Rep. Roger L. Eddy
Filed: 3/9/2010
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| 1 | AMENDMENT TO HOUSE BILL 4711
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| 2 | AMENDMENT NO. ______. Amend House Bill 4711, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The School Code is amended by adding Section | ||||||
| 6 | 22-60 as follows: | ||||||
| 7 | (105 ILCS 5/22-60 new) | ||||||
| 8 | Sec. 22-60. Unfunded mandates prohibited. | ||||||
| 9 | (a) No public school district or private school is | ||||||
| 10 | obligated to comply with any statutory or regulatory mandate or | ||||||
| 11 | requirement enacted into law or adopted by rule after the | ||||||
| 12 | effective date of this amendatory Act of the 96th General | ||||||
| 13 | Assembly unless a separate appropriation has been enacted into | ||||||
| 14 | law providing funding for the school year during which such | ||||||
| 15 | mandate is required. | ||||||
| 16 | (b) If the amount appropriated to fund a statutory or | ||||||
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| 1 | regulatory mandate or requirement enacted into law or adopted | ||||||
| 2 | by rule after the effective date of this amendatory Act of the | ||||||
| 3 | 96th General Assembly is insufficient to fully fund the | ||||||
| 4 | mandated activity, then the school district or private school | ||||||
| 5 | may choose to discontinue or modify the mandated activity to | ||||||
| 6 | ensure that the costs of compliance do not exceed the funding | ||||||
| 7 | received. Official action by the school board of a school | ||||||
| 8 | district or governing entity of a private school must take | ||||||
| 9 | place before the school district or private school may | ||||||
| 10 | discontinue or modify a mandated activity due to insufficient | ||||||
| 11 | funding from the State. If a school district or private school | ||||||
| 12 | discontinues or modifies a mandated activity due to | ||||||
| 13 | insufficient funding from the State, then the school district | ||||||
| 14 | or private school shall annually maintain and update a list of | ||||||
| 15 | discontinued or modified mandated activities. The list shall be | ||||||
| 16 | provided to the State Board of Education upon request. | ||||||
| 17 | (c) This Section does not apply to new mandates from the | ||||||
| 18 | Race to the Top Grant through the federal American Recovery and | ||||||
| 19 | Reinvestment Act of 2009 on school districts designated as | ||||||
| 20 | being in the lowest performing 5% of schools within the Race to | ||||||
| 21 | the Top Application.
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| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law.".
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