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Full Text of HB3027  97th General Assembly

HB3027 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3027

 

Introduced 2/23/2011, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.31a  from Ch. 122, par. 10-22.31a
105 ILCS 5/18-12  from Ch. 122, par. 18-12
105 ILCS 5/26-2a  from Ch. 122, par. 26-2a

    Amends the School Code. Makes changes concerning the execution of joint agreements on forms, the certification and filing of State aid claims, and the definition of "dropout".


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
510-22.31a, 18-12, and 26-2a as follows:
 
6    (105 ILCS 5/10-22.31a)  (from Ch. 122, par. 10-22.31a)
7    Sec. 10-22.31a. Joint educational programs. To enter into
8joint agreements with other school boards or public
9institutions of higher education to establish any type of
10educational program which any district may establish
11individually, to provide the needed educational facilities and
12to employ a director and other professional workers for such
13program. The director and other professional workers may be
14employed by one district which shall be reimbursed on a
15mutually agreed basis by other districts that are parties to
16the joint agreement. Such agreements may provide that one
17district may supply professional workers for a joint program
18conducted in another district. Such agreement shall be executed
19on forms provided by the State Board of Education and shall
20include, but not be limited to, provisions for administration,
21staff, programs, financing, housing, transportation and
22advisory body and provide for the withdrawal of districts from
23the joint agreement by petition to the regional board of school

 

 

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1trustees. Such petitions for withdrawal shall be made to the
2regional board of school trustees of the region having
3supervision and control over the administrative district and
4shall be acted upon in the manner provided in Article 7 for the
5detachment of territory from a school district.
6    To designate an administrative district to act as fiscal
7and legal agent for the districts that are parties to such a
8joint agreement.
9(Source: P.A. 86-198; 86-1318.)
 
10    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
11    Sec. 18-12. Dates for filing State aid claims. The school
12board of each school district shall require teachers,
13principals, or superintendents to furnish from records kept by
14them such data as it needs in preparing and certifying to the
15State Superintendent of Education regional superintendent its
16school district report of claims provided in Sections 18-8.05
17through 18-9 as required by the State Superintendent of
18Education. The district claim shall be based on the latest
19available equalized assessed valuation and tax rates, as
20provided in Section 18-8.05 and shall use the average daily
21attendance as determined by the method outlined in Section
2218-8.05 and shall be certified and filed with the State
23Superintendent of Education regional superintendent by June 21
24for districts with an official school calendar end date before
25June 15 or within 2 weeks following the official school

 

 

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1calendar end date for districts with a school year end date of
2June 15 or later. The regional superintendent shall certify and
3file with the State Superintendent of Education district State
4aid claims by July 1 for districts with an official school
5calendar end date before June 15 or no later than July 15 for
6districts with an official school calendar end date of June 15
7or later. Failure to so file by these deadlines constitutes a
8forfeiture of the right to receive payment by the State until
9such claim is filed and vouchered for payment. The regional
10superintendent of schools shall certify the county report of
11claims by July 15; and the State Superintendent of Education
12shall voucher for payment those claims to the State Comptroller
13as provided in Section 18-11.
14    Except as otherwise provided in this Section, if any school
15district fails to provide the minimum school term specified in
16Section 10-19, the State aid claim for that year shall be
17reduced by the State Superintendent of Education in an amount
18equivalent to 1/176 or .56818% for each day less than the
19number of days required by this Code.
20    If the State Superintendent of Education determines that
21the failure to provide the minimum school term was occasioned
22by an act or acts of God, or was occasioned by conditions
23beyond the control of the school district which posed a
24hazardous threat to the health and safety of pupils, the State
25aid claim need not be reduced.
26    If a school district is precluded from providing the

 

 

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1minimum hours of instruction required for a full day of
2attendance due to an adverse weather condition or a condition
3beyond the control of the school district that poses a
4hazardous threat to the health and safety of students, then the
5partial day of attendance may be counted if (i) the school
6district has provided at least one hour of instruction prior to
7the closure of the school district, (ii) a school building has
8provided at least one hour of instruction prior to the closure
9of the school building, or (iii) the normal start time of the
10school district is delayed.
11    If, prior to providing any instruction, a school district
12must close one or more but not all school buildings after
13consultation with a local emergency response agency or due to a
14condition beyond the control of the school district, then the
15school district may claim attendance for up to 2 school days
16based on the average attendance of the 3 school days
17immediately preceding the closure of the affected school
18building. The partial or no day of attendance described in this
19Section and the reasons therefore shall be certified within a
20month of the closing or delayed start by the school district
21superintendent to the regional superintendent of schools for
22forwarding to the State Superintendent of Education for
23approval.
24    No exception to the requirement of providing a minimum
25school term may be approved by the State Superintendent of
26Education pursuant to this Section unless a school district has

 

 

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1first used all emergency days provided for in its regular
2calendar.
3    If the State Superintendent of Education declares that an
4energy shortage exists during any part of the school year for
5the State or a designated portion of the State, a district may
6operate the school attendance centers within the district 4
7days of the week during the time of the shortage by extending
8each existing school day by one clock hour of school work, and
9the State aid claim shall not be reduced, nor shall the
10employees of that district suffer any reduction in salary or
11benefits as a result thereof. A district may operate all
12attendance centers on this revised schedule, or may apply the
13schedule to selected attendance centers, taking into
14consideration such factors as pupil transportation schedules
15and patterns and sources of energy for individual attendance
16centers.
17    Electronically submitted State aid claims shall be
18submitted by duly authorized district or regional individuals
19over a secure network that is password protected. The
20electronic submission of a State aid claim must be accompanied
21with an affirmation that all of the provisions of Sections
2218-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
23all respects.
24(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
2595-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 

 

 

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1    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
2    Sec. 26-2a. A "truant" is defined as a child subject to
3compulsory school attendance and who is absent without valid
4cause from such attendance for a school day or portion thereof.
5    "Valid cause" for absence shall be illness, observance of a
6religious holiday, death in the immediate family, family
7emergency, and shall include such other situations beyond the
8control of the student as determined by the board of education
9in each district, or such other circumstances which cause
10reasonable concern to the parent for the safety or health of
11the student.
12    "Chronic or habitual truant" shall be defined as a child
13subject to compulsory school attendance and who is absent
14without valid cause from such attendance for 10% or more of the
15previous 180 regular attendance days.
16    "Truant minor" is defined as a chronic truant to whom
17supportive services, including prevention, diagnostic,
18intervention and remedial services, alternative programs and
19other school and community resources have been provided and
20have failed to result in the cessation of chronic truancy, or
21have been offered and refused.
22    A "dropout" is defined as any child enrolled in grades one
239 through 12 whose name has been removed from the district
24enrollment roster for any reason other than the student's
25death, extended illness, removal for medical non-compliance,
26expulsion, aging out, graduation, or completion of a program of

 

 

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1studies and who has not transferred to another public or
2private school or moved out of the United States and is not
3known to be home-schooled by his or her parents or guardians or
4continuing school in another country.
5    "Religion" for the purposes of this Article, includes all
6aspects of religious observance and practice, as well as
7belief.
8(Source: P.A. 96-1423, eff. 8-3-10.)