Rep. Roger L. Eddy

Filed: 3/9/2010

 

 


 

 


 
09600HB4711ham003 LRB096 14665 NHT 38552 a

1
AMENDMENT TO HOUSE BILL 4711

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

 

 

09600HB4711ham003 - 2 - LRB096 14665 NHT 38552 a

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