Public Act 93-0054
SB1038 Enrolled LRB093 10041 NHT 10292 b
AN ACT regarding schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 18-12 as follows:
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The
school board of each school district shall require teachers,
principals, or superintendents to furnish from records kept
by them such data as it needs in preparing and certifying
under oath or affirmation to the regional superintendent its
school district report of claims provided in Sections 18-8.05
18-8 through 18-10 as required on blanks to be provided by
the State Superintendent of Education. The district claim
shall be based on the latest available equalized assessed
valuation and tax rates, as provided in Section 18-8.05 and
shall use the average daily attendance as determined by the
method outlined in Section 18-8.05 and shall be certified and
filed with the regional superintendent by June 21 for
districts with an official school calendar end date before
June 15 or within 2 weeks following the official school
calendar end date for districts with a school year end date
of June 15 or later. The regional superintendent shall
certify and file with the State Superintendent of Education
district State aid claims by July 1 for districts with an
official school calendar end date before June 15 or no later
than July 15 for districts with an official school calendar
end date of June 15 or later July 1. Failure to so file by
these deadlines July 1 constitutes a forfeiture of the right
to receive payment by the State until such claim is filed and
vouchered for payment. The regional superintendent of
schools shall certify the county report of claims by July 15;
and the State Superintendent of Education shall voucher for
payment those claims to the State Comptroller as provided in
Section 18-11.
Except as otherwise provided in this Section, if any
school district fails to provide the minimum school term
specified in Section 10-19, the State aid claim for that year
shall be reduced by the State Superintendent of Education in
an amount equivalent to .56818% for each day less than the
number of days required by this Code.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was occasioned
by an act or acts of God, or was occasioned by conditions
beyond the control of the school district which posed a
hazardous threat to the health and safety of pupils, the
State aid claim need not be reduced.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was due to a
school being closed on or after September 11, 2001 for more
than one-half day of attendance due to a bioterrorism or
terrorism threat that was investigated by a law enforcement
agency, the State aid claim shall not be reduced.
If, during any school day, (i) a school district has
provided at least one clock hour of instruction but must
close the schools due to adverse weather conditions or due to
a condition beyond the control of the school district that
poses a hazardous threat to the health and safety of pupils
prior to providing the minimum hours of instruction required
for a full day of attendance, or (ii) the school district
must delay the start of the school day due to adverse weather
conditions and this delay prevents the district from
providing the minimum hours of instruction required for a
full day of attendance, the partial day of attendance may be
counted as a full day of attendance. The partial day of
attendance and the reasons therefor shall be certified in
writing within a month of the closing or delayed start by the
local school district superintendent to the Regional
Superintendent of Schools for forwarding to the State
Superintendent of Education for approval.
If a school building is ordered to be closed by the
school board, in consultation with a local emergency response
agency, due to a condition that poses a hazardous threat to
the health and safety of pupils, then the school district
shall have a grace period of 4 days in which the general
State aid claim shall not be reduced so that alternative
housing of the pupils may be located.
No exception to the requirement of providing a minimum
school term may be approved by the State Superintendent of
Education pursuant to this Section unless a school district
has first used all emergency days provided for in its regular
calendar.
If the State Superintendent of Education declares that an
energy shortage exists during any part of the school year for
the State or a designated portion of the State, a district
may operate the school attendance centers within the district
4 days of the week during the time of the shortage by
extending each existing school day by one clock hour of
school work, and the State aid claim shall not be reduced,
nor shall the employees of that district suffer any reduction
in salary or benefits as a result thereof. A district may
operate all attendance centers on this revised schedule, or
may apply the schedule to selected attendance centers, taking
into consideration such factors as pupil transportation
schedules and patterns and sources of energy for individual
attendance centers.
No State aid claim may be filed for any district unless
the district superintendent clerk or secretary of the school
board executes and files with the State Superintendent of
Education, in the method on forms prescribed by the
Superintendent, certification a sworn statement that the
district has complied with the requirements of Section
10-22.5 in regard to the nonsegregation of pupils on account
of color, creed, race, sex or nationality.
No State aid claim may be filed for any district unless
the district superintendent clerk or secretary of the school
board executes and files with the State Superintendent of
Education, in the method on forms prescribed by the
Superintendent, a sworn statement that to the best of his or
her knowledge or belief the employing or assigning personnel
have complied with Section 24-4 in all respects.
Electronically submitted State aid claims shall be
submitted by duly authorized district or regional individuals
over a secure network that is password protected. The
electronic submission of a State aid claim must be
accompanied with an affirmation that all of the provisions of
Sections 18-8.05 through 18-10, 10-22.5, and 24-4 of this
Code are met in all respects.
(Source: P.A. 92-661, eff. 7-16-02.)
Section 99. Effective date. This Act takes effect on
July 1, 2003.