2:020-E1 Waiver and Modification Request Resource Guide

Applies to unfunded or under-funded: (1) mandates in the School Code enacted after 8-20-10, or (2) regulatory mandates promulgated by ISBE and adopted by rule after 8-20-10, other than those promulgated with respect to 105 ILCS 5/22-60 or statutes already enacted on or before 8-20-10. Allows the District to petition its Regional Superintendent or a Suburban Cook County Intermediate Service Center, whichever is appropriate, to request exemption from implementing the mandate in school(s) in the next school year.

Allows the District to petition its Regional Superintendent or Suburban Cook Bounty Intermediate Service Center, whichever is appropriate, to request exemption from implementing the mandate in school(s) in the next school year.

Special Considerations

1. Whether the significance of the unfunded or underfunded mandate justifies the effort needed to seek an exemption, and
2. The advisability of simultaneously seeking a waiver or modification using Section 2-3.25g (see Explanation section in the row (below).

Resources

ISBE Rules and Waivers Division at (217) 782-5270, or waivers@isbe.net.

There are two options for the District (explanations are listed below each option):

Option 1: Petition ISBE for a waiver of School Code mandates; ISBE forwards the petition for waiver to the Ill. General Assembly for consideration in its next-scheduled report.

Option 2: Petition ISBE for one or more of the following:

1. A modification of the mandates in the School Code (this is different than asking for a waiver of mandates in the School Code).
2. A waiver of ISBE administrative rules
   1. A modification of ISBE administrative rules.

For Option 1, a waiver of mandates in the School Code, the District must demonstrate that the waiver is necessary to: (a) stimulate innovation; (b) improve student performance; or (c) it can address the intent of the mandate in a more effective, efficient, or economical manner. 105 ILCS 5/2-3.25g, amended by P.A. 100-465, and 23 Ill.Admin.Code §1.100, list and describe mandates from which school districts may not seek a waiver or modification.

For Option 2, a modification of the mandates in the School Code and/or a waiver or modification of administrative rules, the District must demonstrate that: (1) it can address the intent of the rule or mandate in a more effective, efficient, or economical manner; or (2) the waiver or modification is necessary to stimulate innovation or improve student performance.

The District must also provide certain notices as follows:

1. Publish a notice in a newspaper of general circulation within the District of the time, date, place, and general subject matter of a public hearing on the proposed waiver or modification request. This notice must be published at least seven days before the hearing.
2. If there is no newspaper published in the county, give notice in a secular newspaper published in an adjoining county having general circulation within the District. 715 ILCS 5/2, amended by P.A. 100-72, and 715 ILCS 5/5.
3. Post the time, date, place, and general subject matter of the public hearing on the District’s website at least 14 days before the hearing. 105 ILCS 5/2-3.25g.
4. Notify, electronically or in writing, the affected exclusive bargaining agent(s) and the District’s State legislators of the District’s intent to see approval of a waiver or modification and of the hearing to be held to take testimony from staff.  This notice must occur at least seven days before the hearing, and the affected exclusive bargaining agent(s) shall be allowed to attend the public hearing.  105 ILCS 5/2.325g(c-5), amended by P.A. 100-782.

Check the ISBE website listed below in the Special Considerations section for changes in notice requirements.

Special Considerations

The District must develop a plan supporting a waiver or modification request that meets the criteria in 105 ILCS 5/2-3.25g. See www.isbe.net/Pages/Overview-of-the-Waiver-Process.aspx. 105 ILCS 5/2-3.25g; 23 Ill.Admin.Code §1.100.

Resources

ISBE rules at:

23 Ill.Admin.Code §1.100 (Waiver and Modification of State Board Rules and School Code Mandates

23 Ill.Admin.Code §1.110 (Appeal Process Under Section 22-60 of the School Code)

ISBE waivers at: www.isbe.net/Pages/Waivers.aspx

Waiver overview at: www.isbe.net/Pages/Overview-of-the-Waiver-Process.aspx

Instructions at: www.isbe.net/Pages/Waiver-Application.aspx

Application form at: www.isbe.net/documents/33-77_waiver_application.pdf

Drivers Education, 105 ILCS 5/24.2 and 105 ILCS 5/2-3.25g amended by P.A. 100-465.

See the Explanation section in the row above.

Special Considerations

In addition to the Explanation section above:

1. Physical education is managed as a waiver of School Code mandates discussed in the Explanation section above. A waiver of this School Code mandate may be in effect for up to five years. Recent legislative changes removed any cap applicable to renewal of waivers related to physical education.
2. Driver education fee increases require the District to include the proposed amount of the fee increase: (a) in the public notice; and (b) on the District’s website. 105 ILCS 5/2-3.25g(c-5). Note: For a sample school district resolution to increase driver education fees, see 4:140-E3, Resolution to Increase Driver Education Fees.

Resources

See the Resources section in the row above.

Allows the District to hold school or schedule teachers’ institutes, parent-teacher conferences, or staff development on certain holidays without submitting a modification request to and obtaining approval from ISBE.

After a public hearing, the District may hold school or schedule teachers’ institutes, parent-teacher conferences, or staff development on:

1.     The third Monday in January (Dr. Martin Luther King, Jr.’s Birthday);

2.     February 12 (President Abraham Lincoln’s Birthday);

3.     The first Monday in March (Casimir Pulaski Day);

4.     The second Monday in October (Columbus Day); and/or

5.     November 11 (Veterans Day).

Special Considerations

The Board must provide notice before the public hearing to both educators and parents/guardians with: (1) the time, date, and place of the hearing; (2) a description of the proposal; and (3) information that testimony from educators and parents/guardians will be taken about the proposal during the hearing.

The District must prepare a proposal for recognizing the person(s) honored by the holiday through instructional activities conducted on that day or, if the day is not used for student attendance, on the first school day preceding or following that day. The District may also consider aligning the proposal with Board policies 5:200, Terms and Conditions of Employment and Dismissal; 5:330, Sick Days, Vacation, Holidays, and Leaves; and 6:20, School Year Calendar and Day.

Resources

See the tab labeled Waivers and modifications no longer needed for legal school holiday requests, most parent-teacher conference schedules on ISBE’s website at: www.isbe.net/Pages/Modifications-of-the-School-Codes-and-Rules-of-the-State-Board.aspx.

1. A minimum of five clock-hours of parent-teacher conferences;
2. Both a minimum of two clock-hours of parent-teacher conferences held in the evening following a full day of student attendance, and a minimum of three clock-hours of parent-teacher conferences held on the day immediately following evening parent-teacher conferences; or
3. Multiple parent-teacher conferences held in the evenings following full days of student attendance, in which the time used for the parent-teacher conferences is equivalent to a minimum of five clock-hours.

Special Considerations

Any other options for counting a parent-teacher conference as a full day of attendance not covered by the language above will require a waiver request to the General Assembly for its consideration.

The above clock-hour requirements do not apply if the Governor declares a disaster due to a public health emergency pursuant to 20 ILCS 3305/7 and the State Superintendent of Education may establish minimum clock-hour requirements under 105 ILCS 5/10-30.  105 ILCS 5/10-19(J-5), added by P.A. 101-643

Resources

See the tab labeled Waivers and modifications no longer needed for legal school holiday requests, most parent-teacher conference schedules on ISBE’s website at: www.isbe.net/Pages/Modifications-of-the-School-Codes-and-Rules-of-the-State-Board.aspx.