093_HB1256ham002











                                     LRB093 04629 NHT 14098 a

 1                    AMENDMENT TO HOUSE BILL 1256

 2        AMENDMENT NO.     .  Amend House Bill 1256,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
 8        Sec.  2-3.25g.  Waiver or modification of mandates within
 9    the School Code and  administrative  rules  and  regulations.
10    Notwithstanding  any  other provisions of this School Code or
11    any other law of this State to the contrary, school districts
12    may petition the State Board of Education for the  waiver  or
13    modification  of  the  mandates of this School Code or of the
14    administrative rules and regulations promulgated by the State
15    Board   of   Education.    Waivers   or   modifications    of
16    administrative  rules  and  regulations  and modifications of
17    mandates of this School Code may be requested when  a  school
18    district  demonstrates  that it can address the intent of the
19    rule or mandate in a more effective, efficient, or economical
20    manner or when necessary to stimulate innovation  or  improve
21    student  performance.  Waivers of mandates of the School Code
22    may be requested when the waivers are necessary to  stimulate
 
                            -2-      LRB093 04629 NHT 14098 a
 1    innovation  or  improve student performance.  Waivers may not
 2    be requested from laws, rules, and regulations pertaining  to
 3    special  education,  teacher  certification,  limitations  on
 4    substitute  teachers  under  Section  21-9  of this Code,  or
 5    teacher tenure and seniority.
 6        School districts, as  a  matter  of  inherent  managerial
 7    policy,  and  any  Independent  Authority  established  under
 8    Section  2-3.25f  may  submit  an application for a waiver or
 9    modification authorized under this Section.  Each application
10    must include a written request  by  the  school  district  or
11    Independent Authority and must demonstrate that the intent of
12    the  mandate can be addressed in a more effective, efficient,
13    or economical manner or be based upon  a  specific  plan  for
14    improved  student  performance  and  school improvement.  Any
15    district requesting a waiver or modification for  the  reason
16    that  intent  of  the  mandate  can  be  addressed  in a more
17    economical manner shall include in the application  a  fiscal
18    analysis  showing  current  expenditures  on  the mandate and
19    projected savings resulting from the waiver or  modification.
20    Applications  and plans developed by school districts must be
21    approved by  each  board  of  education  following  a  public
22    hearing  on  the application and plan and the opportunity for
23    the board to hear testimony from educators directly  involved
24    in  its  implementation,  parents,  and  students. The public
25    hearing must be preceded by at  least  one  published  notice
26    occurring at least 7 days prior to the hearing in a newspaper
27    of  general  circulation within the school district that sets
28    forth the time, date, place, and general  subject  matter  of
29    the  hearing.  The school district must notify in writing the
30    affected exclusive  collective  bargaining  agent  and  those
31    State  legislators  representing  the  district  holding  the
32    public hearing of the district's intent to seek approval of a
33    waiver  or modification and of the hearing to be held to take
34    testimony from educators.  The affected exclusive  collective
 
                            -3-      LRB093 04629 NHT 14098 a
 1    bargaining agents shall be notified of such public hearing at
 2    least 10 7 days prior to the date of the hearing and shall be
 3    allowed to attend and participate in such public hearing. The
 4    school  district  shall  provide  written verification in the
 5    application that the exclusive bargaining  agents  have  been
 6    notified.    The district shall attest to compliance with all
 7    of the notification and procedural requirements set forth  in
 8    this Section.
 9        A  request for a waiver or modification of administrative
10    rules and regulations  or  for  a  modification  of  mandates
11    contained in this School Code shall be submitted to the State
12    Board of Education within 15 days after approval by the board
13    of education. The application as submitted to the State Board
14    of  Education  shall  include  a  description  of  the public
15    hearing.  Following receipt of the request, the  State  Board
16    shall have 45 days to review the application and request.  If
17    the  State  Board  fails to disapprove the application within
18    that 45 day period,  the  waiver  or  modification  shall  be
19    deemed  granted.   The State Board may disapprove any request
20    if  it  is  not  based  upon  sound  educational   practices,
21    endangers   the  health  or  safety  of  students  or  staff,
22    compromises equal opportunities for  learning,  or  fails  to
23    demonstrate  that  the  intent  of the rule or mandate can be
24    addressed in  a  more  effective,  efficient,  or  economical
25    manner  or  have  improved  student  performance as a primary
26    goal.  Any request disapproved by  the  State  Board  may  be
27    appealed  to  the  General  Assembly by the requesting school
28    district as outlined in this Section.
29        A request for a waiver from mandates  contained  in  this
30    School  Code  shall be submitted to the State Board within 15
31    days  after  approval  by  the  board   of   education.   The
32    application  as  submitted  to  the  State Board of Education
33    shall include  a  description  of  the  public  hearing.  The
34    description  shall  include,  but need not be limited to, the
 
                            -4-      LRB093 04629 NHT 14098 a
 1    means of notice, the number  of  people  in  attendance,  the
 2    number  of people who spoke as proponents or opponents of the
 3    waiver, a brief description of their  comments,  and  whether
 4    there were any written statements submitted.  The State Board
 5    shall  review  the applications and requests for completeness
 6    and shall compile the requests in reports to  be  filed  with
 7    the  General  Assembly.  The  State  Board shall file reports
 8    outlining the  waivers  requested  by  school  districts  and
 9    appeals  by  school  districts of requests disapproved by the
10    State Board with the Senate and the House of  Representatives
11    before  each  May  1  and October 1. The General Assembly may
12    approve disapprove the report of the State Board in whole  or
13    in  part  within  30  calendar  days  after each house of the
14    General Assembly next convenes after the report is  filed  by
15    adoption  of a resolution by a record vote of the majority of
16    members elected in each house.  If the General Assembly fails
17    to approve disapprove any waiver request or appealed  request
18    within  such  30 day period, the waiver or modification shall
19    be deemed denied granted.   Any  resolution  adopted  by  the
20    General Assembly approving disapproving a report of the State
21    Board  in  whole  or  in  part  shall be binding on the State
22    Board.
23        An approved waiver or modification (except  a  waiver  or
24    modification  from  a  mandated  student  subject  area under
25    Article 27 of this Code) may remain in effect  for  a  period
26    not  to  exceed  5  school  years  and  may  be  renewed upon
27    application by the school district. However, such  waiver  or
28    modification  may  be  changed within that 5-year period by a
29    local school district board following the  procedure  as  set
30    forth  in this Section for the initial waiver or modification
31    request. If the State Board of Education disapproves  or  the
32    General  Assembly  does  not  approve,  the  change is deemed
33    denied. If neither the  State  Board  of  Education  nor  the
34    General Assembly disapproves, the change is deemed granted.
 
                            -5-      LRB093 04629 NHT 14098 a
 1        An  approved  waiver  or  modification  from  a  mandated
 2    student subject area under Article 27 of this Code may remain
 3    in effect for a period not to exceed 3 school years. However,
 4    the  waiver or modification may be changed within that 3-year
 5    period by the school board following the procedure set  forth
 6    in  this  Section  for  the  initial  waiver  or modification
 7    request. If the State Board of Education disapproves  or  the
 8    General  Assembly  does  not  approve,  the  change is deemed
 9    denied. The  waiver  or  modification  may  be  renewed  upon
10    application  by  the  school district. However, the waiver or
11    modification  may  be  renewed  only  once,  and  the  school
12    district must provide evidence of action taken in an  attempt
13    to  reincorporate  the mandated student subject area into the
14    curriculum and the reasons for renewal. By  the  end  of  the
15    period  of  renewal,  a  plan  must be submitted to the State
16    Board of Education that  details  how  the  mandated  student
17    subject area will be reincorporated into the curriculum.
18        If  a  request  for  a  waiver  from a physical education
19    mandate is approved,  the  State  Board  of  Education  shall
20    request  that  the  school  district  consult  with statewide
21    health or physical fitness associations, or both, to  plan  a
22    creative   curriculum,  based  on  available  facilities  and
23    resources, to meet the physical development and health  needs
24    of students.
25        On  or before February 1, 1998, and each year thereafter,
26    the State Board of Education shall submit a cumulative report
27    summarizing all types of waiver mandates and modifications of
28    mandates granted by the State Board or the General  Assembly.
29    The  report shall identify the topic of the waiver along with
30    the number and percentage of school districts for  which  the
31    waiver  has  been granted.  The report shall also include any
32    recommendations from the State Board regarding the repeal  or
33    modification of waived mandates.
34    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
 
                            -6-      LRB093 04629 NHT 14098 a
 1    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

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