Bill Text: IL SB0637 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning waivers of School Code mandates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0637 Detail]

Download: Illinois-2009-SB0637-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0637 Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
Amends the School Code. Makes a technical change in a Section concerning waivers of School Code mandates.
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A BILL FOR
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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 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

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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.

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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

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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

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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

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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

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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. 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; 94-875,
eff. 7-1-06; 95-223, eff. 1-1-08.)