Sen. Andy Manar

Filed: 5/14/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 16, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
43, on page 103, line 21, after "18-12,", by inserting "22-60,";
6on page 353, immediately below line 10, by inserting the
8    "(105 ILCS 5/22-60)
9    Sec. 22-60. Unfunded mandates prohibited.
10    (a) No public school district or private school is
11obligated to comply with the following types of mandates unless
12a separate appropriation has been enacted into law providing
13full funding for the mandate for the school year during which
14the mandate is required:
15        (1) Any mandate in this Code enacted after the
16    effective date of this amendatory Act of the 96th General



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1    Assembly.
2        (2) Any regulatory mandate promulgated by the State
3    Board of Education and adopted by rule after the effective
4    date of this amendatory Act of the 96th General Assembly
5    other than those promulgated with respect to this Section
6    or statutes already enacted on or before the effective date
7    of this amendatory Act of the 96th General Assembly.
8        (3) Any mandate in Article 27 of this Code, except
9    those included as of the effective date of this amendatory
10    Act of the 98th General Assembly in Sections 27-1, 27-2,
11    27-8.1, 27-14, and 27-22. The provisions of this paragraph
12    (3) are operative only during the 2014-2015, 2015-2016, and
13    2016-2017 school years.
14    (b) If the amount appropriated to fund a mandate described
15in subsection (a) of this Section does not fully fund the
16mandated activity, then the school district or private school
17may choose to discontinue or modify the mandated activity to
18ensure that the costs of compliance do not exceed the funding
20    Before discontinuing or modifying the mandate, the school
21district shall petition its regional superintendent of schools
22on or before February 15 of each year to request to be exempt
23from implementing the mandate in a school or schools in the
24next school year. The petition shall include all legitimate
25costs associated with implementing and operating the mandate,
26the estimated reimbursement from State and federal sources, and



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1any unique circumstances the school district can verify that
2exist that would cause the implementation and operation of such
3a mandate to be cost prohibitive.
4    The regional superintendent of schools shall review the
5petition. In accordance with the Open Meetings Act, he or she
6shall convene a public hearing to hear testimony from the
7school district and interested community members. The regional
8superintendent shall, on or before March 15 of each year,
9inform the school district of his or her decision, along with
10the reasons why the exemption was granted or denied, in
11writing. The regional superintendent must also send
12notification to the State Board of Education detailing which
13school districts requested an exemption and the results.
14    If the regional superintendent grants an exemption to the
15school district, then the school district is relieved from the
16requirement to establish and implement the mandate in the
17school or schools granted an exemption for the next school
18year. If the regional superintendent of schools does not grant
19an exemption, then the school district shall implement the
20mandate in accordance with the applicable law or rule by the
21first student attendance day of the next school year. However,
22the school district or a resident of the school district may on
23or before April 15 appeal the decision of the regional
24superintendent to the State Superintendent of Education. The
25State Superintendent shall hear appeals on the decisions of
26regional superintendents of schools no later than May 15 of



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1each year. The State Superintendent shall make a final decision
2at the conclusion of the hearing on the school district's
3request for an exemption from the mandate. If the State
4Superintendent grants an exemption, then the school district is
5relieved from the requirement to implement a mandate in the
6school or schools granted an exemption for the next school
7year. If the State Superintendent does not grant an exemption,
8then the school district shall implement the mandate in
9accordance with the applicable law or rule by the first student
10attendance day of the next school year.
11    If a school district or private school discontinues or
12modifies a mandated activity due to lack of full funding from
13the State, then the school district or private school shall
14annually maintain and update a list of discontinued or modified
15mandated activities. The list shall be provided to the State
16Board of Education upon request.
17    (c) This Section does not apply to (i) any new statutory or
18regulatory mandates related to revised learning standards
19developed through the Common Core State Standards Initiative
20and assessments developed to align with those standards or
21actions specified in this State's Phase 2 Race to the Top Grant
22application if the application is approved by the United States
23Department of Education or (ii) new statutory or regulatory
24mandates from the Race to the Top Grant through the federal
25American Recovery and Reinvestment Act of 2009 imposed on
26school districts designated as being in the lowest performing



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15% of schools within the Race to the Top Grant application.
2    (d) In any instances in which this Section conflicts with
3the State Mandates Act, the State Mandates Act shall prevail.
4(Source: P.A. 96-1441, eff. 8-20-10.)".