Full Text of HB0770 93rd General Assembly
HB0770sam001 93RD GENERAL ASSEMBLY
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Sen. Patrick Welch
Filed: 5/11/2004
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| AMENDMENT TO HOUSE BILL 770
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| AMENDMENT NO. ______. Amend House Bill 770 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 18-12 as follows:
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| (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
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| Sec. 18-12. Dates for filing State aid claims. The school | 8 |
| board of
each school district shall require teachers, | 9 |
| principals, or
superintendents to furnish from records kept by | 10 |
| them such data as it
needs in preparing and certifying to the
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| regional superintendent its school district report of claims | 12 |
| provided in
Sections 18-8.05 through 18-10 as required by the | 13 |
| State
Superintendent of Education. The district claim
shall be | 14 |
| based on the latest available equalized assessed valuation and | 15 |
| tax
rates, as provided in Section 18-8.05 and shall use the | 16 |
| average
daily
attendance as determined by the method outlined | 17 |
| in Section 18-8.05
and shall be
certified and filed with the | 18 |
| regional superintendent by June 21
for districts with an
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| official
school calendar end date before June 15 or within 2 | 20 |
| weeks following the
official school calendar end date for | 21 |
| districts with a school year end date
of June 15 or later. The | 22 |
| regional superintendent shall certify and file
with the State | 23 |
| Superintendent of Education district State aid claims by
July 1 | 24 |
| for districts with an official school calendar end date before |
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| June
15 or no later than July 15 for districts with an official | 2 |
| school calendar
end date of June 15 or later.
Failure to
so | 3 |
| file by these deadlines constitutes a forfeiture of the right
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| to
receive payment by
the State until such claim is filed and | 5 |
| vouchered for payment. The
regional superintendent of schools | 6 |
| shall certify the county report of claims
by July 15; and the | 7 |
| State Superintendent of Education shall voucher
for payment | 8 |
| those claims to the State Comptroller as provided in Section | 9 |
| 18-11.
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| Except as otherwise provided in this Section, if any school | 11 |
| district
fails to provide the minimum school term specified
in | 12 |
| Section 10-19, the State aid claim for that year shall be | 13 |
| reduced by the
State Superintendent of Education in an amount | 14 |
| equivalent to .56818% for
each day less than the number of days | 15 |
| required by this Code.
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| If
the State Superintendent of Education determines that | 17 |
| the failure
to
provide the minimum school term was occasioned | 18 |
| by an act or acts of God, or
was occasioned by conditions | 19 |
| beyond the control of the school district
which posed a | 20 |
| hazardous threat to the health and safety of pupils, the
State | 21 |
| aid claim need not be reduced.
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| If the State Superintendent of Education determines that | 23 |
| the
failure to provide the minimum school term was due to a | 24 |
| school being
closed on or after September 11, 2001 for more | 25 |
| than one-half day of
attendance due to a bioterrorism or | 26 |
| terrorism threat that was
investigated by a law enforcement | 27 |
| agency, the State aid claim shall not
be reduced.
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| If, during any school day, (i) a school district has | 29 |
| provided at least
one
clock hour of instruction but must close | 30 |
| the schools due to adverse weather
conditions
or due to a | 31 |
| condition
beyond the control of the school district that poses | 32 |
| a hazardous threat to
the health and safety of pupils
prior to | 33 |
| providing the minimum hours of instruction required
for a full | 34 |
| day of attendance, or (ii) the school district must delay the
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| start of the school day due to adverse weather conditions
and | 2 |
| this delay
prevents the district from providing the minimum | 3 |
| hours of instruction required
for a full day of attendance, the | 4 |
| partial day of attendance may be counted
as a full day of | 5 |
| attendance. The partial day of attendance
and the reasons | 6 |
| therefor shall
be certified in writing within a month of the | 7 |
| closing or delayed start by
the local school
district | 8 |
| superintendent to the Regional Superintendent of Schools for
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| forwarding to the State Superintendent of Education for | 10 |
| approval.
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| If a school building is ordered to be closed by the school | 12 |
| board, in
consultation with a local emergency response agency, | 13 |
| due to a condition
that poses a hazardous threat to the health | 14 |
| and safety of pupils, then the
school district shall have a | 15 |
| grace period of 4 days in which the general
State aid claim | 16 |
| shall not be reduced so that alternative housing of the
pupils | 17 |
| may be located.
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| Beginning with the 2003-2004 school year, if the failure of | 19 |
| a school district to provide the minimum school term was | 20 |
| occasioned by an act or acts of God or by conditions beyond the | 21 |
| control of the school district that posed a hazardous threat to | 22 |
| the health and safety of pupils, either of which must have | 23 |
| occurred after April 1 of the school year, then the school | 24 |
| district shall have a grace period of up to 5 days, to assess | 25 |
| the need to relocate pupils, in which the general State aid | 26 |
| claim shall not be reduced.
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| No exception to the requirement of providing a minimum | 28 |
| school term may
be approved by the State Superintendent of | 29 |
| Education pursuant to this Section
unless a school district has | 30 |
| first used all emergency days provided for
in its regular | 31 |
| calendar.
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| If the State Superintendent of Education declares that an | 33 |
| energy
shortage exists during any part of the school year for | 34 |
| the State or a
designated portion of the State, a district may |
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| operate the school
attendance centers within the district 4 | 2 |
| days of the week during the
time of the shortage by extending | 3 |
| each existing school day by one clock
hour of school work, and | 4 |
| the State aid claim shall not be reduced, nor
shall the | 5 |
| employees of that district suffer any reduction in salary or
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| benefits as a result thereof. A district may operate all | 7 |
| attendance
centers on this revised schedule, or may apply the | 8 |
| schedule to selected
attendance centers, taking into | 9 |
| consideration such factors as pupil
transportation schedules | 10 |
| and patterns and sources of energy for
individual attendance | 11 |
| centers.
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| No State aid claim may be filed for any district unless the | 13 |
| district
superintendent executes and files with the State
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| Superintendent of Education, in the method prescribed by the
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| Superintendent, certification that the district has complied | 16 |
| with the requirements
of Section 10-22.5 in regard to the | 17 |
| nonsegregation of pupils on account
of color, creed, race, sex | 18 |
| or nationality.
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| No State aid claim may be filed for any district unless the | 20 |
| district
superintendent executes and files with the State
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| Superintendent of Education, in the method prescribed by the
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| Superintendent,
a sworn statement that to the best of his or | 23 |
| her knowledge or belief the
employing or assigning personnel | 24 |
| have complied with Section 24-4 in all
respects.
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| Electronically submitted State aid claims shall be | 26 |
| submitted by
duly authorized district or regional individuals | 27 |
| over a secure network
that is password protected. The | 28 |
| electronic submission of a State aid
claim must be accompanied | 29 |
| with an affirmation that all of the provisions
of Sections | 30 |
| 18-8.05 through 18-10, 10-22.5, and 24-4 of this Code are
met | 31 |
| in all respects.
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| (Source: P.A. 92-661, eff. 7-16-02; 93-54, eff. 7-1-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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