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Illinois House Bill HB1358

Illinois 2025-2026 Regular Session

Illinois House Bill HB1358 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1358 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.25g-5 new Amends the School Code. Creates the Waiver Process Task Force. Sets forth provisions concerning membership, meetings, and support services. Provides that the purposes of the Task Force are to examine the current waiver response process and make recommendations on a more equitable and fair waiver response at the elementary and secondary school levels in this State; develop and use metrics to access the viability of waiver requests and the impact of such requests on students in kindergarten through grade 12; promote training and professional development on creating waiver requests that include accountability measures for teachers and other community stakeholders across this State; identify and seek local, State, and national resources to support an equitable and fair waiver process; and complete such other strategies as may be identified by the Task Force. Provides that the Task Force shall make recommendations to the Governor and the General Assembly on how waivers should be requested, how waivers should be reviewed for approval, and how to demonstrate the ability to fulfill accountability measures proposed in requested waivers. Requires the Task Force to file a report with the Governor and the General Assembly on or before December 31, 2025. Effective immediately. LRB104 06331 LNS 16366 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1358 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.25g-5 new 105 ILCS 5/2-3.25g-5 new Amends the School Code. Creates the Waiver Process Task Force. Sets forth provisions concerning membership, meetings, and support services. Provides that the purposes of the Task Force are to examine the current waiver response process and make recommendations on a more equitable and fair waiver response at the elementary and secondary school levels in this State; develop and use metrics to access the viability of waiver requests and the impact of such requests on students in kindergarten through grade 12; promote training and professional development on creating waiver requests that include accountability measures for teachers and other community stakeholders across this State; identify and seek local, State, and national resources to support an equitable and fair waiver process; and complete such other strategies as may be identified by the Task Force. Provides that the Task Force shall make recommendations to the Governor and the General Assembly on how waivers should be requested, how waivers should be reviewed for approval, and how to demonstrate the ability to fulfill accountability measures proposed in requested waivers. Requires the Task Force to file a report with the Governor and the General Assembly on or before December 31, 2025. Effective immediately. LRB104 06331 LNS 16366 b LRB104 06331 LNS 16366 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1358 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
3+105 ILCS 5/2-3.25g-5 new 105 ILCS 5/2-3.25g-5 new
4+105 ILCS 5/2-3.25g-5 new
5+Amends the School Code. Creates the Waiver Process Task Force. Sets forth provisions concerning membership, meetings, and support services. Provides that the purposes of the Task Force are to examine the current waiver response process and make recommendations on a more equitable and fair waiver response at the elementary and secondary school levels in this State; develop and use metrics to access the viability of waiver requests and the impact of such requests on students in kindergarten through grade 12; promote training and professional development on creating waiver requests that include accountability measures for teachers and other community stakeholders across this State; identify and seek local, State, and national resources to support an equitable and fair waiver process; and complete such other strategies as may be identified by the Task Force. Provides that the Task Force shall make recommendations to the Governor and the General Assembly on how waivers should be requested, how waivers should be reviewed for approval, and how to demonstrate the ability to fulfill accountability measures proposed in requested waivers. Requires the Task Force to file a report with the Governor and the General Assembly on or before December 31, 2025. Effective immediately.
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311 1 AN ACT concerning education.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The School Code is amended by changing Section
7-5 2-3.25g as follows:
8-6 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
9-7 Sec. 2-3.25g. Waiver or modification of mandates within
10-8 the School Code and administrative rules and regulations.
11-9 (a) In this Section:
12-10 "Board" means a school board or the governing board or
13-11 administrative district, as the case may be, for a joint
14-12 agreement.
15-13 "Eligible applicant" means a school district, joint
16-14 agreement made up of school districts, or regional
17-15 superintendent of schools on behalf of schools and
18-16 programs operated by the regional office of education.
19-17 "Implementation date" has the meaning set forth in
20-18 Section 24A-2.5 of this Code.
21-19 "State Board" means the State Board of Education.
22-20 (b) Notwithstanding any other provisions of this School
23-21 Code or any other law of this State to the contrary, eligible
24-22 applicants may petition the State Board of Education for the
25-23 waiver or modification of the mandates of this School Code or
14+4 Section 5. The School Code is amended by adding Section
15+5 2-3.25g-5 as follows:
16+6 (105 ILCS 5/2-3.25g-5 new)
17+7 Sec. 2-3.25g-5. Waiver Process Task Force.
18+8 (a) The Waiver Process Task Force is created. The Task
19+9 Force shall consist of the following voting members:
20+10 (1) a member of the General Assembly, appointed by the
21+11 Speaker of the House of Representatives;
22+12 (2) a member of the General Assembly, appointed by the
23+13 Minority Leader of the House of Representatives;
24+14 (3) a member of the General Assembly, appointed by the
25+15 President of the Senate;
26+16 (4) a member of the General Assembly, appointed by the
27+17 Minority Leader of the Senate;
28+18 (5) the Lieutenant Governor or his or her designee;
29+19 (6) the State Superintendent of Education or his or
30+20 her designee, who shall serve as a co-chairperson of the
31+21 Task Force;
32+22 (7) the Director of Public Health or his or her
33+23 designee, who shall serve as a co-chairperson of the Task
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34-1 of the administrative rules and regulations promulgated by the
35-2 State Board of Education. Waivers or modifications of
36-3 administrative rules and regulations and modifications of
37-4 mandates of this School Code may be requested when an eligible
38-5 applicant demonstrates that it can address the intent of the
39-6 rule or mandate in a more effective, efficient, or economical
40-7 manner or when necessary to stimulate innovation or improve
41-8 student performance. Waivers of mandates of the School Code
42-9 may be requested when the waivers are necessary to stimulate
43-10 innovation or improve student performance or when the
44-11 applicant demonstrates that it can address the intent of the
45-12 mandate of the School Code in a more effective, efficient, or
46-13 economical manner. Waivers may not be requested from laws,
47-14 rules, and regulations pertaining to special education,
48-15 teacher educator licensure, teacher tenure and seniority, or
49-16 Section 5-2.1 of this Code or from compliance with the Every
50-17 Student Succeeds Act (Public Law 114-95). Eligible applicants
51-18 may not seek a waiver or seek a modification of a mandate
52-19 regarding the requirements for (i) student performance data to
53-20 be a significant factor in teacher or principal evaluations or
54-21 (ii) teachers and principals to be rated using the 4
55-22 categories of "excellent", "proficient", "needs improvement",
56-23 or "unsatisfactory". On September 1, 2014, any previously
57-24 authorized waiver or modification from such requirements shall
58-25 terminate.
59-26 (c) Eligible applicants, as a matter of inherent
37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1358 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
38+105 ILCS 5/2-3.25g-5 new 105 ILCS 5/2-3.25g-5 new
39+105 ILCS 5/2-3.25g-5 new
40+Amends the School Code. Creates the Waiver Process Task Force. Sets forth provisions concerning membership, meetings, and support services. Provides that the purposes of the Task Force are to examine the current waiver response process and make recommendations on a more equitable and fair waiver response at the elementary and secondary school levels in this State; develop and use metrics to access the viability of waiver requests and the impact of such requests on students in kindergarten through grade 12; promote training and professional development on creating waiver requests that include accountability measures for teachers and other community stakeholders across this State; identify and seek local, State, and national resources to support an equitable and fair waiver process; and complete such other strategies as may be identified by the Task Force. Provides that the Task Force shall make recommendations to the Governor and the General Assembly on how waivers should be requested, how waivers should be reviewed for approval, and how to demonstrate the ability to fulfill accountability measures proposed in requested waivers. Requires the Task Force to file a report with the Governor and the General Assembly on or before December 31, 2025. Effective immediately.
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43+A BILL FOR
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70-1 managerial policy, and any Independent Authority established
71-2 under Section 2-3.25f-5 of this Code may submit an application
72-3 for a waiver or modification authorized under this Section.
73-4 Each application must include a written request by the
74-5 eligible applicant or Independent Authority and must
75-6 demonstrate that the intent of the mandate can be addressed in
76-7 a more effective, efficient, or economical manner or be based
77-8 upon a specific plan for improved student performance and
78-9 school improvement. Any eligible applicant requesting a waiver
79-10 or modification for the reason that intent of the mandate can
80-11 be addressed in a more economical manner shall include in the
81-12 application a fiscal analysis showing current expenditures on
82-13 the mandate and projected savings resulting from the waiver or
83-14 modification. Applications and plans developed by eligible
84-15 applicants must be approved by the board or regional
85-16 superintendent of schools applying on behalf of schools or
86-17 programs operated by the regional office of education
87-18 following a public hearing on the application and plan and the
88-19 opportunity for the board or regional superintendent to hear
89-20 testimony from staff directly involved in its implementation,
90-21 parents, and students. The time period for such testimony
91-22 shall be separate from the time period established by the
92-23 eligible applicant for public comment on other matters.
93-24 (c-5) If the applicant is a school district, then the
94-25 district shall post information that sets forth the time,
95-26 date, place, and general subject matter of the public hearing
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106-1 on its Internet website at least 14 days prior to the hearing.
107-2 If the district is requesting to increase the fee charged for
108-3 driver education authorized pursuant to Section 27-24.2 of
109-4 this Code, the website information shall include the proposed
110-5 amount of the fee the district will request. All school
111-6 districts must publish a notice of the public hearing at least
112-7 7 days prior to the hearing on all social media accounts
113-8 maintained and operated by in a newspaper of general
114-9 circulation within the school district, if available, that
115-10 sets forth the time, date, place, and general subject matter
116-11 of the hearing. If no social media account exists, a school
117-12 district must publish a notice of the public hearing at least 7
118-13 days prior to the hearing in a newspaper of general
119-14 circulation within the school district that sets forth the
120-15 time, date, place, and general subject matter of the hearing.
121-16 Districts requesting to increase the fee charged for driver
122-17 education shall include in the public published notice the
123-18 proposed amount of the fee the district will request. If the
124-19 applicant is a joint agreement or regional superintendent,
125-20 then the joint agreement or regional superintendent shall post
126-21 information that sets forth the time, date, place, and general
127-22 subject matter of the public hearing on its Internet website
128-23 at least 14 days prior to the hearing. If the joint agreement
129-24 or regional superintendent is requesting to increase the fee
130-25 charged for driver education authorized pursuant to Section
131-26 27-24.2 of this Code, the website information shall include
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68+1 Force;
69+2 (8) the Chief Executive Officer of City of Chicago
70+3 School District 299, appointed by the Chicago Board of
71+4 Education;
72+5 (9) 2 representatives from a statewide organization
73+6 representing health, physical education, recreation, and
74+7 dance, appointed by the head of that organization, of
75+8 which one representative is a current teacher and one is a
76+9 retired teacher;
77+10 (10) a representative of City of Chicago School
78+11 District 299, appointed by the Chicago Board of Education;
79+12 (11) 2 representatives of a statewide professional
80+13 teachers' organization, appointed by the head of that
81+14 organization;
82+15 (12) 2 representatives of a statewide professional
83+16 teachers' organization other than the statewide
84+17 professional teachers' organization in paragraph (11),
85+18 appointed by the head of that organization;
86+19 (13) a representative of an organization representing
87+20 professional teachers in a city having a population of
88+21 more than 500,000, appointed by the head of that
89+22 organization;
90+23 (14) a representative of a statewide organization
91+24 representing principals, appointed by the head of that
92+25 organization;
93+26 (15) a representative of a statewide organization
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142-1 the proposed amount of the fee the applicant will request. All
143-2 joint agreements and regional superintendents must publish a
144-3 notice of the public hearing at least 7 days prior to the
145-4 hearing on all social media accounts maintained and operated
146-5 by in a newspaper of general circulation in each school
147-6 district that is a member of the joint agreement or that is
148-7 served by the educational service region that sets forth the
149-8 time, date, place, and general subject matter of the hearing
150-9 If no social media account exists, all joint agreements and
151-10 regional superintendents must publish a notice of the public
152-11 hearing at least 7 days prior to the hearing in a newspaper of
153-12 general circulation in each school district that is a member
154-13 of the joint agreement or that is served by the educational
155-14 service region that sets forth the time, date, place, and
156-15 general subject matter of the hearing, provided that a notice
157-16 appearing in a newspaper generally circulated in more than one
158-17 school district shall be deemed to fulfill this requirement
159-18 with respect to all of the affected districts. Joint
160-19 agreements or regional superintendents requesting to increase
161-20 the fee charged for driver education shall include in the
162-21 public published notice the proposed amount of the fee the
163-22 applicant will request. The eligible applicant must notify
164-23 either electronically or in writing the affected exclusive
165-24 collective bargaining agent and those State legislators
166-25 representing the eligible applicant's territory of its intent
167-26 to seek approval of a waiver or modification and of the hearing
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104+1 representing school administrators, appointed by the head
105+2 of that organization;
106+3 (16) a representative of a statewide organization
107+4 representing school boards, appointed by the head of that
108+5 organization;
109+6 (17) a representative of a statewide organization
110+7 representing school business officials, appointed by the
111+8 head of that organization;
112+9 (18) a representative of a statewide organization
113+10 representing parents, appointed by the head of that
114+11 organization;
115+12 (19) a representative of a national research and
116+13 advocacy organization focused on cardiovascular health and
117+14 wellness, appointed by the head of that organization;
118+15 (20) a representative of an organization that
119+16 advocates for healthy school environments, appointed by
120+17 the head of that organization;
121+18 (21) a representative of a not-for-profit organization
122+19 serving children and youth, appointed by the head of that
123+20 organization;
124+21 (22) a representative of a not-for-profit organization
125+22 that partners to promote prevention and improve public
126+23 health systems that maximize the health and quality of
127+24 life of the people of this State, appointed by the head of
128+25 that organization;
129+26 (23) a representative of a statewide organization
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178-1 to be held to take testimony from staff. If the eligible
179-2 applicant does not have a collective bargaining agreement with
180-3 a unit, as defined in Section 6 of the Illinois Public Labor
181-4 Relations Act, this notification requirement is waived. The
182-5 affected exclusive collective bargaining agents shall be
183-6 notified of such public hearing at least 7 days prior to the
184-7 date of the hearing and shall be allowed to attend such public
185-8 hearing. The eligible applicant shall attest to compliance
186-9 with all of the notification and procedural requirements set
187-10 forth in this Section. No waiver of the right to notification
188-11 of the collective bargaining unit representing the eligible
189-12 applicant's territory is permitted.
190-13 (d) A request for a waiver or modification of
191-14 administrative rules and regulations or for a modification of
192-15 mandates contained in this School Code shall be submitted to
193-16 the State Board of Education within 15 days after approval by
194-17 the board or regional superintendent of schools. The
195-18 application as submitted to the State Board of Education shall
196-19 include a description of the public hearing. Following receipt
197-20 of the waiver or modification request, the State Board shall
198-21 have 45 days to review the application and request. If the
199-22 State Board fails to disapprove the application within that
200-23 45-day period, the waiver or modification shall be deemed
201-24 granted. The State Board may disapprove any request if it is
202-25 not based upon sound educational practices, endangers the
203-26 health or safety of students or staff, compromises equal
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140+1 representing driver education and safety, appointed by the
141+2 head of that organization;
142+3 (24) a representative of a statewide organization
143+4 representing adapted physical education, appointed by the
144+5 head of that organization;
145+6 (25) a representative of a statewide organization
146+7 representing health education, appointed by the head of
147+8 that organization; and
148+9 (26) a representative from a regional office of
149+10 education, appointed by the State Superintendent of
150+11 Education.
151+12 Additional members may be appointed to the Task Force with
152+13 the approval of the co-chairpersons. All members of the Task
153+14 Force shall serve without compensation.
154+15 (b) The Task Force shall meet at the call of the
155+16 co-chairpersons, with the initial meeting of the Task Force
156+17 being held as soon as possible after the effective date of this
157+18 amendatory Act of the 104th General Assembly.
158+19 (c) The State Board of Education and the Department of
159+20 Public Health shall provide assistance and necessary staff
160+21 support services to the Task Force.
161+22 (d) The purposes of the Task Force are to:
162+23 (1) examine the current waiver response process and
163+24 make recommendations on a more equitable and fair waiver
164+25 response at the elementary and secondary school levels in
165+26 this State, including educating and promoting leadership
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214-1 opportunities for learning, or fails to demonstrate that the
215-2 intent of the rule or mandate can be addressed in a more
216-3 effective, efficient, or economical manner or have improved
217-4 student performance as a primary goal. Any request disapproved
218-5 by the State Board may be appealed to the General Assembly by
219-6 the eligible applicant as outlined in this Section.
220-7 A request for a waiver from mandates contained in this
221-8 School Code shall be submitted to the State Board within 15
222-9 days after approval by the board or regional superintendent of
223-10 schools. The application as submitted to the State Board of
224-11 Education shall include a description of the public hearing.
225-12 The description shall include, but need not be limited to, the
226-13 means of notice, the number of people in attendance, the
227-14 number of people who spoke as proponents or opponents of the
228-15 waiver, a brief description of their comments, and whether
229-16 there were any written statements submitted. Verification of
230-17 the publication of the notice of hearing that is posted on an
231-18 applicant's Internet website as provided in subsection (c-5)
232-19 must include an image or screen shot of the post with the date,
233-20 time and URL present. If the notice of hearing was published in
234-21 a newspaper of general circulation as provided in subsection
235-22 (c-5), the applicant must provide a copy of the newspaper
236-23 posting or certificate of publication provided by the
237-24 newspaper. The State Board shall review the applications and
238-25 requests for completeness and shall compile the requests in
239-26 reports to be filed with the General Assembly. The State Board
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176+1 on the waiver response process among school districts and
177+2 school officials;
178+3 (2) develop and use metrics to access the viability of
179+4 waiver requests and the impact of such requests on
180+5 students in kindergarten through grade 12;
181+6 (3) promote training and professional development on
182+7 creating waiver requests that include accountability
183+8 measures for teachers and other community stakeholders
184+9 across this State;
185+10 (4) identify and seek local, State, and national
186+11 resources to support an equitable and fair waiver process;
187+12 and
188+13 (5) complete such other strategies as may be
189+14 identified by the Task Force.
190+15 (e) The Task Force shall make recommendations to the
191+16 Governor and the General Assembly on how waivers should be
192+17 requested, how waivers should be reviewed for approval, and
193+18 how to demonstrate the ability to fulfill accountability
194+19 measures proposed in requested waivers. The Task Force shall
195+20 focus on updating the waiver request process, the waiver
196+21 acceptance or denial process, and ways to hold waiver
197+22 applicants accountable for meeting the stated goals of
198+23 waivers.
199+24 (f) On or before December 31, 2025, the Task Force must
200+25 report its recommendations by filing copies of its report with
201+26 the Governor and the General Assembly. Upon filing its report,
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250-1 shall file reports outlining the waivers requested by eligible
251-2 applicants and appeals by eligible applicants of requests
252-3 disapproved by the State Board with the Senate and the House of
253-4 Representatives before each March 1 and October 1.
254-5 The report shall be reviewed by a panel of 4 members
255-6 consisting of:
256-7 (1) the Speaker of the House of Representatives;
257-8 (2) the Minority Leader of the House of
258-9 Representatives;
259-10 (3) the President of the Senate; and
260-11 (4) the Minority Leader of the Senate.
261-12 The State Board of Education may provide the panel
262-13 recommendations on waiver requests. The members of the panel
263-14 shall review the report submitted by the State Board of
264-15 Education and submit to the State Board of Education any
265-16 notice of further consideration to any waiver request within
266-17 14 days after the member receives the report. If 3 or more of
267-18 the panel members submit a notice of further consideration to
268-19 any waiver request contained within the report, the State
269-20 Board of Education shall submit the waiver request to the
270-21 General Assembly for consideration. If less than 3 panel
271-22 members submit a notice of further consideration to a waiver
272-23 request, the waiver may be approved, denied, or modified by
273-24 the State Board. If the State Board does not act on a waiver
274-25 request within 10 days, then the waiver request is approved.
275-26 If the waiver request is denied by the State Board, it shall
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212+1 the Task Force is dissolved.
213+2 (g) This Section is repealed on January 1, 2027.
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286-1 submit the waiver request to the General Assembly for
287-2 consideration.
288-3 The General Assembly may disapprove any waiver request
289-4 submitted to the General Assembly pursuant to this subsection
290-5 (d) in whole or in part within 60 calendar days after each
291-6 house of the General Assembly next convenes after the waiver
292-7 request is submitted by adoption of a resolution by a record
293-8 vote of the majority of members elected in each house. If the
294-9 General Assembly fails to take action on any waiver request
295-10 that was disapproved disapprove any waiver request or appealed
296-11 request within such 60-day period, the waiver or modification
297-12 shall be deemed denied granted. Any resolution adopted by the
298-13 General Assembly disapproving a report of the State Board in
299-14 whole or in part shall be binding on the State Board.
300-15 (e) An approved waiver or modification may remain in
301-16 effect for a period not to exceed 5 school years and may be
302-17 renewed upon application by the eligible applicant for no more
303-18 than 2 renewal periods. However, an approved waiver of or
304-19 modification to a physical education mandate may remain in
305-20 effect for a period not to exceed 3 school years and may not be
306-21 renewed. Once a waiver or modification has been approved, no
307-22 changes may be made to the approved waiver or modification
308-23 during the term of the waiver or modification. A waiver or
309-24 modification that has been approved may be rescinded by the
310-25 entity that applied for the waiver or modification by
311-26 providing written notice to the State Board of Education. The
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322-1 notice of recession must state the date the recession is
323-2 effective. However, such waiver or modification may be changed
324-3 within that 5-year period by a board or regional
325-4 superintendent of schools applying on behalf of schools or
326-5 programs operated by the regional office of education
327-6 following the procedure as set forth in this Section for the
328-7 initial waiver or modification request. If neither the State
329-8 Board of Education nor the General Assembly disapproves, the
330-9 change is deemed granted.
331-10 (f) (Blank).
332-11 (Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19;
333-12 101-81, eff. 7-12-19.)
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