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 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).

 Driver's Education

Beginning August 31, 2017 and pursuant to Public Act 100-465, a school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education if the school district approves the action during a public hearing on whether to enter into a contract with a commercial driver training school. The public hearing shall be held at a regular or special school board meeting prior to entering into such a contract. If a school district chooses to approve a contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that:

  • the commercial driver training school with which it will contract holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code and;
  • that each instructor employed by the commercial driver training school to provide instruction to students served by the school district holds a valid teaching license issued under the requirements of this Code and rules of the State Board of Education. Such evidence must include, but need not be limited to, a list of each instructor assigned to teach students served by the school district, which list shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number.

Once the contract is entered into, the school district shall notify the State Board of Education of any changes in the personnel providing instruction either

  1. within 15 calendar days after an instructor leaves the program or
  2. before a new instructor is hired.

Such notification shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. If the school district maintains an Internet website, then the district shall post a copy of the final contract between the district and the commercial driver training school on the district's Internet website. If no Internet website exists, then the school district shall make available the contract upon request. A record of all materials in relation to the contract must be maintained by the school district and made available to parents and guardians upon request. The instructor's date of birth and driver's license number and any other personally identifying information as deemed by the federal Driver's Privacy Protection Act of 1994 must be redacted from any public materials.

 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 Division of Regulatory Support at (217) 782-5270 or by e-mail at waivers@isbe.net

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