093_HB1256

 
                                     LRB093 04629 NHT 04682 b

 1        AN ACT concerning education.

 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,  limitations  on
25    substitute teachers under Section 21-9  of  this  Code,    or
26    teacher tenure and seniority.
27        School  districts,  as  a  matter  of inherent managerial
28    policy,  and  any  Independent  Authority  established  under
29    Section 2-3.25f may submit an application  for  a  waiver  or
30    modification authorized under this Section.  Each application
31    must  include  a  written  request  by the school district or
 
                            -2-      LRB093 04629 NHT 04682 b
 1    Independent Authority and must demonstrate that the intent of
 2    the mandate can be addressed in a more effective,  efficient,
 3    or  economical  manner  or  be based upon a specific plan for
 4    improved student performance and  school  improvement.    Any
 5    district  requesting  a waiver or modification for the reason
 6    that intent of  the  mandate  can  be  addressed  in  a  more
 7    economical  manner  shall include in the application a fiscal
 8    analysis showing current  expenditures  on  the  mandate  and
 9    projected  savings resulting from the waiver or modification.
10    Applications and plans developed by school districts must  be
11    approved  by  each  board  of  education  following  a public
12    hearing on the application and plan and the  opportunity  for
13    the  board to hear testimony from educators directly involved
14    in its implementation,  parents,  and  students.  The  public
15    hearing  must  be  preceded  by at least one published notice
16    occurring at least 7 days prior to the hearing in a newspaper
17    of general circulation within the school district  that  sets
18    forth  the  time,  date, place, and general subject matter of
19    the hearing.  The school district must notify in writing  the
20    affected   exclusive   collective  bargaining  agent  of  the
21    district's  intent  to  seek  approval   of   a   waiver   or
22    modification  and of the hearing to be held to take testimony
23    from educators.  The affected exclusive collective bargaining
24    agents shall be notified of such public hearing at least 10 7
25    days prior to the date of the hearing and shall be allowed to
26    attend and participate in such  public  hearing.  The  school
27    district   shall   provide   written   verification   in  the
28    application that the exclusive bargaining  agents  have  been
29    notified.
30        A  request for a waiver or modification of administrative
31    rules and regulations  or  for  a  modification  of  mandates
32    contained in this School Code shall be submitted to the State
33    Board of Education within 15 days after approval by the board
34    of  education.   Following  receipt of the request, the State
 
                            -3-      LRB093 04629 NHT 04682 b
 1    Board shall have  45  days  to  review  the  application  and
 2    request.    If  the  State  Board  fails  to  disapprove  the
 3    application  within  that  45  day  period,  the  waiver   or
 4    modification  shall  be  deemed granted.  The State Board may
 5    disapprove  any  request  if  it  is  not  based  upon  sound
 6    educational practices, endangers  the  health  or  safety  of
 7    students   or  staff,  compromises  equal  opportunities  for
 8    learning, or fails to demonstrate that the intent of the rule
 9    or mandate can be addressed in a more  effective,  efficient,
10    or  economical manner or have improved student performance as
11    a primary goal.  Any request disapproved by the  State  Board
12    may  be  appealed  to  the General Assembly by the requesting
13    school district as outlined in this Section.
14        A request for a waiver from mandates  contained  in  this
15    School  Code  shall be submitted to the State Board within 15
16    days after approval by the board  of  education.   The  State
17    Board   shall   review  the  applications  and  requests  for
18    completeness and shall compile the requests in reports to  be
19    filed  with  the General Assembly. The State Board shall file
20    reports outlining the waivers requested by  school  districts
21    and  appeals  by  school districts of requests disapproved by
22    the  State  Board  with  the  Senate   and   the   House   of
23    Representatives  before each May 1 and October 1.  The Senate
24    or  the  House  of  Representatives  General   Assembly   may
25    disapprove  the report of the State Board in whole or in part
26    within 30 calendar days after that each house of the  General
27    Assembly  next convenes after the report is filed by adoption
28    of a resolution by a record vote of the majority  of  members
29    elected in that each house.  If both the Senate and the House
30    of  Representatives fail General Assembly fails to disapprove
31    any waiver request or appealed request  within  such  30  day
32    period,  the  waiver or modification shall be deemed granted.
33    Any  resolution  adopted  by  the  Senate  or  the  House  of
34    Representatives General Assembly disapproving a report of the
 
                            -4-      LRB093 04629 NHT 04682 b
 1    State Board in whole or in part shall be binding on the State
 2    Board.
 3        An approved waiver or modification (except  a  waiver  or
 4    modification  from  a  mandated  student  subject  area under
 5    Article 27 of this Code) may remain in effect  for  a  period
 6    not  to  exceed  5  school  years  and  may  be  renewed upon
 7    application by the school district. However, such  waiver  or
 8    modification  may  be  changed within that 5-year period by a
 9    local school district board following the  procedure  as  set
10    forth  in this Section for the initial waiver or modification
11    request.  If  neither  the  State  Board  of  Education,  the
12    Senate,  nor  the  House  of Representatives General Assembly
13    disapproves, the change is deemed granted.
14        An  approved  waiver  or  modification  from  a  mandated
15    student subject area under Article 27 of this Code may remain
16    in effect for a period not to exceed 3 school years. However,
17    the waiver or modification may be changed within that  3-year
18    period  by the school board following the procedure set forth
19    in this  Section  for  the  initial  waiver  or  modification
20    request. If neither the State Board of Education, the Senate,
21    nor  the  House of Representatives disapproves, the change is
22    deemed granted. The waiver or  modification  may  be  renewed
23    upon  application by the school district. However, the waiver
24    or modification may be renewed  only  once,  and  the  school
25    district  must provide evidence of action taken in an attempt
26    to reincorporate the mandated student subject area  into  the
27    curriculum  and  the  reasons  for renewal. By the end of the
28    period of renewal, a plan must  be  submitted  to  the  State
29    Board  of  Education  that  details  how the mandated student
30    subject area will be reincorporated into the curriculum.
31        On or before February 1, 1998, and each year  thereafter,
32    the State Board of Education shall submit a cumulative report
33    summarizing all types of waiver mandates and modifications of
34    mandates  granted by the State Board or the General Assembly.
 
                            -5-      LRB093 04629 NHT 04682 b
 1    The report shall identify the topic of the waiver along  with
 2    the  number  and percentage of school districts for which the
 3    waiver has been granted.  The report shall also  include  any
 4    recommendations  from the State Board regarding the repeal or
 5    modification of waived mandates.
 6    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
 7    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.