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Requests for Waiver

The Application is created in Adobe Acrobat PDF format - please visit the link to download the most current version of Adobe Reader.

• Application Form and Instructions(2 Pages)​

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.

1. For all applicants, a notice must be posted on the applicant's official website at least 14 days in advance of the hearing. The posting must state the time, date, location, and general subject matter of the hearing.
2. For school districts, a notice must be published in a newspaper of general circulation within the school district at least 7 days in advance of the hearing. For joint agreements, ISCs or regional superintendents, a notice must be published at least 7 days in advance of the hearing 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 state the time, date, location, and general subject matter of the hearing.
3. For all applicants, a written notice must be addressed and provided to the applicant's exclusive collective bargaining agents, if applicable, at least 7 days in advance of the hearing. The notice must state the time, date, location, and general subject matter of the hearing, and that testimony will be taken from staff.
4. For all applicants, written advance notices must be addressed and provided to the state legislators representing the applicant's territory at least 7 days in advance of the hearing. The notice must state the time, date, location, and general subject matter of the hearing, and that testimony will be taken.

Failure to publish sufficient notice or to properly notify any of the above-mentioned entities may result in the applicant's waiver application being deemed incomplete and may result in the need to resubmit a new application. ​

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.​

Application Checklist

​All applicants – school districts, joint agreements, ISCs and regional superintendents of schools -- must hold a public hearing prior to submission of the application. Before beginning:

• Identify a date for the public hearing. You will need to provide for a time to take testimony about the request that is separate from the time when any other business is being conducted or testimony on other matters is being heard.
• 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).
• Provide notices to inform the public and others of the hearing date as outlined in #1-4 above. Each notice must state the time, date, location and general subject matter of the hearing. Applicants for waivers of the fee to be charged for driver’s education must include the proposed amount of the fee in all public notices.​
  
• Provide the correct citation or language of the School Code mandate(s) or administrative rules that are the subject of the request.
• Provide a rationale identifying and justifying the specific request.
  • For modifications of the School Code or for waivers or modifications of administrative rules, complete either item (4)(a) or item (4)(b) on the application.
  • For waivers of School Code mandates, complete either item (4)(a) or item (4)(b) on the application.
  • For waivers of Section 17-1.5 of the School Code (administrative cost limitations), complete both items (4)(b) and (4)(c).
• Provide the following information on the public hearing:
  • the number of people in attendance,
  • the number of people who spoke as proponents or opponents of the waiver or modification,
  • a brief description of any comments made, and
  • whether any written statements were submitted at the hearing.
• Indicate the proposed duration of the request. Approval can be granted for no more than five years, except that administrative cost limitation requests are approved only for the year in which relief is requested (i.e., for one year only).
• State the date of the public hearing held to consider the request and any plan for improved student performance and school improvement.
• Attach copies of: the notice posted on the applicant’s official website at least 14 days in advance of the public hearing (provide a screenshot that includes the date and timestamp of the web posting); the notice published in a newspaper of general circulation at least seven (7) days in advance of the public hearing; a copy of the dated written notices addressed and provided at least seven (7) days in advance of the public hearing to the affected exclusive collective bargaining agents; and copies of the dated written notices addressed and provided in advance to the applicant’s state legislators (senator(s) and representative(s)).
• The application is signed and dated by the district superintendent, if the applicant is a school district, or by the authorized official in the case of other eligible applicants.
• Keep a copy of all materials for your records.

If you have trouble downloading the application form please contact the Department of Legislative Affairs​ at:

Department of​ Legislative Affairs
100 North First Street, S-404​
Springfield, Illinois 62777-0001
Phone: (217) 782-6510
e-mail: Waivers@isbe.net​​​​​​

The following describes in a question-and answer format how an eligible applicant can seek a waiver or modification of mandates contained in the School Code or in the State Board of Education's administrative rules (see for a complete list of administrative rules). Click on a question to view the answer.​​​​

Who is eligible to apply?

• School districts.
• Independent authorities authorized under Section 2-3.25f of the School Code are eligible to apply. (NOTE: Independent authorities are entities appointed by the State Superintendent when a district fails to perform under certain conditions as specified in law.)
• Joint agreements made up of member school districts, such as special education or vocational education cooperatives, may apply on behalf of their member school districts.
• Regional Superintendents of Schools may apply on behalf of schools and programs that they operate.
• Intermediate Service Centers (ISCs) that operate alternative schools established pursuant to Article 13A of the School Code (i.e., the Safe Schools Law) may apply for waivers or modifications on behalf of only those alternative schools.​
  

What can applicants do?

• Eligible entities may petition the State Board of Education for approval of waivers or modifications of State Board of Education rules or modifications of School Code mandates for the following reasons only:
  • to meet the intent of the mandate in a more effective, efficient, or economical manner; or
  • to stimulate innovation; or
    
  • to improve student performance.
• Eligible entities may petition the State Board of Education for General Assembly approval of waivers of School Code mandates for the following reasons only:
  • to meet the intent of the mandate in a more effective, efficient, or economical manner; or
  • to stimulate innovation, or
  • to improve student performance.
• Applicants seeking waivers from Section 17-1.5 of the School Code (105 ILCS 5/17-1.5) pertaining to administrative expenditure limitations can only do so when the circumstances for exceeding the cap are beyond the control of the district and when the district has exhausted all available remedies to comply with the law. The waiver application also must specify the amount, nature, and reason for the relief requested, as well as all the remedies the district has exhausted in its attempt to comply with the 5 percent limitation.
• Waivers cannot be requested from laws or rules pertaining to:
  • special education,
  • teacher certification,
  • teacher tenure and seniority,
  • compliance with the Every Student Succeeds Act, or
    
  • township treasurers (105 ILCS 5/5-2.1).
  • In addition, after the applicable implementation date, eligible applicants may not seek a waiver or a modification of a mandate regarding the following requirements for the evaluation of certified employees (105 ILCS 5/24A-2.5), (24A-5)​

How are applications approved or denied?

If the State Board determines that an application for waiver or modification of rules or a modification of law cannot be approved, then it must notify the applicant within 45 calendar days following the date the application was received. If no action is taken within that time frame, then the application will be deemed granted.

• Applications are sent to the Department of Governmental Relations​, which determines whether the application is complete (i.e., appropriate citation and rationale provided, public hearing held and described, notices included with the application). Action is not taken on applications deemed to be incomplete, and the 45-day response time does not begin until the applicant submits the additional materials necessary to complete the application that State Board of Education staff have requested.
  
• If the recommendation is to approve a request for a waiver or modification of rules or modification of a School Code mandate, then the district receives written notification (via e-mail) informing it of the State Board of Education's approval.​
  
• If the request is for a waiver of a School Code mandate, then the district receives written notification (via e-mail) that the request will be forwarded in the next scheduled report to the General Assembly for its consideration.

The State Board of Education may deny applications for waivers or modifications of rules or a modification of a School Code mandate for the following reasons:

• the request is not based upon sound educational practices;
• the requested action would endanger the health or safety of students or staff;
• the requested action would compromise equal opportunities for learning;
• the request does not address the intent of the rule or mandate in a more effective, efficient or economical manner; or
• the request does not have improved student performance as a primary goal.

Applications for General Assembly approval of waivers of School Code mandates are reviewed for completeness and submitted in a report to the General Assembly before March 1 and October 1 of each year.

The report is reviewed by a panel of 4 members consisting of the Speaker of the House of Representatives; the Minority Leader of the House of Representatives; the President of the Senate; and the Minority Leader of the Senate. The members of the panel submit to the State Board of Education any notice of further consideration to any waiver request within 14 days after the member receives the report. If 3 or more of the panel members submit a notice of further consideration to any waiver request contained within the report, the State Board of Education shall submit the waiver request to the General Assembly for consideration. If less than 3 panel members submit a notice of further consideration to a waiver request, the waiver may be approved, denied, or modified by the State Board. If the State Board does not act on a waiver request within 10 days, then the waiver request is approved. If the waiver request is denied by the State Board, it shall submit the waiver request to the General Assembly for consideration.

The General Assembly may disapprove any waiver request submitted to the General Assembly pursuant to this subsection (d) the report of the State Board in whole or in part within 60 calendar days after each house of the General Assembly next convenes after the waiver request is submitted report is filed by adoption of a resolution by a record vote of the majority of members elected in each house. If the General Assembly fails to disapprove any waiver request or appealed request within such 60 day period, the waiver or modification shall be deemed granted. Any resolution adopted by the General Assembly disapproving a report of the State Board in whole or in part shall be binding on the State Board.

Can denials of waivers or modifications be appealed?

A decision by the State Board of Education to deny a waiver or modification of agency rules or modification of a School Code mandate may be appealed to the Ge​neral Assembly.

The applicant must notify the State Board of Education in writing within 30 calendar days after receiving the denial letter that it wishes to appeal the denial.

The written appeal must include:

• the date the local board of education, governing board or regional superintendent of schools approved the original request,​
  
• the citation of the rule or School Code section involved, and
• a brief description of the issue.

Appeals are forwarded to the General Assembly in the next report submitted.

The General Assembly must consider the appeals contained in the report the next time it reconvenes following receipt of the report. The General Assembly has 60 calendar days after reconvening to disapprove any appeals contained in the report. If it does not act to disapprove any appeals during that time period, then the appeals are deemed granted.​ Waivers considered by the Illinois General Assembly cannot be appealed.​

​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 Modifictions

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.

Non-Resident Tuition Waivers

Public Act 103-0111 (effective June 29, 2023) provides districts the ability to waive tuition costs for non-resident pupils via school board policy if the pupil is a child of a district employee, as defined under Section 10-20.12a(a) of the School Code [105 ILCS 5].​