Illinois General Assembly - Full Text of HB1167
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Full Text of HB1167  102nd General Assembly

HB1167 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1167

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25g  from Ch. 122, par. 2-3.25g

    Amends the School Code. Makes technical and revisory changes in a Section concerning waivers of School Code mandates.


LRB102 03183 CMG 13196 b

 

 

A BILL FOR

 

HB1167LRB102 03183 CMG 13196 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
52-3.25g 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
8the School Code and administrative rules and regulations.
9    (a) In this Section:
10        "Board" means a school board or the the governing
11    board or administrative district, as the case may be, for
12    a joint agreement.
13        "Eligible applicant" means a school district, joint
14    agreement made up of school districts, or regional
15    superintendent of schools on behalf of schools and
16    programs operated by the regional office of education.
17        "Implementation date" has the meaning set forth in
18    Section 24A-2.5 of this Code.
19        "State Board" means the State Board of Education.
20    (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

 

 

HB1167- 2 -LRB102 03183 CMG 13196 b

1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code
9may be requested when the waivers are necessary to stimulate
10innovation or improve student performance or when the
11applicant demonstrates that it can address the intent of the
12mandate of the School Code in a more effective, efficient, or
13economical manner. Waivers may not be requested from laws,
14rules, and regulations pertaining to special education,
15teacher educator licensure, teacher tenure and seniority, or
16Section 5-2.1 of this Code or from compliance with the Every
17Student Succeeds Act (Public Law 114-95). Eligible applicants
18may not seek a waiver or seek a modification of a mandate
19regarding the requirements for (i) student performance data to
20be a significant factor in teacher or principal evaluations or
21(ii) teachers and principals to be rated using the 4
22categories of "excellent", "proficient", "needs improvement",
23or "unsatisfactory". On September 1, 2014, any previously
24authorized waiver or modification from such requirements shall
25terminate.
26    (c) Eligible applicants, as a matter of inherent

 

 

HB1167- 3 -LRB102 03183 CMG 13196 b

1managerial policy, and any Independent Authority established
2under Section 2-3.25f-5 of this Code may submit an application
3for a waiver or modification authorized under this Section.
4Each application must include a written request by the
5eligible applicant or Independent Authority and must
6demonstrate that the intent of the mandate can be addressed in
7a more effective, efficient, or economical manner or be based
8upon a specific plan for improved student performance and
9school improvement. Any eligible applicant requesting a waiver
10or modification for the reason that intent of the mandate can
11be addressed in a more economical manner shall include in the
12application a fiscal analysis showing current expenditures on
13the mandate and projected savings resulting from the waiver or
14modification. Applications and plans developed by eligible
15applicants must be approved by the board or regional
16superintendent of schools applying on behalf of schools or
17programs operated by the regional office of education
18following a public hearing on the application and plan and the
19opportunity for the board or regional superintendent to hear
20testimony from staff directly involved in its implementation,
21parents, and students. The time period for such testimony
22shall be separate from the time period established by the
23eligible applicant for public comment on other matters.
24    (c-5) If the applicant is a school district, then the
25district shall post information that sets forth the time,
26date, place, and general subject matter of the public hearing

 

 

HB1167- 4 -LRB102 03183 CMG 13196 b

1on its Internet website at least 14 days prior to the hearing.
2If the district is requesting to increase the fee charged for
3driver education authorized pursuant to Section 27-24.2 of
4this Code, the website information shall include the proposed
5amount of the fee the district will request. All school
6districts must publish a notice of the public hearing at least
77 days prior to the hearing in a newspaper of general
8circulation within the school district that sets forth the
9time, date, place, and general subject matter of the hearing.
10Districts requesting to increase the fee charged for driver
11education shall include in the published notice the proposed
12amount of the fee the district will request. If the applicant
13is a joint agreement or regional superintendent, then the
14joint agreement or regional superintendent shall post
15information that sets forth the time, date, place, and general
16subject matter of the public hearing on its Internet website
17at least 14 days prior to the hearing. If the joint agreement
18or regional superintendent is requesting to increase the fee
19charged for driver education authorized pursuant to Section
2027-24.2 of this Code, the website information shall include
21the proposed amount of the fee the applicant will request. All
22joint agreements and regional superintendents must publish a
23notice of the public hearing at least 7 days prior to the
24hearing in a newspaper of general circulation in each school
25district that is a member of the joint agreement or that is
26served by the educational service region that sets forth the

 

 

HB1167- 5 -LRB102 03183 CMG 13196 b

1time, date, place, and general subject matter of the hearing,
2provided that a notice appearing in a newspaper generally
3circulated in more than one school district shall be deemed to
4fulfill this requirement with respect to all of the affected
5districts. Joint agreements or regional superintendents
6requesting to increase the fee charged for driver education
7shall include in the published notice the proposed amount of
8the fee the applicant will request. The eligible applicant
9must notify either electronically or in writing the affected
10exclusive collective bargaining agent and those State
11legislators representing the eligible applicant's territory of
12its intent to seek approval of a waiver or modification and of
13the hearing to be held to take testimony from staff. The
14affected exclusive collective bargaining agents shall be
15notified of such public hearing at least 7 days prior to the
16date of the hearing and shall be allowed to attend such public
17hearing. The eligible applicant shall attest to compliance
18with all of the notification and procedural requirements set
19forth in this Section.
20    (d) A request for a waiver or modification of
21administrative rules and regulations or for a modification of
22mandates contained in this School Code shall be submitted to
23the State Board of Education within 15 days after approval by
24the board or regional superintendent of schools. The
25application as submitted to the State Board of Education shall
26include a description of the public hearing. Following receipt

 

 

HB1167- 6 -LRB102 03183 CMG 13196 b

1of the waiver or modification request, the State Board shall
2have 45 days to review the application and request. If the
3State Board fails to disapprove the application within that
445-day period, the waiver or modification shall be deemed
5granted. The State Board may disapprove any request if it is
6not based upon sound educational practices, endangers the
7health or safety of students or staff, compromises equal
8opportunities for learning, or fails to demonstrate that the
9intent of the rule or mandate can be addressed in a more
10effective, efficient, or economical manner or have improved
11student performance as a primary goal. Any request disapproved
12by the State Board may be appealed to the General Assembly by
13the eligible applicant as outlined in this Section.
14    A request for a waiver from mandates contained in this
15School Code shall be submitted to the State Board within 15
16days after approval by the board or regional superintendent of
17schools. The application as submitted to the State Board of
18Education shall include a description of the public hearing.
19The description shall include, but need not be limited to, the
20means of notice, the number of people in attendance, the
21number of people who spoke as proponents or opponents of the
22waiver, a brief description of their comments, and whether
23there were any written statements submitted. The State Board
24shall review the applications and requests for completeness
25and shall compile the requests in reports to be filed with the
26General Assembly. The State Board shall file reports outlining

 

 

HB1167- 7 -LRB102 03183 CMG 13196 b

1the waivers requested by eligible applicants and appeals by
2eligible applicants of requests disapproved by the State Board
3with the Senate and the House of Representatives before each
4March 1 and October 1.
5    The report shall be reviewed by a panel of 4 members
6consisting of:
7        (1) the Speaker of the House of Representatives;
8        (2) the Minority Leader of the House of
9    Representatives;
10        (3) the President of the Senate; and
11        (4) the Minority Leader of the Senate.
12The State Board of Education may provide the panel
13recommendations on waiver requests. The members of the panel
14shall review the report submitted by the State Board of
15Education and submit to the State Board of Education any
16notice of further consideration to any waiver request within
1714 days after the member receives the report. If 3 or more of
18the panel members submit a notice of further consideration to
19any waiver request contained within the report, the State
20Board of Education shall submit the waiver request to the
21General Assembly for consideration. If less than 3 panel
22members submit a notice of further consideration to a waiver
23request, the waiver may be approved, denied, or modified by
24the State Board. If the State Board does not act on a waiver
25request within 10 days, then the waiver request is approved.
26If the waiver request is denied by the State Board, it shall

 

 

HB1167- 8 -LRB102 03183 CMG 13196 b

1submit the waiver request to the General Assembly for
2consideration.
3    The General Assembly may disapprove any waiver request
4submitted to the General Assembly pursuant to this subsection
5(d) in whole or in part within 60 calendar days after each
6house of the General Assembly next convenes after the waiver
7request is submitted by adoption of a resolution by a record
8vote of the majority of members elected in each house. If the
9General Assembly fails to disapprove any waiver request or
10appealed request within such 60-day period, the waiver or
11modification shall be deemed granted. Any resolution adopted
12by the General Assembly disapproving a report of the State
13Board in whole or in part shall be binding on the State Board.
14    (e) An approved waiver or modification may remain in
15effect for a period not to exceed 5 school years and may be
16renewed upon application by the eligible applicant. However,
17such waiver or modification may be changed within that 5-year
18period by a board or regional superintendent of schools
19applying on behalf of schools or programs operated by the
20regional office of education following the procedure as set
21forth in this Section for the initial waiver or modification
22request. If neither the State Board of Education nor the
23General Assembly disapproves, the change is deemed granted.
24    (f) (Blank).
25(Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19;
26101-81, eff. 7-12-19.)