Public Act 100-0782
 
SB0650 EnrolledLRB100 05855 MLM 15880 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
2-3.25g as follows:
 
    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g. Waiver or modification of mandates within the 
School
Code and administrative rules and regulations.  
    (a) In this Section:
        "Board" means a school board or the governing board or 
    administrative district, as the case may be, for a joint 
    agreement.
        "Eligible applicant" means a school district, joint 
    agreement made up of school districts, or regional 
    superintendent of schools on behalf of schools and programs 
    operated by the regional office of education.

        "Implementation date" has the meaning set forth in 
    Section 24A-2.5 of this Code. 
        "State Board" means the State Board of Education.

    (b) Notwithstanding any other
provisions of this School 
Code or any other law of this State to the
contrary, eligible 
applicants may petition the State Board of Education for the

waiver or modification of the mandates of this School Code or 
of the
administrative rules and regulations promulgated by the 
State Board of
Education.  Waivers or modifications of 
administrative rules and regulations
and modifications of 
mandates of this School Code may be requested when an eligible 
applicant demonstrates that it can address the intent of the 
rule or
mandate in a more effective, efficient, or economical 
manner or when necessary
to stimulate innovation or improve 
student performance.  Waivers of
mandates of
the School Code may 
be requested when the waivers are necessary to stimulate

innovation or improve student performance.  Waivers may not be 
requested
from laws, rules, and regulations pertaining to 
special education, teacher educator licensure, teacher tenure 
and seniority, or Section 5-2.1 of this Code or from compliance 
with the No
Child Left Behind Act of 2001 (Public Law 107-110). 
Eligible applicants may not seek a waiver or seek a 
modification of a mandate regarding the requirements for (i) 
student performance data to be a significant factor in teacher 
or principal evaluations or (ii) teachers and principals to be 
rated using the 4 categories of "excellent", "proficient", 
"needs improvement", or "unsatisfactory".  On September 1, 
2014, any previously authorized waiver or modification from 
such requirements shall terminate. 
    (c) Eligible applicants, as a matter of inherent managerial 
policy, and any
Independent Authority established under 
Section 2-3.25f-5 of this Code may submit an
application for a 
waiver or modification authorized under this Section.  Each

application must include a written request by the eligible 
applicant or
Independent Authority and must demonstrate that 
the intent of the mandate can
be addressed in a more effective, 
efficient, or economical manner
or be based
upon a specific 
plan for improved student performance and school improvement.

Any eligible applicant requesting a waiver or modification for 
the reason that intent
of the mandate can be addressed in a 
more economical manner shall include in
the application a 
fiscal analysis showing current expenditures on the mandate
and 
projected savings resulting from the waiver
or modification.  
Applications
and plans developed by eligible applicants must be 
approved by the board or regional superintendent of schools 
applying on behalf of schools or programs operated by the 
regional office of education following a public hearing on the 
application and plan and the
opportunity for the board or 
regional superintendent to hear testimony from staff

directly 
involved in
its implementation, parents, and students. The time 
period for such testimony shall be separate from the time 
period established by the eligible applicant for public comment 
on other matters. If the applicant is a school district or 
joint agreement requesting a waiver or modification of Section 
27-6 of this Code, the public hearing shall be held on a day 
other than the day on which a regular meeting of the board is 
held.
    (c-5) If the applicant is a school district, then the 
district shall post information that sets forth the time, date, 
place, and general subject matter of the public hearing on its 
Internet website at least 14 days prior to the hearing.  If the 
district is requesting to increase the fee charged for driver 
education authorized pursuant to Section 27-24.2 of this Code, 
the website information shall include the proposed amount of 
the fee the district will request.  All school districts must 
publish a notice of the public hearing at least 7 days prior to 
the hearing in a newspaper of general circulation within the 
school district that sets forth the time, date, place, and 
general subject matter of the hearing.  Districts requesting to 
increase the fee charged for driver education shall include in 
the published notice the proposed amount of the fee the 
district will request. If the applicant is a joint agreement or 
regional superintendent, then the joint agreement or regional 
superintendent shall post information that sets forth the time, 
date, place, and general subject matter of the public hearing 
on its Internet website at least 14 days prior to the hearing.  
If the joint agreement or regional superintendent is requesting 
to increase the fee charged for driver education authorized 
pursuant to Section 27-24.2 of this Code, the website 
information shall include the proposed amount of the fee the 
applicant will request.  All joint agreements and regional 
superintendents must publish a notice of the public hearing at 
least 7 days prior to the hearing in a newspaper of general 
circulation in each school district that is a member of the 
joint agreement or that is served by the educational service 
region that sets forth the time, date, place, and general 
subject matter of the hearing, provided that a notice appearing 
in a newspaper generally circulated in more than one school 
district shall be deemed to fulfill this requirement with 
respect to all of the affected districts. Joint agreements or 
regional superintendents requesting to increase the fee 
charged for driver education shall include in the published 
notice the proposed amount of the fee the applicant will 
request. The
eligible applicant must notify either 
electronically or in writing the affected exclusive collective

bargaining agent and those State legislators representing the 
eligible applicant's territory of
its
intent to seek approval 
of a
waiver or
modification and of the hearing to be held to 
take testimony from staff.
The affected exclusive collective 
bargaining agents shall be notified of such
public hearing at 
least 7 days prior to the date of the hearing and shall be

allowed to attend
such public hearing. The eligible applicant 
shall attest to compliance with all of
the notification and 
procedural requirements set forth in this Section.
    (d) A request for a waiver or modification of 
administrative rules and
regulations or for a modification of 
mandates contained in this School Code
shall be submitted to 
the State Board of Education within 15 days after
approval by 
the board or  regional superintendent of schools.  The 
application as submitted to the
State Board of Education shall 
include a description of the public hearing. Except with 
respect to contracting for adaptive driver education, an 
eligible applicant wishing to request a modification or waiver 
of administrative rules of the State Board of Education 
regarding contracting with a commercial driver training school 
to provide the course of study authorized under Section 27-24.2 
of this Code must provide evidence with its application that 
the commercial driver training school with which it will 
contract holds a license issued by the Secretary of State under 
Article IV of Chapter 6 of the Illinois Vehicle Code and that 
each instructor employed by the commercial driver training 
school to provide instruction to students served by the school 
district holds a valid teaching certificate or teaching 
license, as applicable, issued under the requirements of this 
Code and rules of the State Board of Education.  Such evidence 
must include, but need not be limited to, a list of each 
instructor assigned to teach students served by the school 
district, which list shall include the instructor's name, 
personal identification number as required by the State Board 
of Education, birth date, and driver's license number. If the 
modification or waiver is granted, then the eligible applicant 
shall notify the State Board of Education of any changes in the 
personnel providing instruction within 15 calendar days after 
an instructor leaves the program or a new instructor is hired.  
Such notification shall include the instructor's name, 
personal identification number as required by the State Board 
of Education, birth date, and driver's license number.   If a 
school district maintains an Internet website, then the 
district shall post a copy of the final contract between the 
district and the commercial driver training school on the 
district's Internet website. If no Internet website exists, 
then the district shall make available the contract upon 
request. A record of all materials in relation to the 
application for contracting must be maintained by the school 
district and made available to parents and guardians upon 
request. The instructor's date of birth and driver's license 
number and any other personally identifying information as 
deemed by the federal Driver's Privacy Protection Act of 1994 
must be redacted from any public materials.
Following receipt 
of the waiver or modification request, the
State Board shall 
have 45 days to review the application and request.  If the

State Board fails to disapprove the application within that 45 
day period, the
waiver or modification shall be deemed granted.  
The State Board
may disapprove
any request if it is not based 
upon sound educational practices, endangers the
health or 
safety of students or staff, compromises equal opportunities 
for
learning, or fails to demonstrate that the intent of the 
rule or mandate can be
addressed in a more effective, 
efficient, or economical manner or have improved
student 
performance as a primary goal.  Any request disapproved by the 
State
Board may be appealed to the General Assembly by the 
eligible applicant

as outlined in this Section. 
    A request for a waiver from mandates contained in this 
School Code shall be
submitted to the State Board within 15 
days after approval by the board or regional superintendent of 
schools.
 The application as submitted to the State Board of 
Education
shall include a description of the public hearing.  
The description shall
include, but need not be limited to, the 
means of notice, the number of people
in attendance, the number 
of people who spoke as proponents or opponents of the
waiver, a 
brief description of their comments, and whether there were any

written statements submitted.
 The State Board shall review the 
applications and requests for
completeness and shall compile 
the requests in reports to be filed with the
General Assembly.

The State Board shall file
reports outlining the waivers

requested by eligible applicants

and appeals by eligible 
applicants of requests
disapproved by the State Board with the 
Senate and the House of
Representatives before each March 1 and

October
1. The General Assembly may disapprove the report of 
the State Board in whole
or in part within 60 calendar days 
after each house of the General Assembly
next
convenes after 
the report is filed by adoption of a resolution by a record 
vote
of the majority of members elected in each house.  If the 
General Assembly
fails to disapprove any waiver request or 
appealed request within such 60

day period, the waiver or 
modification shall be deemed granted.  Any resolution
adopted by 
the General Assembly disapproving a report of the State Board 
in
whole or in part shall be binding on the State Board.
    (e) An approved waiver or modification (except a waiver 
from or modification to a physical education mandate) may 
remain in effect for a period not to
exceed 5 school years and 
may be renewed upon application by the
eligible applicant. 
However, such waiver or modification may be changed within that

5-year period by a board or regional superintendent of schools 
applying on behalf of schools or programs operated by the 
regional office of education following the procedure as set

forth in this Section for the initial waiver or modification 
request.  If
neither the State Board of Education nor the 
General Assembly disapproves, the
change is deemed granted. 
    An approved waiver from or modification to a physical 
education mandate may remain in effect for a period not to 
exceed 2 school years and may be renewed no more than 2 times 
upon application by the eligible applicant.  An approved waiver 
from or modification to a physical education mandate may be 
changed within the 2-year period by the board or regional 
superintendent of schools, whichever is applicable, following 
the procedure set forth in this Section for the initial waiver 
or modification request.  If neither the State Board of 
Education nor the General Assembly disapproves, the change is 
deemed granted.

    (f) (Blank).
(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; 
98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)