Bill Text: IL HB0793 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions. Provides that before a school district may lawfully discharge an unfunded mandate, it must hold a public hearing on the matter; sets forth requirements concerning the hearing. Requires a school board to report each unfunded mandate it has discharged to the State Board of Education, and requires the State Board to compile and report this information to the General Assembly each year. Repeals a Section of the Code concerning an unfunded mandates prohibition.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0793 Detail]

Download: Illinois-2017-HB0793-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0793

Introduced , by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-62 new
105 ILCS 5/22-60 rep.

Amends the School Code. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions. Provides that before a school district may lawfully discharge an unfunded mandate, it must hold a public hearing on the matter; sets forth requirements concerning the hearing. Requires a school board to report each unfunded mandate it has discharged to the State Board of Education, and requires the State Board to compile and report this information to the General Assembly each year. Repeals a Section of the Code concerning an unfunded mandates prohibition.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by adding Section
522-62 as follows:
6 (105 ILCS 5/22-62 new)
7 Sec. 22-62. Discharge of unfunded mandates.
8 (a) School districts need not comply with and may discharge
9any mandate or requirement placed on school districts by this
10Code or by administrative rules adopted by the State Board of
11Education that is unfunded.
12 (b) Subsection (a) of this Section does not apply to any of
13the following:
14 (1) Laws and rules pertaining to student health, life,
15 or safety.
16 (2) Federally required mandates, including without
17 limitation compliance with the federal Every Student
18 Succeeds Act.
19 (3) Laws and rules pertaining to civil rights and
20 protections.
21 (c) Before a school district may lawfully discharge an
22unfunded mandate under subsection (a) of this Section, it must
23hold a public hearing on the matter. The school district must

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1post information that sets forth the time, date, place, and
2general subject matter of the public hearing on its Internet
3website at least 14 days prior to the hearing. The school
4district must publish a notice of the public hearing at least 7
5days prior to the hearing in a newspaper of general circulation
6within the school district that sets forth the time, date,
7place, and general subject matter of the hearing. The school
8district must notify, in writing, the affected exclusive
9collective bargaining agent and those State legislators
10representing the affected territory of its intent to discharge
11an unfunded mandate and of the hearing to be held to take
12testimony from staff. The affected exclusive collective
13bargaining agent must be notified of the public hearing at
14least 7 days prior to the date of the hearing and must be
15allowed to attend the hearing. The school district shall attest
16to compliance with the requirements of this subsection (c).
17 (d) A school board shall report each unfunded mandate it
18has discharged under this Section to the State Board of
19Education. The State Board shall compile and report this
20information to the General Assembly each year.
21 (105 ILCS 5/22-60 rep.)
22 Section 10. The School Code is amended by repealing Section
2322-60.
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