Rep. Barbara Flynn Currie

Filed: 10/23/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1262

2    AMENDMENT NO. ______. Amend House Bill 1262 by replacing
3everything after the enacting clause with the following:
 
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 case may be, for a joint
12    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.

 

 

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1        "Implementation date" has the meaning set forth in
2    Section 24A-2.5 of this Code.
3        "State Board" means the State Board of Education.
4    (b) Notwithstanding any other provisions of this School
5Code or any other law of this State to the contrary, eligible
6applicants may petition the State Board of Education for the
7waiver or modification of the mandates of this School Code or
8of the administrative rules and regulations promulgated by the
9State Board of Education. Waivers or modifications of
10administrative rules and regulations and modifications of
11mandates of this School Code may be requested when an eligible
12applicant demonstrates that it can address the intent of the
13rule or mandate in a more effective, efficient, or economical
14manner or when necessary to stimulate innovation or improve
15student performance. Waivers of mandates of the School Code may
16be requested when the waivers are necessary to stimulate
17innovation or improve student performance or when the applicant
18demonstrates that it can address the intent of the mandate of
19the School Code in a more effective, efficient, or economical
20manner. Waivers may not be requested from laws, rules, and
21regulations pertaining to special education, teacher educator
22licensure, teacher tenure and seniority, or Section 5-2.1 of
23this Code or from compliance with the Every Student Succeeds
24Act (Public Law 114-95). Eligible applicants may not seek a
25waiver or seek a modification of a mandate regarding the
26requirements for (i) student performance data to be a

 

 

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1significant factor in teacher or principal evaluations or (ii)
2teachers and principals to be rated using the 4 categories of
3"excellent", "proficient", "needs improvement", or
4"unsatisfactory". On September 1, 2014, any previously
5authorized waiver or modification from such requirements shall
6terminate.
7    (c) Eligible applicants, as a matter of inherent managerial
8policy, and any Independent Authority established under
9Section 2-3.25f-5 of this Code may submit an application for a
10waiver or modification authorized under this Section. Each
11application must include a written request by the eligible
12applicant or Independent Authority and must demonstrate that
13the intent of the mandate can be addressed in a more effective,
14efficient, or economical manner or be based upon a specific
15plan for improved student performance and school improvement.
16Any eligible applicant requesting a waiver or modification for
17the reason that intent of the mandate can be addressed in a
18more economical manner shall include in the application a
19fiscal analysis showing current expenditures on the mandate and
20projected savings resulting from the waiver or modification.
21Applications and plans developed by eligible applicants must be
22approved by the board or regional superintendent of schools
23applying on behalf of schools or programs operated by the
24regional office of education following a public hearing on the
25application and plan and the opportunity for the board or
26regional superintendent to hear testimony from staff directly

 

 

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1involved in its implementation, parents, and students. The time
2period for such testimony shall be separate from the time
3period established by the eligible applicant for public comment
4on other matters.
5    (c-5) If the applicant is a school district, then the
6district shall post information that sets forth the time, date,
7place, and general subject matter of the public hearing on its
8Internet website at least 14 days prior to the hearing. If the
9district is requesting to increase the fee charged for driver
10education authorized pursuant to Section 27-24.2 of this Code,
11the website information shall include the proposed amount of
12the fee the district will request. All school districts must
13publish a notice of the public hearing at least 7 days prior to
14the hearing in a newspaper of general circulation within the
15school district that sets forth the time, date, place, and
16general subject matter of the hearing. Districts requesting to
17increase the fee charged for driver education shall include in
18the published notice the proposed amount of the fee the
19district will request. If the applicant is a joint agreement or
20regional superintendent, then the joint agreement or regional
21superintendent shall post information that sets forth the time,
22date, place, and general subject matter of the public hearing
23on its Internet website at least 14 days prior to the hearing.
24If the joint agreement or regional superintendent is requesting
25to increase the fee charged for driver education authorized
26pursuant to Section 27-24.2 of this Code, the website

 

 

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

 

 

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1administrative rules and regulations or for a modification of
2mandates contained in this School Code shall be submitted to
3the State Board of Education within 15 days after approval by
4the board or regional superintendent of schools. The
5application as submitted to the State Board of Education shall
6include a description of the public hearing. Following receipt
7of the waiver or modification request, the State Board shall
8have 45 days to review the application and request. If the
9State Board fails to disapprove the application within that 45
10day period, the waiver or modification shall be deemed granted.
11The State Board may disapprove any request if it is not based
12upon sound educational practices, endangers the health or
13safety of students or staff, compromises equal opportunities
14for learning, or fails to demonstrate that the intent of the
15rule or mandate can be addressed in a more effective,
16efficient, or economical manner or have improved student
17performance as a primary goal. Any request disapproved by the
18State Board may be appealed to the General Assembly by the
19eligible applicant as outlined in this Section.
20    A request for a waiver from mandates contained in this
21School Code shall be submitted to the State Board within 15
22days after approval by the board or regional superintendent of
23schools. The application as submitted to the State Board of
24Education shall include a description of the public hearing.
25The description shall include, but need not be limited to, the
26means of notice, the number of people in attendance, the number

 

 

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1of people who spoke as proponents or opponents of the waiver, a
2brief description of their comments, and whether there were any
3written statements submitted. The State Board shall review the
4applications and requests for completeness and shall compile
5the requests in reports to be filed with the General Assembly.
6The State Board shall file reports outlining the waivers
7requested by eligible applicants and appeals by eligible
8applicants of requests disapproved by the State Board with the
9Senate and the House of Representatives before each March 1 and
10October 1.
11    Except as otherwise provided in this subsection (d), the
12The report shall be reviewed by a panel of 4 members consisting
13of:
14        (1) the Speaker of the House of Representatives;
15        (2) the Minority Leader of the House of
16    Representatives;
17        (3) the President of the Senate; and
18        (4) the Minority Leader of the Senate.
19The State Board of Education may provide the panel
20recommendations on waiver requests. The members of the panel
21shall review the report submitted by the State Board of
22Education and submit to the State Board of Education any notice
23of further consideration to any waiver request within 14 days
24after the member receives the report. If 3 or more of the panel
25members submit a notice of further consideration to any waiver
26request contained within the report, the State Board of

 

 

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1Education shall submit the waiver request to the General
2Assembly for consideration. If less than 3 panel members submit
3a notice of further consideration to a waiver request, the
4waiver may be approved, denied, or modified by the State Board.
5If the State Board does not act on a waiver request within 10
6days, then the waiver request is approved. If the waiver
7request is denied by the State Board, it shall submit the
8waiver request to the General Assembly for consideration.
9    A waiver request from mandates contained under Section
1017-2, 17-2A, 17-7, or 17-8 of this Code shall not be reviewed
11by the panel, but shall be submitted to the General Assembly
12for consideration under this Section.
13    The General Assembly may disapprove any waiver request
14submitted to the General Assembly pursuant to this subsection
15(d) in whole or in part within 60 calendar days after each
16house of the General Assembly next convenes after the waiver
17request is submitted by adoption of a resolution by a record
18vote of the majority of members elected in each house. If the
19General Assembly fails to disapprove any waiver request or
20appealed request within such 60 day period, the waiver or
21modification shall be deemed granted. Any resolution adopted by
22the General Assembly disapproving a report of the State Board
23in whole or in part shall be binding on the State Board.
24    (e) An approved waiver or modification may remain in effect
25for a period not to exceed 5 school years and may be renewed
26upon application by the eligible applicant. However, such

 

 

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1waiver or modification may be changed within that 5-year period
2by a board or regional superintendent of schools applying on
3behalf of schools or programs operated by the regional office
4of education following the procedure as set forth in this
5Section for the initial waiver or modification request. If
6neither the State Board of Education nor the General Assembly
7disapproves, the change is deemed granted.
8    (f) (Blank).
9(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".