Waivers

The Waiver Application

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

Application Form and Instructions (2 pages) (Updated12/12)

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. 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. 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 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.

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 #1-4 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); and requests to waive or modify requirements for daily physical education can be made for two years only, with the possibility of no more than two, 2-year renewals (for a total of no more than six (6) years).
	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 copies of: the notice posted on the applicant’s official website at least 14 days in advance of the public hearing; 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 call, write or e-mail us, and we will send or fax you an application form.

Rules and Waivers Division
100 North First Street, S-493
Springfield, Illinois 62777-0001
Phone: 217/782-5270
e-mail: Waivers@isbe.net