99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1507

 

Introduced 2/20/2015, by Sen. Jennifer Bertino-Tarrant

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-62 new
105 ILCS 5/22-60 rep.

    Amends the School Code. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions. Provides that before a school district may lawfully discharge an unfunded mandate, it must hold a public hearing and referendum on the matter; sets forth requirements concerning the hearing and referendum. Requires a school board to report each unfunded mandate it has discharged to the State Board of Education, and requires the State Board to compile and report this information to the General Assembly each year. Repeals a Section of the Code concerning an unfunded mandates prohibition.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-62 as follows:
 
6    (105 ILCS 5/22-62 new)
7    Sec. 22-62. Discharge of unfunded mandates.
8    (a) School districts need not comply with and may discharge
9any mandate or requirement placed on school districts by this
10Code or by administrative rules adopted by the State Board of
11Education that is unfunded.
12    (b) Subsection (a) of this Section does not apply to any of
13the following:
14        (1) Laws and rules pertaining to student health, life,
15    or safety.
16        (2) Federally required mandates, including without
17    limitation compliance with the federal No Child Left Behind
18    Act of 2001 (Public Law 107-110).
19        (3) Laws and rules pertaining to civil rights and
20    protections.
21    (c) Before a school district may lawfully discharge an
22unfunded mandate under subsection (a) of this Section, it must
23hold a public hearing and referendum on the matter. The school

 

 

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1district must post information that sets forth the time, date,
2place, and general subject matter of the public hearing on its
3Internet website at least 14 days prior to the hearing. The
4school district must publish a notice of the public hearing at
5least 7 days prior to the hearing in a newspaper of general
6circulation within the school district that sets forth the
7time, date, place, and general subject matter of the hearing.
8The school district must notify, in writing, the affected
9exclusive collective bargaining agent and those State
10legislators representing the affected territory of its intent
11to discharge an unfunded mandate and of the hearing to be held
12to take testimony from staff. The affected exclusive collective
13bargaining agent must be notified of the public hearing at
14least 7 days prior to the date of the hearing and must be
15allowed to attend the hearing. The school district shall attest
16to compliance with the requirements of this subsection (c).
17    After the public hearing, the question of whether a school
18district may discharge an unfunded mandate must be submitted to
19the electors of the school district at a regular election and
20approved by a majority of the electors voting on the question.
21The school board must certify the question to the proper
22election authority. The election authority must submit the
23question at an election in accordance with the Election Code,
24which election must be at least 6 months after the public
25hearing was held. The election authority must submit the
26question in substantially the following form:
 

 

 

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1    Shall the school board of (name of school district)
2discharge the unfunded mandate or requirement placed on the
3school district by the State concerning (description of the
4mandate or requirement)?
 
5The election authority must record the votes as "Yes" or "No".
6    If a majority of the electors voting on the question vote
7in the affirmative, the school board may discharge the unfunded
8mandate.
9    (d) A school board shall report each unfunded mandate it
10has discharged under this Section to the State Board of
11Education. The State Board shall compile and report this
12information to the General Assembly each year.
 
13    (105 ILCS 5/22-60 rep.)
14    Section 10. The School Code is amended by repealing Section
1522-60.