Illinois pe waiver legislation

State law allows PE waiver.

Illinois Administrative Code 23-1.100 Waiver and Modification of State Board Rules and School Code Mandates

a) As authorized in Section 2-3.25g of the School Code [105 ILCS 5], an eligible applicant, as defined in 2-3.25g(a), or any Independent Authority established under Section 2-3.25f-5 of the School Code may petition for:

• 1) Approval of waivers or modifications of State Board of Education rules and of modifications of School Code mandates, which may be requested to meet the intent of the rule or mandate in a more effective, efficient or economical manner or when necessary to stimulate innovation or to improve student performance [105 ILCS 5/2-3.25g(b)]; and/or
• 2) Approval of waivers of School Code mandates, which may be requested when necessary to stimulate innovation or to improve student performance or the intent of the mandate in a more effective, efficient or economical manner [105 ILCS 5/2-3.25g(b)].

b) "The School Code" comprises only those statutes compiled at 105 ILCS 5.

• 1) Waivers or modifications from State Board rules or School Code mandates implementing compliance with the federal Every Student Succeeds Act (20 USC 6301 et seq.) or the Every Student Succeeds Act State Plan are not permitted.
• 2) Waivers or modifications of mandates pertaining to the use of student performance data and performance categories for teacher and principal evaluations, as required under Article 24A of the School Code, are not permitted and on September 1, 2014, any previously authorized waiver or modification from such requirements shall terminate (Section 2‑3.25g(b) of the School Code).
• 3) Waivers of mandates contained in Section 5-1 of the School Code or in Section 5-2.1 of the School Code also shall not be requested.

c) As used in this Section, "waiver" means a petition to discontinue the implementation of a mandate and "modification" means a petition to partially implement a mandate.

Illinois Compiled Statutes 105-5-2-3.25g Waiver or modification of mandates within the School Code and administrative rules and regulations.

(b) Notwithstanding any other provisions of this School Code or any other law of this State to the contrary, eligible applicants may petition the State Board of Education for the waiver or modification of the mandates of this School Code or of the administrative rules and regulations promulgated by the State Board of Education. Waivers or modifications of administrative rules and regulations and modifications of mandates of this School Code may be requested when an eligible applicant demonstrates that it can address the intent of the rule or mandate in a more effective, efficient, or economical manner or when necessary to stimulate innovation or improve student performance. Waivers of mandates of the School Code may be requested when the waivers are necessary to stimulate innovation or improve student performance or when the applicant demonstrates that it can address the intent of the mandate of the School Code in a more effective, efficient, or economical manner. Waivers may not be requested from laws, rules, and regulations pertaining to special education, teacher educator licensure, teacher tenure and seniority, or Section 5-2.1 of this Code [105 ILCS 5/5-2.1] or from compliance with the Every Student Succeeds Act (Public Law 114-95). Eligible applicants may not seek a waiver or seek a modification of a mandate regarding the requirements for (i) student performance data to be a significant factor in teacher or principal evaluations or (ii) teachers and principals to be rated using the 4 categories of “excellent”, “proficient”, “needs improvement”, or “unsatisfactory”. On September 1, 2014, any previously authorized waiver or modification from such requirements shall terminate.