State of Illinois
90th General Assembly

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      105 ILCS 5/2-3.25g        from Ch. 122, par. 2-3.25g
          Amends the School Code.  Provides that  school  districts
      may  not  request  waivers  from laws, rules, and regulations
      pertaining to legal school holidays.  Effective immediately.
 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 this School Code or
11    any other law of this State to the contrary, school districts
12    may petition the State Board of Education for the  waiver  or
13    modification  of  the  mandates of this School Code or of the
14    administrative rules and regulations promulgated by the State
15    Board   of   Education.    Waivers   or   modifications    of
16    administrative  rules  and  regulations  and modifications of
17    mandates of this School Code may be requested when  a  school
18    district  demonstrates  that it can address the intent of the
19    rule or mandate in a more effective, efficient, or economical
20    manner or when necessary to stimulate innovation  or  improve
21    student  performance.  Waivers of mandates of the School Code
22    may be requested when the waivers are necessary to  stimulate
23    innovation  or  improve student performance.  Waivers may not
24    be requested from laws, rules, and regulations pertaining  to
25    special   education,   teacher  certification,  legal  school
26    holidays, 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 allowed to attend such public hearing.
25        A  request for a waiver or modification of administrative
26    rules and regulations  or  for  a  modification  of  mandates
27    contained in this School Code shall be submitted to the State
28    Board of Education within 15 days after approval by the board
29    of  education.   Following  receipt of the request, the State
30    Board shall have  45  days  to  review  the  application  and
31    request.    If  the  State  Board  fails  to  disapprove  the
32    application  within  that  45  day  period,  the  waiver   or
33    modification  shall  be  deemed granted.  The State Board may
34    disapprove  any  request  if  it  is  not  based  upon  sound
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 1    educational practices, endangers  the  health  or  safety  of
 2    students   or  staff,  compromises  equal  opportunities  for
 3    learning, or fails to demonstrate that the intent of the rule
 4    or mandate can be addressed in a more  effective,  efficient,
 5    or  economical manner or have improved student performance as
 6    a primary goal.  Any request disapproved by the  State  Board
 7    may  be  appealed  to  the General Assembly by the requesting
 8    school district as outlined in this Section.
 9        A request for a waiver from mandates  contained  in  this
10    School  Code  shall be submitted to the State Board within 15
11    days after approval by the board  of  education.   The  State
12    Board   shall   review  the  applications  and  requests  for
13    completeness and shall compile the requests in reports to  be
14    filed  within  the  General  Assembly.  The State Board shall
15    file  reports  outlining  the  waivers  requested  by  school
16    districts  and  appeals  by  school  districts  of   requests
17    disapproved  by the State Board with the Senate, the House of
18    Representatives, and the Secretary of State before October 1,
19    1995, and thereafter before each May 1 and  October  1.   The
20    General Assembly may disapprove the report of the State Board
21    in  whole or in part within 30 calendar days after each house
22    of the legislature next convenes after the report is filed by
23    adoption of a resolution by a record vote of the majority  of
24    members elected in each house.  If the General Assembly fails
25    to  disapprove  any waiver request or appealed request within
26    such 30 day period,  the  waiver  or  modification  shall  be
27    deemed  granted.   Any  resolution  adopted  by  the  General
28    Assembly disapproving a report of the State Board in whole or
29    in part shall be binding on the State Board.
30        An  approved  waiver or modification may remain in effect
31    for a period not to exceed  five  school  years  and  may  be
32    renewed upon application by the school district.
33    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96.)
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 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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