Illinois General Assembly - Full Text of HB1256
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Full Text of HB1256  93rd General Assembly

HB1256ham001 93rd General Assembly


093_HB1256ham001

 










                                     LRB093 04629 NHT 13153 a

 1                    AMENDMENT TO HOUSE BILL 1256

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

 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
 
                            -2-      LRB093 04629 NHT 13153 a
 1    be  requested from laws, rules, and regulations pertaining to
 2    special education, teacher certification, or  teacher  tenure
 3    and seniority.
 4        School  districts,  as  a  matter  of inherent managerial
 5    policy,  and  any  Independent  Authority  established  under
 6    Section 2-3.25f may submit an application  for  a  waiver  or
 7    modification authorized under this Section.  Each application
 8    must  include  a  written  request  by the school district or
 9    Independent Authority and must demonstrate that the intent of
10    the mandate can be addressed in a more effective,  efficient,
11    or  economical  manner  or  be based upon a specific plan for
12    improved student performance and  school  improvement.    Any
13    district  requesting  a waiver or modification for the reason
14    that intent of  the  mandate  can  be  addressed  in  a  more
15    economical  manner  shall include in the application a fiscal
16    analysis showing current  expenditures  on  the  mandate  and
17    projected  savings resulting from the waiver or modification.
18    Applications and plans developed by school districts must  be
19    approved  by  each  board  of  education  following  a public
20    hearing on the application and plan and the  opportunity  for
21    the  board to hear testimony from educators directly involved
22    in its implementation,  parents,  and  students.  The  public
23    hearing  must  be  preceded  by at least one published notice
24    occurring at least 7 days prior to the hearing in a newspaper
25    of general circulation within the school district  that  sets
26    forth  the  time,  date, place, and general subject matter of
27    the hearing.  The school district must notify in writing  the
28    affected   exclusive   collective  bargaining  agent  of  the
29    district's  intent  to  seek  approval   of   a   waiver   or
30    modification  and of the hearing to be held to take testimony
31    from educators.  The affected exclusive collective bargaining
32    agents shall be notified of such public hearing  at  least  7
33    days prior to the date of the hearing and shall be allowed to
34    attend such public hearing.
 
                            -3-      LRB093 04629 NHT 13153 a
 1        A  request for a waiver or modification of administrative
 2    rules and regulations  or  for  a  modification  of  mandates
 3    contained in this School Code shall be submitted to the State
 4    Board of Education within 15 days after approval by the board
 5    of  education.   Following  receipt of the request, the State
 6    Board shall have  45  days  to  review  the  application  and
 7    request.    If  the  State  Board  fails  to  disapprove  the
 8    application  within  that  45  day  period,  the  waiver   or
 9    modification  shall  be  deemed granted.  The State Board may
10    disapprove  any  request  if  it  is  not  based  upon  sound
11    educational practices, endangers  the  health  or  safety  of
12    students   or  staff,  compromises  equal  opportunities  for
13    learning, or fails to demonstrate that the intent of the rule
14    or mandate can be addressed in a more  effective,  efficient,
15    or  economical manner or have improved student performance as
16    a primary goal.  Any request disapproved by the  State  Board
17    may  be  appealed  to  the General Assembly by the requesting
18    school district as outlined in this Section.
19        A request for a waiver from mandates  contained  in  this
20    School  Code  shall be submitted to the State Board within 15
21    days after approval by the board  of  education.   The  State
22    Board   shall   review  the  applications  and  requests  for
23    completeness and shall compile the requests in reports to  be
24    filed  with  the General Assembly. The State Board shall file
25    reports outlining the waivers requested by  school  districts
26    and  appeals  by  school districts of requests disapproved by
27    the  State  Board  with  the  Senate   and   the   House   of
28    Representatives before each May 1 and October 1.  The General
29    Assembly  may  disapprove  the  report  of the State Board in
30    whole or in part within 30 calendar days after each house  of
31    the  General Assembly next convenes after the report is filed
32    by adoption of a resolution by a record vote of the  majority
33    of  members  elected  in each house.  If the General Assembly
34    fails to disapprove any waiver request  or  appealed  request
 
                            -4-      LRB093 04629 NHT 13153 a
 1    within  such  30 day period, the waiver or modification shall
 2    be deemed granted.  Any resolution  adopted  by  the  General
 3    Assembly disapproving a report of the State Board in whole or
 4    in part shall be binding on the State Board.
 5        An  approved  waiver or modification may remain in effect
 6    for a period not to exceed 5 school years and may be  renewed
 7    upon application by the school district. However, such waiver
 8    or 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 nor the
12    General Assembly disapproves, the change is deemed granted.
13        On or before February 1, 1998, and each year  thereafter,
14    the State Board of Education shall submit a cumulative report
15    summarizing all types of waiver mandates and modifications of
16    mandates  granted by the State Board or the General Assembly.
17    The report shall identify the topic of the waiver along  with
18    the  number  and percentage of school districts for which the
19    waiver has been granted.  The report shall also  include  any
20    recommendations  from the State Board regarding the repeal or
21    modification of waived mandates.
22    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
23    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)".