Bill Text: IL HB1906 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the School Code. Until July 1, 2031, provides that a school district is relieved from the requirement to establish and implement certain unfunded mandates for a period of up to 5 years if specified conditions are met. In a provision that prohibits certain unfunded mandates, provides that the provision does not allow a school district or private school to discontinue or modify any law, rule, or regulation pertaining to special education, teacher educator licensure, teacher tenure and seniority, or voter eligibility; to fail to comply with the federal Every Student Succeeds Act; or to discontinue or modify any requirement for student performance data to be a significant factor in teacher or principal evaluations or teachers and principals to be rated using specified categories. Requires a public hearing before discontinuing or modifying a mandate. Sets forth notice procedures and a review process. Provides that if the provisions prohibiting certain unfunded mandates conflict with the State Mandates Act, the provisions prohibiting certain unfunded mandates (instead of the State Mandates Act) shall prevail. Effective July 1, 2021.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1906 Detail]

Download: Illinois-2021-HB1906-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1906 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-60
Amends the School Code. Until July 1, 2031, provides that a school district is relieved from the requirement to establish and implement certain unfunded mandates for a period of up to 5 years if specified conditions are met. In a provision that prohibits certain unfunded mandates, provides that the provision does not allow a school district or private school to discontinue or modify any law, rule, or regulation pertaining to special education, teacher educator licensure, teacher tenure and seniority, or voter eligibility; to fail to comply with the federal Every Student Succeeds Act; or to discontinue or modify any requirement for student performance data to be a significant factor in teacher or principal evaluations or teachers and principals to be rated using specified categories. Requires a public hearing before discontinuing or modifying a mandate. Sets forth notice procedures and a review process. Provides that if the provisions prohibiting certain unfunded mandates conflict with the State Mandates Act, the provisions prohibiting certain unfunded mandates (instead of the State Mandates Act) shall prevail. Effective July 1, 2021.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
22-60 as follows:
(105 ILCS 5/22-60)
Sec. 22-60. Unfunded mandates prohibited.
(I) This subsection (I) applies before July 1, 2031.
(a) No public school district or private school is
obligated to comply with the following types of mandates
unless a separate appropriation, excluding funds
appropriated under Section 18-8.15 of this Code, has been
enacted into law providing full funding for the mandate
for the school year in which the mandate is initially
discontinued or modified:
(1) Any mandate in this Code enacted after August
20, 2010 (the effective date of Public Act 96-1441).
(2) Any regulatory mandate promulgated by the
State Board of Education and adopted by rule after
August 20, 2010 (the effective date of Public Act
96-1441) other than those promulgated with respect to
this Section or statutes already enacted on or before
August 20, 2010 (the effective date of Public Act

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96-1441).
(b) If the amount appropriated to fund a mandate
described in paragraph (a) of this subsection (I) does not
fully fund the mandated activity, then the school district
or private school may choose to discontinue or modify the
mandated activity to ensure that the costs of compliance
do not exceed the funding received.
This Section does not allow a school district or
private school to discontinue or modify any law, rule, or
regulation pertaining to special education, teacher
educator licensure, teacher tenure and seniority, or
Section 5-2.1 of this Code or to fail to comply with the
federal Every Student Succeeds Act (Public Law 114-95). A
school district or private school may not discontinue or
modify any requirement for (i) student performance data to
be a significant factor in teacher or principal
evaluations or (ii) teachers and principals to be rated
using the 4 categories of "excellent", "proficient",
"needs improvement", or "unsatisfactory".
Before discontinuing or modifying the mandate, a
school board shall conduct a public hearing. At least 14
days prior to the public hearing, the school board shall
post on its website information that sets forth the time,
date, place, list of mandates to be discontinued or
modified, and time period for the discontinuation or
modification. The time period for seeking relief shall not

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exceed 5 years from the date of decision by the school
board.
The school board shall also give notice to the
overseeing regional superintendent of schools, the
exclusive collective bargaining agent, and the president
of any parent-teacher associations for the school or
schools affected by the mandate. At the discretion of the
school board, if more than one mandate is to be
discontinued or modified, each mandate may be considered
during a single public hearing or during separate hearings
if the posting requirements in this paragraph (b) are
satisfied.
The school board must also give notice, in the school
board's agenda, about the decision to discontinue or
modify the mandate at 2 successive school board meetings
held at least 13 days after the public hearing, but not
more than 60 days apart or more than 60 days after the
public hearing. The school board may take public testimony
about the proposal to discontinue or modify the mandate.
The school board shall vote to approve or deny the
decision to discontinue or modify each mandate or group of
mandates.
The school board shall set forth its reasons for
discontinuing or modifying the mandate or mandates in
writing and shall submit such findings within 30 days to
the regional superintendent, the exclusive collective

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bargaining agent, and, if applicable, the president of any
parent-teacher association associated with the impacted
school or schools.
The regional superintendent of schools shall review
the findings. In accordance with the Open Meetings Act, he
or she may convene a public hearing to hear testimony from
the school district and interested community members. The
regional superintendent shall, within 30 days, inform the
school district of any objections to the discontinuation
or modification in writing. The objections must be limited
to: (i) proof of full funding by State appropriation,
separate of funds appropriated under Section 18-8.15 of
this Code; (ii) for curriculum mandates, an identification
of learning resources that are readily available to the
school at no cost; (iii) for programming mandates, that
resources are readily available to the school at no cost;
or (iv) that the mandate relief sought will adversely
change the health, life, safety, or well-being of the
students involved. The regional superintendent must also
send notification to the State Board of Education
detailing which school districts requested an exemption or
modification and any objections from the regional
superintendent.
Unless the regional superintendent denies the
exemption, then the school district is relieved from the
requirement to establish and implement the mandate in the

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school or schools granted an exemption for the time period
in the published notice, which period shall not exceed 5
years from the date of the school board's decision. The
school district or a resident of the school district may
appeal the decision of the regional superintendent to the
State Superintendent of Education within 30 calendar days.
The State Superintendent shall determine no later than 30
calendar days from the date of receipt of the appeal
whether to approve or disapprove the discontinuation or
modification of the mandate. The State Superintendent
shall issue a final decision within 30 calendar days.
Unless the State Superintendent denies the exemption, then
the school district is relieved from the requirement to
implement a mandate for the time period in the published
notice, which period shall not exceed 5 years from the
date of the school board's decision. If the State
Superintendent objects to an exemption, then the school
district shall implement the mandate in accordance with
the applicable law or rule by the first student attendance
day of the next school year.
If a school district or private school discontinues or
modifies a mandated activity due to lack of full funding
from the State, then the school district or private school
shall annually maintain and update a list of discontinued
or modified mandated activities. The list shall be
provided to the State Board of Education upon request and

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the General Assembly members representing the school
district of the impacted school or schools upon request.
(c) In any instances in which this Section conflicts
with the State Mandates Act, this Section shall prevail.
(II) This subsection (II) applies on and after July 1,
2031.
(a) No public school district or private school is
obligated to comply with the following types of mandates
unless a separate appropriation has been enacted into law
providing full funding for the mandate for the school year
during which the mandate is required:
(1) Any mandate in this Code enacted after August
20, 2010 (the effective date of Public Act 96-1441)
this amendatory Act of the 96th General Assembly.
(2) Any regulatory mandate promulgated by the
State Board of Education and adopted by rule after
August 20, 2010 (the effective date of Public Act
96-1441) this amendatory Act of the 96th General
Assembly other than those promulgated with respect to
this Section or statutes already enacted on or before
August 20, 2010 (the effective date of Public Act
96-1441) this amendatory Act of the 96th General
Assembly.
(b) If the amount appropriated to fund a mandate
described in paragraph subsection (a) of this subsection
(II) this Section does not fully fund the mandated

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activity, then the school district or private school may
choose to discontinue or modify the mandated activity to
ensure that the costs of compliance do not exceed the
funding received.
Before discontinuing or modifying the mandate, the
school district shall petition its regional superintendent
of schools on or before February 15 of each year to request
to be exempt from implementing the mandate in a school or
schools in the next school year. The petition shall
include all legitimate costs associated with implementing
and operating the mandate, the estimated reimbursement
from State and federal sources, and any unique
circumstances the school district can verify that exist
that would cause the implementation and operation of such
a mandate to be cost prohibitive.
The regional superintendent of schools shall review
the petition. In accordance with the Open Meetings Act, he
or she shall convene a public hearing to hear testimony
from the school district and interested community members.
The regional superintendent shall, on or before March 15
of each year, inform the school district of his or her
decision, along with the reasons why the exemption was
granted or denied, in writing. The regional superintendent
must also send notification to the State Board of
Education detailing which school districts requested an
exemption and the results.

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If the regional superintendent grants an exemption to
the school district, then the school district is relieved
from the requirement to establish and implement the
mandate in the school or schools granted an exemption for
the next school year. If the regional superintendent of
schools does not grant an exemption, then the school
district shall implement the mandate in accordance with
the applicable law or rule by the first student attendance
day of the next school year. However, the school district
or a resident of the school district may on or before April
15 appeal the decision of the regional superintendent to
the State Superintendent of Education. The State
Superintendent shall hear appeals on the decisions of
regional superintendents of schools no later than May 15
of each year. The State Superintendent shall make a final
decision at the conclusion of the hearing on the school
district's request for an exemption from the mandate. If
the State Superintendent grants an exemption, then the
school district is relieved from the requirement to
implement a mandate in the school or schools granted an
exemption for the next school year. If the State
Superintendent does not grant an exemption, then the
school district shall implement the mandate in accordance
with the applicable law or rule by the first student
attendance day of the next school year.
If a school district or private school discontinues or

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modifies a mandated activity due to lack of full funding
from the State, then the school district or private school
shall annually maintain and update a list of discontinued
or modified mandated activities. The list shall be
provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new
statutory or regulatory mandates related to revised
learning standards developed through the Common Core State
Standards Initiative and assessments developed to align
with those standards or actions specified in this State's
Phase 2 Race to the Top Grant application if the
application is approved by the United States Department of
Education or (ii) new statutory or regulatory mandates
from the Race to the Top Grant through the federal
American Recovery and Reinvestment Act of 2009 imposed on
school districts designated as being in the lowest
performing 5% of schools within the Race to the Top Grant
application.
(d) In any instances in which this Section conflicts
with the State Mandates Act, the State Mandates Act shall
prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
Section 99. Effective date. This Act takes effect July 1,
2021.