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| Public Act 096-1441 | ||||
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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 adding Section | ||||
22-60 as follows: | ||||
(105 ILCS 5/22-60 new) | ||||
Sec. 22-60. Unfunded mandates prohibited. | ||||
(a) No public school district or private school is | ||||
obligated to comply with the following types of mandates unless | ||||
a separate appropriation has been enacted into law providing | ||||
full funding for the mandate for the school year during which | ||||
the mandate is required: | ||||
(1) Any mandate in this Code enacted after the | ||||
effective date of this amendatory Act of the 96th General | ||||
Assembly. | ||||
(2) Any regulatory mandate promulgated by the State | ||||
Board of Education and adopted by rule after the effective | ||||
date of this amendatory Act of the 96th General Assembly | ||||
other than those promulgated with respect to this Section | ||||
or statutes already enacted on or before the effective date | ||||
of this amendatory Act of the 96th General Assembly. | ||||
(b) If the amount appropriated to fund a mandate described | ||||
in subsection (a) of this Section does not fully fund the | ||||
mandated activity, then the school district or private school | ||
may choose to discontinue or modify the mandated activity to | ||
ensure that the costs of compliance do not exceed the funding | ||
received. | ||
Before discontinuing or modifying the mandate, the school | ||
district shall petition its regional superintendent of schools | ||
on or before February 15 of each year to request to be exempt | ||
from implementing the mandate in a school or schools in the | ||
next school year. The petition shall include all legitimate | ||
costs associated with implementing and operating the mandate, | ||
the estimated reimbursement from State and federal sources, and | ||
any unique circumstances the school district can verify that | ||
exist that would cause the implementation and operation of such | ||
a mandate to be cost prohibitive. | ||
The regional superintendent of schools shall review the | ||
petition. In accordance with the Open Meetings Act, he or she | ||
shall convene a public hearing to hear testimony from the | ||
school district and interested community members. The regional | ||
superintendent shall, on or before March 15 of each year, | ||
inform the school district of his or her decision, along with | ||
the reasons why the exemption was granted or denied, in | ||
writing. The regional superintendent must also send | ||
notification to the State Board of Education detailing which | ||
school districts requested an exemption and the results. | ||
If the regional superintendent grants an exemption to the | ||
school district, then the school district is relieved from the | ||
requirement to establish and implement the mandate in the | ||
school or schools granted an exemption for the next school | ||
year.
If the regional superintendent of schools does not grant | ||
an exemption, then the school district shall implement the | ||
mandate in accordance with the applicable law or rule by the | ||
first student attendance day of the next school year. However, | ||
the school district or a resident of the school district may on | ||
or before April 15 appeal the decision of the regional | ||
superintendent to the State Superintendent of Education. The | ||
State Superintendent shall hear appeals on the decisions of | ||
regional superintendents of schools no later than May 15 of | ||
each year. The State Superintendent shall make a final decision | ||
at the conclusion of the hearing on the school district's | ||
request for an exemption from the mandate. If the State | ||
Superintendent grants an exemption, then the school district is | ||
relieved from the requirement to implement a mandate in the | ||
school or schools granted an exemption for the next school | ||
year. If the State Superintendent does not grant an exemption, | ||
then the school district shall implement the mandate in | ||
accordance with the applicable law or rule by the first student | ||
attendance day of the next school year. | ||
If a school district or private school discontinues or | ||
modifies a mandated activity due to lack of full funding from | ||
the State, then the school district or private school shall | ||
annually maintain and update a list of discontinued or modified | ||
mandated activities. The list shall be provided to the State | ||
Board of Education upon request. | ||
(c) This Section does not apply to (i) any new statutory or | ||
regulatory mandates related to revised learning standards | ||
developed through the Common Core State Standards Initiative | ||
and assessments developed to align with those standards or | ||
actions specified in this State's Phase 2 Race to the Top Grant | ||
application if the application is approved by the United States | ||
Department of Education or (ii) new statutory or regulatory | ||
mandates from the Race to the Top Grant through the federal | ||
American Recovery and Reinvestment Act of 2009 imposed on | ||
school districts designated as being in the lowest performing | ||
5% of schools within the Race to the Top Grant application. | ||
(d) In any instances in which this Section conflicts with | ||
the State Mandates Act, the State Mandates Act shall prevail.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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