HB4037 94TH GENERAL ASSEMBLY

LRB094 09295 NHT 39534 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4037

Introduced 02/28/05, by Rep. Lee A. Daniels

SYNOPSIS AS INTRODUCED:

New Act

Creates the Higher Education Mandate Waiver Act. Allows an institution of higher education to petition the Board of Higher Education for the waiver or modification of mandates contained in State law or administrative rules adopted by the Board of Higher Education if certain conditions are met. Provides for a hearing on the petition, petition requirements, an approval process, and General Assembly input. Provides that if a petition is approved, the waiver or modification is valid for up to 10 years and may be renewed.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Higher Education Mandate Waiver Act.

Section 5. Definitions. In this Act:

"Board" means the Board of Higher Education.

"Institution" means an institution of higher education located in this State.

Section 10. Authority to waive or modify mandates.

Notwithstanding any other law of this State to the contrary, an institution of higher education may petition the Board of Higher Education for the waiver or modification of mandates contained in State law or administrative rules adopted by the Board of Higher Education if all of the following conditions are met:

(1) The waiver or modification proves to be more efficient, effective, or economical than current practice.

(2) The waiver or modification stimulates innovation or improves student performance.

(3) The waiver or modification helps better fulfill the mission of the institution.

(4) The waiver or modification serves a public benefit to the State or any community surrounding the institution.

(5) The waiver or modification does not pertain to any of the following:

(A) Submission and approval of a budget and capital budget.

(B) Minimum academic standards for students.

(C) Programs that ensure increased minority enrollment.

(D) Tuition waivers, as specified by Board.

(E) Faculty tenure or compliance with State or federal employment laws or rules.

(F) Compliance with the College Student Immunization Act or the Fire Sprinkler Dormitory Act.

Section 15. Hearing on petition. Before submitting a petition to waive or modify a mandate to the Board, a public hearing must be held by the institution. At least 7 days prior to the hearing, the institution must do all of the following:

(1) Publish notice of the hearing, with the type of media to be determined by the Board.

(2) Notify all faculty and staff of the institution of the hearing.

(3) Notify all labor organization representatives associated with the institution of the hearing.

(4) Notify those State legislators representing all or a part of the institution's territory of the hearing.

Section 20. Petition process. The governing body of the institution must approve a petition to waive or modify a mandate before the petition is submitted to the Board. Within 15 days after the governing body has approved the petition, the petition must be submitted to the Board. The petition must be in a form approved by the Board and must include all of the following:

(1) The law or rule sought to be waived or modified.

(2) The reason for seeking the waiver or modification.

(3) If economic in nature, a financial analysis detailing current expenditures and possible savings as a result of the waiver or modification.

(4) A description of the hearing described in Section 15 of this Act, including without limitation minutes taken (if possible), the means of notice, the number of people in attendance, the number of people who spoke as proponents or opponents of the waiver or modification, a brief description of those people's comments, and whether there were any written statements submitted.

Section 25. Petition approval process. The Board has 45 days to review the petition after it has been submitted. If the Board does not approve or disapprove the petition within 45 days, the petition shall be deemed approved. The Board may disapprove any petition if (i) it is not based upon sound educational practices, (ii) it endangers the health or safety of students or staff, (iii) it compromises equal opportunities for learning, or (iv) it fails to demonstrate that the intent of the mandate can be addressed in a more effective, efficient, or economical manner or it fails to have improved student performance as a primary goal. Any petition disapproved by Board may be appealed to the General Assembly as provided under Section 30 of this Act.

Section 30. General Assembly input.

(a) An appeal of the Board's decision to disapprove a petition to waive or modify a mandate shall be submitted by the Board on behalf of the institution to the General Assembly no later than 30 days after the Board has disapproved the petition. The General Assembly shall consider the appeal and make a decision on whether to approve the petition by adoption of a joint resolution by a record vote of the majority of the members elected in each house within 60 days after each house of the General Assembly next convenes after the appeal is submitted. If requested by the institution appealing, the Board, or the General Assembly itself, a special joint higher education committee may be established, which shall include the members of the higher education committees of both houses. The joint committee shall review the appeal, hear any witnesses, and, by a majority vote, recommend a decision to the General Assembly as a whole for final consideration. If the General Assembly does not adopt a joint resolution within the 60-day period, the petition shall be deemed disapproved.

(b) Within 30 days after the approval of a petition to waive or modify a mandate under Section 25 of this Act, the Board shall file a copy of the petition with the General Assembly. Within 60 days after each house of the General Assembly next convenes after the petition is filed, the General Assembly shall review the petition and make a decision on whether to approve the petition by adoption of a joint resolution by a record vote of the majority of the members elected in each house. If the General Assembly does not adopt a joint resolution within the 60-day period, the petition shall be deemed approved.

Section 35. Duration of waiver or modification. If a petition to waive or modify a mandate is approved, the waiver or modification is valid for up to 10 years and may be renewed by following the same procedures as for an initial petition under this Act.

Section 40. Rules. The Board may adopt any rules necessary to implement and administer this Act.