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Requests for waivers and modifications can be submitted only after the applicant has held a public hearing. The hearing may be held in conjunction with a regularly scheduled meeting so long as a separate time period is provided to take testimony on the waiver or modification request.
All applicants must provide proper notice of the hearing through the following public notices, all of which must state the time, date, location and general subject matter of the hearing.
- For all applicants, a notice must be posted on the applicant's official website at least 14 days in advance of the hearing. Posting must state the time, date, location and general subject matter of the hearing.
- For school districts, a notice must be published in a newspaper of general circulation within the school district at least seven days in advance of the hearing. For joint agreements, ISCs or regional superintendents, a notice must be published in a newspaper of general circulation in each school district that is a member of the joint agreement or that is served by the regional office of education or intermediate service region, provided that a notice in a newspaper generally circulated in more than one school district shall be considered sufficient notice to all of the affected districts. The notice must be published at least seven days in advance of the hearing.
- For all applicants, a written notice must be addressed and provided to the applicant’s exclusive collective bargaining agents at least seven days in advance of the hearing; this notice must also state that testimony will be taken from staff.
- For all applicants, written advance notices must be addressed and provided to the state legislators representing the applicant’s territory.
Please note that the public hearing held to consider waiver applications must conform to the requirements of the Open Meetings Act (5 ILCS 120/1).
The law (105 ILCS 5/2-3.25g), administrative rules (23 Ill. Adm. Code 1.100) and overview further explain the process. All completed applications – which must include copies of the notice published on the applicant’s website; the notice published in the newspaper; and the notices provided to the applicant’s bargaining agent and state legislators (showing all notices met the required timeline of either 14 days in advance [website] or seven days in advance [all others]) – must be mailed to the address on the application by certified mail, return receipt requested. Please keep a copy of your application package before mailing it to the State Board of Education.