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Public Act 094-0198


 

Public Act 0198 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0198
 
SB0088 Enrolled LRB094 05722 RAS 35774 b

    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 changing Sections
2-3.25g and 27-6 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.
    (a) In this Section:
        "Board" means a school board or the governing board or
    administrative district, as the case may be, for a joint
    agreement.
        "Eligible applicant" means a school district, joint
    agreement made up of school districts, or regional
    superintendent of schools on behalf of schools and programs
    operated by the regional office of education.
        "State Board" means the State Board of Education.
    (b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants 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 an eligible
applicant 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 or from compliance with the No Child Left Behind
Act of 2001 (Public Law 107-110).
    (c) Eligible applicants, 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 eligible applicant 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 eligible
applicant 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 eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from educators
directly involved in its implementation, parents, and
students. If the applicant is a school district or joint
agreement, the public hearing shall be held on a day other than
the day on which a regular meeting of the board is held. If the
applicant is a school district, 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. If the
applicant is a joint agreement or regional superintendent, the
public hearing must be preceded by at least one published
notice (setting forth the time, date, place, and general
subject matter of the hearing) occurring at least 7 days prior
to the hearing in a newspaper of general circulation in each
school district that is a member of the joint agreement or that
is served by the educational service region, provided that a
notice appearing in a newspaper generally circulated in more
than one school district shall be deemed to fulfill this
requirement with respect to all of the affected districts. The
eligible applicant must notify in writing the affected
exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its 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 eligible applicant shall attest to compliance with
all of the notification and procedural requirements set forth
in this Section.
    (d) 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 or regional superintendent of schools. 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 eligible applicant 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 or regional superintendent of
schools. 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 eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March May 1
and October 1. The General Assembly may disapprove the report
of the State Board in whole or in part within 60 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 60 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.
    (e) 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 eligible applicant. However, such
waiver or modification may be changed within that 5-year period
by a board or regional superintendent of schools applying on
behalf of schools or programs operated by the regional office
of education 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.
    (f) On or before February 1, 1998, and each year
thereafter, the State Board of Education shall submit a
cumulative report summarizing all types of waivers of 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 eligible
applicants 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. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03;
93-707, eff. 7-9-04.)
 
    (105 ILCS 5/27-6)  (from Ch. 122, par. 27-6)
    Sec. 27-6. Courses in physical education - Special
activities.
    (a) Pupils enrolled in the public schools and State
universities engaged in preparing teachers shall, as soon as
practicable, be required to engage daily, during the school
day, except on block scheduled days for those public schools
engaged in block scheduling, in courses of physical education
for such periods as are compatible with the optimum growth and
development needs of individuals at the various age levels
except when appropriate excuses are submitted to the school by
a pupil's parent or guardian or by a person licensed under the
Medical Practice Act of 1987 and except as provided in
subsection (b) of this Section.
    Special activities in physical education shall be provided
for pupils whose physical or emotional condition, as determined
by a person licensed under the Medical Practice Act of 1987,
prevents their participation in the courses provided for normal
children.
    (b) A school board is authorized to excuse pupils enrolled
in grades 11 and 12 from engaging in physical education courses
if those pupils request to be excused for any of the following
reasons: (1) for ongoing participation in an interscholastic
athletic program; (2) to enroll in academic classes which are
required for admission to an institution of higher learning,
provided that failure to take such classes will result in the
pupil being denied admission to the institution of his or her
choice; or (3) to enroll in academic classes which are required
for graduation from high school, provided that failure to take
such classes will result in the pupil being unable to graduate.
A school board may also excuse pupils in grades 9 through 12
enrolled in a marching band program for credit from engaging in
physical education courses if those pupils request to be
excused for ongoing participation in such marching band
program. A school board may also excuse pupils in grades 9
through 12 enrolled in a Reserve Officer's Training Corps
(ROTC) program sponsored by the school district from engaging
in physical education courses. School boards which choose to
exercise this authority shall establish a policy to excuse
pupils on an individual basis.
    (c) The provisions of this Section are subject to the
provisions of Section 27-22.05.
(Source: P.A. 88-269; 89-155, eff. 7-19-95; 89-175, eff.
7-19-95; 89-626, eff. 8-9-96.)

Effective Date: 1/1/2006