Elementary & Secondary Education Committee
Filed: 2/17/2010
 
 

 




 

 		












09600HB4711ham001

LRB096 14665 MJR 37123 a






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AMENDMENT TO HOUSE BILL 4711




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    AMENDMENT NO. ______. Amend House Bill 4711 by replacing 
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everything after the enacting clause with the following:



 
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    "Section 5. The School Code is amended  by adding Section 
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22-60 as follows:
 
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    (105 ILCS 5/22-60 new)
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    Sec. 22-60. Unfunded mandates prohibited.
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    (a) No public school district or private school is 
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obligated to comply with any statutory or regulatory mandate or 
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requirement unless a separate appropriation has been enacted 
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into law providing funding for the school year during which 
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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 or private 
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school may choose to discontinue or modify the mandated 
 


 






09600HB4711ham001
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LRB096 14665 MJR 37123 a




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activity to ensure that the costs of compliance do not exceed 
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the funding received.  Official action by the school board of a 
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school district or governing entity of a private school must 
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take place before the school district or private school may 
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discontinue or modify a mandated activity due to insufficient 
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funding from the State.  If a school district or private school 
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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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or private school shall maintain a list of discontinued or 
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modified mandated activities.  The list shall be provided to the 
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State Board of Education upon request.
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    (c) This Section does not apply to special education, 
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transportation, lunch programs, coursework required for high 
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school graduation, the health/life safety code, driver 
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education, curricula associated with Illinois learning 
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standards and State assessments, teacher certification 
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requirements, programs impacted by federal funding, laws 
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related to teacher tenure, evaluation, dismissal, or reduction 
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in force, locally negotiated contracts, and bilingual 
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education.
 

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