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91_SB0796
LRB9105682NTsb
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 (particularly
26 including without limitation any mandate set forth in Article
27 21 of this Code or a rule promulgated to implement that
28 Article), or teacher tenure and seniority.
29 School districts, as a matter of inherent managerial
30 policy, and any Independent Authority established under
31 Section 2-3.25f may submit an application for a waiver or
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1 modification authorized under this Section. Each application
2 must include a written request by the school district 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 district requesting a waiver or modification for the reason
8 that intent of the mandate can be addressed in a more
9 economical manner shall include in the application a fiscal
10 analysis showing current expenditures on the mandate and
11 projected savings resulting from the waiver or modification.
12 Applications and plans developed by school districts must be
13 approved by each board of education following a public
14 hearing on the application and plan and the opportunity for
15 the board to hear testimony from educators directly involved
16 in its implementation, parents, and students. The public
17 hearing must be preceded by at least one published notice
18 occurring at least 7 days prior to the hearing in a newspaper
19 of general circulation within the school district that sets
20 forth the time, date, place, and general subject matter of
21 the hearing. The school district must notify in writing the
22 affected exclusive collective bargaining agent of the
23 district's intent to seek approval of a waiver or
24 modification and of the hearing to be held to take testimony
25 from educators. The affected exclusive collective bargaining
26 agents shall be notified of such public hearing at least 7
27 days prior to the date of the hearing and shall be allowed to
28 attend such public hearing.
29 A request for a waiver or modification of administrative
30 rules and regulations or for a modification of mandates
31 contained in this School Code shall be submitted to the State
32 Board of Education within 15 days after approval by the board
33 of education. Following receipt of the request, the State
34 Board shall have 45 days to review the application and
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1 request. If the State Board fails to disapprove the
2 application within that 45 day period, the waiver or
3 modification shall be deemed granted. The State Board may
4 disapprove any request if it is not based upon sound
5 educational practices, endangers the health or safety of
6 students or staff, compromises equal opportunities for
7 learning, or fails to demonstrate that the intent of the rule
8 or mandate can be addressed in a more effective, efficient,
9 or economical manner or have improved student performance as
10 a primary goal. Any request disapproved by the State Board
11 may be appealed to the General Assembly by the requesting
12 school district as outlined in this Section.
13 A request for a waiver from mandates contained in this
14 School Code shall be submitted to the State Board within 15
15 days after approval by the board of education. The State
16 Board shall review the applications and requests for
17 completeness and shall compile the requests in reports to be
18 filed with the General Assembly. The State Board shall file
19 reports outlining the waivers requested by school districts
20 and appeals by school districts of requests disapproved by
21 the State Board with the Senate and the House of
22 Representatives before each May 1 and October 1. The General
23 Assembly may disapprove the report of the State Board in
24 whole or in part within 30 calendar days after each house of
25 the General Assembly next convenes after the report is filed
26 by adoption of a resolution by a record vote of the majority
27 of members elected in each house. If the General Assembly
28 fails to disapprove any waiver request or appealed request
29 within such 30 day period, the waiver or modification shall
30 be deemed granted. Any resolution adopted by the General
31 Assembly disapproving a report of the State Board in whole or
32 in part shall be binding on the State Board.
33 An approved waiver or modification may remain in effect
34 for a period not to exceed 5 school years and may be renewed
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1 upon application by the school district. However, such waiver
2 or modification may be changed within that 5-year period by a
3 local school district board following the procedure as set
4 forth in this Section for the initial waiver or modification
5 request. If neither the State Board of Education nor the
6 General Assembly disapproves, the change is deemed granted.
7 On or before February 1, 1998, and each year thereafter,
8 the State Board of Education shall submit a cumulative report
9 summarizing all types of waiver mandates and modifications of
10 mandates granted by the State Board or the General Assembly.
11 The report shall identify the topic of the waiver along with
12 the number and percentage of school districts for which the
13 waiver has been granted. The report shall also include any
14 recommendations from the State Board regarding the repeal or
15 modification of waived mandates.
16 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
17 eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)