Public Act 095-0223
 		





HB1839 Enrolled
LRB095 08634 NHT 28817 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.

        "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
certification, 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).

    (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

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.  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

eligible applicant must notify 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.
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

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) 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

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.

(Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; 
93-707, eff. 7-9-04; 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; 
94-875, eff. 7-1-06.)