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Sen. John M. Sullivan
Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 2213
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2213 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The School Code is amended by changing Sections |
| 5 | | 2-3.25g, 27-24, and 27-24.2 as follows:
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| 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 |
| 8 | | School
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.
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| 1 | | "Implementation date" has the meaning set forth in |
| 2 | | Section 24A-2.5 of this Code. |
| 3 | | "State Board" means the State Board of Education.
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| 4 | | (b) Notwithstanding any other
provisions of this School |
| 5 | | Code or any other law of this State to the
contrary, eligible |
| 6 | | applicants may petition the State Board of Education for the
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| 7 | | waiver or modification of the mandates of this School Code or |
| 8 | | of the
administrative rules and regulations promulgated by the |
| 9 | | State Board of
Education. Waivers or modifications of |
| 10 | | administrative rules and regulations
and modifications of |
| 11 | | mandates of this School Code may be requested when an eligible |
| 12 | | applicant demonstrates that it can address the intent of the |
| 13 | | rule or
mandate in a more effective, efficient, or economical |
| 14 | | manner or when necessary
to stimulate innovation or improve |
| 15 | | student performance. Waivers of
mandates of
the School Code may |
| 16 | | be requested when the waivers are necessary to stimulate
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| 17 | | innovation or improve student performance. Waivers may not be |
| 18 | | requested
from laws, rules, and regulations pertaining to |
| 19 | | special education, teacher
certification, teacher tenure and |
| 20 | | seniority, or Section 5-2.1 of this Code or from compliance |
| 21 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). |
| 22 | | On and after the applicable implementation date, eligible |
| 23 | | applicants may not seek a waiver or seek a modification of a |
| 24 | | mandate regarding the requirements for (i) student performance |
| 25 | | data to be a significant factor in teacher or principal |
| 26 | | evaluations or (ii) for teachers and principals to be rated |
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| 1 | | using the 4 categories of "excellent", "proficient", "needs |
| 2 | | improvement", or "unsatisfactory". On the applicable |
| 3 | | implementation date, any previously authorized waiver or |
| 4 | | modification from such requirements shall terminate. |
| 5 | | (c) Eligible applicants, as a matter of inherent managerial |
| 6 | | policy, and any
Independent Authority established under |
| 7 | | Section 2-3.25f may submit an
application for a waiver or |
| 8 | | modification authorized under this Section. Each
application |
| 9 | | must include a written request by the eligible applicant or
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| 10 | | Independent Authority and must demonstrate that the intent of |
| 11 | | the mandate can
be addressed in a more effective, efficient, or |
| 12 | | economical manner
or be based
upon a specific plan for improved |
| 13 | | student performance and school improvement.
Any eligible |
| 14 | | applicant requesting a waiver or modification for the reason |
| 15 | | that intent
of the mandate can be addressed in a more |
| 16 | | economical manner shall include in
the application a fiscal |
| 17 | | analysis showing current expenditures on the mandate
and |
| 18 | | projected savings resulting from the waiver
or modification. |
| 19 | | Applications
and plans developed by eligible applicants must be |
| 20 | | approved by the board or regional superintendent of schools |
| 21 | | applying on behalf of schools or programs operated by the |
| 22 | | regional office of education following a public hearing on the |
| 23 | | application and plan and the
opportunity for the board or |
| 24 | | regional superintendent to hear testimony from staff
directly |
| 25 | | involved in
its implementation, parents, and students. The time |
| 26 | | period for such testimony shall be separate from the time |
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| 1 | | period established by the eligible applicant for public comment |
| 2 | | on other matters. If the applicant is a school district or |
| 3 | | joint agreement requesting a waiver or modification of Section |
| 4 | | 27-6 of this Code, the public hearing shall be held on a day |
| 5 | | other than the day on which a regular meeting of the board is |
| 6 | | held. |
| 7 | | (c-5) If the applicant is a school district, then the |
| 8 | | district shall post information that sets forth the time, date, |
| 9 | | place, and general subject matter of the public hearing on its |
| 10 | | Internet website at least 14 days prior to the hearing. If the |
| 11 | | district is requesting to increase the fee charged for driver |
| 12 | | education authorized pursuant to Section 27-24.2 of this Code, |
| 13 | | the website information shall include the proposed amount of |
| 14 | | the fee the district will request. All school districts must |
| 15 | | publish a notice of the public hearing at least 7 days prior to |
| 16 | | the hearing in a newspaper of general circulation within the |
| 17 | | school district that sets forth the time, date, place, and |
| 18 | | general subject matter of the hearing. Districts requesting to |
| 19 | | increase the fee charged for driver education shall include in |
| 20 | | the published notice the proposed amount of the fee the |
| 21 | | district will request. If the applicant is a joint agreement or |
| 22 | | regional superintendent, then the joint agreement or regional |
| 23 | | superintendent shall post information that sets forth the time, |
| 24 | | date, place, and general subject matter of the public hearing |
| 25 | | on its Internet website at least 14 days prior to the hearing. |
| 26 | | If the joint agreement or regional superintendent is requesting |
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| 1 | | to increase the fee charged for driver education authorized |
| 2 | | pursuant to Section 27-24.2 of this Code, the website |
| 3 | | information shall include the proposed amount of the fee the |
| 4 | | applicant will request. All joint agreements and regional |
| 5 | | superintendents must publish a notice of the public hearing at |
| 6 | | least 7 days prior to the hearing in a newspaper of general |
| 7 | | circulation in each school district that is a member of the |
| 8 | | joint agreement or that is served by the educational service |
| 9 | | region that sets forth the time, date, place, and general |
| 10 | | subject matter of the hearing, provided that a notice appearing |
| 11 | | in a newspaper generally circulated in more than one school |
| 12 | | district shall be deemed to fulfill this requirement with |
| 13 | | respect to all of the affected districts. Joint agreements or |
| 14 | | regional superintendents requesting to increase the fee |
| 15 | | charged for driver education shall include in the published |
| 16 | | notice the proposed amount of the fee the applicant will |
| 17 | | request. The
eligible applicant must notify in writing the |
| 18 | | affected exclusive collective
bargaining agent and those State |
| 19 | | legislators representing the eligible applicant's territory of
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| 20 | | its
intent to seek approval of a
waiver or
modification and of |
| 21 | | the hearing to be held to take testimony from staff.
The |
| 22 | | affected exclusive collective bargaining agents shall be |
| 23 | | notified of such
public hearing at least 7 days prior to the |
| 24 | | date of the hearing and shall be
allowed to attend
such public |
| 25 | | hearing. The eligible applicant shall attest to compliance with |
| 26 | | all of
the notification and procedural requirements set forth |
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| 1 | | in this Section. |
| 2 | | (d) A request for a waiver or modification of |
| 3 | | administrative rules and
regulations or for a modification of |
| 4 | | mandates contained in this School Code
shall be submitted to |
| 5 | | the State Board of Education within 15 days after
approval by |
| 6 | | the board or regional superintendent of schools. The |
| 7 | | application as submitted to the
State Board of Education shall |
| 8 | | include a description of the public hearing. Except with |
| 9 | | respect to contracting for adaptive driver education, an |
| 10 | | eligible applicant wishing to request a modification or waiver |
| 11 | | of administrative rules of the State Board of Education |
| 12 | | regarding contracting with a commercial driver training school |
| 13 | | to provide the course of study authorized under Section 27-24.2 |
| 14 | | of this Code must provide evidence with its application that |
| 15 | | the commercial driver training school with which it will |
| 16 | | contract holds a license issued by the Secretary of State under |
| 17 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that |
| 18 | | each instructor employed by the commercial driver training |
| 19 | | school to provide instruction to students served by the school |
| 20 | | district holds a valid teaching certificate or teaching |
| 21 | | license, as applicable, issued under the requirements of this |
| 22 | | Code and rules of the State Board of Education. Such evidence |
| 23 | | must include, but need not be limited to, a list of each |
| 24 | | instructor assigned to teach students served by the school |
| 25 | | district, which list shall include the instructor's name, |
| 26 | | personal identification number as required by the State Board |
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| 1 | | of Education, birth date, and driver's license number. If the |
| 2 | | modification or waiver is granted, then the eligible applicant |
| 3 | | shall notify the State Board of Education of any changes in the |
| 4 | | personnel providing instruction within 15 calendar days after |
| 5 | | an instructor leaves the program or a new instructor is hired. |
| 6 | | Such notification shall include the instructor's name, |
| 7 | | personal identification number as required by the State Board |
| 8 | | of Education, birth date, and driver's license number. If a |
| 9 | | school district maintains an Internet website, then the |
| 10 | | district shall post a copy of the final contract between the |
| 11 | | district and the commercial driver training school on the |
| 12 | | district's Internet website. If no Internet website exists, |
| 13 | | then the district shall make available the contract upon |
| 14 | | request. A record of all materials in relation to the |
| 15 | | application for contracting must be maintained by the school |
| 16 | | district and made available to parents and guardians upon |
| 17 | | request. The instructor's date of birth and driver's license |
| 18 | | number and any other personally identifying information as |
| 19 | | deemed by the federal Driver's Privacy Protection Act of 1994 |
| 20 | | must be redacted from any public materials.
Following receipt |
| 21 | | of the waiver or modification request, the
State Board shall |
| 22 | | have 45 days to review the application and request. If the
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| 23 | | State Board fails to disapprove the application within that 45 |
| 24 | | day period, the
waiver or modification shall be deemed granted. |
| 25 | | The State Board
may disapprove
any request if it is not based |
| 26 | | upon sound educational practices, endangers the
health or |
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| 1 | | safety of students or staff, compromises equal opportunities |
| 2 | | for
learning, or fails to demonstrate that the intent of the |
| 3 | | rule or mandate can be
addressed in a more effective, |
| 4 | | efficient, or economical manner or have improved
student |
| 5 | | performance as a primary goal. Any request disapproved by the |
| 6 | | State
Board may be appealed to the General Assembly by the |
| 7 | | eligible applicant
as outlined in this Section. |
| 8 | | A request for a waiver from mandates contained in this |
| 9 | | School Code shall be
submitted to the State Board within 15 |
| 10 | | days after approval by the board or regional superintendent of |
| 11 | | schools.
The application as submitted to the State Board of |
| 12 | | Education
shall include a description of the public hearing. |
| 13 | | The description shall
include, but need not be limited to, the |
| 14 | | means of notice, the number of people
in attendance, the number |
| 15 | | of people who spoke as proponents or opponents of the
waiver, a |
| 16 | | brief description of their comments, and whether there were any
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| 17 | | written statements submitted.
The State Board shall review the |
| 18 | | applications and requests for
completeness and shall compile |
| 19 | | the requests in reports to be filed with the
General Assembly.
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| 20 | | The State Board shall file
reports outlining the waivers
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| 21 | | requested by eligible applicants
and appeals by eligible |
| 22 | | applicants of requests
disapproved by the State Board with the |
| 23 | | Senate and the House of
Representatives before each March 1 and
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| 24 | | October
1. The General Assembly may disapprove the report of |
| 25 | | the State Board in whole
or in part within 60 calendar days |
| 26 | | after each house of the General Assembly
next
convenes after |
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| 1 | | the report is filed by adoption of a resolution by a record |
| 2 | | vote
of the majority of members elected in each house. If the |
| 3 | | General Assembly
fails to disapprove any waiver request or |
| 4 | | appealed request within such 60
day period, the waiver or |
| 5 | | modification shall be deemed granted. Any resolution
adopted by |
| 6 | | the General Assembly disapproving a report of the State Board |
| 7 | | in
whole or in part shall be binding on the State Board. |
| 8 | | (e) An approved waiver or modification (except a waiver |
| 9 | | from or modification to a physical education mandate) may |
| 10 | | remain in effect for a period not to
exceed 5 school years and |
| 11 | | may be renewed upon application by the
eligible applicant. |
| 12 | | However, such waiver or modification may be changed within that
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| 13 | | 5-year period by a board or regional superintendent of schools |
| 14 | | applying on behalf of schools or programs operated by the |
| 15 | | regional office of education following the procedure as set
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| 16 | | forth in this Section for the initial waiver or modification |
| 17 | | request. If
neither the State Board of Education nor the |
| 18 | | General Assembly disapproves, the
change is deemed granted. |
| 19 | | An approved waiver from or modification to a physical |
| 20 | | education mandate may remain in effect for a period not to |
| 21 | | exceed 2 school years and may be renewed no more than 2 times |
| 22 | | upon application by the eligible applicant. An approved waiver |
| 23 | | from or modification to a physical education mandate may be |
| 24 | | changed within the 2-year period by the board or regional |
| 25 | | superintendent of schools, whichever is applicable, following |
| 26 | | the procedure set forth in this Section for the initial waiver |
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| 1 | | or modification request. If neither the State Board of |
| 2 | | Education nor the General Assembly disapproves, the change is |
| 3 | | deemed granted.
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| 4 | | (f) (Blank). |
| 5 | | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; |
| 6 | | 97-1025, eff. 1-1-13.)
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| 7 | | (105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
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| 8 | | Sec. 27-24. Short title. Sections 27-24 through 27-24.10 |
| 9 | | 27-24.8 of this Article are known and may be
cited as the |
| 10 | | Driver Education Act.
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| 11 | | (Source: P.A. 76-1835.)
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| 12 | | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) |
| 13 | | Sec. 27-24.2. Safety education; driver education course. |
| 14 | | Instruction shall be given in safety education in each of |
| 15 | | grades one though 8, equivalent to one class period each week, |
| 16 | | and any school district which maintains
grades 9 through 12 |
| 17 | | shall offer a driver education course in any such school
which |
| 18 | | it operates. Its curriculum shall include content dealing with |
| 19 | | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, |
| 20 | | the rules adopted pursuant to those Chapters insofar as they |
| 21 | | pertain to the operation of motor vehicles, and the portions of |
| 22 | | the Litter Control Act relating to the operation of motor |
| 23 | | vehicles. The course of instruction given in grades 10 through |
| 24 | | 12 shall include an emphasis on the development of knowledge, |
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| 1 | | attitudes, habits, and skills necessary for the safe operation |
| 2 | | of motor vehicles, including motorcycles insofar as they can be |
| 3 | | taught in the classroom, and instruction on distracted driving |
| 4 | | as a major traffic safety issue. In addition, the course shall |
| 5 | | include instruction on special hazards existing at and required |
| 6 | | safety and driving precautions that must be observed at |
| 7 | | emergency situations, highway construction and maintenance |
| 8 | | zones, and railroad crossings and the approaches thereto. The |
| 9 | | course of instruction required of each eligible student at the |
| 10 | | high school level shall consist of a minimum of 30 clock hours |
| 11 | | of classroom instruction and a minimum of 6 clock hours of |
| 12 | | individual behind-the-wheel instruction in a dual control car |
| 13 | | on public roadways taught by a driver education instructor |
| 14 | | endorsed by the State Board of Education. Both the classroom |
| 15 | | instruction part and the practice driving
part of such driver |
| 16 | | education course shall be open to a resident or
non-resident |
| 17 | | student attending a non-public school in the district wherein |
| 18 | | the
course is offered. Each student attending any public or |
| 19 | | non-public high school
in the district must receive a passing |
| 20 | | grade in at least 8 courses during the
previous 2 semesters |
| 21 | | prior to enrolling in a driver education course, or the
student |
| 22 | | shall not be permitted to enroll in the course; provided that |
| 23 | | the local
superintendent of schools (with respect to a student |
| 24 | | attending a public high
school in the district) or chief school |
| 25 | | administrator (with respect to a
student attending a non-public |
| 26 | | high school in the district) may waive the
requirement if the |
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| 1 | | superintendent or chief school administrator, as the case
may |
| 2 | | be, deems it to be in the best interest of the student. A |
| 3 | | student may be allowed to commence the
classroom instruction |
| 4 | | part of such driver education course prior to reaching
age 15 |
| 5 | | if such student then will be eligible to complete the entire |
| 6 | | course
within 12 months after being allowed to commence such |
| 7 | | classroom instruction. |
| 8 | | A school district may offer a driver education course in a |
| 9 | | school by contracting with a commercial driver training school |
| 10 | | to provide both the classroom instruction part and the practice |
| 11 | | driving part or either one without having to request a |
| 12 | | modification or waiver of administrative rules of the State |
| 13 | | Board of Education. If a school district chooses to contract |
| 14 | | with a commercial driver training school, then the district |
| 15 | | must provide evidence to the State Board of Education that the |
| 16 | | commercial driver training school with which it will contract |
| 17 | | holds a license issued by the Secretary of State under Article |
| 18 | | IV of Chapter 6 of the Illinois Vehicle Code and that each |
| 19 | | instructor employed by the commercial driver training school to |
| 20 | | provide instruction to students served by the school district |
| 21 | | holds a valid teaching license issued under the requirements of |
| 22 | | this Code and rules of the State Board of Education. Such |
| 23 | | evidence must include, but need not be limited to, a list of |
| 24 | | each instructor assigned to teach students served by the school |
| 25 | | district, which list shall include the instructor's name, |
| 26 | | personal identification number as required by the State Board |
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| 1 | | of Education, birth date, and driver's license number. In |
| 2 | | addition, the school district shall notify the State Board of |
| 3 | | Education of any changes in the personnel providing instruction |
| 4 | | within 15 calendar days after an instructor leaves the program |
| 5 | | or a new instructor is hired. Such notification shall include |
| 6 | | the instructor's name, personal identification number as |
| 7 | | required by the State Board of Education, birth date, and |
| 8 | | driver's license number. If a school district maintains an |
| 9 | | Internet website, then the district shall post a copy of the |
| 10 | | final contract between the district and the commercial driver |
| 11 | | training school on the district's Internet website. If no |
| 12 | | Internet website exists, then the district shall make available |
| 13 | | the contract upon request. A record of all materials in |
| 14 | | relation to the contracting of a driver education course must |
| 15 | | be maintained by the school district and made available to the |
| 16 | | parents and guardians of students upon request. The |
| 17 | | instructor's date of birth and driver's license number and any |
| 18 | | other personally identifying information as deemed by the |
| 19 | | federal Driver's Privacy Protection Act of 1994 must be |
| 20 | | redacted from any public materials. |
| 21 | | Such a course may be commenced immediately after the |
| 22 | | completion of a prior
course. Teachers of such courses shall |
| 23 | | meet the licensure certification requirements of
this Code Act |
| 24 | | and regulations of the State Board as to qualifications. |
| 25 | | Subject to rules of the State Board of Education, the |
| 26 | | school district may charge a reasonable fee, not to exceed $50, |
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| 1 | | to students who participate in the course, unless a student is |
| 2 | | unable to pay for such a course, in which event the fee for |
| 3 | | such a student must be waived. However, the district may |
| 4 | | increase this fee to an amount not to exceed $250 by school |
| 5 | | board resolution following a public hearing on the increase, |
| 6 | | which increased fee must be waived for students who participate |
| 7 | | in the course and are unable to pay for the course. The total |
| 8 | | amount from driver education fees and reimbursement from the |
| 9 | | State for driver education must not exceed the total cost of |
| 10 | | the driver education program in any year and must be deposited |
| 11 | | into the school district's driver education fund as a separate |
| 12 | | line item budget entry. All moneys deposited into the school |
| 13 | | district's driver education fund must be used solely for the |
| 14 | | funding of a high school driver education program approved by |
| 15 | | the State Board of Education that uses driver education |
| 16 | | instructors endorsed by the State Board of Education. |
| 17 | | (Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.".
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