2:020-E1 Waiver and Modification Request Resource Guide
|Waiver or Modification||Explanation, Special Considerations, and Resources|
|Exemptions from Unfunded Mandates, 105 ILCS 5/22- 60.||Explanation
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.
|School Code Mandates and ISBE Rules 105 ILCS 5/2-3.25g, amended by P.A. 100-465; 23 Ill. Admin Code 1.00(a)||Explanation
There are two options for the District:
Option 1: Petition a panel of the General Assembly through ISBE for a waiver of School Code mandates.
Option 2: Petition ISBE for one or more of the following:
For Option 1, a waiver of mandates in the School Code, the District must demonstrate that: (a) the waiver is necessary to stimulate innovation or improve student performance; or (b) can address the intent of the mandate in a more effective, efficient, or economical manner. Section 2-3.25g of the School Code. amended by p.A. 100-465, lists mandates from which school districts may not seek a waiver or modification. Any previously authorized waiver or modification concerning requirements for student performance data to be a significant factor in evaluations or for using the four prescribed evaluation categories terminated on 9-1-2014. (Id.)
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) a waiver or modification of the rule or mandate is necessary to either (a) stimulate innovation or (b) improve student performance.
The District must also provide certain notices as follows:
Check the ISBE website listed below in the Special Considerations section for changes in notice requirements.
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.
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:
|Physical Education, 105 ILCS 5/27-6.
See the Explanation section in the row above.
In addition to the Explanation section above, waivers for:
See the Resources section in the row above.
|Holidays105 ILCS 5/24-2(b)||Explanation
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 (the Birthday of Dr. Martin Luther King, Jr.);
2. February 12 (the Birthday of President Abraham Lincoln);
3. The first Monday in March (known as Casimir Pulaski’s Birthday);
4. The second Monday in October (Columbus Day); and/or
5. November 11 (Veterans’ Day).
The Board must provide notice before the public hearing to both educators and parents 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 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 6:020, School Year Calendar and Day.
See Holiday Modifications on ISBE’s website at: www.isbe.net/Pages/Modifications-of-the-School-Codes-and-Rules-of-the-State-Board.aspx
|Parent-Teacher Conference Waivers, 105 ILCS 5/18-8.05(F)(2)(d) Section 5/18-8.05(f)(2)(d)(1.5) specifically addresses Parent-Teacher Conferences.||Explanation
Allows flexible scheduling options for parent-teacher conferences without the need to submit a formal waiver request through ISBE to the General Assembly. The District may count as a full-day, parent-teacher conference, any of the following configurations:
Any other options not covered by the language above will require a waiver request to the General Assembly for its consideration.
See Parent-Teacher Conference Waivers on ISBE’s website at: www.isbe.net/Pages/Modifications-of-the-School-Codes-and-Rules-of-the-State-Board.aspx .
Date Adopted: July 25, 2015
Date Amended: January 23, 2018