Rep. Roger L. Eddy
Filed: 3/9/2010
 
 

 




 

 		












09600HB4711ham003

LRB096 14665 NHT 38552 a






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AMENDMENT TO HOUSE BILL 4711




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    AMENDMENT NO. ______. Amend House Bill 4711, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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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 enacted into law or adopted by rule after the 
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effective date of this amendatory Act of the 96th General 
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Assembly unless a separate appropriation has been enacted into 
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law providing funding for the school year during which such 
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mandate is required.
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    (b) If the amount appropriated to fund a statutory or 
 


 






09600HB4711ham003
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regulatory mandate or requirement enacted into law or adopted 
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by rule after the effective date of this amendatory Act of the 
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96th General Assembly is insufficient to fully fund the 
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mandated activity, then the school district or private school 
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may choose to discontinue or modify the mandated activity to 
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ensure that the costs of compliance do not exceed the funding 
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received.  Official action by the school board of a school 
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district or governing entity of a private school must take 
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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 annually maintain and update a list of 
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discontinued or modified mandated activities.  The list shall be 
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provided to the State Board of Education upon request.
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    (c) This Section does not apply to new mandates from the 
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Race to the Top Grant through the federal American Recovery and 
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Reinvestment Act of 2009 on school districts designated as 
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being in the lowest performing 5% of schools within the Race to 
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the Top Application.
 

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