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90_HB2574 105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g 105 ILCS 5/14-0.05 new Amends the School Code. Allows waivers from rules and regulations pertaining to special education to be requested (instead of prohibiting the request). Repeals all rules and regulations adopted and promulgated by the State Board of Education to administer or implement certain provisions of the School Code concerning children with disabilities and requires the State Board of education to adopt and promulgate new administrative rules and regulations. Requires the rules and regulations to be streamlined and not impose requirements or mandates on local school districts with respect to special education for children with disabilities beyond federal requirements. LRB9009074NTsb LRB9009074NTsb 1 AN ACT to amend the School Code by changing Section 2 2-3.25g and adding Section 14-0.05. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Section 2-3.25g and adding Section 14-0.05 as follows: 7 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) 8 Sec. 2-3.25g. Waiver or modification of mandates within 9 the School Code and administrative rules and regulations. 10 Notwithstanding any other provisions of this School Code or 11 any other law of this State to the contrary, school districts 12 may petition the State Board of Education for the waiver or 13 modification of the mandates of this School Code or of the 14 administrative rules and regulations promulgated by the State 15 Board of Education. Waivers or modifications of 16 administrative rules and regulations and modifications of 17 mandates of this School Code may be requested when a school 18 district demonstrates that it can address the intent of the 19 rule or mandate in a more effective, efficient, or economical 20 manner or when necessary to stimulate innovation or improve 21 student performance. Waivers of mandates of the School Code 22 may be requested when the waivers are necessary to stimulate 23 innovation or improve student performance. Waivers may not 24 be requested from laws
, rules, and regulationspertaining to 25 special education or from laws, rules, or regulations 26 pertaining to ,teacher certification ,or teacher tenure and 27 seniority. 28 School districts, as a matter of inherent managerial 29 policy, and any Independent Authority established under 30 Section 2-3.25f may submit an application for a waiver or 31 modification authorized under this Section. Each application -2- LRB9009074NTsb 1 must include a written request by the school district or 2 Independent Authority and must demonstrate that the intent of 3 the mandate can be addressed in a more effective, efficient, 4 or economical manner or be based upon a specific plan for 5 improved student performance and school improvement. Any 6 district requesting a waiver or modification for the reason 7 that intent of the mandate can be addressed in a more 8 economical manner shall include in the application a fiscal 9 analysis showing current expenditures on the mandate and 10 projected savings resulting from the waiver or modification. 11 Applications and plans developed by school districts must be 12 approved by each board of education following a public 13 hearing on the application and plan and the opportunity for 14 the board to hear testimony from educators directly involved 15 in its implementation, parents, and students. The public 16 hearing must be preceded by at least one published notice 17 occurring at least 7 days prior to the hearing in a newspaper 18 of general circulation within the school district that sets 19 forth the time, date, place, and general subject matter of 20 the hearing. The school district must notify in writing the 21 affected exclusive collective bargaining agent of the 22 district's intent to seek approval of a waiver or 23 modification and of the hearing to be held to take testimony 24 from educators. The affected exclusive collective bargaining 25 agents shall be notified of such public hearing at least 7 26 days prior to the date of the hearing and shall be allowed to 27 attend such public hearing. 28 A request for a waiver or modification of administrative 29 rules and regulations or for a modification of mandates 30 contained in this School Code shall be submitted to the State 31 Board of Education within 15 days after approval by the board 32 of education. Following receipt of the request, the State 33 Board shall have 45 days to review the application and 34 request. If the State Board fails to disapprove the -3- LRB9009074NTsb 1 application within that 45 day period, the waiver or 2 modification shall be deemed granted. The State Board may 3 disapprove any request if it is not based upon sound 4 educational practices, endangers the health or safety of 5 students or staff, compromises equal opportunities for 6 learning, or fails to demonstrate that the intent of the rule 7 or mandate can be addressed in a more effective, efficient, 8 or economical manner or have improved student performance as 9 a primary goal. Any request disapproved by the State Board 10 may be appealed to the General Assembly by the requesting 11 school district as outlined in this Section. 12 A request for a waiver from mandates contained in this 13 School Code shall be submitted to the State Board within 15 14 days after approval by the board of education. The State 15 Board shall review the applications and requests for 16 completeness and shall compile the requests in reports to be 17 filed with the General Assembly. The State Board shall file 18 reports outlining the waivers requested by school districts 19 and appeals by school districts of requests disapproved by 20 the State Board with the Senate and the House of 21 Representatives before each May 1 and October 1. The General 22 Assembly may disapprove the report of the State Board in 23 whole or in part within 30 calendar days after each house of 24 the General Assembly next convenes after the report is filed 25 by adoption of a resolution by a record vote of the majority 26 of members elected in each house. If the General Assembly 27 fails to disapprove any waiver request or appealed request 28 within such 30 day period, the waiver or modification shall 29 be deemed granted. Any resolution adopted by the General 30 Assembly disapproving a report of the State Board in whole or 31 in part shall be binding on the State Board. 32 An approved waiver or modification may remain in effect 33 for a period not to exceed 5 school years and may be renewed 34 upon application by the school district. However, such waiver -4- LRB9009074NTsb 1 or modification may be changed within that 5-year period by a 2 local school district board following the procedure as set 3 forth in this Section for the initial waiver or modification 4 request. If neither the State Board of Education nor the 5 General Assembly disapproves, the change is deemed granted. 6 On or before February 1, 1998, and each year thereafter, 7 the State Board of Education shall submit a cumulative report 8 summarizing all types of waiver mandates and modifications of 9 mandates granted by the State Board or the General Assembly. 10 The report shall identify the topic of the waiver along with 11 the number and percentage of school districts for which the 12 waiver has been granted. The report shall also include any 13 recommendations from the State Board regarding the repeal or 14 ofmodification of waived mandates. 15 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62, 16 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.) 17 (105 ILCS 5/14-0.05 new) 18 Sec. 14-0.05. Rules and regulations. 19 (a) The State Board of Education shall adopt and 20 promulgate, in accordance with law and to take effect on or 21 before December 31, 1999, new administrative rules and 22 regulations to administer and implement the provisions of 23 this Article and other provisions of this Code pertaining to 24 special education for children with disabilities. Those 25 rules and regulations: (i) shall replace the rules and 26 regulations that are repealed under subsection (b), and (ii) 27 shall be streamlined and shall not impose requirements or 28 mandates on local school districts with respect to special 29 education for children with disabilities beyond the 30 requirements that are imposed for those purposes by 31 applicable federal law and regulations. 32 (b) All rules and regulations adopted and promulgated by 33 the State Board of Education before the effective date of -5- LRB9009074NTsb 1 this amendatory Act of 1998 to administer or implement the 2 provisions of this Article or other provisions of this Code 3 pertaining to special education for children with 4 disabilities, and all rules and regulations adopted and 5 promulgated by the State Board of Education for those 6 purposes on or after that effective date other than those 7 adopted and promulgated under subsection (a) for the purpose 8 of replacing rules and regulations therefore adopted by the 9 State Board of Education, are repealed effective December 31, 10 1999.
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