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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
17        "Implementation date" has the meaning set forth in
18    Section 24A-2.5 of this Code.
19        "State Board" means the State Board of Education.
20    (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

 

 

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance or when the applicant
11demonstrates that it can address the intent of the mandate of
12the School Code in a more effective, efficient, or economical
13manner. Waivers may not be requested from laws, rules, and
14regulations pertaining to special education, teacher educator
15licensure, teacher tenure and seniority, or Section 5-2.1 of
16this Code or from compliance with the Every Student Succeeds
17Act (Public Law 114-95). A waiver or modification of a mandate
18may not be requested from subsection (a) of Section 10-20.12a
19of this Code unless the area encompassing the school district
20requesting the waiver qualifies as a designated teacher
21shortage area as determined by the State Board and approved by
22the U.S. Department of Education. Eligible applicants may not
23seek a waiver or seek a modification of a mandate regarding the
24requirements for (i) student performance data to be a
25significant factor in teacher or principal evaluations or (ii)
26teachers and principals to be rated using the 4 categories of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1waiver may be approved, denied, or modified by the State Board.
2If the State Board does not act on a waiver request within 10
3days, then the waiver request is approved. If the waiver
4request is denied by the State Board, it shall submit the
5waiver request to the General Assembly for consideration.
6    The General Assembly may disapprove any waiver request
7submitted to the General Assembly pursuant to this subsection
8(d) in whole or in part within 60 calendar days after each
9house of the General Assembly next convenes after the waiver
10request is submitted by adoption of a resolution by a record
11vote of the majority of members elected in each house. If the
12General Assembly fails to disapprove any waiver request or
13appealed request within such 60 day period, the waiver or
14modification shall be deemed granted. Any resolution adopted by
15the General Assembly disapproving a report of the State Board
16in whole or in part shall be binding on the State Board.
17    (e) An approved waiver or modification may remain in effect
18for a period not to exceed 5 school years and may be renewed
19upon application by the eligible applicant. However, such
20waiver or modification may be changed within that 5-year period
21by a board or regional superintendent of schools applying on
22behalf of schools or programs operated by the regional office
23of education following the procedure as set forth in this
24Section for the initial waiver or modification request. If
25neither the State Board of Education nor the General Assembly
26disapproves, the change is deemed granted.

 

 

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1    (f) (Blank).
2(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.