as the case may be, following a
30 public hearing on the application and plan and the
31 opportunity for the board, governing board, or administrative
32 district to hear testimony from educators directly involved
33 in its implementation, parents, and students. In the case of
34 a school district, the public hearing must be preceded by at
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1 least one notification to parents published notice occurring
2 at least 7 days prior to the hearing in a newspaper of
3 general circulation within the school district that sets
4 forth the time, date, place, and general subject matter of
5 the hearing. In the case of a joint agreement, the public
6 hearing must be preceded by at least one published notice
7 occurring at least 7 days prior to the hearing in a newspaper
8 of general circulation in each school district which is a
9 member of the joint agreement, provided that a notice
10 appearing in a newspaper generally circulated in more than
11 one school district shall be deemed to fulfill this
12 requirement with respect to all such affected districts. The
13 school district or joint agreement must notify in writing the
14 affected exclusive collective bargaining agent of the
15 district's or joint agreement's intent to seek approval of a
16 waiver or modification and of the hearing to be held to take
17 testimony from educators. The affected exclusive collective
18 bargaining agents shall be notified of such public hearing at
19 least 7 days prior to the date of the hearing and shall be
20 allowed to attend such public hearing. Applications for a
21 waiver or modification submitted after the effective date of
22 this amendatory Act shall include a description of the public
23 hearing.
24 A request for a waiver or modification of administrative
25 rules and regulations or for a modification of mandates
26 contained in this School Code shall be submitted to the State
27 Board of Education within 15 days after approval by the board
28 of education or by the governing board or administrative
29 district of the joint agreement. Following receipt of the
30 request, the State Board shall have 45 days to review the
31 application and request. If the State Board fails to
32 disapprove the application within that 45 day period, the
33 waiver or modification shall be deemed granted. The State
34 Board may disapprove any request if it is not based upon
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1 sound educational practices, endangers the health or safety
2 of students or staff, compromises equal opportunities for
3 learning, or fails to demonstrate that the intent of the rule
4 or mandate can be addressed in a more effective, efficient,
5 or economical manner or have improved student performance as
6 a primary goal. Any request disapproved by the State Board
7 may be appealed to the General Assembly by the requesting
8 school district or joint agreement as outlined in this
9 Section.
10 A request for a waiver from mandates contained in this
11 School Code shall be submitted to the State Board within 15
12 days after approval by the board of education or by the
13 governing board or administrative district of the joint
14 agreement. The State Board shall review the applications and
15 requests for completeness and shall compile the requests in
16 reports to be filed with the General Assembly. The State
17 Board shall file reports outlining the waivers requested by
18 school districts and joint agreements and appeals by school
19 districts and joint agreements of requests disapproved by the
20 State Board with the Senate and the House of Representatives
21 before each May 1 and October 1. The General Assembly may
22 disapprove the report of the State Board in whole or in part
23 within 30 calendar days after each house of the General
24 Assembly next convenes after the report is filed by adoption
25 of a resolution by a record vote of the majority of members
26 elected in each house. If the General Assembly fails to
27 disapprove any waiver request or appealed request within such
28 30 day period, the waiver or modification shall be deemed
29 granted. Any resolution adopted by the General Assembly
30 disapproving a report of the State Board in whole or in part
31 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 or joint agreement.
-5- SRS90SB1475KSawam01
1 However, such waiver or modification may be changed within
2 that 5-year period by a local school district board or by the
3 governing board or administrative district of a joint
4 agreement following the procedure as set forth in this
5 Section for the initial waiver or modification request. If
6 neither the State Board of Education nor the General Assembly
7 disapproves, the change is deemed granted.
8 On or before February 1, 1998, and each year thereafter,
9 the State Board of Education shall submit a cumulative report
10 summarizing all types of waivers of waiver mandates and
11 modifications of mandates granted by the State Board or the
12 General Assembly. The report shall identify the topic of the
13 waiver along with the number and percentage of school
14 districts and joint agreements for which the waiver has been
15 granted. The report shall also include any recommendations
16 from the State Board regarding the repeal or of modification
17 of waived mandates.
18 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
19 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".