093_HB2118

 
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 1        AN ACT relating to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 2-3.25g 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
 8    the School Code and  administrative  rules  and  regulations.
 9    Notwithstanding  any  other provisions of this School Code or
10    any other law of this State to the contrary, school districts
11    may petition the State Board of Education for the  waiver  or
12    modification  of  the  mandates of this School Code or of the
13    administrative rules and regulations promulgated by the State
14    Board   of   Education.    Waivers   or   modifications    of
15    administrative  rules  and  regulations  and modifications of
16    mandates of this School Code may be requested when  a  school
17    district  demonstrates  that it can address the intent of the
18    rule or mandate in a more effective, efficient, or economical
19    manner or when necessary to stimulate innovation  or  improve
20    student  performance.  Waivers of mandates of the School Code
21    may be requested when the waivers are necessary to  stimulate
22    innovation  or  improve student performance.  Waivers may not
23    be requested from laws, rules, and regulations pertaining  to
24    special  education,  teacher certification, or teacher tenure
25    and seniority.
26        School districts, as  a  matter  of  inherent  managerial
27    policy,  and  any  Independent  Authority  established  under
28    Section  2-3.25f  may  submit  an application for a waiver or
29    modification authorized under this Section.  Each application
30    must include a written request  by  the  school  district  or
31    Independent Authority and must demonstrate that the intent of
 
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 1    the  mandate can be addressed in a more effective, efficient,
 2    or economical manner or be based upon  a  specific  plan  for
 3    improved  student  performance  and  school improvement.  Any
 4    district requesting a waiver or modification for  the  reason
 5    that  intent  of  the  mandate  can  be  addressed  in a more
 6    economical manner shall include in the application  a  fiscal
 7    analysis  showing  current  expenditures  on  the mandate and
 8    projected savings resulting from the waiver or  modification.
 9    Applications  and plans developed by school districts must be
10    approved by  each  board  of  education  following  a  public
11    hearing  on  the application and plan and the opportunity for
12    the board to hear testimony from educators directly  involved
13    in  its  implementation,  parents,  and  students. The public
14    hearing must be preceded by at  least  one  published  notice
15    occurring at least 7 days prior to the hearing in a newspaper
16    of  general  circulation within the school district that sets
17    forth the time, date, place, and general  subject  matter  of
18    the  hearing.  The school district must notify in writing the
19    affected  exclusive  collective  bargaining  agent   of   the
20    district's   intent   to   seek   approval  of  a  waiver  or
21    modification and of the hearing to be held to take  testimony
22    from educators.  The affected exclusive collective bargaining
23    agents  shall  be  notified of such public hearing at least 7
24    days prior to the date of the hearing and shall be allowed to
25    attend such public hearing.
26        A request for a waiver or modification of  administrative
27    rules  and  regulations  or  for  a  modification of mandates
28    contained in this School Code shall be submitted to the State
29    Board of Education within 15 days after approval by the board
30    of education.  Following receipt of the  request,  the  State
31    Board  shall  have  45  days  to  review  the application and
32    request.   If  the  State  Board  fails  to  disapprove   the
33    application   within  that  45  day  period,  the  waiver  or
34    modification shall be deemed granted.  The  State  Board  may
 
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 1    disapprove  any  request  if  it  is  not  based  upon  sound
 2    educational  practices,  endangers  the  health  or safety of
 3    students  or  staff,  compromises  equal  opportunities   for
 4    learning, or fails to demonstrate that the intent of the rule
 5    or  mandate  can be addressed in a more effective, efficient,
 6    or economical manner or have improved student performance  as
 7    a  primary  goal.  Any request disapproved by the State Board
 8    may be appealed to the General  Assembly  by  the  requesting
 9    school district as outlined in this Section.
10        A  request  for  a waiver from mandates contained in this
11    School Code shall be submitted to the State Board  within  15
12    days  after  approval  by  the board of education.  The State
13    Board  shall  review  the  applications  and   requests   for
14    completeness  and shall compile the requests in reports to be
15    filed with the General Assembly. The State Board  shall  file
16    reports  outlining  the waivers requested by school districts
17    and appeals by school districts of  requests  disapproved  by
18    the   State   Board   with   the  Senate  and  the  House  of
19    Representatives before each May 1 and October 1.  The General
20    Assembly may disapprove the report  of  the  State  Board  in
21    whole  or in part within 30 calendar days after each house of
22    the General Assembly next convenes after the report is  filed
23    by  adoption of a resolution by a record vote of the majority
24    of members elected in each house.  If  the  General  Assembly
25    fails  to  disapprove  any waiver request or appealed request
26    within such 30 day period, the waiver or  modification  shall
27    be  deemed  granted.   Any  resolution adopted by the General
28    Assembly disapproving a report of the State Board in whole or
29    in part shall be binding on the State Board.
30        An approved waiver or modification may remain  in  effect
31    for  a period not to exceed 5 school years and may be renewed
32    upon application by the school district. However, such waiver
33    or modification may be changed within that 5-year period by a
34    local school district board following the  procedure  as  set
 
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 1    forth  in this Section for the initial waiver or modification
 2    request.  If neither the State Board  of  Education  nor  the
 3    General Assembly disapproves, the change is deemed granted.
 4        On  or before February 1, 1998, and each year thereafter,
 5    the State Board of Education shall submit a cumulative report
 6    summarizing all types of waiver mandates and modifications of
 7    mandates granted by the State Board or the General  Assembly.
 8    The  report shall identify the topic of the waiver along with
 9    the number and percentage of school districts for  which  the
10    waiver  has  been granted.  The report shall also include any
11    recommendations from the State Board regarding the repeal  or
12    modification of waived mandates.
13    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
14    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)