[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
92_HB1927eng HB1927 Engrossed LRB9202744NTsbA 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 2-3.25g as follows: 6 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) 7 Sec. 2-3.25g. Waiver or modification of mandates within 8 the School Code and administrative rules and regulations. 9 (a) Notwithstanding any other provisions of this School 10 Code or any other law of this State to the contrary, school 11 districts may petition the State Board of Education for the 12 waiver or modification of the mandates of this School Code or 13 of the administrative rules and regulations promulgated by 14 the State Board of Education. Waivers or modifications of 15 administrative rules and regulations and modifications of 16 mandates of this School Code may be requested when a school 17 district demonstrates that it can address the intent of the 18 rule or mandate in a more effective, efficient, or economical 19 manner or when necessary to stimulate innovation or improve 20 student performance. Waivers of mandates of the School Code 21 may be requested when the waivers are necessary to stimulate 22 innovation or improve student performance. Waivers may not 23 be requested from laws, rules, and regulations pertaining to 24 special education, teacher certification, or teacher tenure 25 and seniority. 26 (b) School districts, as a matter of inherent managerial 27 policy, and any Independent Authority established under 28 Section 2-3.25f may submit an application for a waiver or 29 modification authorized under this Section. Each application 30 must include a written request by the school district or 31 Independent Authority and must demonstrate that the intent of HB1927 Engrossed -2- LRB9202744NTsbA 1 the mandate can be addressed in a more effective, efficient, 2 or economical manner or be based upon a specific plan for 3 improved student performance and school improvement. Any 4 district requesting a waiver or modification for the reason 5 that intent of the mandate can be addressed in a more 6 economical manner shall include in the application a fiscal 7 analysis showing current expenditures on the mandate and 8 projected savings resulting from the waiver or modification. 9 Applications and plans developed by school districts must be 10 approved by each board of education following a public 11 hearing on the application and plan and the opportunity for 12 the board to hear testimony from educators directly involved 13 in its implementation, parents, and students. The public 14 hearing must be preceded by at least one published notice 15 occurring at least 7 days prior to the hearing in a newspaper 16 of general circulation within the school district that sets 17 forth the time, date, place, and general subject matter of 18 the hearing. A copy of the published notice must be included 19 with the district's waiver or modification request submitted 20 to the State Board of Education. The school district must 21 notify in writing the affected exclusive collective 22 bargaining agent of the district's intent to seek approval of 23 a waiver or modification and of the hearing to be held to 24 take testimony from educators. The affected exclusive 25 collective bargaining agents shall be notified of such public 26 hearing at least 7 days prior to the date of the hearing and 27 shall be allowed to attend such public hearing. 28 (c) A request for a waiver or modification of 29 administrative rules and regulations or for a modification of 30 mandates contained in this School Code shall be submitted to 31 the State Board of Education within 15 days after approval by 32 the board of education. Following receipt of the request, 33 the State Board shall have 45 days to review the application 34 and request. If the State Board fails to disapprove the HB1927 Engrossed -3- LRB9202744NTsbA 1 application within that 45 day period, the waiver or 2 modification shall be deemed granted. The State Board must 3maydisapprove any request if it is not based upon sound 4 educational practices, endangers the health or safety of 5 students or staff, compromises equal opportunities for 6 learning, or fails to demonstrate that the intent of the rule 7 or mandate can be addressed in a more effective, efficient, 8 or economical manner or have improved student performance as 9 a primary goal. Any request disapproved by the State Board 10 may be appealed to the General Assembly by the requesting 11 school district as outlined in this Section. 12 A request for a waiver from mandates contained in this 13 School Code shall be submitted to the State Board within 15 14 days after approval by the board of education. The State 15 Board shall review the applications and requests for 16 completeness and shall compile the requests in reports to be 17 filed with the General Assembly. The State Board shall file 18 reports outlining the waivers requested by school districts 19 and appeals by school districts of requests disapproved by 20 the State Board with the Senate and the House of 21 Representatives before each AprilMay1 and SeptemberOctober22 1. The General Assembly may disapprove the report of the 23 State Board in whole or in part within 30 calendar days after 24 each house of the General Assembly next convenes after the 25 report is filed by adoption of a resolution by a record vote 26 of the majority of members elected in each house. If the 27 General Assembly fails to disapprove any waiver request or 28 appealed request within such 30 day period, the waiver or 29 modification shall be deemed granted. Any resolution adopted 30 by the General Assembly disapproving a report of the State 31 Board in whole or in part shall be binding on the State 32 Board. 33 (d) An approved waiver or modification may remain in 34 effect for a period not to exceed 5 school years and may be HB1927 Engrossed -4- LRB9202744NTsbA 1 renewed upon application by the school district. However, 2 such waiver or modification may be changed within that 5-year 3 period by a local school district board following the 4 procedure as set forth in this Section for the initial waiver 5 or modification request. If neither the State Board of 6 Education nor the General Assembly disapproves, the change is 7 deemed granted. This subsection (d) does not apply to a 8 request for a waiver from or modification to a physical 9 education mandate contained in the Spring 2002 report or any 10 subsequent report filed with the General Assembly by the 11 State Board of Education. 12 (e) This subsection (e) applies to a request for a 13 waiver from or modification to a physical education mandate 14 contained in the Spring 2002 report or any subsequent report 15 filed with the General Assembly by the State Board of 16 Education. A school district making application for a waiver 17 from or modification to a physical education mandate must 18 provide baseline data in the application to show how well its 19 students are meeting State learning standards in physical 20 development and health. 21 (1) An approved waiver from or modification to a 22 physical education mandate requested for curriculum 23 purposes may be effective for no more than 2 school years 24 and may be renewed upon application by the school 25 district if the school district provides, in the 26 application, (i) proof of academic achievement or 27 improvement due to the waiver or modification in the 28 curriculum area or areas addressed in the original waiver 29 or modification request and (ii) documentation that State 30 learning standards for physical development and health 31 are being met by a majority of those students who have 32 been exempted from physical education as a result of the 33 waiver or modification. 34 (2) An approved waiver from or modification to a HB1927 Engrossed -5- LRB9202744NTsbA 1 physical education mandate requested because of a lack of 2 physical facilities may be effective for no more than 4 3 school years and may be renewed upon application by the 4 school district if the school district explains, in the 5 application, (i) how the school district has attempted to 6 alleviate the facilities problem and (ii) how well the 7 school district has met State learning standards in 8 physical development and health. 9 (3) An approved waiver from or modification to a 10 physical education mandate requested for any other reason 11 may be effective for no more than 2 school years and may 12 be renewed upon application by the school district if the 13 school district provides, in the application, evidence of 14 (i) the benefits or positive outcomes associated with the 15 waiver or modification and (ii) how well the school 16 district has met State learning standards in physical 17 development and health. 18 The waiver or modification may be changed by a school board 19 within the period provided in paragraph (1), (2), or (3) of 20 this subsection (e), whichever is applicable, by following 21 the procedure set forth in this Section for the initial 22 waiver or modification request. If neither the State Board 23 of Education nor the General Assembly disapproves, the change 24 is deemed granted. 25 (f) On or before February 1, 1998, and each year 26 thereafter, the State Board of Education shall submit a 27 cumulative report summarizing all types of waiver mandates 28 and modifications of mandates granted by the State Board or 29 the General Assembly. The report shall identify the topic of 30 the waiver along with the number and percentage of school 31 districts for which the waiver has been granted. The report 32 shall also include any recommendations from the State Board 33 regarding the repeal or modification of waived mandates. 34 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62, HB1927 Engrossed -6- LRB9202744NTsbA 1 eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.