HB4850ham001 97TH GENERAL ASSEMBLY

Rep. Thomas Morrison

Filed: 3/14/2012

09700HB4850ham001 LRB097 17484 NHT 67208 a

AMENDMENT TO HOUSE BILL 4850

AMENDMENT NO. ______. Amend House Bill 4850 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-30 and 34-21.9 as follows:

(105 ILCS 5/10-30 new)

Sec. 10-30. Mandate compliance; delayed State payments.

(a) If any payments from the State to a school district are delayed for at least one payment cycle, then the district is not obligated to comply with any statutory or regulatory mandate or requirement during that time.

(b) If payments are delayed under subsection (a) of this Section, then the school district may choose to discontinue or modify the mandated activity. Official action by the school board must take place before a school district may discontinue or modify a mandated activity due to delayed payments from the State. If a school district discontinues or modifies a mandated activity due to delayed payments from the State, then the school district shall maintain 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.

(105 ILCS 5/34-21.9 new)

Sec. 34-21.9. Mandate compliance; delayed State payments.

(a) If any payments from the State to the school district are delayed for at least one payment cycle, then the district is not obligated to comply with any statutory or regulatory mandate or requirement during that time.

(b) If payments are delayed under subsection (a) of this Section, then the school district may choose to discontinue or modify the mandated activity. Official action by the board must take place before the school district may discontinue or modify a mandated activity due to delayed payments from the State. If the school district discontinues or modifies a mandated activity due to delayed payments from the State, then the school district shall maintain 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.

(105 ILCS 5/22-60 rep.)

Section 10. The School Code is amended by repealing Section 22-60.

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