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92_SB0905 LRB9200629NTsb 1 AN ACT to amend the School Code by changing Section 2 2-3.25g. 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 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 regulations pertaining to 25 special education, teacher certification, or teacher tenure 26 and seniority. 27 School districts, as a matter of inherent managerial 28 policy, and any Independent Authority established under 29 Section 2-3.25f may submit an application for a waiver or 30 modification authorized under this Section. Each application 31 must include a written request by the school district or -2- LRB9200629NTsb 1 Independent Authority and must demonstrate that the intent of 2 the mandate can be addressed in a more effective, efficient, 3 or economical manner or be based upon a specific plan for 4 improved student performance and school improvement. Any 5 district requesting a waiver or modification for the reason 6 that intent of the mandate can be addressed in a more 7 economical manner shall include in the application a fiscal 8 analysis showing current expenditures on the mandate and 9 projected savings resulting from the waiver or modification. 10 Applications and plans developed by school districts must be 11 approved by each board of education following a public 12 hearing on the application and plan and the opportunity for 13 the board to hear testimony from educators directly involved 14 in its implementation, parents, and students. Such public 15 hearing shall be held on a day other than the day on which a 16 regular meeting of the board is held. The public hearing 17 must be preceded by at least one published notice occurring 18 at least 7 days prior to the hearing in a newspaper of 19 general circulation within the school district that sets 20 forth the time, date, place, and general subject matter of 21 the hearing. The school district must notify in writing the 22 affected exclusive collective bargaining agent and those 23 State legislators representing the district holding the 24 public hearing of the district's intent to seek approval of a 25 waiver or modification and of the hearing to be held to take 26 testimony from educators. The affected exclusive collective 27 bargaining agents shall be notified of such public hearing at 28 least 7 days prior to the date of the hearing and shall be 29 allowed to attend such public hearing. The district shall 30 attest to compliance with all of the notification and 31 procedural requirements set forth in this Section. 32 A request for a waiver or modification of administrative 33 rules and regulations or for a modification of mandates 34 contained in this School Code shall be submitted to the State -3- LRB9200629NTsb 1 Board of Education within 15 days after approval by the board 2 of education. The application as submitted to the State 3 Board of Education shall include a description of the public 4 hearing. Following receipt of the request, the State Board 5 shall have 45 days to review the application and request. If 6 the State Board fails to disapprove the application within 7 that 45 day period, the waiver or modification shall be 8 deemed granted. The State Board may disapprove any request 9 if it is not based upon sound educational practices, 10 endangers the health or safety of students or staff, 11 compromises equal opportunities for learning, or fails to 12 demonstrate that the intent of the rule or mandate can be 13 addressed in a more effective, efficient, or economical 14 manner or have improved student performance as a primary 15 goal. Any request disapproved by the State Board may be 16 appealed to the General Assembly by the requesting school 17 district as outlined in this Section. 18 A request for a waiver from mandates contained in this 19 School Code shall be submitted to the State Board within 15 20 days after approval by the board of education. The 21 application as submitted to the State Board of Education 22 shall include a description of the public hearing. The 23 description shall include, but need not be limited to, the 24 means of notice, the number of people in attendance, the 25 number of people who spoke as proponents or opponents of the 26 waiver, a brief description of their comments, and whether 27 there were any written statements submitted. The State Board 28 shall review the applications and requests for completeness 29 and shall compile the requests in reports to be filed with 30 the General Assembly. The State Board shall file reports 31 outlining the waivers requested by school districts and 32 appeals by school districts of requests disapproved by the 33 State Board with the Senate and the House of Representatives 34 before each May 1 and October 1. The General Assembly may -4- LRB9200629NTsb 1 disapprove the report of the State Board in whole or in part 2 within 30 calendar days after each house of the General 3 Assembly next convenes after the report is filed by adoption 4 of a resolution by a record vote of the majority of members 5 elected in each house. If the General Assembly fails to 6 disapprove any waiver request or appealed request within such 7 30 day period, the waiver or modification shall be deemed 8 granted. Any resolution adopted by the General Assembly 9 disapproving a report of the State Board in whole or in part 10 shall be binding on the State Board. 11 An approved waiver or modification may remain in effect 12 for a period not to exceed 5 school years and may be renewed 13 upon application by the school district. However, such waiver 14 or modification may be changed within that 5-year period by a 15 local school district board following the procedure as set 16 forth in this Section for the initial waiver or modification 17 request. If neither the State Board of Education nor the 18 General Assembly disapproves, the change is deemed granted. 19 On or before February 1, 1998, and each year thereafter, 20 the State Board of Education shall submit a cumulative report 21 summarizing all types of waiver mandates and modifications of 22 mandates granted by the State Board or the General Assembly. 23 The report shall identify the topic of the waiver along with 24 the number and percentage of school districts for which the 25 waiver has been granted. The report shall also include any 26 recommendations from the State Board regarding the repeal or 27 modification of waived mandates. 28 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62, 29 eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.
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