SB1507 99TH GENERAL ASSEMBLY

LRB099 08682 NHT 28848 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 22-62 as follows:

(105 ILCS 5/22-62 new)

Sec. 22-62. Discharge of unfunded mandates.

(a) School districts need not comply with and may discharge any mandate or requirement placed on school districts by this Code or by administrative rules adopted by the State Board of Education that is unfunded.

(b) Subsection (a) of this Section does not apply to any of the following:

(1) Laws and rules pertaining to student health, life, or safety.

(2) Federally required mandates, including without limitation compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(3) Laws and rules pertaining to civil rights and protections.

(c) Before a school district may lawfully discharge an unfunded mandate under subsection (a) of this Section, it must hold a public hearing and referendum on the matter. The school district must post information that sets forth the time, date, place, and general subject matter of the public hearing on its Internet website at least 14 days prior to the hearing. The school district must publish a notice of the public hearing 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 and those State legislators representing the affected territory of its intent to discharge an unfunded mandate and of the hearing to be held to take testimony from staff. The affected exclusive collective bargaining agent must be notified of the public hearing at least 7 days prior to the date of the hearing and must be allowed to attend the hearing. The school district shall attest to compliance with the requirements of this subsection (c).

After the public hearing, the question of whether a school district may discharge an unfunded mandate must be submitted to the electors of the school district at a regular election and approved by a majority of the electors voting on the question. The school board must certify the question to the proper election authority. The election authority must submit the question at an election in accordance with the Election Code, which election must be at least 6 months after the public hearing was held. The election authority must submit the question in substantially the following form:

Shall the school board of (name of school district) discharge the unfunded mandate or requirement placed on the school district by the State concerning (description of the mandate or requirement)? The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative, the school board may discharge the unfunded mandate.

(d) A school board shall report each unfunded mandate it has discharged under this Section to the State Board of Education. The State Board shall compile and report this information to the General Assembly each year.

(105 ILCS 5/22-60 rep.)

Section 10. The School Code is amended by repealing Section 22-60.