Public Act 93-0557

SB206 Enrolled                       LRB093 07441 NHT 07605 b

    AN ACT regarding schools.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  School  Code  is  amended  by changing
Section 2-3.25g as follows:

    (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g.  Waiver or modification of mandates  within
the  School  Code  and  administrative rules and regulations.
Notwithstanding any other provisions of this School  Code  or
any other law of this State to the contrary, school districts
may  petition  the State Board of Education for the waiver or
modification of the mandates of this School Code  or  of  the
administrative rules and regulations promulgated by the State
Board    of   Education.    Waivers   or   modifications   of
administrative rules and  regulations  and  modifications  of
mandates  of  this School Code may be requested when a school
district demonstrates that it can address the intent  of  the
rule or mandate in a more effective, efficient, or economical
manner  or  when necessary to stimulate innovation or improve
student performance.  Waivers of mandates of the School  Code
may  be requested when the waivers are necessary to stimulate
innovation or improve student performance.  Waivers  may  not
be  requested from laws, rules, and regulations pertaining to
special education, teacher certification, or  teacher  tenure
and seniority.
    School  districts,  as  a  matter  of inherent managerial
policy,  and  any  Independent  Authority  established  under
Section 2-3.25f may submit an application  for  a  waiver  or
modification authorized under this Section.  Each application
must  include  a  written  request  by the school district or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective,  efficient,
or  economical  manner  or  be based upon a specific plan for
improved student performance and  school  improvement.    Any
district  requesting  a waiver or modification for the reason
that intent of  the  mandate  can  be  addressed  in  a  more
economical  manner  shall include in the application a fiscal
analysis showing current  expenditures  on  the  mandate  and
projected  savings resulting from the waiver or modification.
Applications and plans developed by school districts must  be
approved  by  each  board  of  education  following  a public
hearing on the application and plan and the  opportunity  for
the  board to hear testimony from educators directly involved
in its implementation, parents, and students.    Such  public
hearing  shall be held on a day other than the day on which a
regular meeting of the board is  held.   The  public  hearing
must  be  preceded by at least one published notice occurring
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  district  holding  the
public hearing of the district's intent to seek approval of a
waiver  or modification and of the hearing to be held to take
testimony from educators.  The affected exclusive  collective
bargaining agents shall be notified of such public hearing at
least  7  days  prior to the date of the hearing and shall be
allowed to attend such public  hearing.  The  district  shall
attest  to  compliance  with  all  of  the  notification  and
procedural requirements set forth in this Section.
    A  request for a waiver or modification of administrative
rules and regulations  or  for  a  modification  of  mandates
contained in this School Code shall be submitted to the State
Board of Education within 15 days after approval by the board
of  education.   The  application  as  submitted to the State
Board of Education shall include a description of the  public
hearing.    Following receipt of the request, the State Board
shall have 45 days to review the application and request.  If
the State Board fails to disapprove  the  application  within
that  45  day  period,  the  waiver  or modification shall be
deemed granted.  The State Board may disapprove  any  request
if   it  is  not  based  upon  sound  educational  practices,
endangers  the  health  or  safety  of  students  or   staff,
compromises  equal  opportunities  for  learning, or fails to
demonstrate that the intent of the rule  or  mandate  can  be
addressed  in  a  more  effective,  efficient,  or economical
manner or have improved  student  performance  as  a  primary
goal.   Any  request  disapproved  by  the State Board may be
appealed to the General Assembly  by  the  requesting  school
district as outlined in this Section.
    A  request  for  a waiver from mandates contained in this
School Code shall be submitted to the State Board  within  15
days   after  approval  by  the  board  of  education.    The
application as submitted to  the  State  Board  of  Education
shall  include  a  description  of  the  public hearing.  The
description shall include, but need not be  limited  to,  the
means  of  notice,  the  number  of people in attendance, the
number of people who spoke as proponents or opponents of  the
waiver,  a  brief  description of their comments, and whether
there were any written statements submitted.  The State Board
shall review the applications and requests  for  completeness
and  shall  compile  the requests in reports to be filed with
the General Assembly. The  State  Board  shall  file  reports
outlining  the  waivers  requested  by  school  districts and
appeals by school districts of requests  disapproved  by  the
State  Board with the Senate and the House of Representatives
before each May 1 and October 1.  The  General  Assembly  may
disapprove  the report of the State Board in whole or in part
within 30 calendar days  after  each  house  of  the  General
Assembly  next convenes after the report is filed by adoption
of a resolution by a record vote of the majority  of  members
elected  in  each  house.   If  the General Assembly fails to
disapprove any waiver request or appealed request within such
30 day period, the waiver or  modification  shall  be  deemed
granted.   Any  resolution  adopted  by  the General Assembly
disapproving a report of the State Board in whole or in  part
shall be binding on the State Board.
    An  approved  waiver or modification may remain in effect
for a period not to exceed 5 school years and may be  renewed
upon application by the school district. However, such waiver
or modification may be changed within that 5-year period by a
local  school  district  board following the procedure as set
forth in this Section for the initial waiver or  modification
request.   If  neither  the  State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
    On or before February 1, 1998, and each year  thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver mandates and modifications of
mandates  granted by the State Board or the General Assembly.
The report shall identify the topic of the waiver along  with
the  number  and percentage of school districts for which the
waiver has been granted.  The report shall also  include  any
recommendations  from the State Board regarding the repeal or
modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.