101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4143

 

Introduced 1/22/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-60

    Amends the School Code. Makes changes in provisions prohibiting certain unfunded State mandates. Provides that a school district or private school may discontinue or modify the mandate if (i) a separate State appropriation does not fully fund the mandate or (ii) the mandate does not improve the educational outcomes of the school district or private school. Requires a school board to notify the regional superintendent of schools of its decision to discontinue or modify the mandate. Requires the regional superintendent to approve the discontinuation or modification unless he or she demonstrates that (i) the costs imposed by the mandate are fully funded by a separate State appropriation or (ii) the mandated activity improves the educational outcomes of the school district. Makes other changes. Effectively immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
522-60 as follows:
 
6    (105 ILCS 5/22-60)
7    Sec. 22-60. Unfunded mandates prohibited.
8    (a) A No public school district or private school is not
9obligated to comply with the following types of mandates if
10either condition (i) or (ii) of subsection (b) of this Section
11is met unless a separate appropriation has been enacted into
12law providing full funding for the mandate for the school year
13during which the mandate is required:
14        (1) Any mandate in this Code enacted after the
15    effective date of this amendatory Act of the 96th General
16    Assembly.
17        (2) Any regulatory mandate promulgated by the State
18    Board of Education and adopted by rule after the effective
19    date of this amendatory Act of the 96th General Assembly
20    other than those promulgated with respect to this Section
21    or statutes already enacted on or before the effective date
22    of this amendatory Act of the 96th General Assembly.
23    (b) If the school district or private school determines

 

 

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1that a mandate described in subsection (a) of this Section (i)
2is not being fully funded by a separate State appropriation or
3(ii) does not improve the educational outcomes of the school
4district or private school, the school district or private
5school may choose to discontinue or modify the mandate. If the
6amount appropriated to fund a mandate described in subsection
7(a) of this Section does not fully fund the mandated activity,
8then the school district or private school may choose to
9discontinue or modify the mandated activity to ensure that the
10costs of compliance do not exceed the funding received.
11    Before discontinuing or modifying the mandate, the school
12board of a school district shall give notice in the school
13board agenda of the decision to discontinue or modify the
14mandate at 2 successive school board meetings held at least 13
15days but not more than 60 days apart. The school board may take
16public testimony about the school board's decision to
17discontinue or modify the mandate. The school board shall vote
18to approve or deny the decision to discontinue or modify the
19mandate. petition its regional superintendent of schools on or
20before February 15 of each year to request to be exempt from
21implementing the mandate in a school or schools in the next
22school year. The petition shall include all legitimate costs
23associated with implementing and operating the mandate, the
24estimated reimbursement from State and federal sources, and any
25unique circumstances the school district can verify that exist
26that would cause the implementation and operation of such a

 

 

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1mandate to be cost prohibitive.
2    If the school board approves the discontinuation or
3modification of the mandate in a given year, the school board
4shall notify the regional superintendent of schools of its
5decision to discontinue or modify the mandate on or before
6February 15. The regional superintendent of schools shall
7review the school board's decision to discontinue or modify the
8mandate. In accordance with the Open Meetings Act, the regional
9superintendent shall convene a public hearing to hear testimony
10from the school district and interested community members
11before he or she makes a decision.
12    Unless the regional superintendent of schools is able to
13demonstrate that (1) the costs imposed by the mandate are fully
14funded by a separate State appropriation, provided that, upon
15request from the regional superintendent, the school district
16shall provide an accounting of the legitimate costs associated
17with implementing and operating the mandate and the estimated
18reimbursement from State and federal sources, or (2) the
19mandated activity, through objective evidence provided by
20validated educational studies, improves the educational
21outcomes of the school district, the regional superintendent
22shall approve the discontinuation or modification of the
23mandate. The regional superintendent shall, on or before March
2430, inform the school board of his or her decision, along with
25the reasons why the discontinuation or modification of the
26mandate was approved or denied, in writing. The regional

 

 

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1superintendent of schools shall review the petition. In
2accordance with the Open Meetings Act, he or she shall convene
3a public hearing to hear testimony from the school district and
4interested community members. The regional superintendent
5shall, on or before March 15 of each year, inform the school
6district of his or her decision, along with the reasons why the
7exemption was granted or denied, in writing. The regional
8superintendent must also send notification to the State Board
9of Education detailing which school boards of school districts
10approved the discontinuation or modification of a mandate
11requested an exemption and the results.
12    If the regional superintendent of schools approves the
13discontinuation or modification because the State is not fully
14funding the mandated activity grants an exemption to the school
15district, then the school district is relieved from the
16requirement to establish and implement the mandate in the
17school or schools granted an exemption for the next school
18year. If the regional superintendent of schools approves the
19discontinuation or modification because the mandated activity
20does not improve educational outcomes, then the school district
21is relieved from the requirement to establish and implement the
22mandate for the next 5 school years. If the regional
23superintendent of schools denies the discontinuation or
24modification does not grant an exemption, then the school
25district shall implement the mandate in accordance with the
26applicable law or rule by the first student attendance day of

 

 

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1the next school year. However, the school district or a
2resident of the school district may on or before April 15
3appeal the decision of the regional superintendent to the State
4Superintendent of Education. The State Superintendent shall
5hear appeals on the decisions of regional superintendents of
6schools no later than May 15 of each year. The State
7Superintendent shall make a final decision at the conclusion of
8the hearing on the school district's request for a
9discontinuation or modification of an exemption from the
10mandate. If the State Superintendent approves the
11discontinuation or modification grants an exemption, then the
12school district is relieved from the requirement to implement
13the a mandate in the school or schools granted an exemption for
14the next school year if the State is not fully funding the
15mandated activity or the next 5 school years if the mandated
16activity does not improve educational outcomes. If the State
17Superintendent does not approve the discontinuation or
18modification grant an exemption, then the school district shall
19implement the mandate in accordance with the applicable law or
20rule by the first student attendance day of the next school
21year.
22    If a school district or private school discontinues or
23modifies a mandated activity (i) due to lack of full funding
24from the State or (ii) because the mandated activity does not
25improve the educational outcomes of the school district or
26private school, then the school district or private school

 

 

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1shall annually maintain and update a list of discontinued or
2modified mandated activities. The list shall be provided to the
3State Board of Education upon request.
4    (c) (Blank). This Section does not apply to (i) any new
5statutory or regulatory mandates related to revised learning
6standards developed through the Common Core State Standards
7Initiative and assessments developed to align with those
8standards or actions specified in this State's Phase 2 Race to
9the Top Grant application if the application is approved by the
10United States Department of Education or (ii) new statutory or
11regulatory mandates from the Race to the Top Grant through the
12federal American Recovery and Reinvestment Act of 2009 imposed
13on school districts designated as being in the lowest
14performing 5% of schools within the Race to the Top Grant
15application.
16    (d) In any instances in which this Section conflicts with
17the State Mandates Act, this Section the State Mandates Act
18shall prevail.
19(Source: P.A. 96-1441, eff. 8-20-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.