Bill Text: IL SB1189 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB1189 Detail]

Download: Illinois-2019-SB1189-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1189

Introduced 2/5/2019, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/27-6 from Ch. 122, par. 27-6

Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 changing Sections
52-3.25g and 27-6 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 the
8School Code and administrative rules and regulations.
9 (a) In this Section:
10 "Board" means a school board or the governing board or
11 administrative district, as the case may be, for a joint
12 agreement.
13 "Eligible applicant" means a school district, joint
14 agreement made up of school districts, or regional
15 superintendent of schools on behalf of schools and programs
16 operated by the regional office of education.
17 "Implementation date" has the meaning set forth in
18 Section 24A-2.5 of this Code.
19 "State Board" means the State Board of Education.
20 (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance or when the applicant
11demonstrates that it can address the intent of the mandate of
12the School Code in a more effective, efficient, or economical
13manner. Waivers may not be requested from laws, rules, and
14regulations pertaining to special education, teacher educator
15licensure, teacher tenure and seniority, or Section 5-2.1 of
16this Code or from compliance with the Every Student Succeeds
17Act (Public Law 114-95). Eligible applicants may not seek a
18waiver or seek a modification of a mandate regarding the
19requirements for (i) student performance data to be a
20significant factor in teacher or principal evaluations or (ii)
21teachers and principals to be rated using the 4 categories of
22"excellent", "proficient", "needs improvement", or
23"unsatisfactory". On September 1, 2014, any previously
24authorized waiver or modification from such requirements shall
25terminate.
26 (c) Eligible applicants, as a matter of inherent managerial

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1policy, and any Independent Authority established under
2Section 2-3.25f-5 of this Code may submit an application for a
3waiver or modification authorized under this Section. Each
4application must include a written request by the eligible
5applicant or Independent Authority and must demonstrate that
6the intent of the mandate can be addressed in a more effective,
7efficient, or economical manner or be based upon a specific
8plan for improved student performance and school improvement.
9Any eligible applicant requesting a waiver or modification for
10the reason that intent of the mandate can be addressed in a
11more economical manner shall include in the application a
12fiscal analysis showing current expenditures on the mandate and
13projected savings resulting from the waiver or modification.
14Applications and plans developed by eligible applicants must be
15approved by the board or regional superintendent of schools
16applying on behalf of schools or programs operated by the
17regional office of education following a public hearing on the
18application and plan and the opportunity for the board or
19regional superintendent to hear testimony from staff directly
20involved in its implementation, parents, and students. The time
21period for such testimony shall be separate from the time
22period established by the eligible applicant for public comment
23on other matters.
24 (c-5) If the applicant is a school district, then the
25district shall post information that sets forth the time, date,
26place, and general subject matter of the public hearing on its

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1Internet website at least 14 days prior to the hearing. If the
2district is requesting to increase the fee charged for driver
3education authorized pursuant to Section 27-24.2 of this Code,
4the website information shall include the proposed amount of
5the fee the district will request. All school districts must
6publish a notice of the public hearing at least 7 days prior to
7the hearing in a newspaper of general circulation within the
8school district that sets forth the time, date, place, and
9general subject matter of the hearing. Districts requesting to
10increase the fee charged for driver education shall include in
11the published notice the proposed amount of the fee the
12district will request. If the applicant is a joint agreement or
13regional superintendent, then the joint agreement or regional
14superintendent shall post information that sets forth the time,
15date, place, and general subject matter of the public hearing
16on its Internet website at least 14 days prior to the hearing.
17If the joint agreement or regional superintendent is requesting
18to increase the fee charged for driver education authorized
19pursuant to Section 27-24.2 of this Code, the website
20information shall include the proposed amount of the fee the
21applicant will request. All joint agreements and regional
22superintendents must publish a notice of the public hearing at
23least 7 days prior to the hearing in a newspaper of general
24circulation in each school district that is a member of the
25joint agreement or that is served by the educational service
26region that sets forth the time, date, place, and general

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1subject matter of the hearing, provided that a notice appearing
2in a newspaper generally circulated in more than one school
3district shall be deemed to fulfill this requirement with
4respect to all of the affected districts. Joint agreements or
5regional superintendents requesting to increase the fee
6charged for driver education shall include in the published
7notice the proposed amount of the fee the applicant will
8request. The eligible applicant must notify either
9electronically or in writing the affected exclusive collective
10bargaining agent and those State legislators representing the
11eligible applicant's territory of its intent to seek approval
12of a waiver or modification and of the hearing to be held to
13take testimony from staff. The affected exclusive collective
14bargaining agents shall be notified of such public hearing at
15least 7 days prior to the date of the hearing and shall be
16allowed to attend such public hearing. The eligible applicant
17shall attest to compliance with all of the notification and
18procedural requirements set forth in this Section.
19 (d) A request for a waiver or modification of
20administrative rules and regulations or for a modification of
21mandates contained in this School Code shall be submitted to
22the State Board of Education within 15 days after approval by
23the board or regional superintendent of schools. The
24application as submitted to the State Board of Education shall
25include a description of the public hearing. Following receipt
26of the waiver or modification request, the State Board shall

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1have 45 days to review the application and request. If the
2State Board fails to disapprove the application within that
345-day 45 day period, the waiver or modification shall be
4deemed granted. The State Board may disapprove any request if
5it is not based upon sound educational practices, endangers the
6health or safety of students or staff, compromises equal
7opportunities for learning, or fails to demonstrate that the
8intent of the rule or mandate can be addressed in a more
9effective, efficient, or economical manner or have improved
10student performance as a primary goal. Any request disapproved
11by the State Board may be appealed to the General Assembly by
12the eligible applicant as outlined in this Section.
13 A request for a waiver from mandates contained in this
14School Code shall be submitted to the State Board within 15
15days after approval by the board or regional superintendent of
16schools. The application as submitted to the State Board of
17Education shall include a description of the public hearing.
18The description shall include, but need not be limited to, the
19means of notice, the number of people in attendance, the number
20of people who spoke as proponents or opponents of the waiver, a
21brief description of their comments, and whether there were any
22written statements submitted. The State Board shall review the
23applications and requests for completeness and shall compile
24the requests in reports to be filed with the General Assembly.
25The State Board shall file reports outlining the waivers
26requested by eligible applicants and appeals by eligible

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1applicants of requests disapproved by the State Board with the
2Senate and the House of Representatives before each March 1 and
3October 1.
4 The report shall be reviewed by a panel of 4 members
5consisting of:
6 (1) the Speaker of the House of Representatives;
7 (2) the Minority Leader of the House of
8 Representatives;
9 (3) the President of the Senate; and
10 (4) the Minority Leader of the Senate.
11The State Board of Education may provide the panel
12recommendations on waiver requests. The members of the panel
13shall review the report submitted by the State Board of
14Education and submit to the State Board of Education any notice
15of further consideration to any waiver request within 14 days
16after the member receives the report. If 3 or more of the panel
17members submit a notice of further consideration to any waiver
18request contained within the report, the State Board of
19Education shall submit the waiver request to the General
20Assembly for consideration. If less than 3 panel members submit
21a notice of further consideration to a waiver request, the
22waiver may be approved, denied, or modified by the State Board.
23If the State Board does not act on a waiver request within 10
24days, then the waiver request is approved. If the waiver
25request is denied by the State Board, it shall submit the
26waiver request to the General Assembly for consideration.

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1 The General Assembly may disapprove any waiver request
2submitted to the General Assembly pursuant to this subsection
3(d) in whole or in part within 60 calendar days after each
4house of the General Assembly next convenes after the waiver
5request is submitted by adoption of a resolution by a record
6vote of the majority of members elected in each house. If the
7General Assembly fails to disapprove any waiver request or
8appealed request within such 60-day 60 day period, the waiver
9or modification shall be deemed granted. Any resolution adopted
10by the General Assembly disapproving a report of the State
11Board in whole or in part shall be binding on the State Board.
12 (e) Except for a waiver from or modification to a physical
13education mandate, an An approved waiver or modification may
14remain in effect for a period not to exceed 5 school years and
15may be renewed upon application by the eligible applicant.
16However, such waiver or modification may be changed within that
175-year period by a board or regional superintendent of schools
18applying on behalf of schools or programs operated by the
19regional office of education following the procedure as set
20forth in this Section for the initial waiver or modification
21request. If neither the State Board of Education nor the
22General Assembly disapproves, the change is deemed granted.
23 An approved waiver from or modification to a physical
24education mandate may remain in effect for a period not to
25exceed 2 school years and may be renewed no more than 2 times
26upon application by the eligible applicant. An approved waiver

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1from or modification to a physical education mandate may be
2changed within the 2-year period by the board or regional
3superintendent of schools, whichever is applicable, following
4the procedure set forth in this Section for the initial waiver
5or modification request. If neither the State Board of
6Education nor the General Assembly disapproves, the change is
7deemed granted.
8 (f) (Blank).
9(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17;
10100-782, eff. 1-1-19; revised 10-1-18.)
11 (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
12 Sec. 27-6. Courses in physical education required; special
13activities.
14 (a) Pupils enrolled in the public schools and State
15universities engaged in preparing teachers shall be required to
16engage during the school day, except on block scheduled days
17for those public schools engaged in block scheduling, in
18courses of physical education for such periods as are
19compatible with the optimum growth and developmental needs of
20individuals at the various age levels except when appropriate
21excuses are submitted to the school by a pupil's parent or
22guardian or by a person licensed under the Medical Practice Act
23of 1987 and except as provided in subsection (b) of this
24Section. A school board may determine the schedule or frequency
25of physical education courses, provided that an elementary

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1school pupil shall engage in a course of physical education for
2a minimum of 150 minutes per week and a middle school, junior
3high school, or high school pupil shall engage in a course of
4physical education for a minimum of 225 minutes per week a
5pupil engages in a course of physical education for a minimum
6of 3 days per 5-day week. However, if a student non-attendance
7day is scheduled for a day that would otherwise include a
8physical education class or if the school building is not
9otherwise open to students on a day that would otherwise
10include a physical education class, a student is not required
11to make up the minutes from that class. In this subsection,
12"student non-attendance day" means a day in which no students
13are present or engaged in learning, as defined by the school
14district.
15 Special activities in physical education shall be provided
16for pupils whose physical or emotional condition, as determined
17by a person licensed under the Medical Practice Act of 1987,
18prevents their participation in the courses provided for normal
19children.
20 (b) A school board is authorized to excuse pupils enrolled
21in grades 11 and 12 from engaging in physical education courses
22if those pupils request to be excused for any of the following
23reasons: (1) for ongoing participation in an interscholastic
24athletic program; (2) to enroll in academic classes which are
25required for admission to an institution of higher learning,
26provided that failure to take such classes will result in the

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1pupil being denied admission to the institution of his or her
2choice; or (3) to enroll in academic classes which are required
3for graduation from high school, provided that failure to take
4such classes will result in the pupil being unable to graduate.
5A school board may also excuse pupils in grades 9 through 12
6enrolled in a marching band program for credit from engaging in
7physical education courses if those pupils request to be
8excused for ongoing participation in such marching band
9program. A school board may also, on a case-by-case basis,
10excuse pupils in grades 7 through 12 who participate in an
11interscholastic or extracurricular athletic program from
12engaging in physical education courses. In addition, a pupil in
13any of grades 3 through 12 who is eligible for special
14education may be excused if the pupil's parent or guardian
15agrees that the pupil must utilize the time set aside for
16physical education to receive special education support and
17services or, if there is no agreement, the individualized
18education program team for the pupil determines that the pupil
19must utilize the time set aside for physical education to
20receive special education support and services, which
21agreement or determination must be made a part of the
22individualized education program. However, a pupil requiring
23adapted physical education must receive that service in
24accordance with the individualized education program developed
25for the pupil. If requested, a school board is authorized to
26excuse a pupil from engaging in a physical education course if

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1the pupil has an individualized educational program under
2Article 14 of this Code, is participating in an adaptive
3athletic program outside of the school setting, and documents
4such participation as determined by the school board. A school
5board may also excuse pupils in grades 9 through 12 enrolled in
6a Reserve Officer's Training Corps (ROTC) program sponsored by
7the school district from engaging in physical education
8courses. School boards which choose to exercise this authority
9shall establish a policy to excuse pupils on an individual
10basis.
11 (c) The provisions of this Section are subject to the
12provisions of Section 27-22.05.
13(Source: P.A. 100-465, eff. 8-31-17.)
14 Section 99. Effective date. This Act takes effect July 1,
152019.
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