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| Public Act 094-0198 |
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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 Sections | ||||
2-3.25g and 27-6 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 may petition the State Board of Education for the
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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
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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, 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
application | ||
must include a written request by the eligible applicant or
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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 educators | ||
directly involved in
its implementation, parents, and | ||
students.
If the applicant is a school district or joint | ||
agreement, the 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
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 must notify in writing the affected | ||
exclusive collective
bargaining agent and those State | ||
legislators representing the eligible applicant's territory of
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its
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 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. 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
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.
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
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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.
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The State Board shall file
reports outlining the waivers
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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
May 1 | ||
and
October
1. The General Assembly may disapprove the report | ||
of the State Board in whole
or in part within 60
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 60
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. 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
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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
mandates | ||
and modifications of mandates granted by the State Board or the
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General Assembly. The report shall identify the topic of the | ||
waiver along with
the number and percentage of eligible | ||
applicants 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; | ||
93-707, eff. 7-9-04.)
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(105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
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Sec. 27-6. Courses in physical education - Special | ||
activities.
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(a) Pupils enrolled in the public schools and State | ||
universities engaged in
preparing teachers shall, as soon as | ||
practicable, be required to engage
daily,
during the school | ||
day, except on block scheduled days for those public schools | ||
engaged in block scheduling, in courses of physical education | ||
for such
periods as are compatible with the optimum growth and | ||
development needs of
individuals at the various age levels | ||
except when appropriate excuses
are submitted to the school by | ||
a pupil's parent or guardian or by a person
licensed under the | ||
Medical Practice Act of 1987 and except as provided in
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subsection (b) of this Section.
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Special activities in physical education shall be provided | ||
for pupils
whose physical or emotional condition, as determined | ||
by a person licensed
under the Medical Practice Act of 1987, | ||
prevents their participation in the
courses provided for normal | ||
children.
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(b) A school board is authorized to excuse pupils enrolled
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in grades 11 and 12 from engaging in physical education courses | ||
if those
pupils request to be excused for any of the following | ||
reasons: (1) for
ongoing participation in an interscholastic
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athletic program; (2) to enroll in academic classes which are | ||
required for
admission to an institution of higher learning, | ||
provided that failure to
take such classes will result in the | ||
pupil being denied admission to the
institution of his or her | ||
choice; or (3) to enroll in academic classes
which are required | ||
for graduation from high school, provided that failure to
take | ||
such classes will result in the pupil being unable to graduate. | ||
A school
board may also excuse pupils in grades 9 through 12 | ||
enrolled in a marching band
program for credit from engaging in | ||
physical education courses if those pupils
request to be | ||
excused for ongoing participation in such marching band
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program. A school board may also excuse pupils in grades 9 | ||
through 12 enrolled
in a Reserve Officer's Training Corps | ||
(ROTC) program sponsored by the school
district from engaging | ||
in physical education courses.
School boards which choose to | ||
exercise this authority shall establish a policy
to excuse | ||
pupils on an individual basis.
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(c) The provisions of this Section are subject to the | ||
provisions of
Section 27-22.05.
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(Source: P.A. 88-269; 89-155, eff. 7-19-95; 89-175, eff. | ||
7-19-95; 89-626,
eff. 8-9-96.)
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