093_SB1038eng

 
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 1        AN ACT regarding schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section 18-12 as follows:

 6        (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
 7        Sec. 18-12.  Dates for  filing  State  aid  claims.   The
 8    school  board of each school district shall require teachers,
 9    principals, or superintendents to furnish from  records  kept
10    by  them  such  data  as it needs in preparing and certifying
11    under oath or affirmation to the regional superintendent  its
12    school district report of claims provided in Sections 18-8.05
13    18-8  through  18-10  as required on blanks to be provided by
14    the State Superintendent of Education.   The  district  claim
15    shall  be  based  on  the latest available equalized assessed
16    valuation and tax rates, as provided in Section  18-8.05  and
17    shall  use  the average daily attendance as determined by the
18    method outlined in Section 18-8.05 and shall be certified and
19    filed with the regional superintendent by  June  21  July  1.
20    Failure to so file by June 21 July 1 constitutes a forfeiture
21    of the right to receive payment by the State until such claim
22    is   filed   and   vouchered   for   payment.   The  regional
23    superintendent of schools shall certify the county report  of
24    claims  by  July  1  15;  and  the  State  Superintendent  of
25    Education shall voucher for payment those claims to the State
26    Comptroller as provided in Section 18-11.
27        Except  as  otherwise  provided  in  this Section, if any
28    school district fails to  provide  the  minimum  school  term
29    specified in Section 10-19, the State aid claim for that year
30    shall  be reduced by the State Superintendent of Education in
31    an amount equivalent to .56818% for each day  less  than  the
 
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 1    number of days required by this Code.
 2        If  the State Superintendent of Education determines that
 3    the failure to provide the minimum school term was occasioned
 4    by an act or acts of God, or  was  occasioned  by  conditions
 5    beyond  the  control  of  the  school  district which posed a
 6    hazardous threat to the health  and  safety  of  pupils,  the
 7    State aid claim need not be reduced.
 8        If  the State Superintendent of Education determines that
 9    the failure to provide the minimum school term was due  to  a
10    school  being  closed on or after September 11, 2001 for more
11    than one-half day of attendance  due  to  a  bioterrorism  or
12    terrorism  threat  that was investigated by a law enforcement
13    agency, the State aid claim shall not be reduced.
14        If, during any school day,  (i)  a  school  district  has
15    provided  at  least  one  clock  hour of instruction but must
16    close the schools due to adverse weather conditions or due to
17    a condition beyond the control of the  school  district  that
18    poses  a  hazardous threat to the health and safety of pupils
19    prior to providing the minimum hours of instruction  required
20    for  a  full  day  of attendance, or (ii) the school district
21    must delay the start of the school day due to adverse weather
22    conditions  and  this  delay  prevents  the   district   from
23    providing  the  minimum  hours  of instruction required for a
24    full day of attendance, the partial day of attendance may  be
25    counted  as  a  full  day  of  attendance. The partial day of
26    attendance and the reasons therefor  shall  be  certified  in
27    writing within a month of the closing or delayed start by the
28    local   school   district   superintendent  to  the  Regional
29    Superintendent  of  Schools  for  forwarding  to  the   State
30    Superintendent of Education for approval.
31        If  a  school  building  is  ordered  to be closed by the
32    school board, in consultation with a local emergency response
33    agency, due to a condition that poses a hazardous  threat  to
34    the  health  and  safety  of pupils, then the school district
 
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 1    shall have a grace period of 4  days  in  which  the  general
 2    State  aid  claim  shall  not  be reduced so that alternative
 3    housing of the pupils may be located.
 4        No exception to the requirement of  providing  a  minimum
 5    school  term  may  be approved by the State Superintendent of
 6    Education pursuant to this Section unless a  school  district
 7    has first used all emergency days provided for in its regular
 8    calendar.
 9        If the State Superintendent of Education declares that an
10    energy shortage exists during any part of the school year for
11    the  State  or  a designated portion of the State, a district
12    may operate the school attendance centers within the district
13    4 days of the  week  during  the  time  of  the  shortage  by
14    extending  each  existing  school  day  by  one clock hour of
15    school work, and the State aid claim shall  not  be  reduced,
16    nor shall the employees of that district suffer any reduction
17    in  salary  or  benefits  as a result thereof. A district may
18    operate all attendance centers on this revised  schedule,  or
19    may apply the schedule to selected attendance centers, taking
20    into  consideration  such  factors  as  pupil  transportation
21    schedules  and  patterns and sources of energy for individual
22    attendance centers.
23        No State aid claim may be filed for any  district  unless
24    the  district superintendent clerk or secretary of the school
25    board executes and files with  the  State  Superintendent  of
26    Education,   in   the  method  on  forms  prescribed  by  the
27    Superintendent, certification  a  sworn  statement  that  the
28    district  has  complied  with  the  requirements  of  Section
29    10-22.5  in regard to the nonsegregation of pupils on account
30    of color, creed, race, sex or nationality.
31        No State aid claim may be filed for any  district  unless
32    the  district superintendent clerk or secretary of the school
33    board executes and files with  the  State  Superintendent  of
34    Education,   in   the  method  on  forms  prescribed  by  the
 
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 1    Superintendent, a sworn statement that to the best of his  or
 2    her  knowledge or belief the employing or assigning personnel
 3    have complied with Section 24-4 in all respects.
 4        Electronically  submitted  State  aid  claims  shall   be
 5    submitted by duly authorized district or regional individuals
 6    over  a  secure  network  that  is  password  protected.  The
 7    electronic   submission   of   a  State  aid  claim  must  be
 8    accompanied with an affirmation that all of the provisions of
 9    Sections 18-8.05 through 18-10, 10-22.5,  and  24-4  of  this
10    Code are met in all respects.
11    (Source: P.A. 92-661, eff. 7-16-02.)

12        Section  99.   Effective  date.  This Act takes effect on
13    July 1, 2003.