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School Board Journal
November / December 1995
January / February 1996

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Legislature affirms waiver policy
By JOSEPH A. SPAGNOLO

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The State Board of Education and the General Assembly have acted on 115 waiver petitions submitted during the first round of a new waiver law. As a result, nearly 90 percent of waivers requested by schools have been approved. This approval rate sends a strong signal that both the legislature and the State Board of Education support local efforts to find new ways to improve schools.

Last February the General Assembly approved Senate Bill 22 which allows school districts to submit petitions to waive or modify laws within the School Code or State Board of Education rules and regulations. The only areas exempt from waivers are laws and rules pertaining to special education, teacher certification, or teacher tenure and seniority. Shortly after the new law became effective, the State Board of Education developed a one-page application form to assist districts in submitting petitions.

In October and May of each year, the State Board of Education is required to submit to the legislature a report which summarizes the waivers submitted by school districts. The State Board is empowered to approve waivers of rules and "modifications" of both rules and laws. Waivers of laws must be forwarded to the legislature. The difference between a modification and a waiver centers upon the district's intent. In a modification, the district intends to meet the purpose of the law or regulation, but has proposed a different way or method to do so. A waiver focuses upon the district's intent to completely disregard the law or rule.

The State Board of Education received 115 petitions during the first round of waivers which ended on August 31. Thirty-nine of those petitions were approved by the State Board as modifications of either rules or laws, and 61 petitions were sent to the legislature as waivers of state law. Five petitions were withdrawn by districts and ten petitions were returned to districts because they addressed subjects excluded by the new law. School district petitions addressed 31 different subject areas. One-third of the petitions submitted addressed the area of physical education.

Sixty-one petitions were forwarded to the legislature as waivers of state law. Only 13 petitions were disapproved: two petitions to reinstitute corporal punishment, two petitions regarding the installation of school building sprinkler systems, a petition to change the fiscal year for the Chicago Board of Education, two petitions to reduce the daily five-hour instructional time period for claiming general state aid, one petition to change the voting requirements for consolidation, and five petitions governing the school accountability process.

The State Board of Education will submit its next waiver report to the General Assembly by May 1, 1996.

The report will contain a summary of waiver petitions received through March 1, 1996. For more information regarding the waiver law, please contact Richard Basden, Division Administrator, Quality Review and School Accreditation, at 217/782-2948.

Joseph A. Spagnolo is Illinois State Superintendent of Education.