Application for Waivers

Please use the following as a checklist before mailing your completed application.

Requests for waivers and modifications can be submitted only after the applicant has held a public hearing. Effective July 1, 2006, applicants may hold the required public hearing on the day of a regularly scheduled meeting so long as a separate time period is provided to take testimony on the waiver or modification request. However, for school districts, joint agreements and ISCs (i.e. those entities with a governing board) seeking to waive or modify the daily physical education requirement, the date for the public hearing must be other than the day on which a regular board meeting is held.

All applicants must provide proper notice of the hearing at least seven days before the hearing date. The following public notices about the hearing must be provided, all of which must state the time, date, location and general subject matter of the hearing.

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 notices published in the newspaper and provided to the applicant’s bargaining agent and state legislators (showing the notices met the required timeline) – 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.
	If you are an applicant with a governing board (i.e., school districts, joint agreements or ISCs) applying to waive or modify the daily physical education requirement, identify a date for the public hearing that is other than the day on which a regular board meeting is held. 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 #1-3 above. Each notice must state the time, date, location and general subject matter of the hearing.
	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 item (4)(b) only. 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. Applicants with governing boards (i.e., school districts, joint agreements and ISCs) applying to waive or modify the requirement for daily physical education must hold the public hearing on a day other than the day on which a regular board meeting is held.
	Attach a copy of the dated notice about the public hearing that was published in a newspaper of general circulation as outlined in #1 above and a copy of the dated written notice addressed and provided to the affected exclusive collective bargaining agent. Attach a copy of the dated written advance notices provided 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 call, write or e-mail us, and we will send or fax you an application form.


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