House Sponsors: PHELPS-PERSICO-WOOLARD. Senate Sponsors: BURZYNSKI-MAHAR Short description: SCH CD-MANDATE WAIVER HEARINGS Synopsis of Bill as introduced: 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. 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. HOUSE AMENDMENT NO. 1. Eliminates the requirement that the local public hearing on a district's waiver or modification application be held on a day other than a regular school board meeting day. FISCAL IMPACT NOTE (State Bd. of Ed.) Costs, incurred only if a dist. sought a waiver or modifica- tion, would not appear to increase fiscal burdens. New costs for notification are nominal and could be absorbed in existing budgets. Costs to SBE could be absorbed in existing budget. STATE MANDATES FISCAL NOTE (SBE) No change from SBE fiscal note. FISCAL NOTE, H-AM 1 (State Bd. of Ed.) HB689, with H-am 1, will have only a minor fiscal impact on SBE and local school districts. These costs can be absorbed within current budgets. STATE MANDATES FISCAL NOTE, H-AM 1 (SBE) No change from SBE fiscal note. HOUSE AMENDMENT NO. 3. Replaces everything after the enacting clause. Amends provisions of the School Code relating to waivers and modifications of School Code mandates. Requires a school district to notify those State legislators who represent the district of the time, date, place, and general subject matter of a public hearing that the district is required to hold concerning its intent to obtain a waiver or modification of School Code mandates or administrative rules. Provides that the notice of the hearing that affected exclusive collective bargaining agents are entitled to receive shall be given at least 7 days before the date of the hearing. 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. FISCAL NOTE, H-AM 3 (State Bd. of Ed.) HB 689, with H-am 3 will have only a minor fiscal impact. STATE MANDATES FISCAL NOTE, H-AM 3 (SBE) No change from SBE fiscal note, with H-am 3. STATE DEBT IMPACT NOTE, H-AM 3 HB689, with H-ams 1 and 3, would not impact State debt. SENATE AMENDMENT NO. 2. Eliminates a proposal to require a school district to give written notice to the State legislators who represent the district of a public hearing that the district must hold before requesting a waiver or modification of a mandate. Last action on Bill: PUBLIC ACT.............................. 90-0462 Last action date: 97-08-17 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status