State of Illinois
90th General Assembly
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90_HB3274

      105 ILCS 5/2-3.25g        from Ch. 122, par. 2-3.25g
          Amends the School Code.  Makes  changes  of  style  in  a
      Section relating to mandate waivers.
                                                     LRB9010012THdv
                                               LRB9010012THdv
 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    2-3.25g.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  School  Code  is  amended by changing
 6    Section 2-3.25g as follows:
 7        (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
 8        Sec. 2-3.25g.  Waiver or modification of mandates  within
 9    the  School  Code  and  administrative rules and regulations.
10    Notwithstanding any other provisions of the this School  Code
11    or  any  other  law  of  this  State  to the contrary, school
12    districts may petition the State Board of Education  for  the
13    waiver  or  modification  of  the mandates of the this School
14    Code  or  of  the  administrative   rules   and   regulations
15    promulgated  by  the  State  Board  of Education.  Waivers or
16    modifications of administrative  rules  and  regulations  and
17    modifications  of  mandates  of  the  this School Code may be
18    requested when a school district  demonstrates  that  it  can
19    address  the  intent  of  the  rule  or  mandate  in  a  more
20    effective,  efficient, or economical manner or when necessary
21    to  stimulate  innovation  or  improve  student  performance.
22    Waivers of mandates of the School Code may be requested  when
23    the  waivers are necessary to stimulate innovation or improve
24    student performance.  Waivers may not be requested from laws,
25    rules,  and  regulations  pertaining  to  special  education,
26    teacher certification, or teacher tenure and seniority.
27        School districts, as  a  matter  of  inherent  managerial
28    policy,  and  any  Independent  Authority  established  under
29    Section  2-3.25f  may  submit  an application for a waiver or
30    modification authorized under this Section.  Each application
31    must include a written request  by  the  school  district  or
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 1    Independent Authority and must demonstrate that the intent of
 2    the  mandate can be addressed in a more effective, efficient,
 3    or economical manner or be based upon  a  specific  plan  for
 4    improved  student  performance  and  school improvement.  Any
 5    district requesting a waiver or modification for  the  reason
 6    that  intent  of  the  mandate  can  be  addressed  in a more
 7    economical manner shall include in the application  a  fiscal
 8    analysis  showing  current  expenditures  on  the mandate and
 9    projected savings resulting from the waiver or  modification.
10    Applications  and plans developed by school districts must be
11    approved by  each  board  of  education  following  a  public
12    hearing  on  the application and plan and the opportunity for
13    the board to hear testimony from educators directly  involved
14    in  its  implementation,  parents,  and  students. The public
15    hearing must be preceded by at  least  one  published  notice
16    occurring at least 7 days prior to the hearing in a newspaper
17    of  general  circulation within the school district that sets
18    forth the time, date, place, and general  subject  matter  of
19    the  hearing.  The school district must notify in writing the
20    affected  exclusive  collective  bargaining  agent   of   the
21    district's   intent   to   seek   approval  of  a  waiver  or
22    modification and of the hearing to be held to take  testimony
23    from educators.  The affected exclusive collective bargaining
24    agents  shall  be  notified of such public hearing at least 7
25    days prior to the date of the hearing and shall be allowed to
26    attend such public hearing.
27        A request for a waiver or modification of  administrative
28    rules  and  regulations  or  for  a  modification of mandates
29    contained in this School Code shall be submitted to the State
30    Board of Education within 15 days after approval by the board
31    of education.  Following receipt of the  request,  the  State
32    Board  shall  have  45  days  to  review  the application and
33    request.   If  the  State  Board  fails  to  disapprove   the
34    application   within  that  45  day  period,  the  waiver  or
                            -3-                LRB9010012THdv
 1    modification shall be deemed granted.  The  State  Board  may
 2    disapprove  any  request  if  it  is  not  based  upon  sound
 3    educational  practices,  endangers  the  health  or safety of
 4    students  or  staff,  compromises  equal  opportunities   for
 5    learning, or fails to demonstrate that the intent of the rule
 6    or  mandate  can be addressed in a more effective, efficient,
 7    or economical manner or have improved student performance  as
 8    a  primary  goal.  Any request disapproved by the State Board
 9    may be appealed to the General  Assembly  by  the  requesting
10    school district as outlined in this Section.
11        A  request  for  a waiver from mandates contained in this
12    School Code shall be submitted to the State Board  within  15
13    days  after  approval  by  the board of education.  The State
14    Board  shall  review  the  applications  and   requests   for
15    completeness  and shall compile the requests in reports to be
16    filed with the General Assembly. The State Board  shall  file
17    reports  outlining  the waivers requested by school districts
18    and appeals by school districts of  requests  disapproved  by
19    the   State   Board   with   the  Senate  and  the  House  of
20    Representatives before each May 1 and October 1.  The General
21    Assembly may disapprove the report  of  the  State  Board  in
22    whole  or in part within 30 calendar days after each house of
23    the General Assembly next convenes after the report is  filed
24    by  adoption of a resolution by a record vote of the majority
25    of members elected in each house.  If  the  General  Assembly
26    fails  to  disapprove  any waiver request or appealed request
27    within such 30 day period, the waiver or  modification  shall
28    be  deemed  granted.   Any  resolution adopted by the General
29    Assembly disapproving a report of the State Board in whole or
30    in part shall be binding on the State Board.
31        An approved waiver or modification may remain  in  effect
32    for  a period not to exceed 5 school years and may be renewed
33    upon application by the school district. However, such waiver
34    or modification may be changed within that 5-year period by a
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 1    local school district board following the  procedure  as  set
 2    forth  in this Section for the initial waiver or modification
 3    request.  If neither the State Board  of  Education  nor  the
 4    General Assembly disapproves, the change is deemed granted.
 5        On  or before February 1, 1998, and each year thereafter,
 6    the State Board of Education shall submit a cumulative report
 7    summarizing all types of waiver mandates and modifications of
 8    mandates granted by the State Board or the General  Assembly.
 9    The  report shall identify the topic of the waiver along with
10    the number and percentage of school districts for  which  the
11    waiver  has  been granted.  The report shall also include any
12    recommendations from the State Board regarding the repeal  or
13    of modification of waived mandates.
14    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
15    eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)

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