State of Illinois
92nd General Assembly

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 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, or  teacher  tenure
26    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
                            -2-                LRB9211159NTpk
 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-                LRB9211159NTpk
 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 Senate
21    or  the  House  of  Representatives  General   Assembly   may
22    disapprove  the report of the State Board in whole or in part
23    within 30 calendar days  after  each  house  of  the  General
24    Assembly  next convenes after the report is filed by adoption
25    of a resolution by a record vote of the majority  of  members
26    elected in that each house.  If both the Senate and the House
27    of  Representatives fail General Assembly fails to disapprove
28    any waiver request or appealed request  within  such  30  day
29    period,  the  waiver or modification shall be deemed granted.
30    Any  resolution  adopted  by  the  Senate  or  the  House  of
31    Representatives General Assembly disapproving a report of the
32    State Board in whole or in part shall be binding on the State
33    Board.
34        An approved waiver or modification may remain  in  effect
                            -4-                LRB9211159NTpk
 1    for  a period not to exceed 5 school years and may be renewed
 2    upon application by the school district. However, such waiver
 3    or modification may be changed within that 5-year period by a
 4    local school district board following the  procedure  as  set
 5    forth  in this Section for the initial waiver or modification
 6    request.  If  neither  the  State  Board  of  Education,  the
 7    Senate,  nor  the  House  of Representatives General Assembly
 8    disapproves, the change is deemed granted.
 9        On or before February 1, 1998, and each year  thereafter,
10    the State Board of Education shall submit a cumulative report
11    summarizing all types of waiver mandates and modifications of
12    mandates  granted by the State Board or the General Assembly.
13    The report shall identify the topic of the waiver along  with
14    the  number  and percentage of school districts for which the
15    waiver has been granted.  The report shall also  include  any
16    recommendations  from the State Board regarding the repeal or
17    modification of waived mandates.
18    (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
19    eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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