Illinois General Assembly - Full Text of HB3464
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Full Text of HB3464  97th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
52-3.11c, 10-20.47, 10-21.4, 18-3, and 34-18.38 as follows:
6    (105 ILCS 5/2-3.11c)
7    Sec. 2-3.11c. Teacher supply and demand report. Through
8January 1, 2009, to report annually, on or before January 1, on
9the relative supply and demand for education staff of the
10public schools to the Governor, to the General Assembly, and to
11institutions of higher education that prepare teachers,
12administrators, school service personnel, other certificated
13individuals, and other professionals employed by school
14districts or joint agreements. After the report due on January
151, 2009 is submitted, future reports shall be submitted once
16every 3 years, with the first report being submitted on or
17before January 1, 2012 2011. The report shall contain the
18following information:
19        (1) the relative supply and demand for teachers,
20    administrators, and other certificated and
21    non-certificated personnel by field, content area, and
22    levels;
23        (2) State and regional analyses of fields, content



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1    areas, and levels with an over-supply or under-supply of
2    educators; and
3        (3) projections of likely high demand and low demand
4    for educators, in a manner sufficient to advise the public,
5    individuals, and institutions regarding career
6    opportunities in education.
7(Source: P.A. 96-734, eff. 8-25-09.)
8    (105 ILCS 5/10-20.47)
9    Sec. 10-20.47. Administrator and teacher salary and
10benefits; report. Each school board shall report to the State
11Board of Education, on or before October July 1 of each year,
12the base salary and benefits of the district superintendent and
13all administrators and teachers employed by the school
14district. For the purposes of this Section, "benefits" includes
15without limitation vacation days, sick days, bonuses,
16annuities, and retirement enhancements.
17    Prior to this annual reporting to the State Board of
18Education, the information must be presented at a regular
19school board meeting, subject to applicable notice
20requirements, and then posted on the Internet website of the
21school district, if any.
22(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
23    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
24    Sec. 10-21.4. Superintendent - Duties. Except in districts



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1in which there is only one school with less than four teachers,
2to employ a superintendent who shall have charge of the
3administration of the schools under the direction of the board
4of education. In addition to the administrative duties, the
5superintendent shall make recommendations to the board
6concerning the budget, building plans, the locations of sites,
7the selection, retention and dismissal of teachers and all
8other employees, the selection of textbooks, instructional
9material and courses of study. However, in districts under a
10Financial Oversight Panel pursuant to Section 1A-8 for
11violating a financial plan, the duties and responsibilities of
12the superintendent in relation to the financial and business
13operations of the district shall be approved by the Panel. In
14the event the Board refuses or fails to follow a directive or
15comply with an information request of the Panel, the
16performance of those duties shall be subject to the direction
17of the Panel. The superintendent shall also notify the State
18Board of Education, the board and the chief administrative
19official, other than the alleged perpetrator himself, in the
20school where the alleged perpetrator serves, that any person
21who is employed in a school or otherwise comes into frequent
22contact with children in the school has been named as a
23perpetrator in an indicated report filed pursuant to the Abused
24and Neglected Child Reporting Act, approved June 26, 1975, as
25amended. The superintendent shall keep or cause to be kept the
26records and accounts as directed and required by the board, aid



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1in making reports required by the board, and perform such other
2duties as the board may delegate to him.
3    In addition, each year at a time designated by the State
4Superintendent of Education in January of each year, each
5superintendent shall report to the State Board of Education the
6number of high school students in the district who are enrolled
7in accredited courses (for which high school credit will be
8awarded upon successful completion of the courses) at any
9community college, together with the name and number of the
10course or courses which each such student is taking.
11    The provisions of this section shall also apply to board of
12director districts.
13    Notice of intent not to renew a contract must be given in
14writing stating the specific reason therefor by April 1 of the
15contract year unless the contract specifically provides
16otherwise. Failure to do so will automatically extend the
17contract for an additional year. Within 10 days after receipt
18of notice of intent not to renew a contract, the superintendent
19may request a closed session hearing on the dismissal. At the
20hearing the superintendent has the privilege of presenting
21evidence, witnesses and defenses on the grounds for dismissal.
22The provisions of this paragraph shall not apply to a district
23under a Financial Oversight Panel pursuant to Section 1A-8 for
24violating a financial plan.
25(Source: P.A. 95-496, eff. 8-28-07.)



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1    (105 ILCS 5/18-3)  (from Ch. 122, par. 18-3)
2    Sec. 18-3. Tuition of children from orphanages and
3children's homes. When the children from any home for orphans,
4dependent, abandoned or maladjusted children maintained by any
5organization or association admitting to such home children
6from the State in general or when children residing in a school
7district wherein the State of Illinois maintains and operates
8any welfare or penal institution on property owned by the State
9of Illinois, which contains houses, housing units or housing
10accommodations within a school district, attend grades
11kindergarten through 12 of the public schools maintained by
12that school district, the State Superintendent of Education
13shall direct the State Comptroller to pay a specified amount
14sufficient to pay the annual tuition cost of such children who
15attended such public schools during the regular school year
16ending on June 30. The Comptroller shall pay the amount after
17receipt of a voucher submitted by the State Superintendent of
19    The amount of the tuition for such children attending the
20public schools of the district shall be determined by the State
21Superintendent of Education by multiplying the number of such
22children in average daily attendance in such schools by 1.2
23times the total annual per capita cost of administering the
24schools of the district. Such total annual per capita cost
25shall be determined by totaling all expenses of the school
26district in the educational, operations and maintenance, bond



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1and interest, transportation, Illinois municipal retirement,
2and rent funds for the school year preceding the filing of such
3tuition claims less expenditures not applicable to the regular
4K-12 program, less offsetting revenues from State sources
5except those from the common school fund, less offsetting
6revenues from federal sources except those from federal
7impaction aid, less student and community service revenues,
8plus a depreciation allowance; and dividing such total by the
9average daily attendance for the year.
10    Annually on or before July 15 the superintendent of the
11district shall certify to the State Superintendent of Education
12the following:
13        1. The name of the home and of the organization or
14    association maintaining it; or the legal description of the
15    real estate upon which the house, housing units, or housing
16    accommodations are located and that no taxes or service
17    charges or other payments authorized by law to be made in
18    lieu of taxes were collected therefrom or on account
19    thereof during either of the calendar years included in the
20    school year for which claim is being made;
21        2. The number of children from the home or living in
22    such houses, housing units or housing accommodations and
23    attending the schools of the district;
24        3. The total number of children attending the schools
25    of the district;
26        4. The per capita tuition charge of the district; and



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1        5. The computed amount of the tuition payment claimed
2    as due.
3    Whenever the persons in charge of such home for orphans,
4dependent, abandoned or maladjusted children have received
5from the parent or guardian of any such child or by virtue of
6an order of court a specific allowance for educating such
7child, such persons shall pay to the school board in the
8district where the child attends school such amount of the
9allowance as is necessary to pay the tuition required by such
10district for the education of the child. If the allowance is
11insufficient to pay the tuition in full the State
12Superintendent of Education shall direct the Comptroller to pay
13to the district the difference between the total tuition
14charged and the amount of the allowance.
15    Whenever the facilities of a school district in which such
16house, housing units or housing accommodations are located, are
17limited, pupils may be assigned by that district to the schools
18of any adjacent district to the limit of the facilities of the
19adjacent district to properly educate such pupils as shall be
20determined by the school board of the adjacent district, and
21the State Superintendent of Education shall direct the
22Comptroller to pay a specified amount sufficient to pay the
23annual tuition of the children so assigned to and attending
24public schools in the adjacent districts and the Comptroller
25shall draw his warrant upon the State Treasurer for the payment
26of such amount for the benefit of the adjacent school districts



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1in the same manner as for districts in which the houses,
2housing units or housing accommodations are located.
3    The school district shall certify to the State
4Superintendent of Education the report of claims due for such
5tuition payments on or before July 15. The State Superintendent
6of Education shall direct the Comptroller to pay to the
7district, on or before August 15, the amount due the district
8for the school year in accordance with the calculation of the
9claim as set forth in this Section.
10    Summer session costs shall be reimbursed based on the
11actual expenditures for providing these services. On or before
12November 1 of each year, the superintendent of each eligible
13school district shall certify to the State Superintendent of
14Education the claim of the district for the summer session
15following the regular school year just ended. The State
16Superintendent of Education shall transmit to the Comptroller
17no later than December 15th of each year vouchers for payment
18of amounts due to school districts for summer session.
19    Claims for tuition for children from any home for orphans
20or dependent, abandoned, or maladjusted children beginning
21with the 1993-1994 school year shall be paid on a current year
22basis. On September 30, December 31, and March 31, the State
23Board of Education shall voucher payments for districts with
24those students based on an estimated cost calculated from the
25prior year's claim. Final claims for those students for the
26regular school term must be received at the State Board of



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1Education by July 15 following the end of the regular school
2year. Final claims for those students shall be vouchered by
3August 30 15. During fiscal year 1994 both the 1992-1993 school
4year and the 1993-1994 school year shall be paid in order to
5change the cycle of payment from a reimbursement basis to a
6current year funding basis of payment. However,
7notwithstanding any other provisions of this Section or the
8School Code, beginning with fiscal year 1994 and each fiscal
9year thereafter, if the amount appropriated for any fiscal year
10is less than the amount required for purposes of this Section,
11the amount required to eliminate any insufficient
12reimbursement for each district claim under this Section shall
13be reimbursed on August 30 of the next fiscal year. Payments
14required to eliminate any insufficiency for prior fiscal year
15claims shall be made before any claims are paid for the current
16fiscal year.
17    If a school district makes a claim for reimbursement under
18Section 14-7.03 it shall not include in any claim filed under
19this Section children residing on the property of State
20institutions included in its claim under Section 14-7.03.
21    Any child who is not a resident of Illinois who is placed
22in a child welfare institution, private facility, State
23operated program, orphanage or children's home shall have the
24payment for his educational tuition and any related services
25assured by the placing agent.
26    In order to provide services appropriate to allow a student



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1under the legal guardianship or custodianship of the State to
2participate in local school district educational programs,
3costs may be incurred in appropriate cases by the district that
4are in excess of 1.2 times the district per capita tuition
5charge allowed under the provisions of this Section. In the
6event such excess costs are incurred, they must be documented
7in accordance with cost rules established under the authority
8of this Section and may then be claimed for reimbursement under
9this Section.
10    Planned services for students eligible for this funding
11must be a collaborative effort between the appropriate State
12agency or the student's group home or institution and the local
13school district.
14(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
15    (105 ILCS 5/34-18.38)
16    Sec. 34-18.38. Administrator and teacher salary and
17benefits; report. The board shall report to the State Board of
18Education, on or before October July 1 of each year, the base
19salary and benefits of the general superintendent of schools or
20chief executive officer and all administrators and teachers
21employed by the school district. For the purposes of this
22Section, "benefits" includes without limitation vacation days,
23sick days, bonuses, annuities, and retirement enhancements.
24    Prior to this annual reporting to the State Board of
25Education, the information must be presented at a regular board



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1meeting, subject to applicable notice requirements, and then
2posted on the Internet website of the school district, if any.
3(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4    (105 ILCS 5/2-3.74 rep.)
5    (105 ILCS 5/2-3.87 rep.)
6    (105 ILCS 5/2-3.111 rep.)
7    (105 ILCS 5/10-20.50 rep.)
8    (105 ILCS 5/10-21.6 rep.)
9    (105 ILCS 5/34-18.41 rep.)
10    Section 10. The School Code is amended by repealing
11Sections 2-3.74, 2-3.87, 2-3.111, 10-20.50, 10-21.6, and