Full Text of SB3091 93rd General Assembly
SB3091enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 2-3.25g 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 | 8 |
| School
Code and administrative rules and regulations. | 9 |
| (a) In this Section: | 10 |
| "Board" means a school board or the governing board or | 11 |
| administrative district, as the case may be, for a joint | 12 |
| 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 programs | 16 |
| 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 | 19 |
| Code or any other law of this State to the
contrary, eligible | 20 |
| applicants
school districts may petition the State Board of | 21 |
| Education for the
waiver or modification of the mandates of | 22 |
| this School Code or of the
administrative rules and regulations | 23 |
| promulgated by the State Board of
Education. Waivers or | 24 |
| modifications of administrative rules and regulations
and | 25 |
| modifications of mandates of this School Code may be requested | 26 |
| when an eligible applicant
a
school district demonstrates that | 27 |
| it can address the intent of the rule or
mandate in a more | 28 |
| effective, efficient, or economical manner or when necessary
to | 29 |
| stimulate innovation or improve student performance. Waivers | 30 |
| of
mandates of
the School Code may be requested when the | 31 |
| waivers are necessary to stimulate
innovation or improve | 32 |
| student performance. Waivers may not be requested
from laws, |
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| rules, and regulations pertaining to special education, | 2 |
| teacher
certification, or teacher tenure and seniority or from | 3 |
| compliance with the No
Child Left Behind Act of 2001 (Public | 4 |
| Law 107-110).
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| (c) Eligible applicants
School districts , as a matter of | 6 |
| inherent managerial policy, and any
Independent Authority | 7 |
| established under Section 2-3.25f may submit an
application for | 8 |
| a waiver or modification authorized under this Section. Each
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| application must include a written request by the eligible | 10 |
| applicant
school district or
Independent Authority and must | 11 |
| demonstrate that the intent of the mandate can
be addressed in | 12 |
| a more effective, efficient, or economical manner
or be based
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| upon a specific plan for improved student performance and | 14 |
| school improvement.
Any eligible applicant
district requesting | 15 |
| a waiver or modification for the reason that intent
of the | 16 |
| mandate can be addressed in a more economical manner shall | 17 |
| include in
the application a fiscal analysis showing current | 18 |
| expenditures on the mandate
and projected savings resulting | 19 |
| from the waiver
or modification. Applications
and plans | 20 |
| developed by eligible applicants
school districts must be | 21 |
| approved by the
each board or regional superintendent of | 22 |
| schools applying on behalf of schools or programs operated by | 23 |
| the regional office of education
of
education following a | 24 |
| public hearing on the application and plan and the
opportunity | 25 |
| for the board or regional superintendent to hear testimony from | 26 |
| educators directly involved in
its implementation, parents, | 27 |
| and students.
If the applicant is a school district or joint | 28 |
| agreement, the
Such public hearing shall be held on a day other | 29 |
| than the day on which a
regular meeting of the board is held. | 30 |
| If the applicant is a school district, the
The
public hearing | 31 |
| must be preceded
by at least one published notice occurring at | 32 |
| least 7 days prior to the hearing
in a newspaper of general | 33 |
| circulation within the school district that sets
forth the | 34 |
| time, date, place, and general subject matter of the hearing. | 35 |
| If the applicant is a joint agreement or regional | 36 |
| superintendent, the public hearing must be preceded by at least |
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| one published notice (setting forth the time, date, place, and | 2 |
| general subject matter of the hearing) occurring at least 7 | 3 |
| days prior to the hearing in a newspaper of general circulation | 4 |
| in each school district that is a member of the joint agreement | 5 |
| or that is served by the educational service region, provided | 6 |
| that a notice appearing in a newspaper generally circulated in | 7 |
| more than one school district shall be deemed to fulfill this | 8 |
| requirement with respect to all of the affected districts. The
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| eligible applicant
school district must notify in writing the | 10 |
| affected exclusive collective
bargaining agent and those State | 11 |
| legislators representing the eligible applicant's territory
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| district
holding the public hearing of the district's
its
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| intent to seek approval of a
waiver or
modification and of the | 14 |
| hearing to be held to take testimony from educators.
The | 15 |
| affected exclusive collective bargaining agents shall be | 16 |
| notified of such
public hearing at least 7 days prior to the | 17 |
| date of the hearing and shall be
allowed to attend
such public | 18 |
| hearing. The eligible applicant
district shall attest to | 19 |
| compliance with all of
the notification and procedural | 20 |
| requirements set forth in this Section.
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| (d) A request for a waiver or modification of | 22 |
| administrative rules and
regulations or for a modification of | 23 |
| mandates contained in this School Code
shall be submitted to | 24 |
| the State Board of Education within 15 days after
approval by | 25 |
| the board or regional superintendent of schools
of education . | 26 |
| The application as submitted to the
State Board of Education | 27 |
| shall include a description of the public hearing.
Following | 28 |
| receipt of the request, the
State Board shall have 45 days to | 29 |
| review the application and request. If the
State Board fails to | 30 |
| 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 | 33 |
| educational practices, endangers the
health or safety of | 34 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 36 |
| or mandate can be
addressed in a more effective, efficient, or |
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| economical manner or have improved
student performance as a | 2 |
| primary goal. Any request disapproved by the State
Board may be | 3 |
| appealed to the General Assembly by the eligible applicant
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| requesting school district
as outlined in this Section.
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| A request for a waiver from mandates contained in this | 6 |
| School Code shall be
submitted to the State Board within 15 | 7 |
| days after approval by the board or regional superintendent of | 8 |
| schools
of
education .
The application as submitted to the State | 9 |
| Board of Education
shall include a description of the public | 10 |
| hearing. The description shall
include, but need not be limited | 11 |
| to, the means of notice, the number of people
in attendance, | 12 |
| the number of people who spoke as proponents or opponents of | 13 |
| the
waiver, a brief description of their comments, and whether | 14 |
| there were any
written statements submitted.
The State Board | 15 |
| shall review the applications and requests for
completeness and | 16 |
| shall compile the requests in reports to be filed with the
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| General Assembly.
The State Board shall file
reports outlining | 18 |
| the waivers
requested by eligible applicants
school districts
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| and appeals by eligible applicants
school districts of requests
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| disapproved by the State Board with the Senate and the House of
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| Representatives before each May 1 and
October
1. The General | 22 |
| Assembly may disapprove the report of the State Board in whole
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| or in part within 30 calendar days after each house of the | 24 |
| General Assembly
next
convenes after the report is filed by | 25 |
| adoption of a resolution by a record vote
of the majority of | 26 |
| members elected in each house. If the General Assembly
fails to | 27 |
| disapprove any waiver request or appealed request within such | 28 |
| 30
day period, the waiver or modification shall be deemed | 29 |
| granted. Any resolution
adopted by the General Assembly | 30 |
| disapproving a report of the State Board in
whole or in part | 31 |
| shall be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect | 33 |
| for a period not to
exceed 5 school years and may be renewed | 34 |
| upon application by the
eligible applicant
school
district . | 35 |
| However, such waiver or modification may be changed within that
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| 5-year period by a local school district board or regional |
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| superintendent of schools applying on behalf of schools or | 2 |
| programs operated by the regional office of education following | 3 |
| the procedure as set
forth in this Section for the initial | 4 |
| waiver or modification request. If
neither the State Board of | 5 |
| Education nor the General Assembly disapproves, the
change is | 6 |
| deemed granted.
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| (f) On or before February 1, 1998, and each year | 8 |
| thereafter, the State Board of
Education shall submit a | 9 |
| cumulative report summarizing all types of waivers of
waiver
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| mandates and modifications of mandates granted by the State | 11 |
| Board or the
General Assembly. The report shall identify the | 12 |
| topic of the waiver along with
the number and percentage of | 13 |
| eligible applicants
school districts for which the waiver has | 14 |
| been
granted. The report shall also include any recommendations | 15 |
| from the State
Board regarding the repeal or modification of | 16 |
| waived mandates.
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| (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; | 18 |
| revised 9-11-03.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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