Pursuant to Section 5-145 of the Illinois Administrative
Procedure Act [5 ILCS 100/5-145 ], any
interested person may request an agency to adopt, amend, or repeal a rule. If,
within 30 days after submission of a request, the agency has not initiated
rulemaking proceedings in accordance with Section 5-35, the request shall be
deemed to have been denied. Requests received by the State Board of Education
shall be addressed as set forth in this Section.
a) An interested person who wishes to
initiate formal consideration by the State Board of Education of a request to
adopt, amend, or repeal a rule shall submit a written request to that effect.
1) The request shall:
A) identify the rule in question, if one
exists;
B) describe the problem
created by the text of the current rule or absence of a rule;
C) propose the substance of the desired rule
or amendment or identify the text that should be repealed, as
applicable;
D) describe the
affiliation of the individual submitting the request or the individual's
experience in matters related to the rule in question; and
E) provide an address to which the agency
should direct its reply.
2) The request shall be addressed to the
Agency Rules Coordinator and may be mailed or delivered to the Springfield
office of the State Board of Education or submitted via e-mail to
rules@isbe.net.
b) The
Rules Coordinator shall initiate review of the request by management staff
within the organizational unit responsible for the rules that are the subject
of the request.
c) The responsible
staff may consult with other individuals knowledgeable about the subject matter
of the rules in question and shall respond within 20 days after the agency's
receipt of the request as to whether the requested change is warranted and why
or why not.
d) If the requested
change is deemed warranted, the Rules Coordinator shall seek the
Superintendent's authorization to initiate the rulemaking based upon the
request and staff's rationale for supporting it.
e) No later than 30 days after the agency's
receipt of the request, the individual submitting the request shall be informed
in writing as to the agency's determination regarding it.
f) Staff members of the State Board of
Education who receive oral requests for changes in the agency's rules shall
invite the interested parties to submit written requests conforming to the
requirements of subsection (a) of this Section for formal
consideration.
