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92_HB4178 LRB9211159NTpk 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 Assemblymay 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 eachhouse. If both the Senate and the House 27 of Representatives fail General Assembly failsto 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 Assemblydisapproving 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 Assembly8 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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