Sen. Linda Holmes

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1189

2    AMENDMENT NO. ______. Amend Senate Bill 1189 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Legislative findings. The General Assembly
5finds all of the following:
6        (1) Every child in this State is entitled to a
7    comprehensive, equitable, and inclusive public education
8    and this entitlement must include physical education
9    programming that meets the recommendations from the
10    Centers for Disease Control and Prevention and other
11    research entities.
12        (2) Students who engage in daily, quality physical
13    education tend to have better grades, school attendance,
14    cognitive performance, and classroom behaviors.
15        (3) Physical education students who exercise at a
16    moderate to vigorous level (i) release dopamine that
17    improves focus, (ii) release serotonin that improves mood,

 

 

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1    (iii) release norepinephrine that improves attention and
2    motivation, (iv) release brain-derived neurotrophic
3    factors and other hormones to help grow brain cells and
4    provide mental clarity, and (v) grow the hippocampus over
5    time with regular exercise.
6        (4) Physical education benefits students by (i)
7    increasing their level of physical activity and levels of
8    fitness, (ii) improving their grades and standardized test
9    scores, (iii) helping them stay on-task in the classroom,
10    and (iv) allowing them to practice and improve their social
11    and emotional learning skills in non-threatening and
12    authentic situations.
13        (5) Increasing time spent in physical education does
14    not negatively affect a student's academic achievement and
15    may even improve it.
 
16    Section 5. The School Code is amended by changing Sections
172-3.25g and 27-6 as follows:
 
18    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
19    Sec. 2-3.25g. Waiver or modification of mandates within the
20School Code and administrative rules and regulations.
21    (a) In this Section:
22        "Board" means a school board or the governing board or
23    administrative district, as the case may be, for a joint
24    agreement.

 

 

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1        "Eligible applicant" means a school district, joint
2    agreement made up of school districts, or regional
3    superintendent of schools on behalf of schools and programs
4    operated by the regional office of education.
5        "Implementation date" has the meaning set forth in
6    Section 24A-2.5 of this Code.
7        "State Board" means the State Board of Education.
8    (b) Notwithstanding any other provisions of this School
9Code or any other law of this State to the contrary, eligible
10applicants may petition the State Board of Education for the
11waiver or modification of the mandates of this School Code or
12of the administrative rules and regulations promulgated by the
13State Board of Education. Waivers or modifications of
14administrative rules and regulations and modifications of
15mandates of this School Code may be requested when an eligible
16applicant demonstrates that it can address the intent of the
17rule or mandate in a more effective, efficient, or economical
18manner or when necessary to stimulate innovation or improve
19student performance. Waivers of mandates of the School Code may
20be requested when the waivers are necessary to stimulate
21innovation or improve student performance or when the applicant
22demonstrates that it can address the intent of the mandate of
23the School Code in a more effective, efficient, or economical
24manner. Waivers may not be requested from laws, rules, and
25regulations pertaining to special education, teacher educator
26licensure, teacher tenure and seniority, or Section 5-2.1 of

 

 

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1this Code or from compliance with the Every Student Succeeds
2Act (Public Law 114-95). Eligible applicants may not seek a
3waiver or seek a modification of a mandate regarding the
4requirements for (i) student performance data to be a
5significant factor in teacher or principal evaluations or (ii)
6teachers and principals to be rated using the 4 categories of
7"excellent", "proficient", "needs improvement", or
8"unsatisfactory". On September 1, 2014, any previously
9authorized waiver or modification from such requirements shall
10terminate.
11    (c) Eligible applicants, as a matter of inherent managerial
12policy, and any Independent Authority established under
13Section 2-3.25f-5 of this Code may submit an application for a
14waiver or modification authorized under this Section. Each
15application must include a written request by the eligible
16applicant or Independent Authority and must demonstrate that
17the intent of the mandate can be addressed in a more effective,
18efficient, or economical manner or be based upon a specific
19plan for improved student performance and school improvement.
20Any eligible applicant requesting a waiver or modification for
21the reason that intent of the mandate can be addressed in a
22more economical manner shall include in the application a
23fiscal analysis showing current expenditures on the mandate and
24projected savings resulting from the waiver or modification.
25Applications and plans developed by eligible applicants must be
26approved by the board or regional superintendent of schools

 

 

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1applying on behalf of schools or programs operated by the
2regional office of education following a public hearing on the
3application and plan and the opportunity for the board or
4regional superintendent to hear testimony from staff directly
5involved in its implementation, parents, and students. The time
6period for such testimony shall be separate from the time
7period established by the eligible applicant for public comment
8on other matters.
9    (c-5) If the applicant is a school district, then the
10district shall post information that sets forth the time, date,
11place, and general subject matter of the public hearing on its
12Internet website at least 14 days prior to the hearing. If the
13district is requesting to increase the fee charged for driver
14education authorized pursuant to Section 27-24.2 of this Code,
15the website information shall include the proposed amount of
16the fee the district will request. All school districts must
17publish a notice of the public hearing at least 7 days prior to
18the hearing in a newspaper of general circulation within the
19school district that sets forth the time, date, place, and
20general subject matter of the hearing. Districts requesting to
21increase the fee charged for driver education shall include in
22the published notice the proposed amount of the fee the
23district will request. If the applicant is a joint agreement or
24regional superintendent, then the joint agreement or regional
25superintendent shall post information that sets forth the time,
26date, place, and general subject matter of the public hearing

 

 

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1on its Internet website at least 14 days prior to the hearing.
2If the joint agreement or regional superintendent is requesting
3to increase the fee charged for driver education authorized
4pursuant to Section 27-24.2 of this Code, the website
5information shall include the proposed amount of the fee the
6applicant will request. All joint agreements and regional
7superintendents must publish a notice of the public hearing at
8least 7 days prior to the hearing in a newspaper of general
9circulation in each school district that is a member of the
10joint agreement or that is served by the educational service
11region that sets forth the time, date, place, and general
12subject matter of the hearing, provided that a notice appearing
13in a newspaper generally circulated in more than one school
14district shall be deemed to fulfill this requirement with
15respect to all of the affected districts. Joint agreements or
16regional superintendents requesting to increase the fee
17charged for driver education shall include in the published
18notice the proposed amount of the fee the applicant will
19request. The eligible applicant must notify either
20electronically or in writing the affected exclusive collective
21bargaining agent and those State legislators representing the
22eligible applicant's territory of its intent to seek approval
23of a waiver or modification and of the hearing to be held to
24take testimony from staff. The affected exclusive collective
25bargaining agents shall be notified of such public hearing at
26least 7 days prior to the date of the hearing and shall be

 

 

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1allowed to attend such public hearing. The eligible applicant
2shall attest to compliance with all of the notification and
3procedural requirements set forth in this Section.
4    (d) A request for a waiver or modification of
5administrative rules and regulations or for a modification of
6mandates contained in this School Code shall be submitted to
7the State Board of Education within 15 days after approval by
8the board or regional superintendent of schools. The
9application as submitted to the State Board of Education shall
10include a description of the public hearing. Following receipt
11of the waiver or modification request, the State Board shall
12have 45 days to review the application and request. If the
13State Board fails to disapprove the application within that
1445-day 45 day period, the waiver or modification shall be
15deemed granted. The State Board may disapprove any request if
16it is not based upon sound educational practices, endangers the
17health or safety of students or staff, compromises equal
18opportunities for learning, or fails to demonstrate that the
19intent of the rule or mandate can be addressed in a more
20effective, efficient, or economical manner or have improved
21student performance as a primary goal. Any request disapproved
22by the State Board may be appealed to the General Assembly by
23the eligible applicant as outlined in this Section.
24    A request for a waiver from mandates contained in this
25School Code shall be submitted to the State Board within 15
26days after approval by the board or regional superintendent of

 

 

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1schools. The application as submitted to the State Board of
2Education shall include a description of the public hearing.
3The description shall include, but need not be limited to, the
4means of notice, the number of people in attendance, the number
5of people who spoke as proponents or opponents of the waiver, a
6brief description of their comments, and whether there were any
7written statements submitted. The State Board shall review the
8applications and requests for completeness and shall compile
9the requests in reports to be filed with the General Assembly.
10The State Board shall file reports outlining the waivers
11requested by eligible applicants and appeals by eligible
12applicants of requests disapproved by the State Board with the
13Senate and the House of Representatives before each March 1 and
14October 1.
15    The report shall be reviewed by a panel of 4 members
16consisting of:
17        (1) the Speaker of the House of Representatives;
18        (2) the Minority Leader of the House of
19    Representatives;
20        (3) the President of the Senate; and
21        (4) the Minority Leader of the Senate.
22The State Board of Education may provide the panel
23recommendations on waiver requests. The members of the panel
24shall review the report submitted by the State Board of
25Education and submit to the State Board of Education any notice
26of further consideration to any waiver request within 14 days

 

 

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1after the member receives the report. If 3 or more of the panel
2members submit a notice of further consideration to any waiver
3request contained within the report, the State Board of
4Education shall submit the waiver request to the General
5Assembly for consideration. If less than 3 panel members submit
6a notice of further consideration to a waiver request, the
7waiver may be approved, denied, or modified by the State Board.
8If the State Board does not act on a waiver request within 10
9days, then the waiver request is approved. If the waiver
10request is denied by the State Board, it shall submit the
11waiver request to the General Assembly for consideration.
12    The General Assembly may disapprove any waiver request
13submitted to the General Assembly pursuant to this subsection
14(d) in whole or in part within 60 calendar days after each
15house of the General Assembly next convenes after the waiver
16request is submitted by adoption of a resolution by a record
17vote of the majority of members elected in each house. If the
18General Assembly fails to disapprove any waiver request or
19appealed request within such 60-day 60 day period, the waiver
20or modification shall be deemed granted. Any resolution adopted
21by the General Assembly disapproving a report of the State
22Board in whole or in part shall be binding on the State Board.
23    (e) Except for a waiver from or modification to a physical
24education mandate, an An approved waiver or modification may
25remain in effect for a period not to exceed 5 school years and
26may be renewed upon application by the eligible applicant.

 

 

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1However, such waiver or modification may be changed within that
25-year period by a board or regional superintendent of schools
3applying on behalf of schools or programs operated by the
4regional office of education following the procedure as set
5forth in this Section for the initial waiver or modification
6request. If neither the State Board of Education nor the
7General Assembly disapproves, the change is deemed granted.
8    An approved waiver from or modification to a physical
9education mandate in an elementary school, middle school, or
10junior high school may remain in effect for a period not to
11exceed 2 school years and may be renewed no more than 2 times
12upon application by the eligible applicant. If, during the time
13of the waiver, the school district is placed on the financial
14early warning or financial watch list by the State Board of
15Education, the school district may continue the waiver until it
16has been removed from that list for a minimum of one year. An
17approved waiver from or modification to a physical education
18mandate may be changed within the 2-year period by the board or
19regional superintendent of schools, whichever is applicable,
20following the procedure set forth in this Section for the
21initial waiver or modification request. If neither the State
22Board of Education nor the General Assembly disapproves, the
23change is deemed granted.
24    (f) (Blank).
25(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17;
26100-782, eff. 1-1-19; revised 10-1-18.)
 

 

 

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1    (105 ILCS 5/27-6)  (from Ch. 122, par. 27-6)
2    Sec. 27-6. Courses in physical education required; special
3activities.
4    (a) Pupils enrolled in the public schools and State
5universities engaged in preparing teachers shall be required to
6engage during the school day, except on block scheduled days
7for those public schools engaged in block scheduling, in
8courses of physical education for such periods as are
9compatible with the optimum growth and developmental needs of
10individuals at the various age levels except when appropriate
11excuses are submitted to the school by a pupil's parent or
12guardian or by a person licensed under the Medical Practice Act
13of 1987 and except as provided in subsection (b) of this
14Section. A school board may determine the schedule or frequency
15of physical education courses, provided that an elementary
16school pupil shall engage in a course of physical education for
17a minimum of 150 minutes per week, a middle school or junior
18high school pupil shall engage in a course of physical
19education for a minimum of 225 minutes per week, and a high
20school pupil shall engage engages in a course of physical
21education for a minimum of 3 days per 5-day week. However, if a
22student non-attendance day is scheduled for a day that would
23otherwise include a physical education class or if the school
24building is not otherwise open to students on a day that would
25otherwise include a physical education class, a student is not

 

 

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1required to make up the minutes from that class. In this
2subsection, "student non-attendance day" means a day in which
3no students are present or engaged in learning, as defined by
4the school district.
5    Special activities in physical education shall be provided
6for pupils whose physical or emotional condition, as determined
7by a person licensed under the Medical Practice Act of 1987,
8prevents their participation in the courses provided for normal
9children.
10    (b) A school board is authorized to excuse pupils enrolled
11in grades 11 and 12 from engaging in physical education courses
12if those pupils request to be excused for any of the following
13reasons: (1) for ongoing participation in an interscholastic
14athletic program; (2) to enroll in academic classes which are
15required for admission to an institution of higher learning,
16provided that failure to take such classes will result in the
17pupil being denied admission to the institution of his or her
18choice; or (3) to enroll in academic classes which are required
19for graduation from high school, provided that failure to take
20such classes will result in the pupil being unable to graduate.
21A school board may also excuse pupils in grades 9 through 12
22enrolled in a marching band program for credit from engaging in
23physical education courses if those pupils request to be
24excused for ongoing participation in such marching band
25program. A school board may also, on a case-by-case basis,
26excuse pupils in grades 7 through 12 who participate in an

 

 

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1interscholastic or extracurricular athletic program from
2engaging in physical education courses. In addition, a pupil in
3any of grades 3 through 12 who is eligible for special
4education may be excused if the pupil's parent or guardian
5agrees that the pupil must utilize the time set aside for
6physical education to receive special education support and
7services or, if there is no agreement, the individualized
8education program team for the pupil determines that the pupil
9must utilize the time set aside for physical education to
10receive special education support and services, which
11agreement or determination must be made a part of the
12individualized education program. However, a pupil requiring
13adapted physical education must receive that service in
14accordance with the individualized education program developed
15for the pupil. If requested, a school board is authorized to
16excuse a pupil from engaging in a physical education course if
17the pupil has an individualized educational program under
18Article 14 of this Code, is participating in an adaptive
19athletic program outside of the school setting, and documents
20such participation as determined by the school board. A school
21board may also excuse pupils in grades 9 through 12 enrolled in
22a Reserve Officer's Training Corps (ROTC) program sponsored by
23the school district from engaging in physical education
24courses. School boards which choose to exercise this authority
25shall establish a policy to excuse pupils on an individual
26basis.

 

 

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1    (c) The provisions of this Section are subject to the
2provisions of Section 27-22.05.
3(Source: P.A. 100-465, eff. 8-31-17.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52020.".