Public Act 90-0062 of the 90th General Assembly
Public Act 90-0062
SB876 Enrolled LRB9002187THpk
AN ACT to amend the School Code by changing Section
2-3.25g.
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
Section 2-3.25g 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.
Notwithstanding any other provisions of this School Code or
any other law of this State to the contrary, school districts
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 a school
district 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.
School districts, 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 school district 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
district 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 school districts must be
approved by each board of education following a public
hearing on the application and plan and the opportunity for
the board to hear testimony from educators directly involved
in its implementation, parents, and students. 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. The school district must notify in writing the
affected exclusive collective bargaining agent of the
district's 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 allowed to attend such public hearing.
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
of education. 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 requesting
school district 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 of education. The State
Board shall review the applications and requests for
completeness and shall compile the requests in reports to be
filed within the General Assembly. The State Board shall
file reports outlining the waivers requested by school
districts and appeals by school districts of requests
disapproved by the State Board with the Senate, the House of
Representatives, and the Secretary of State before October 1,
1995, and thereafter 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 legislature 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.
An approved waiver or modification may remain in effect
for a period not to exceed five school years and may be
renewed upon application by the school district.
On or before February 1, 1998, and each year thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver 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 school districts for which the
waiver has been granted. The report shall also include any
recommendations from the State Board regarding the repeal of
modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.