Bill Text: IL HB5122 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the School Code. Defines terms. Provides that no school district is obligated to comply with any mandate in any school year in which the school district is designated as a Tier 3 or Tier 4 organizational unit with specified exceptions. Provides that before discontinuing or modifying a mandate, the school district shall conduct a public hearing separate from a regular school board meeting. Provides notice requirements for the public hearing. Provides that the discontinuation and modification of a mandate shall be valid for not more than 5 years and while the school district is still designated as either Tier 3 or Tier 4. Provides that the voters of a school district may submit a petition to place a question on the ballot at the next regularly scheduled election to discontinue or modify a mandate. Provides that no school district that discontinues or modifies a mandate shall be limited in their authority to participate in interscholastic athletics or activities or any other extracurricular events. Effective July 1, 2022.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-27 - Referred to Rules Committee [HB5122 Detail]
Download: Illinois-2021-HB5122-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | |||||||||||||||||||
5 | 22-94 as follows:
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6 | (105 ILCS 5/22-94 new) | |||||||||||||||||||
7 | Sec. 22-94. School district mandates compliance. | |||||||||||||||||||
8 | (a) Definitions. For purposes of this Section only: | |||||||||||||||||||
9 | "School district" means any public school district that is | |||||||||||||||||||
10 | designated by the State Board as a Tier 3 or Tier 4 | |||||||||||||||||||
11 | organizational unit as defined by Section 18-8.15 of this Code | |||||||||||||||||||
12 | for a particular school year. | |||||||||||||||||||
13 | "Mandate" means any provision of the School Code or any | |||||||||||||||||||
14 | rule adopted by the State Board through authority given to the | |||||||||||||||||||
15 | State Board in the School Code. | |||||||||||||||||||
16 | (b) Beginning with the 2022-2023 school year, no school | |||||||||||||||||||
17 | district is obligated to comply with any mandate in any school | |||||||||||||||||||
18 | year in which the school district is designated as a Tier 3 or | |||||||||||||||||||
19 | Tier 4 organizational unit, except that a school district | |||||||||||||||||||
20 | shall not discontinue or modify any mandate pertaining to | |||||||||||||||||||
21 | special education, teacher educator licensure, teacher tenure | |||||||||||||||||||
22 | and seniority, Section 5-2.1 of this Code, any law, rule, or | |||||||||||||||||||
23 | regulation governed by the federal Every Student Succeeds Act, |
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1 | and any requirement for (i) student performance data to be a | ||||||
2 | significant factor in teacher or principal evaluations or (ii) | ||||||
3 | teachers and principals to be rated using the 4 categories of | ||||||
4 | "excellent", "proficient", "needs improvement", or | ||||||
5 | "unsatisfactory". | ||||||
6 | (c) Before discontinuing or modifying a mandate under this | ||||||
7 | Section, the school district shall conduct a public hearing | ||||||
8 | separate of a regular school board meeting. At least 14 days | ||||||
9 | prior to the public hearing, the school board shall post on its | ||||||
10 | website information that sets forth the time, date, place, the | ||||||
11 | list of mandates to be discontinued or modified, and the time | ||||||
12 | period for the discontinuation or modification of the mandate, | ||||||
13 | which shall not be more than 5 school years. The school board | ||||||
14 | shall also give notice to the overseeing regional | ||||||
15 | superintendent of schools, the exclusive collective bargaining | ||||||
16 | agent, and the president of any parent-teacher associations | ||||||
17 | for the school or schools affected by the discontinuation or | ||||||
18 | modification of the mandate. At the discretion of the school | ||||||
19 | board, if more than one mandate is to be discontinued or | ||||||
20 | modified, each mandate may be considered during a single | ||||||
21 | public hearing or during separate public hearings if the | ||||||
22 | posting requirement in this subsection is satisfied. At the | ||||||
23 | public hearing, the school board shall allow for testimony | ||||||
24 | from members of the public and school personnel. At the next | ||||||
25 | regularly-scheduled school board meeting, the school board may | ||||||
26 | take a vote to discontinue or modify the mandates discussed |
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1 | during the public hearing. Upon approval, the discontinuation | ||||||
2 | or modification of a mandate shall be valid for a time period | ||||||
3 | as described by the school board so long as the time period is | ||||||
4 | no more than 5 school years and the school district remains | ||||||
5 | designated as a Tier 3 or Tier 4 organizational unit. A school | ||||||
6 | board may revisit the discontinuation or modification of a | ||||||
7 | mandate at any time following approval and may extend the | ||||||
8 | discontinuation or modification after the time period has | ||||||
9 | lapsed for initial approval so long as the school board | ||||||
10 | initiates the public hearing process described in this | ||||||
11 | subsection (c). | ||||||
12 | (d) In addition to the process described in subsection | ||||||
13 | (c), in accordance with the Election Code, the voters of a | ||||||
14 | school district may submit a petition to place a question on | ||||||
15 | the ballot at the next regularly scheduled election to | ||||||
16 | discontinue or modify a mandate. The petition may not seek to | ||||||
17 | discontinue or modify a mandate under this Section for more | ||||||
18 | than 5 years and the discontinuation or modification of the | ||||||
19 | mandate may be valid so long as the school district remains | ||||||
20 | designated as a Tier 3 or Tier 4 organizational unit under | ||||||
21 | Section 18-8.15 of this Code. | ||||||
22 | The question shall be placed on the ballot by the | ||||||
23 | appropriate election authority in accordance with the Election | ||||||
24 | Code if the petition is signed by no less than 5% of the | ||||||
25 | electors voting in the school district's last regularly | ||||||
26 | scheduled school board election. |
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1 | At least 2 weeks prior to any voting beginning for the | ||||||
2 | election in which the question will be submitted to the | ||||||
3 | voters, notice shall be provided in a newspaper of general | ||||||
4 | circulation covering the school district that describes the | ||||||
5 | mandate that will be discontinued or modified. Notice shall be | ||||||
6 | provided by the party or parties that submitted the petition | ||||||
7 | to the appropriate election authority, and the election | ||||||
8 | authority must notified the party or parties of the notice | ||||||
9 | requirement upon submitting the party or parties submitting | ||||||
10 | the petition. | ||||||
11 | The election authority must submit the question in | ||||||
12 | substantially the following form: | ||||||
13 | "Shall (school district name and number) discontinue or | ||||||
14 | modify the following State-initiated mandate (describe | ||||||
15 | mandate) for the time period of (describe time period) so long | ||||||
16 | as the school district remains designated as a Tier 3 or Tier 4 | ||||||
17 | organizational unit under Section 18-8.15 of the Illinois | ||||||
18 | School Code?" | ||||||
19 | The election authority must record the votes as "Yes" or | ||||||
20 | "No." | ||||||
21 | If a majority of the electors voting on the question vote | ||||||
22 | in the affirmative, then the school district shall discontinue | ||||||
23 | or modify the mandate for the time period described in the | ||||||
24 | ballot question. | ||||||
25 | (e) No school district that discontinues or modifies a | ||||||
26 | mandate under this Section shall be limited in their authority |
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1 | to participate in interscholastic athletics or activities or | ||||||
2 | any other extracurricular events.
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3 | Section 99. Effective date. This Act takes effect July 1, | ||||||
4 | 2022.
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