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Full Text of HB1264  100th General Assembly

HB1264 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1264

 

Introduced , by Rep. Michael J. Madigan

 

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.


LRB100 02972 NHT 12977 b

 

 

A BILL FOR

 

HB1264LRB100 02972 NHT 12977 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 governing board or
11    administrative district, as the the case may be, for a
12    joint 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

 

 

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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 educator licensure, teacher tenure
13and seniority, or Section 5-2.1 of this Code or from compliance
14with the No Child Left Behind Act of 2001 (Public Law 107-110).
15Eligible applicants may not seek a waiver or seek a
16modification of a mandate regarding the requirements for (i)
17student performance data to be a significant factor in teacher
18or principal evaluations or (ii) teachers and principals to be
19rated using the 4 categories of "excellent", "proficient",
20"needs improvement", or "unsatisfactory". On September 1,
212014, any previously authorized waiver or modification from
22such requirements shall terminate.
23    (c) Eligible applicants, as a matter of inherent managerial
24policy, and any Independent Authority established under
25Section 2-3.25f-5 of this Code may submit an application for a
26waiver or modification authorized under this Section. Each

 

 

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1application must include a written request by the eligible
2applicant or Independent Authority and must demonstrate that
3the intent of the mandate can be addressed in a more effective,
4efficient, or economical manner or be based upon a specific
5plan for improved student performance and school improvement.
6Any eligible applicant requesting a waiver or modification for
7the reason that intent of the mandate can be addressed in a
8more economical manner shall include in the application a
9fiscal analysis showing current expenditures on the mandate and
10projected savings resulting from the waiver or modification.
11Applications and plans developed by eligible applicants must be
12approved by the board or regional superintendent of schools
13applying on behalf of schools or programs operated by the
14regional office of education following a public hearing on the
15application and plan and the opportunity for the board or
16regional superintendent to hear testimony from staff directly
17involved in its implementation, parents, and students. The time
18period for such testimony shall be separate from the time
19period established by the eligible applicant for public comment
20on other matters. If the applicant is a school district or
21joint agreement requesting a waiver or modification of Section
2227-6 of this Code, the public hearing shall be held on a day
23other than the day on which a regular meeting of the board is
24held.
25    (c-5) If the applicant is a school district, then the
26district shall post information that sets forth the time, date,

 

 

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1place, and general subject matter of the public hearing on its
2Internet website at least 14 days prior to the hearing. If the
3district is requesting to increase the fee charged for driver
4education authorized pursuant to Section 27-24.2 of this Code,
5the website information shall include the proposed amount of
6the fee the district will request. All school districts must
7publish a notice of the public hearing at least 7 days prior to
8the hearing in a newspaper of general circulation within the
9school district that sets forth the time, date, place, and
10general subject matter of the hearing. Districts requesting to
11increase the fee charged for driver education shall include in
12the published notice the proposed amount of the fee the
13district will request. If the applicant is a joint agreement or
14regional superintendent, then the joint agreement or regional
15superintendent shall post information that sets forth the time,
16date, place, and general subject matter of the public hearing
17on its Internet website at least 14 days prior to the hearing.
18If the joint agreement or regional superintendent is requesting
19to increase the fee charged for driver education authorized
20pursuant to Section 27-24.2 of this Code, the website
21information shall include the proposed amount of the fee the
22applicant will request. All joint agreements and regional
23superintendents must publish a notice of the public hearing at
24least 7 days prior to the hearing in a newspaper of general
25circulation in each school district that is a member of the
26joint agreement or that is served by the educational service

 

 

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1region that sets forth the time, date, place, and general
2subject matter of the hearing, provided that a notice appearing
3in a newspaper generally circulated in more than one school
4district shall be deemed to fulfill this requirement with
5respect to all of the affected districts. Joint agreements or
6regional superintendents requesting to increase the fee
7charged for driver education shall include in the published
8notice the proposed amount of the fee the applicant will
9request. The eligible applicant must notify in writing the
10affected exclusive collective bargaining agent and those State
11legislators representing the eligible applicant's territory of
12its intent to seek approval of a waiver or modification and of
13the hearing to be held to take testimony from staff. The
14affected exclusive collective bargaining agents shall be
15notified of such public hearing at least 7 days prior to the
16date of the hearing and shall be allowed to attend such public
17hearing. The eligible applicant shall attest to compliance with
18all of the notification and procedural requirements set forth
19in this Section.
20    (d) A request for a waiver or modification of
21administrative rules and regulations or for a modification of
22mandates contained in this School Code shall be submitted to
23the State Board of Education within 15 days after approval by
24the board or regional superintendent of schools. The
25application as submitted to the State Board of Education shall
26include a description of the public hearing. Except with

 

 

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1respect to contracting for adaptive driver education, an
2eligible applicant wishing to request a modification or waiver
3of administrative rules of the State Board of Education
4regarding contracting with a commercial driver training school
5to provide the course of study authorized under Section 27-24.2
6of this Code must provide evidence with its application that
7the commercial driver training school with which it will
8contract holds a license issued by the Secretary of State under
9Article IV of Chapter 6 of the Illinois Vehicle Code and that
10each instructor employed by the commercial driver training
11school to provide instruction to students served by the school
12district holds a valid teaching certificate or teaching
13license, as applicable, issued under the requirements of this
14Code and rules of the State Board of Education. Such evidence
15must include, but need not be limited to, a list of each
16instructor assigned to teach students served by the school
17district, which list shall include the instructor's name,
18personal identification number as required by the State Board
19of Education, birth date, and driver's license number. If the
20modification or waiver is granted, then the eligible applicant
21shall notify the State Board of Education of any changes in the
22personnel providing instruction within 15 calendar days after
23an instructor leaves the program or a new instructor is hired.
24Such notification shall include the instructor's name,
25personal identification number as required by the State Board
26of Education, birth date, and driver's license number. If a

 

 

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1school district maintains an Internet website, then the
2district shall post a copy of the final contract between the
3district and the commercial driver training school on the
4district's Internet website. If no Internet website exists,
5then the district shall make available the contract upon
6request. A record of all materials in relation to the
7application for contracting must be maintained by the school
8district and made available to parents and guardians upon
9request. The instructor's date of birth and driver's license
10number and any other personally identifying information as
11deemed by the federal Driver's Privacy Protection Act of 1994
12must be redacted from any public materials. Following receipt
13of the waiver or modification request, the State Board shall
14have 45 days to review the application and request. If the
15State Board fails to disapprove the application within that 45
16day period, the waiver or modification shall be deemed granted.
17The State Board may disapprove any request if it is not based
18upon sound educational practices, endangers the health or
19safety of students or staff, compromises equal opportunities
20for learning, or fails to demonstrate that the intent of the
21rule or mandate can be addressed in a more effective,
22efficient, or economical manner or have improved student
23performance as a primary goal. Any request disapproved by the
24State Board may be appealed to the General Assembly by the
25eligible applicant as outlined in this Section.
26    A request for a waiver from mandates contained in this

 

 

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1School Code shall be submitted to the State Board within 15
2days after approval by the board or regional superintendent of
3schools. The application as submitted to the State Board of
4Education shall include a description of the public hearing.
5The description shall include, but need not be limited to, the
6means of notice, the number of people in attendance, the number
7of people who spoke as proponents or opponents of the waiver, a
8brief description of their comments, and whether there were any
9written statements submitted. The State Board shall review the
10applications and requests for completeness and shall compile
11the requests in reports to be filed with the General Assembly.
12The State Board shall file reports outlining the waivers
13requested by eligible applicants and appeals by eligible
14applicants of requests disapproved by the State Board with the
15Senate and the House of Representatives before each March 1 and
16October 1. The General Assembly may disapprove the report of
17the State Board in whole or in part within 60 calendar days
18after each house of the General Assembly next convenes after
19the report is filed by adoption of a resolution by a record
20vote of the majority of members elected in each house. If the
21General Assembly fails to disapprove any waiver request or
22appealed request within such 60 day period, the waiver or
23modification shall be deemed granted. Any resolution adopted by
24the General Assembly disapproving a report of the State Board
25in whole or in part shall be binding on the State Board.
26    (e) An approved waiver or modification (except a waiver

 

 

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1from or modification to a physical education mandate) may
2remain in effect for a period not to exceed 5 school years and
3may be renewed upon application by the eligible applicant.
4However, such waiver or modification may be changed within that
55-year period by a board or regional superintendent of schools
6applying on behalf of schools or programs operated by the
7regional office of education following the procedure as set
8forth in this Section for the initial waiver or modification
9request. If neither the State Board of Education nor the
10General Assembly disapproves, the change is deemed granted.
11    An approved waiver from or modification to a physical
12education mandate may remain in effect for a period not to
13exceed 2 school years and may be renewed no more than 2 times
14upon application by the eligible applicant. An approved waiver
15from or modification to a physical education mandate may be
16changed within the 2-year period by the board or regional
17superintendent of schools, whichever is applicable, following
18the procedure set forth in this Section for the initial waiver
19or modification request. If neither the State Board of
20Education nor the General Assembly disapproves, the change is
21deemed granted.
22    (f) (Blank).
23(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
2498-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)