Public Act 094-0432
 
SB1493 Enrolled LRB094 11113 RAS 41738 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
2-3.25g and 5-2.1 and by adding Section 5-1b as follows:
 
    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
    (a) In this Section:
        "Board" means a school board or the governing board or
    administrative district, as the case may be, for a joint
    agreement.
        "Eligible applicant" means a school district, joint
    agreement made up of school districts, or regional
    superintendent of schools on behalf of schools and programs
    operated by the regional office of education.
        "State Board" means the State Board of Education.
    (b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not be
requested from laws, rules, and regulations pertaining to
special education, teacher certification, or teacher tenure
and seniority, or Section 5-2.1 of this Code or from compliance
with the No Child Left Behind Act of 2001 (Public Law 107-110).
    (c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f may submit an application for a waiver or
modification authorized under this Section. Each application
must include a written request by the eligible applicant or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective, efficient, or
economical manner or be based upon a specific plan for improved
student performance and school improvement. Any eligible
applicant requesting a waiver or modification for the reason
that intent of the mandate can be addressed in a more
economical manner shall include in the application a fiscal
analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from educators
directly involved in its implementation, parents, and
students. If the applicant is a school district or joint
agreement, the public hearing shall be held on a day other than
the day on which a regular meeting of the board is held. If the
applicant is a school district, the public hearing must be
preceded by at least one published notice occurring at least 7
days prior to the hearing in a newspaper of general circulation
within the school district that sets forth the time, date,
place, and general subject matter of the hearing. If the
applicant is a joint agreement or regional superintendent, the
public hearing must be preceded by at least one published
notice (setting forth the time, date, place, and general
subject matter of the hearing) occurring at least 7 days prior
to the hearing in a newspaper of general circulation in each
school district that is a member of the joint agreement or that
is served by the educational service region, provided that a
notice appearing in a newspaper generally circulated in more
than one school district shall be deemed to fulfill this
requirement with respect to all of the affected districts. The
eligible applicant must notify in writing the affected
exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its intent to seek approval of a waiver or modification and of
the hearing to be held to take testimony from educators. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant shall attest to compliance with
all of the notification and procedural requirements set forth
in this Section.
    (d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the request, the State Board shall have 45 days to review
the application and request. If the State Board fails to
disapprove the application within that 45 day period, the
waiver or modification shall be deemed granted. The State Board
may disapprove any request if it is not based upon sound
educational practices, endangers the health or safety of
students or staff, compromises equal opportunities for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more effective, efficient, or
economical manner or have improved student performance as a
primary goal. Any request disapproved by the State Board may be
appealed to the General Assembly by the eligible applicant as
outlined in this Section.
    A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the
applications and requests for completeness and shall compile
the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each May 1 and
October 1. The General Assembly may disapprove the report of
the State Board in whole or in part within 30 calendar days
after each house of the General Assembly next convenes after
the report is filed by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 30 day period, the waiver or
modification shall be deemed granted. Any resolution adopted by
the General Assembly disapproving a report of the State Board
in whole or in part shall be binding on the State Board.
    (e) An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the eligible applicant. However, such
waiver or modification may be changed within that 5-year period
by a board or regional superintendent of schools applying on
behalf of schools or programs operated by the regional office
of education following the procedure as set forth in this
Section for the initial waiver or modification request. If
neither the State Board of Education nor the General Assembly
disapproves, the change is deemed granted.
    (f) On or before February 1, 1998, and each year
thereafter, the State Board of Education shall submit a
cumulative report summarizing all types of waivers of mandates
and modifications of mandates granted by the State Board or the
General Assembly. The report shall identify the topic of the
waiver along with the number and percentage of eligible
applicants for which the waiver has been granted. The report
shall also include any recommendations from the State Board
regarding the repeal or modification of waived mandates.
(Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03;
93-707, eff. 7-9-04.)
 
    (105 ILCS 5/5-1b new)
    Sec. 5-1b. Elementary school district withdrawal and
transfer.
    (a) Notwithstanding any other provision of this Code, the
school board of an elementary school district that is located
in a Class II county school unit and that, with another
elementary school district, has a combined fall 2004 aggregate
enrollment of at least 5,000 but less than 7,000 pupils and a
combined boundary that is coterminous with the boundary of a
high school district that crosses township boundaries and is
subject to the jurisdiction and served by a different township
treasurer and trustees of schools may withdraw from the
jurisdiction and authority of the township treasurer and the
trustees of schools that currently serve the elementary school
district and transfer and otherwise submit to the jurisdiction
and authority of the township treasurer and the trustees of
schools of another township that then serves the high school
district if all of the following conditions are met:
        (1) During the same 30-day period, the school board of
    the elementary school district that is seeking withdrawal
    and transfer gives written notice by certified mail, return
    receipt requested, to all of the following: (i) the
    township treasurer and trustees of schools of the township
    from which the district seeks to withdraw; (ii) the
    township treasurer and trustees of schools of the township
    to which the district seeks to transfer; (iii) each school
    district currently subject to the jurisdiction and
    authority of the township treasurer and trustees of schools
    of the township from which the elementary school district
    is seeking to withdraw; and (iv) each school district
    currently subject to the jurisdiction and authority of the
    township treasurer and trustees of schools of the township
    in which the elementary school district is seeking to
    transfer. This notice must set forth the date, time, and
    place of a meeting of the school board of the elementary
    school district that is seeking withdrawal and transfer, to
    be held not more than 90 days before and not less than 60
    days after the date on which the notice is given, at which
    meeting the school board shall consider and vote upon a
    resolution to withdraw from the jurisdiction and authority
    of the township treasurer and the trustees of schools that
    currently serve the elementary school district and
    transfer and otherwise submit to the jurisdiction and
    authority of the township treasurer and the trustees of
    schools of another township that then serves the high
    school district. No notice given under this subdivision (1)
    to the township treasurer and trustees of schools of a
    township shall be deemed sufficient or in compliance with
    the requirements of this subdivision (1) unless each
    required notice is given within the same 30-day period.
        (2) The school board of the elementary school district
    that is seeking withdrawal and transfer, by the affirmative
    vote of at least 5 members of the school board at a school
    board meeting for which notice has been given as required
    by subdivision (1) of this subsection (a), adopts the
    resolution.
        (3) The question of whether to withdraw from the
    jurisdiction and authority of the township treasurer and
    the trustees of schools that currently serve the elementary
    school district and transfer and otherwise submit to the
    jurisdiction and authority of the township treasurer and
    the trustees of schools of another township that then
    serves the high school district is submitted to the
    electors of the elementary school district at a regular
    election and approved by a majority of the electors voting
    on the question. After the resolution has been adopted, the
    school board shall certify the question to the proper
    election authority, which must submit the question at an
    election in accordance with the Election Code. The election
    authority must submit the question in substantially the
    following form:
            Shall the school board of School District Number
        .... be authorized to withdraw from the jurisdiction
        and authority of the township treasurer and the
        trustees of schools of .... Township and transfer and
        otherwise submit to the jurisdiction and authority of
        the township treasurer and the trustees of schools of
        .... Township?
    The election authority shall record the votes as "Yes" or
    "No". If a majority of the electors voting on the question
    vote in the affirmative, then the school board of the
    elementary school district may withdraw from the
    jurisdiction and authority of the township treasurer and
    the trustees of schools that currently serve the elementary
    school district and transfer and otherwise submit to the
    jurisdiction and authority of the township treasurer and
    the trustees of schools of another township that then
    serves the high school district.
    (b) If all of the conditions under subsection (a) of this
Section have been met, then the withdrawal and transfer shall
be effective by operation of law on July 1 of the calendar year
in which the election under subdivision (3) of subsection (a)
of this Section was held.
    (c) Upon the effective date of the transfer of jurisdiction
of the township treasurer and trustees of schools to the
receiving township under this Section, all of the following
shall occur: (i) the receiving trustees of schools, in its
corporate capacity, shall be deemed the successor in interest
to the trustees of schools of the transferring township with
respect to the interest attributable to the school district's
common school lands and township loanable funds of the
township; (ii) all right, title, and interest attributable to
the school district existing or vested in the transferring
trustees of schools in the common school lands and township
loanable funds of the township and all records, moneys,
securities, other assets, rights of property, and causes of
action attributable to the school district pertaining to or
constituting a part of those common school lands or township
loanable funds attributable to the school district shall be
transferred to and deemed vested by operation of law in the
receiving trustees of schools, which shall hold legal title to,
manage, and operate all common school lands and township
loanable funds of the township, receive the rents, issues, and
profits therefrom, and have and exercise with respect thereto
the same powers and duties set forth under this Code to be
exercised by trustees of schools; and (iii) whenever there is
vested in the transferring trustees of schools, at the time
that a transfer is effected under this Section, the legal title
to any school buildings or school sites used or occupied for
school purposes by an elementary school, subject to the
jurisdiction and authority of those trustees of schools at the
time that such transfer is effective, the legal title to those
school buildings and school sites shall be transferred by
operation of law to and invested in the receiving trustees of
schools, the same to be held, sold, exchanged, leased, or
otherwise transferred in accordance with applicable provisions
of this Code.
    (d) In the event that it is necessary to sell or otherwise
dispose of any asset, investment, or security that is in the
name of the school district and other districts not
transferring from the jurisdiction of a township treasurer and
trustees of schools, any fees or costs incurred in such
disposition and any loss in value caused by the early sale or
disposition shall be entirely borne by the school district
transferring from the jurisdiction of a township treasurer and
trustees of schools.
    (e) As provided under Section 2-3.25g of this Code, a
waiver of a mandate established under this Section may not be
requested.
    (f) This Section is repealed on January 1, 2010.
 
    (105 ILCS 5/5-2.1)  (from Ch. 122, par. 5-2.1)
    Sec. 5-2.1. Eligible Voters: For the purposes of this
Article persons who are qualified to vote in school elections
shall be eligible to vote for the trustees of schools who have
jurisdiction over the elementary school district or unit school
district in which the person resides.
    If However, if the application of this Section results in
an elector voting for trustees of a school township in which he
does not reside because the elementary or unit school district
crosses township boundaries and has been assigned to the
jurisdiction of the trustees of an adjoining township, that
elector shall also be eligible to vote for the trustees of the
township within which he resides. Moreover, an elector who
resides in a high school district that crosses township
boundaries and has been assigned to the jurisdiction of the
trustees of an adjoining township shall be eligible to vote for
both the trustees of the township in which he or she resides
and the trustees of the township having jurisdiction over the
high school district in which he or she resides.
(Source: P.A. 85-1435.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2005