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Waivers and Modifications


revised December 2012

WAIVERS AND MODIFICATIONS OF THE SCHOOL CODE AND RULES OF THE STATE BOARD (105 ILCS 5/2-3.25G)



Legal notices required for waiver applications on all subjects

  1. Beginning January 1, 2013, all applicants for any type of waiver or modification must post a notice on the applicant's website at least 14 days in advance of the public hearing, stating the time, date, location and general subject matter of the hearing.
  2. The posting of such information on the applicant’s official website is in addition to the requirement to publish a notice of the public hearing in a newspaper of general circulation at least seven days prior to the hearing.
  3. In addition to 1 and 2, above, districts and other applicants applying to increase the fee charged for driver’s education (105 ILCS 5/27-24.2) must also publish the proposed amount of the fee as part of the website notice and the notice of public hearing placed in a local newspaper.
  4. All other public notice requirements that apply to the waiver process remain in effect (written notice of public hearing provided at least seven days in advance to applicant’s exclusive collective bargaining agent; advance written notice of public hearing provided to State legislators representing the territory of the applicant).

Additional requirements for districts seeking to contract out portions of driver’s education (23 Ill. Adm. Code 252.20(e))

  1. Beginning January 1, 2013, a district or other entity seeking a waiver of Part 252 of the State Board’s rules for contracting out of one or both portions of driver’s education must include the following information with its application:
  • Evidence that the commercial driving school (CDS) to be used by the district holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code; and
  • Evidence that each CDS instructor providing instruction to the applicant’s students holds a valid teaching certificate or educator license, as applicable, issued under the requirements of the School Code. Such evidence must include the instructor’s name; personal identification number; birth date; and driver’s license number.
  1. The requirements stated above do not apply to districts that contract out services for adaptive driver education under the provisions of 23 Ill. Adm. Code 252.20(f).

Additional requirements for districts with approved waivers to contract out portions of driver’s education

  1. Beginning January 1, 2013, districts with approved waivers to contract out either portion of driver’s education shall post a copy of the final contract between the district and commercial driving school (CDS) on the district’s website. Birth dates and driver’s license numbers for all CDS instructors included in the contract must be redacted from any public materials.
  2. Information on any changes in CDS personnel providing instruction to district students under the district’s contract must be reported by the district to the State Board of Education within 15 calendar days after an instructor leaves the program or after a new instructor is hired. This notification shall include: the name of the instructor; the instructor’s personal identification number; birth date; and driver’s license number.
  3. If the district has no website, then the district shall make the contract available upon request.
  4. A record of all materials relative to the application for the waiver, and the contract, must be maintained by the school district and made available to parents and guardians upon request. Personally identifying information on CDS instructors must be redacted (see #1 above).

Questions on these changes to the waiver law may be addressed to waivers@isbe.net or call Winnie Tuthill at (217) 782-5270.
Link to Public Act 97-1025:  http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-1025&GA=97    


Waivers and modifications no longer needed for legal school holiday requests, most parent-teacher conference schedules



Holiday modifications

Section 24-2 of the School Code provides that a school board or other eligible entity is authorized to hold school or schedule teachers’ institutes, parent-teacher conferences, or staff development activities (including school improvement and inservice training) on the following legal school holidays:

  • The birthday of Dr. Martin Luther King, Jr. (third Monday in January);
  • The birthday of President Abraham Lincoln (February 12);
  • The birthday of Casimir Pulaski (first Monday in March);
  • Columbus Day (second Monday in October); and
  • Veterans’ Day (November 11)* (see below)

The school board or other applicant is authorized to take these actions provided that (1) the person/persons honored by the holiday are recognized 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; and (2) the entity choosing to exercise this authority first holds a public hearing about the proposal. The school board or other applicant shall provide notice preceding the public hearing to both educators and parents, setting forth the time, date, and place of the hearing; describing the proposal; and indicating that testimony from educators and parents will be taken about the proposal during the public hearing. Again, there is no longer a need to then submit these materials to ISBE for approval.

* A school holding any kind of event at the school on November 11, Veterans’ Day, must include a moment of silence at that event to recognize veterans of foreign wars.  Public Act 96-0084.


Parent-teacher conference waivers

Section 18-8.05(F)(2)(d)(2) of the School Code allows a school district or other eligible entities to count as a full-day, parent-teacher conference, any of the following configurations:

  • A minimum of 5 clock-hours of parent-teacher conferences;

  • Both a minimum of 2 clock-hours of parent-teacher conferences held in the evening following a full day of student attendance, and a minimum of 3 clock-hours of parent-teacher conferences held on the day immediately following evening parent-teacher conferences; or

  • 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 5 clock-hours.

If an applicant wants to employ a full-day conference configuration not covered by the language above, the applicant will need to submit a waiver to the General Assembly for its consideration.

As a reminder, full-day parent-teacher conference days cannot be considered for computing average daily attendance.

If you have any questions contact the Rules and Waivers Division at (217) 782-5270 or by e-mail at waivers@isbe.net.