96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4711


 
Introduced 1/4/2010, by Rep. Roger L. Eddy - Jerry L. Mitchell - Suzanne Bassi - Robert W. Pritchard - JoAnn D. Osmond, et al.
 
SYNOPSIS AS INTRODUCED:
 		













105 ILCS 5/10-30 new






105 ILCS 5/34-130 new










    Amends the School Code. Provides that no district is obligated to comply with any statutory or regulatory mandate or requirement unless a separate appropriation has been enacted into law providing funding for the school year during which such mandate is required. Contains provisions concerning discontinuing or modifying an activity to meet specified requirements. Provides that specified provisions do not apply to special education, transportation, or lunch programs, or coursework required for high school graduation. Effective immediately.
















LRB096 14665 MJR 29509 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4711

LRB096 14665 MJR 29509 b






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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The School Code is amended  by adding Sections 
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10-30  and 34-130 as follows:
 
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    (105 ILCS 5/10-30  new)
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    Sec. 10-30. Unfunded mandates prohibited.
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    (a) No district is obligated to comply with any statutory 
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or regulatory mandate or requirement unless a separate 
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appropriation has been enacted into law providing funding for 
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the school year during which such mandate is required.
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    (b) If the amount appropriated to fund a statutory or 
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regulatory mandate or requirement is insufficient to fully fund 
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the mandated activity, then the school district may choose to 
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discontinue or modify the mandated activity to assure that the 
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costs of compliance does not exceed the funding received.  
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Official action by a school board must take place before a 
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school district may discontinue or modify a mandated activity 
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due to insufficient funding from the State.  If a school 
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district discontinues or modifies a mandated activity due to 
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insufficient funding from the State, then the school district 
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shall maintain a list of discontinued or modified mandated 
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activities.  The list shall be provided to the State Board of 
 


 






HB4711
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LRB096 14665 MJR 29509 b




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Education upon request.
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    (c) This Section does not apply to special education, 
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transportation, or lunch programs, or coursework required for 
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high school graduation.
 
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    (105 ILCS 5/34-130 new)

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    Sec. 34-130. Unfunded mandates prohibited.
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    (a) No district is obligated to comply with any statutory 
8
or regulatory mandate or requirement unless a separate 
9
appropriation has been enacted into law providing funding for 
10
the school year during which such mandate is required.
11
    (b) If the amount appropriated to fund a statutory or 
12
regulatory mandate or requirement is insufficient to fully fund 
13
the mandated activity, then the school district may choose to 
14
discontinue or modify the mandated activity to assure that the 
15
costs of compliance does not exceed the funding received.  
16
Official action by a school board must take place before a 
17
school district may discontinue or modify a mandated activity 
18
due to insufficient funding from the State.  If a school 
19
district discontinues or modifies a mandated activity due to 
20
insufficient funding from the State, then the school district 
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shall maintain a list of discontinued or modified mandated 
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activities.  The list shall be provided to the State Board of 
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Education upon request.
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    (c) This Section does not apply to special education, 
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transportation, or lunch programs, or coursework required for 
 


 






HB4711
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LRB096 14665 MJR 29509 b




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high school graduation.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.