State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]
[ Senate Amendment 001 ]


      105 ILCS 5/18-13          from Ch. 122, par. 18-13
          Amends the School Code to make a technical correction  in
      a  Section  dealing  with  the  payment  of  funds  to school
SB1475 Engrossed                               SRS90S0074KSaw
 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    and joint agreements made up of school districts may petition
13    the  State  Board of Education for the waiver or modification
14    of the mandates of this School Code or of the  administrative
15    rules  and  regulations  promulgated  by  the  State Board of
16    Education.  Waivers or modifications of administrative  rules
17    and  regulations and modifications of mandates of this School
18    Code may  be  requested  when  a  school  district  or  joint
19    agreement  demonstrates that it can address the intent of the
20    rule or mandate in a more effective, efficient, or economical
21    manner or when necessary to stimulate innovation  or  improve
22    student  performance.  Waivers of mandates of the School Code
23    may be requested when the waivers are necessary to  stimulate
24    innovation  or  improve student performance.  Waivers may not
25    be requested from laws, rules, and regulations pertaining  to
26    special  education,  teacher certification, or teacher tenure
27    and seniority.
28        School districts and joint agreements made up  of  school
29    districts, as a matter of inherent managerial policy, and any
30    Independent  Authority  established under Section 2-3.25f may
31    submit an application for a waiver or modification authorized
SB1475 Engrossed            -2-                SRS90S0074KSaw
 1    under this Section.  Each application must include a  written
 2    request   by   the   school  district,  joint  agreement,  or
 3    Independent Authority and must demonstrate that the intent of
 4    the mandate can be addressed in a more effective,  efficient,
 5    or  economical  manner  or  be based upon a specific plan for
 6    improved student performance and  school  improvement.    Any
 7    entity  district  requesting a waiver or modification for the
 8    reason that the intent of the mandate can be addressed  in  a
 9    more  economical  manner  shall  include in the application a
10    fiscal analysis showing current expenditures on  the  mandate
11    and   projected   savings   resulting   from  the  waiver  or
12    modification.  An application and plan Applications and plans
13    developed by a school district or a joint agreement  made  up
14    of  school districts must be approved by the local each board
15    of education or the  joint  agreement's  governing  board  or
16    administrative  district,  as  the  case  may be, following a
17    public  hearing  on  the  application  and   plan   and   the
18    opportunity for the board, governing board, or administrative
19    district  to  hear testimony from educators directly involved
20    in its implementation, parents, and students. In the case  of
21    a  school district, the public hearing must be preceded by at
22    least one notification to parents published notice  occurring
23    at  least  7  days  prior  to  the  hearing in a newspaper of
24    general circulation within  the  school  district  that  sets
25    forth  the  time,  date, place, and general subject matter of
26    the hearing.  In the case of a joint  agreement,  the  public
27    hearing  must  be  preceded  by at least one published notice
28    occurring at least 7 days prior to the hearing in a newspaper
29    of general circulation in each school  district  which  is  a
30    member  of  the  joint  agreement,  provided  that  a  notice
31    appearing  in  a  newspaper generally circulated in more than
32    one  school  district  shall  be  deemed  to   fulfill   this
33    requirement with respect to all such affected districts.  The
34    school district or joint agreement must notify in writing the
SB1475 Engrossed            -3-                SRS90S0074KSaw
 1    affected   exclusive   collective  bargaining  agent  of  the
 2    district's or joint agreement's intent to seek approval of  a
 3    waiver  or modification and of the hearing to be held to take
 4    testimony from educators.  The affected exclusive  collective
 5    bargaining agents shall be notified of such public hearing at
 6    least  7  days  prior to the date of the hearing and shall be
 7    allowed to attend such public  hearing.  Applications  for  a
 8    waiver  or modification submitted after the effective date of
 9    this amendatory Act shall include a description of the public
10    hearing.
11        A request for a waiver or modification of  administrative
12    rules  and  regulations  or  for  a  modification of mandates
13    contained in this School Code shall be submitted to the State
14    Board of Education within 15 days after approval by the board
15    of education or by  the  governing  board  or  administrative
16    district  of  the  joint agreement.  Following receipt of the
17    request, the State Board shall have 45  days  to  review  the
18    application  and  request.   If  the  State  Board  fails  to
19    disapprove  the  application  within  that 45 day period, the
20    waiver or modification shall be deemed  granted.   The  State
21    Board  may  disapprove  any  request  if it is not based upon
22    sound educational practices, endangers the health  or  safety
23    of  students  or  staff,  compromises equal opportunities for
24    learning, or fails to demonstrate that the intent of the rule
25    or mandate can be addressed in a more  effective,  efficient,
26    or  economical manner or have improved student performance as
27    a primary goal.  Any request disapproved by the  State  Board
28    may  be  appealed  to  the General Assembly by the requesting
29    school district  or  joint  agreement  as  outlined  in  this
30    Section.
31        A  request  for  a waiver from mandates contained in this
32    School Code shall be submitted to the State Board  within  15
33    days  after  approval  by  the  board  of education or by the
34    governing board  or  administrative  district  of  the  joint
SB1475 Engrossed            -4-                SRS90S0074KSaw
 1    agreement.  The State Board shall review the applications and
 2    requests  for  completeness and shall compile the requests in
 3    reports to be filed with  the  General  Assembly.  The  State
 4    Board  shall  file reports outlining the waivers requested by
 5    school districts and joint agreements and appeals  by  school
 6    districts and joint agreements of requests disapproved by the
 7    State  Board with the Senate and the House of Representatives
 8    before each May 1 and October 1.  The  General  Assembly  may
 9    disapprove  the report of the State Board in whole or in part
10    within 30 calendar days  after  each  house  of  the  General
11    Assembly  next convenes after the report is filed by adoption
12    of a resolution by a record vote of the majority  of  members
13    elected  in  each  house.   If  the General Assembly fails to
14    disapprove any waiver request or appealed request within such
15    30 day period, the waiver or  modification  shall  be  deemed
16    granted.   Any  resolution  adopted  by  the General Assembly
17    disapproving a report of the State Board in whole or in  part
18    shall be binding on the State Board.
19        An  approved  waiver or modification may remain in effect
20    for a period not to exceed 5 school years and may be  renewed
21    upon  application  by the school district or joint agreement.
22    However, such waiver or modification may  be  changed  within
23    that 5-year period by a local school district board or by the
24    governing   board  or  administrative  district  of  a  joint
25    agreement following  the  procedure  as  set  forth  in  this
26    Section  for  the initial waiver or modification request.  If
27    neither the State Board of Education nor the General Assembly
28    disapproves, the change is deemed granted.
29        On or before February 1, 1998, and each year  thereafter,
30    the State Board of Education shall submit a cumulative report
31    summarizing  all  types  of  waivers  of  waiver mandates and
32    modifications of mandates granted by the State Board  or  the
33    General Assembly.  The report shall identify the topic of the
34    waiver  along  with  the  number  and  percentage  of  school
SB1475 Engrossed            -5-                SRS90S0074KSaw
 1    districts  and joint agreements for which the waiver has been
 2    granted.  The report shall also include  any  recommendations
 3    from  the State Board regarding the repeal or of modification
 4    of waived mandates.
 5    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
 6    eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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