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| Public Act 093-0707 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
2-3.25g as follows:
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(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
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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.
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"State Board" means the State Board of Education.
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(b) Notwithstanding any other
provisions of this School | ||||
Code or any other law of this State to the
contrary, eligible | ||||
applicants
school districts 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
a
school district 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
certification, or teacher tenure and seniority or from | ||
compliance with the No
Child Left Behind Act of 2001 (Public | ||
Law 107-110).
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(c) Eligible applicants
School districts, as a matter of | ||
inherent managerial policy, and any
Independent Authority | ||
established under Section 2-3.25f may submit an
application for | ||
a waiver or modification authorized under this Section. Each
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application must include a written request by the eligible | ||
applicant
school district 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
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upon a specific plan for improved student performance and | ||
school improvement.
Any eligible applicant
district 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
school districts must be | ||
approved by the
each board or regional superintendent of | ||
schools applying on behalf of schools or programs operated by | ||
the regional office of education
of
education following a | ||
public hearing on the application and plan and the
opportunity | ||
for the board or regional superintendent to hear testimony from | ||
educators directly involved in
its implementation, parents, | ||
and students.
If the applicant is a school district or joint | ||
agreement, the
Such public hearing shall be held on a day other | ||
than the day on which a
regular meeting of the board is held. | ||
If the applicant is a school district, the
The
public hearing | ||
must be preceded
by at least one published notice occurring 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. | ||
If the applicant is a joint agreement or regional | ||
superintendent, the public hearing must be preceded by at least | ||
one published notice (setting forth the time, date, place, and | ||
general subject matter of the hearing) occurring 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, 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. The
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eligible applicant
school district must notify in writing the | ||
affected exclusive collective
bargaining agent and those State | ||
legislators representing the eligible applicant's territory
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district
holding the public hearing of the district's
its
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intent to seek approval of a
waiver or
modification and of the | ||
hearing to be held to take testimony from educators.
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
district shall attest to | ||
compliance with all of
the notification and procedural | ||
requirements set forth in this Section.
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(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
of education. | ||
The application as submitted to the
State Board of Education | ||
shall include a description of the public hearing.
Following | ||
receipt of the 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
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waiver or modification shall be deemed granted. The State Board
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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
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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
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requesting school district
as outlined in this Section.
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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
of
education.
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
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General Assembly.
The State Board shall file
reports outlining | ||
the waivers
requested by eligible applicants
school districts
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and appeals by eligible applicants
school districts of requests
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disapproved by the State Board with the Senate and the House of
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Representatives before each May 1 and
October
1. The General | ||
Assembly may disapprove the report of the State Board in whole
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or in part within 30 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 | ||
30
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.
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(e) An approved waiver or modification may remain in effect | ||
for a period not to
exceed 5 school years and may be renewed | ||
upon application by the
eligible applicant
school
district. | ||
However, such waiver or modification may be changed within that
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5-year period by a local school district 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.
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(f) On or before February 1, 1998, and each year | ||
thereafter, the State Board of
Education shall submit a | ||
cumulative report summarizing all types of waivers of
waiver
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mandates and modifications of mandates granted by the State | ||
Board or the
General Assembly. The report shall identify the | ||
topic of the waiver along with
the number and percentage of | ||
eligible applicants
school districts for which the waiver has | ||
been
granted. The report shall also include any recommendations | ||
from the State
Board regarding the repeal or modification of | ||
waived mandates.
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(Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; | ||
revised 9-11-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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