Current through Register Vol. 48, No. 38, September 20, 2024
a) As authorized in
Section 2-3.25g of the School Code [105 ILCS 5], an eligible applicant, as
defined in 2-3.25g(a), or any Independent Authority established under
Section 2-3.25f-5 of the School Code may petition for:
1) Approval of waivers or modifications of
State Board of Education rules and of modifications of School Code mandates,
which may be requested to meet the intent of the rule or mandate in a
more effective, efficient, or economical manner or when necessary to stimulate
innovation or to improve student performance (Section 2-3.25g(b) of
the School Code); or
2) Approval of
waivers of School Code mandates, which may be requested when necessary
to stimulate innovation or to improve student performance or the intent of the
mandate in a more effective, efficient, or economical manner (Section
2-3.25g(b) of the School Code).
b) "The School Code" comprises only those
statutes compiled at 105 ILCS 5.
1) Waivers
or modifications from State Board rules or School Code mandates
pertaining to special education, teacher educator licensure, teacher
tenure and seniority, or implementing compliance with the federal
Every Student Succeeds Act (20 U.S.C. 6301 et seq.) or the
Every Student Succeeds Act State Plan are not permitted.
2) Waivers or modifications of mandates
pertaining to the use of student performance data and performance categories
for teacher and principal evaluations, as required under Article 24A of the
School Code, are not permitted and on September 1, 2014, any previously
authorized waiver or modification from such requirements shall
terminate (Section 2-3.25g(b) of the School Code).
3) Waivers of mandates contained in Section
5-1 of the School Code or in Section 5-2.1 of the School Code also shall not be
requested.
c) As used in
this Section, "waiver" means a petition to discontinue the implementation of a
mandate and "modification" means a petition to partially implement a
mandate.
d) Each application for a
waiver or modification shall provide the following, on a form supplied by the
State Board of Education.
1) Identification of
the rules or mandates involved, either by quoting the exact language of or by
providing a citation to the rules or mandates at issue. Applicants unable to
determine the exact language or citation may obtain a copy of, or citation to,
the rules or mandates involved by contacting the State Board of Education
Legislative Affairs Department by mail at 100 North First Street, Springfield,
Illinois, 62777-0001, by email at waivercorrespondence@isbe.net, or by
telephone at 217-782-6510.
2)
Identification as to the specific waivers or modifications sought. For
modifications, the specific modified wording of the rules or mandates must be
stated.
3) Identification as to
whether the request is for an initial waiver or modification or for the renewal
of a previously approved request.
4) For requests based upon meeting the intent
of the rule or mandate in a more effective, efficient, or economical manner, a
narrative description that sets forth:
A) the
intent of the rule or mandate to be achieved;
B) the manner in which the applicant will
meet that intent;
C) how the manner
proposed by the applicant will be more effective, efficient, or economical;
and
D) if the applicant proposes a
more economical manner, a fiscal analysis showing current expenditures related
to the request and the projected savings that would result from approval of the
request.
5) If the
request is necessary for stimulating innovation or improving student
performance, the request must include the specific plan for improved student
performance and school improvement upon which the request is based. This plan
must include a description of how the applicant will determine success in the
stimulation of innovation or the improvement of student performance.
6) If the request is for a waiver of the
administrative expenditure limitation established by Section 17-1.5 of the
School Code, the request must include the amount, nature, and reason for the
requested relief and all remedies that have been exhausted to comply with the
administrative expenditure limitation and shall otherwise comply with Section
17-1.5(d) of the School Code.
7)
The time period for which the waiver or modification is sought. Pursuant to
Section 2-3.25g of the School Code, this time period may not exceed five years,
except for requests made pursuant to subsection (c)(6), which may not exceed
one year (see Section 17-1.5(d) of the School Code).
8) A description of the public hearing held
to take testimony about the request from educators, parents, and students,
which shall include the information required by Section 2-3.25g of the School
Code.
9) An assurance stating the
date of the public hearing conducted to consider the application and, if
applicable, the specific plan for improved student performance and school
improvement; affirming that the hearing was held before a quorum of the board
or before the regional superintendent, as applicable, and that it was conducted
as prescribed in Section 2-3.25g of the School Code; and stating the date the
application (and, if applicable, the plan) was approved by the local governing
board or regional superintendent.
e) Each applicant must attach to the
application a dated copy of the notice of the public hearing that was published
in a newspaper of general circulation, a dated copy of the written
notifications about the public hearing provided to the applicant's collective
bargaining agent and to those State legislators representing the applicant, and
a dated copy of the notice of the public hearing posted on the applicant's
website, each of which must comply with the requirements of Section 2-3.25g of
the School Code. Those State legislators representing the applicant must be
notified of the public hearing at least seven days prior to the date of the
hearing.
f) Applications must be
sent by certified mail, return receipt requested, and addressed as specified on
the application form.
g)
Applications must be postmarked no later than 15 calendar days following the
local governing board's approval. (See Section 2-3.25g(d) of the School Code.)
Applications addressed other than as specified on the application form shall
not be processed.
h) Applications
for the waiver or modification of State Board rules or for the modification of
School Code mandates shall be deemed approved and effective 46 calendar days
after the date of receipt by the State Board of Education unless disapproved in
writing. Receipt by the State Board shall be determined by the date of receipt
shown on the return receipt form, except in the case of an incomplete
application.
1) An applicant submitting an
incomplete application shall be contacted by staff of the State Board regarding
the need for additional information and the date by which the information must
be received in order to avoid the application's return as ineligible for
consideration.
2) The 45-day
response time referred to in this subsection (h) shall not commence until the
applicant submits the additional material requested by the State
Board.
3) Each application that has
not been made complete by the date identified in accordance with subsection
(h)(1) shall be ineligible for consideration and shall be returned to the
applicant with an explanation as to the deficiencies.
i)
The State Board may disapprove a
request for the waiver or modification of State Board rules or for the
modification of School Code mandates if the request:
1)
is not based upon sound
educational practices;
2)
endangers the health or safety of students or staff;
3)
compromises equal opportunities
for learning; or
4)
does not address the intent of the rule or mandate in a more effective,
efficient or economical manner or does not have improved student performance as
a primary goal. (Section 2-3.25g(d) of the School Code).
j) Disapproval of an application
for a waiver or modification of a State Board rule or for a modification of a
School Code mandate shall be sent by certified mail to the applicant no later
than 45 calendar days after receipt of the application by the State Board. An
applicant wishing to appeal the denial of a request may do so within 30
calendar days after receipt of the denial letter by sending a written appeal by
certified mail to the Illinois State Board of Education, Legislative Affairs
Department, 100 North First Street, S-404, Springfield, Illinois 62777-0001 or
by email to waiverscorrespondence@isbe.net. The written appeal shall include
the date the local governing board approved the original request, the citation
of the rule or School Code section involved, and a brief description of the
issue. Appeals of denials shall be submitted to the General Assembly in the
semiannual report required under Section 2-3.25g of the School Code.
k) Applications shall be postmarked by July
15 to be considered for the fall waiver report and December 15 to be considered
for the spring waiver report. The State Superintendent of Education shall
periodically notify school districts and other potential applicants of the date
by which applications must be postmarked to be processed for inclusion in the
next report to the General Assembly. Each application will be reviewed for
completeness. Complete applications shall be submitted to the General Assembly
in the next report. Incomplete applications shall be treated as discussed in
subsections (h)(1) and (h)(3).
l)
The State Superintendent shall notify Regional Superintendents of Schools and
Intermediate Service Centers of the disposition of requests for waivers or
modifications submitted by school districts located within their
regions.
