HB4711ham002 96TH GENERAL ASSEMBLY

Rep. Roger L. Eddy

Filed: 2/23/2010

09600HB4711ham002 LRB096 14665 NHT 37510 a

AMENDMENT TO HOUSE BILL 4711

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

"Section 5. The School Code is amended by adding Section 22-60 as follows:

(105 ILCS 5/22-60 new)

Sec. 22-60. Unfunded mandates prohibited.

(a) No public school district or private school 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.

(b) If the amount appropriated to fund a statutory or regulatory mandate or requirement is insufficient to fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Official action by the school board of a school district or governing entity of a private school must take place before the school district or private school may discontinue or modify a mandated activity due to insufficient funding from the State. If a school district or private school discontinues or modifies a mandated activity due to insufficient funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.

(c) This Section does not apply to special education, transportation, lunch programs, coursework required for high school graduation, the health/life safety code, driver education, curricula associated with Illinois learning standards and State assessments (including longitudinal data systems), teacher certification requirements, programs impacted by federal requirements, laws related to teacher tenure, evaluation, dismissal, or reduction in force, locally negotiated contracts, bilingual education, criminal history records checks, the Open Meetings Act, requirements for school districts certified to be in financial difficulty under Section 1A-8 of this Code, requirements for school districts under a financial oversight panel or a school finance authority, and any laws related to employment under Chapter 820 of the Illinois Complied Statutes.

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