Illinois General Assembly

Previous General Assemblies

Full Text of SB0624  97th General Assembly

SB0624 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0624

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25g  from Ch. 122, par. 2-3.25g

    Amends the School Code. Makes a technical change in a Section concerning waivers of School Code mandates.


LRB097 04374 NHT 44413 b

 

 

A BILL FOR

 

SB0624LRB097 04374 NHT 44413 b

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 changing Section
52-3.25g as follows:
 
6    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
7    Sec. 2-3.25g. Waiver or modification of mandates within the
8School Code and administrative rules and regulations.
9    (a) In this Section:
10        "Board" means a school board or the the governing board
11    or administrative district, as the case may be, for a joint
12    agreement.
13        "Eligible applicant" means a school district, joint
14    agreement made up of school districts, or regional
15    superintendent of schools on behalf of schools and programs
16    operated by the regional office of education.
17        "Implementation date" has the meaning set forth in
18    Section 24A-2.5 of this Code.
19        "State Board" means the State Board of Education.
20    (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

 

 

SB0624- 2 -LRB097 04374 NHT 44413 b

1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance. Waivers may not be
11requested from laws, rules, and regulations pertaining to
12special education, teacher certification, teacher tenure and
13seniority, or Section 5-2.1 of this Code or from compliance
14with the No Child Left Behind Act of 2001 (Public Law 107-110).
15On and after the applicable implementation date, eligible
16applicants may not seek a waiver or seek a modification of a
17mandate regarding the requirements for (i) student performance
18data to be a significant factor in teacher or principal
19evaluations or (ii) for teachers and principals to be rated
20using the 4 categories of "excellent", "proficient", "needs
21improvement", or "unsatisfactory". On the applicable
22implementation date, any previously authorized waiver or
23modification from such requirements shall terminate.
24    (c) Eligible applicants, as a matter of inherent managerial
25policy, and any Independent Authority established under
26Section 2-3.25f may submit an application for a waiver or

 

 

SB0624- 3 -LRB097 04374 NHT 44413 b

1modification authorized under this Section. Each application
2must include a written request by the eligible applicant or
3Independent Authority and must demonstrate that the intent of
4the mandate can be addressed in a more effective, efficient, or
5economical manner or be based upon a specific plan for improved
6student performance and school improvement. Any eligible
7applicant requesting a waiver or modification for the reason
8that intent of the mandate can be addressed in a more
9economical manner shall include in the application a fiscal
10analysis showing current expenditures on the mandate and
11projected savings resulting from the waiver or modification.
12Applications and plans developed by eligible applicants must be
13approved by the board or regional superintendent of schools
14applying on behalf of schools or programs operated by the
15regional office of education following a public hearing on the
16application and plan and the opportunity for the board or
17regional superintendent to hear testimony from staff directly
18involved in its implementation, parents, and students. The time
19period for such testimony shall be separate from the time
20period established by the eligible applicant for public comment
21on other matters. If the applicant is a school district or
22joint agreement requesting a waiver or modification of Section
2327-6 of this Code, the public hearing shall be held on a day
24other than the day on which a regular meeting of the board is
25held. If the applicant is a school district, the public hearing
26must be preceded by at least one published notice occurring at

 

 

SB0624- 4 -LRB097 04374 NHT 44413 b

1least 7 days prior to the hearing in a newspaper of general
2circulation within the school district that sets forth the
3time, date, place, and general subject matter of the hearing.
4If the applicant is a joint agreement or regional
5superintendent, the public hearing must be preceded by at least
6one published notice (setting forth the time, date, place, and
7general subject matter of the hearing) occurring at least 7
8days prior to the hearing in a newspaper of general circulation
9in each school district that is a member of the joint agreement
10or that is served by the educational service region, provided
11that a notice appearing in a newspaper generally circulated in
12more than one school district shall be deemed to fulfill this
13requirement with respect to all of the affected districts. The
14eligible applicant must notify in writing the affected
15exclusive collective bargaining agent and those State
16legislators representing the eligible applicant's territory of
17its intent to seek approval of a waiver or modification and of
18the hearing to be held to take testimony from staff. The
19affected exclusive collective bargaining agents shall be
20notified of such public hearing at least 7 days prior to the
21date of the hearing and shall be allowed to attend such public
22hearing. The eligible applicant shall attest to compliance with
23all of the notification and procedural requirements set forth
24in this Section.
25    (d) A request for a waiver or modification of
26administrative rules and regulations or for a modification of

 

 

SB0624- 5 -LRB097 04374 NHT 44413 b

1mandates contained in this School Code shall be submitted to
2the State Board of Education within 15 days after approval by
3the board or regional superintendent of schools. The
4application as submitted to the State Board of Education shall
5include a description of the public hearing. Following receipt
6of the request, the State Board shall have 45 days to review
7the application and request. If the State Board fails to
8disapprove the application within that 45 day period, the
9waiver or modification shall be deemed granted. The State Board
10may disapprove any request if it is not based upon sound
11educational practices, endangers the health or safety of
12students or staff, compromises equal opportunities for
13learning, or fails to demonstrate that the intent of the rule
14or mandate can be addressed in a more effective, efficient, or
15economical manner or have improved student performance as a
16primary goal. Any request disapproved by the State Board may be
17appealed to the General Assembly by the eligible applicant as
18outlined in this Section.
19    A request for a waiver from mandates contained in this
20School Code shall be submitted to the State Board within 15
21days after approval by the board or regional superintendent of
22schools. The application as submitted to the State Board of
23Education shall include a description of the public hearing.
24The description shall include, but need not be limited to, the
25means of notice, the number of people in attendance, the number
26of people who spoke as proponents or opponents of the waiver, a

 

 

SB0624- 6 -LRB097 04374 NHT 44413 b

1brief description of their comments, and whether there were any
2written statements submitted. The State Board shall review the
3applications and requests for completeness and shall compile
4the requests in reports to be filed with the General Assembly.
5The State Board shall file reports outlining the waivers
6requested by eligible applicants and appeals by eligible
7applicants of requests disapproved by the State Board with the
8Senate and the House of Representatives before each March 1 and
9October 1. The General Assembly may disapprove the report of
10the State Board in whole or in part within 60 calendar days
11after each house of the General Assembly next convenes after
12the report is filed by adoption of a resolution by a record
13vote of the majority of members elected in each house. If the
14General Assembly fails to disapprove any waiver request or
15appealed request within such 60 day period, the waiver or
16modification shall be deemed granted. Any resolution adopted by
17the General Assembly disapproving a report of the State Board
18in whole or in part shall be binding on the State Board.
19    (e) An approved waiver or modification (except a waiver
20from or modification to a physical education mandate) may
21remain in effect for a period not to exceed 5 school years and
22may be renewed upon application by the eligible applicant.
23However, such waiver or modification may be changed within that
245-year period by a board or regional superintendent of schools
25applying on behalf of schools or programs operated by the
26regional office of education following the procedure as set

 

 

SB0624- 7 -LRB097 04374 NHT 44413 b

1forth in this Section for the initial waiver or modification
2request. If neither the State Board of Education nor the
3General Assembly disapproves, the change is deemed granted.
4    An approved waiver from or modification to a physical
5education mandate may remain in effect for a period not to
6exceed 2 school years and may be renewed no more than 2 times
7upon application by the eligible applicant. An approved waiver
8from or modification to a physical education mandate may be
9changed within the 2-year period by the board or regional
10superintendent of schools, whichever is applicable, following
11the procedure set forth in this Section for the initial waiver
12or modification request. If neither the State Board of
13Education nor the General Assembly disapproves, the change is
14deemed granted.
15    (f) (Blank).
16(Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10;
1796-1423, eff. 8-3-10.)