Full Text of SB1493 94th General Assembly
SB1493sam002 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/11/2005
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09400SB1493sam002 |
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LRB094 11113 RAS 44626 a |
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| AMENDMENT TO SENATE BILL 1493
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| AMENDMENT NO. ______. Amend Senate Bill 1493, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by changing Sections | 6 |
| 2-3.25g and 5-2.1 and by adding Section 5-1b as follows:
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| (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
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| Sec. 2-3.25g. Waiver or modification of mandates within the | 9 |
| School
Code and administrative rules and regulations. | 10 |
| (a) In this Section: | 11 |
| "Board" means a school board or the governing board or | 12 |
| administrative district, as the case may be, for a joint | 13 |
| agreement. | 14 |
| "Eligible applicant" means a school district, joint | 15 |
| agreement made up of school districts, or regional | 16 |
| superintendent of schools on behalf of schools and programs | 17 |
| operated by the regional office of education.
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| "State Board" means the State Board of Education.
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| (b) Notwithstanding any other
provisions of this School | 20 |
| Code or any other law of this State to the
contrary, eligible | 21 |
| applicants may petition the State Board of Education for the
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| waiver or modification of the mandates of this School Code or | 23 |
| of the
administrative rules and regulations promulgated by the | 24 |
| State Board of
Education. Waivers or modifications of |
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LRB094 11113 RAS 44626 a |
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| administrative rules and regulations
and modifications of | 2 |
| mandates of this School Code may be requested when an eligible | 3 |
| applicant demonstrates that it can address the intent of the | 4 |
| rule or
mandate in a more effective, efficient, or economical | 5 |
| manner or when necessary
to stimulate innovation or improve | 6 |
| student performance. Waivers of
mandates of
the School Code may | 7 |
| be requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be | 9 |
| requested
from laws, rules, and regulations pertaining to | 10 |
| special education, teacher
certification, or teacher tenure | 11 |
| and seniority , or Section 5-2.1 of this Code or from compliance | 12 |
| with the No
Child Left Behind Act of 2001 (Public Law 107-110).
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| (c) Eligible applicants, as a matter of inherent managerial | 14 |
| policy, and any
Independent Authority established under | 15 |
| Section 2-3.25f may submit an
application for a waiver or | 16 |
| modification authorized under this Section. Each
application | 17 |
| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of | 19 |
| the mandate can
be addressed in a more effective, efficient, or | 20 |
| economical manner
or be based
upon a specific plan for improved | 21 |
| student performance and school improvement.
Any eligible | 22 |
| applicant requesting a waiver or modification for the reason | 23 |
| that intent
of the mandate can be addressed in a more | 24 |
| economical manner shall include in
the application a fiscal | 25 |
| analysis showing current expenditures on the mandate
and | 26 |
| projected savings resulting from the waiver
or modification. | 27 |
| Applications
and plans developed by eligible applicants must be | 28 |
| approved by the board or regional superintendent of schools | 29 |
| applying on behalf of schools or programs operated by the | 30 |
| regional office of education following a public hearing on the | 31 |
| application and plan and the
opportunity for the board or | 32 |
| regional superintendent to hear testimony from educators | 33 |
| directly involved in
its implementation, parents, and | 34 |
| students.
If the applicant is a school district or joint |
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| agreement, the public hearing shall be held on a day other than | 2 |
| the day on which a
regular meeting of the board is held. If the | 3 |
| applicant is a school district, the
public hearing must be | 4 |
| preceded
by at least one published notice occurring at least 7 | 5 |
| days prior to the hearing
in a newspaper of general circulation | 6 |
| within the school district that sets
forth the time, date, | 7 |
| place, and general subject matter of the hearing. If the | 8 |
| applicant is a joint agreement or regional superintendent, the | 9 |
| public hearing must be preceded by at least one published | 10 |
| notice (setting forth the time, date, place, and general | 11 |
| subject matter of the hearing) occurring at least 7 days prior | 12 |
| to the hearing in a newspaper of general circulation in each | 13 |
| school district that is a member of the joint agreement or that | 14 |
| is served by the educational service region, provided that a | 15 |
| notice appearing in a newspaper generally circulated in more | 16 |
| than one school district shall be deemed to fulfill this | 17 |
| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected | 19 |
| exclusive collective
bargaining agent and those State | 20 |
| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of | 22 |
| the hearing to be held to take testimony from educators.
The | 23 |
| affected exclusive collective bargaining agents shall be | 24 |
| notified of such
public hearing at least 7 days prior to the | 25 |
| date of the hearing and shall be
allowed to attend
such public | 26 |
| hearing. The eligible applicant shall attest to compliance with | 27 |
| all of
the notification and procedural requirements set forth | 28 |
| in this Section.
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| (d) A request for a waiver or modification of | 30 |
| administrative rules and
regulations or for a modification of | 31 |
| mandates contained in this School Code
shall be submitted to | 32 |
| the State Board of Education within 15 days after
approval by | 33 |
| the board or regional superintendent of schools. The | 34 |
| application as submitted to the
State Board of Education shall |
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| include a description of the public hearing.
Following receipt | 2 |
| of the request, the
State Board shall have 45 days to review | 3 |
| the application and request. If the
State Board fails to | 4 |
| disapprove the application within that 45 day period, the
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| waiver or modification shall be deemed granted. The State Board
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| may disapprove
any request if it is not based upon sound | 7 |
| educational practices, endangers the
health or safety of | 8 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 10 |
| or mandate can be
addressed in a more effective, efficient, or | 11 |
| economical manner or have improved
student performance as a | 12 |
| primary goal. Any request disapproved by the State
Board may be | 13 |
| appealed to the General Assembly by the eligible applicant
as | 14 |
| outlined in this Section.
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| A request for a waiver from mandates contained in this | 16 |
| School Code shall be
submitted to the State Board within 15 | 17 |
| days after approval by the board or regional superintendent of | 18 |
| schools.
The application as submitted to the State Board of | 19 |
| Education
shall include a description of the public hearing. | 20 |
| The description shall
include, but need not be limited to, the | 21 |
| means of notice, the number of people
in attendance, the number | 22 |
| of people who spoke as proponents or opponents of the
waiver, a | 23 |
| brief description of their comments, and whether there were any
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| written statements submitted.
The State Board shall review the | 25 |
| applications and requests for
completeness and shall compile | 26 |
| the requests in reports to be filed with the
General Assembly.
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| The State Board shall file
reports outlining the waivers
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| requested by eligible applicants
and appeals by eligible | 29 |
| applicants of requests
disapproved by the State Board with the | 30 |
| Senate and the House of
Representatives before each May 1 and
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| October
1. The General Assembly may disapprove the report of | 32 |
| the State Board in whole
or in part within 30 calendar days | 33 |
| after each house of the General Assembly
next
convenes after | 34 |
| the report is filed by adoption of a resolution by a record |
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| vote
of the majority of members elected in each house. If the | 2 |
| General Assembly
fails to disapprove any waiver request or | 3 |
| appealed request within such 30
day period, the waiver or | 4 |
| modification shall be deemed granted. Any resolution
adopted by | 5 |
| the General Assembly disapproving a report of the State Board | 6 |
| in
whole or in part shall be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect | 8 |
| for a period not to
exceed 5 school years and may be renewed | 9 |
| upon application by the
eligible applicant. However, such | 10 |
| waiver or modification may be changed within that
5-year period | 11 |
| by a board or regional superintendent of schools applying on | 12 |
| behalf of schools or programs operated by the regional office | 13 |
| of education following the procedure as set
forth in this | 14 |
| Section for the initial waiver or modification request. If
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| neither the State Board of Education nor the General Assembly | 16 |
| disapproves, the
change is deemed granted.
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| (f) On or before February 1, 1998, and each year | 18 |
| thereafter, the State Board of
Education shall submit a | 19 |
| cumulative report summarizing all types of waivers of
mandates | 20 |
| and modifications of mandates granted by the State Board or the
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| General Assembly. The report shall identify the topic of the | 22 |
| waiver along with
the number and percentage of eligible | 23 |
| applicants for which the waiver has been
granted. The report | 24 |
| shall also include any recommendations from the State
Board | 25 |
| regarding the repeal or modification of waived mandates.
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| (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; | 27 |
| 93-707, eff. 7-9-04.)
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| (105 ILCS 5/5-1b new) | 29 |
| Sec. 5-1b. Elementary school districts. Notwithstanding | 30 |
| any other provision of this Code, the school board of any | 31 |
| elementary school district that is located in a Class II county | 32 |
| school unit and whose territory includes all or any part of the | 33 |
| territory included within a high school district that crosses |
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| township boundaries may, by resolution, withdraw from the | 2 |
| jurisdiction and authority of the township treasurer and the | 3 |
| trustees of schools that currently serve the elementary school | 4 |
| district and transfer and otherwise submit to the jurisdiction | 5 |
| and authority of the township treasurer or trustees of schools | 6 |
| of another township that then serves the high school district.
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| (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
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| Sec. 5-2.1. Eligible Voters: For the purposes of this | 9 |
| Article persons
who are qualified to vote in school elections | 10 |
| shall be eligible to vote
for the trustees of schools who have | 11 |
| jurisdiction over the elementary school
district or unit school | 12 |
| district in which the person resides.
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| If
However, if the application of this Section results in | 14 |
| an elector
voting for trustees of a school township in which he | 15 |
| does not reside
because the elementary or unit school district | 16 |
| crosses township boundaries
and has been assigned to the | 17 |
| jurisdiction of the trustees of an adjoining
township, that | 18 |
| elector shall also be eligible to vote for the trustees of
the | 19 |
| township within which he resides. Moreover, an elector who | 20 |
| resides in a high school district that crosses township | 21 |
| boundaries and has been assigned to the jurisdiction of the | 22 |
| trustees of an adjoining township shall be eligible to vote for | 23 |
| both the trustees of the township in which he or she resides | 24 |
| and the trustees of the township having jurisdiction over the | 25 |
| high school district in which he or she resides.
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| (Source: P.A. 85-1435.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
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