Full Text of HB3464 97th General Assembly
HB3464 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3464 Introduced 2/24/2011, by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.11c | | 105 ILCS 5/10-21.4 | from Ch. 122, par. 10-21.4 | 105 ILCS 5/18-3 | from Ch. 122, par. 18-3 | 105 ILCS 5/2-3.74 rep. | | 105 ILCS 5/2-3.87 rep. | | 105 ILCS 5/2-3.111 rep. | |
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Amends the School Code. Makes changes concerning the teacher supply and demand report, reporting on the number of high school students enrolled in courses at a community college, and claims for tuition for children from a home for orphans or dependent, abandoned, or maladjusted children. Repeals Sections concerning the State Board of Education providing information on the creation of tax exempt foundations, a catalogue of reports, and racial reports.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 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 Sections | 5 | | 2-3.11c, 10-21.4, and 18-3 as follows:
| 6 | | (105 ILCS 5/2-3.11c)
| 7 | | Sec. 2-3.11c. Teacher supply and demand report. Through | 8 | | January 1, 2009, to report annually, on or
before January 1,
on | 9 | | the relative supply and demand for
education staff of the | 10 | | public schools
to the Governor, to the General Assembly, and to | 11 | | institutions
of higher education that prepare teachers, | 12 | | administrators, school service
personnel, other certificated | 13 | | individuals, and other professionals employed by
school | 14 | | districts or joint agreements. After the report due on January | 15 | | 1, 2009 is submitted, future reports shall be submitted once | 16 | | every 3 years, with the first report being submitted on or | 17 | | before January 1, 2012 2011 . The report shall contain the | 18 | | following
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 5/10-21.4) (from Ch. 122, par. 10-21.4)
| 9 | | Sec. 10-21.4. Superintendent - Duties. Except in districts
| 10 | | in which there is only one school with less than four
teachers, | 11 | | to employ a superintendent who shall have charge
of the | 12 | | administration of the schools under the direction of
the board | 13 | | of education. In addition to the administrative
duties, the | 14 | | superintendent shall make recommendations to
the board | 15 | | concerning the budget, building plans, the
locations of sites, | 16 | | the selection, retention and dismissal of teachers
and all | 17 | | other employees, the selection of textbooks, instructional | 18 | | material
and courses of study.
However, in districts under a | 19 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 20 | | violating a financial plan, the duties and responsibilities of
| 21 | | the superintendent in relation to the financial and business | 22 | | operations of the
district shall be approved by the Panel. In | 23 | | the event the Board refuses or
fails to follow a directive or | 24 | | comply with an information request of the Panel,
the | 25 | | performance of those duties shall be subject to the direction |
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| 1 | | of the
Panel.
The superintendent shall also notify the State | 2 | | Board
of Education, the board and the chief administrative | 3 | | official, other than
the alleged perpetrator himself, in the | 4 | | school where the alleged
perpetrator serves, that any person | 5 | | who is employed in a school or
otherwise comes into frequent | 6 | | contact with children
in the school has been named as a | 7 | | perpetrator in an indicated report filed
pursuant to the Abused | 8 | | and Neglected Child Reporting Act, approved June 26,
1975, as | 9 | | amended. The superintendent shall keep or cause to be kept the
| 10 | | records and accounts as directed and required by the board, aid | 11 | | in making
reports required by the board, and perform such other | 12 | | duties as the board
may delegate to him.
| 13 | | In addition, each year at a time designated by the State | 14 | | Superintendent of Education in January of each year ,
each
| 15 | | superintendent shall report to the State Board of Education the | 16 | | number of high school students in the
district who are enrolled | 17 | | in accredited courses (for which high school
credit will be | 18 | | awarded upon successful completion of the courses) at any
| 19 | | community college, together with the name and number of the | 20 | | course or
courses which each such student is taking.
| 21 | | The provisions of this section shall also apply to
board of | 22 | | director districts.
| 23 | | Notice of intent not to renew
a contract must be given in | 24 | | writing stating the
specific reason therefor by April 1 of the | 25 | | contract
year unless the contract specifically provides | 26 | | otherwise.
Failure to do so will automatically extend the |
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| 1 | | contract
for an additional year. Within 10 days after receipt | 2 | | of
notice of intent not to renew a contract, the superintendent
| 3 | | may request a closed session hearing on the dismissal. At the | 4 | | hearing the
superintendent has the privilege of presenting | 5 | | evidence, witnesses and
defenses on the grounds for dismissal.
| 6 | | The provisions of this paragraph shall not apply to a district | 7 | | under a
Financial Oversight Panel pursuant to Section 1A-8 for | 8 | | violating a financial
plan.
| 9 | | (Source: P.A. 95-496, eff. 8-28-07.)
| 10 | | (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
| 11 | | Sec. 18-3. Tuition of children from orphanages and | 12 | | children's homes.
When the children from any home for orphans, | 13 | | dependent, abandoned or
maladjusted children maintained by any | 14 | | organization or association
admitting to such home children | 15 | | from the State in general or when children
residing in a school | 16 | | district wherein the State of Illinois maintains and
operates | 17 | | any welfare or penal institution on property owned by
the State | 18 | | of Illinois, which contains houses, housing units or housing
| 19 | | accommodations within a school district, attend grades | 20 | | kindergarten through
12 of the public schools maintained by | 21 | | that school district, the
State Superintendent of Education | 22 | | shall direct the State Comptroller to
pay a specified amount | 23 | | sufficient to pay the annual tuition cost of such
children who | 24 | | attended such public schools during the regular school year
| 25 | | ending on June 30. The
Comptroller shall pay the amount after |
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| 1 | | receipt of a voucher
submitted by the State Superintendent of | 2 | | Education.
| 3 | | The amount of the tuition for such children attending the | 4 | | public schools
of the district shall be determined by the State | 5 | | Superintendent of
Education by multiplying the number of such | 6 | | children in average daily
attendance in such schools by 1.2 | 7 | | times the total annual per capita cost of
administering the | 8 | | schools of the district. Such total annual per capita
cost | 9 | | shall be determined by totaling all expenses of the school | 10 | | district in
the educational, operations and maintenance, bond | 11 | | and interest,
transportation, Illinois municipal retirement, | 12 | | and rent funds for the
school year preceding the filing of such | 13 | | tuition claims less expenditures
not applicable to the regular | 14 | | K-12 program, less offsetting revenues from
State sources | 15 | | except those from the common school fund, less offsetting
| 16 | | revenues from federal sources except those from federal | 17 | | impaction aid, less
student and community service revenues, | 18 | | plus a depreciation allowance; and
dividing such total by the | 19 | | average daily attendance for the year.
| 20 | | Annually on or before July 15 the superintendent of the | 21 | | district shall certify to the State Superintendent of Education | 22 | | the following:
| 23 | | 1. The name of the home and of the organization or | 24 | | association
maintaining it; or the legal description of the | 25 | | real estate upon which the
house, housing units, or housing | 26 | | accommodations are located and that no
taxes or service |
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| 1 | | charges or other payments authorized by law to be made in
| 2 | | lieu of taxes were collected therefrom or on account | 3 | | thereof during either
of the calendar years included in the | 4 | | school year for which claim is being
made;
| 5 | | 2. The number of children from the home or living in | 6 | | such houses,
housing units or housing accommodations and | 7 | | attending the schools of the
district;
| 8 | | 3. The total number of children attending the schools | 9 | | of the district;
| 10 | | 4. The per capita tuition charge of the district; and
| 11 | | 5. The computed amount of the tuition payment claimed | 12 | | as due.
| 13 | | Whenever the persons in charge of such home for orphans, | 14 | | dependent, abandoned
or maladjusted children have received | 15 | | from the parent or guardian of any such
child or by virtue of | 16 | | an order of court a specific allowance for educating
such | 17 | | child, such persons shall pay to the school board in the | 18 | | district
where the child attends school such amount of the | 19 | | allowance as is necessary
to pay the tuition required by such | 20 | | district for the education of the
child. If the allowance is | 21 | | insufficient to pay the tuition in full the
State | 22 | | Superintendent of Education shall direct the Comptroller to pay | 23 | | to
the district the difference between the total tuition | 24 | | charged and the
amount of the allowance.
| 25 | | Whenever the facilities of a school district in which such | 26 | | house,
housing units or housing accommodations are located, are |
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| 1 | | limited, pupils
may be assigned by that district to the schools | 2 | | of any adjacent district to
the limit of the facilities of the | 3 | | adjacent district to properly educate
such pupils as shall be | 4 | | determined by the school board of the adjacent
district, and | 5 | | the State Superintendent of Education shall direct the
| 6 | | Comptroller to pay a specified amount sufficient to pay the | 7 | | annual tuition
of the children so assigned to and attending | 8 | | public schools in the adjacent
districts and the Comptroller | 9 | | shall draw his warrant upon the State
Treasurer for the payment | 10 | | of such amount for the benefit of the adjacent
school districts | 11 | | in the same manner as for districts in which the houses,
| 12 | | housing units or housing accommodations are located.
| 13 | | The school district shall certify to the State | 14 | | Superintendent of Education
the report of claims due for such | 15 | | tuition payments on or before
July 15. The
State Superintendent | 16 | | of Education shall direct the Comptroller to pay to the
| 17 | | district, on or before August 15, the amount due the district | 18 | | for the school
year in accordance with the calculation of the | 19 | | claim as set forth in this
Section.
| 20 | | Summer session costs shall be reimbursed based on the | 21 | | actual expenditures for providing these services. On or before | 22 | | November 1 of each year, the superintendent of each eligible | 23 | | school district shall certify to the State Superintendent of | 24 | | Education the claim of the district for the summer session | 25 | | following the regular school year just ended. The State | 26 | | Superintendent of Education shall transmit to the Comptroller |
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| 1 | | no later than December 15th of each year vouchers for payment | 2 | | of amounts due to school districts for summer session. | 3 | | Claims for tuition for children from any home for orphans | 4 | | or dependent,
abandoned, or maladjusted children beginning | 5 | | with the 1993-1994 school year
shall be paid on a current year | 6 | | basis. On September 30, December 31, and
March 31, the State | 7 | | Board of Education shall voucher payments for districts
with | 8 | | those students based on an estimated cost calculated from the | 9 | | prior
year's claim. Final claims for those students for the | 10 | | regular school term
must be received at the State Board of | 11 | | Education by July 15
following the end of the regular school | 12 | | year. Final claims for those students
shall be vouchered by | 13 | | August 30 15 . During fiscal year 1994 both the 1992-1993
school | 14 | | year and the 1993-1994 school year shall be paid in order to | 15 | | change the
cycle of payment from a reimbursement basis to a | 16 | | current year funding basis of
payment. However, | 17 | | notwithstanding any other provisions of this Section or the
| 18 | | School Code, beginning with fiscal year 1994 and each fiscal | 19 | | year thereafter, if the amount appropriated for any fiscal year | 20 | | is
less than the amount required for purposes of this Section, | 21 | | the amount required
to eliminate any insufficient | 22 | | reimbursement for each district claim under this
Section shall | 23 | | be reimbursed on August 30 of the next fiscal year. Payments | 24 | | required to eliminate any insufficiency for prior fiscal
year | 25 | | claims shall be made before any claims are paid for the current | 26 | | fiscal
year.
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| 1 | | If a school district makes a claim for reimbursement under | 2 | | Section 14-7.03 it shall not include in any claim filed under | 3 | | this Section
children residing on the property of State | 4 | | institutions included in its
claim under Section 14-7.03.
| 5 | | Any child who is not a resident of Illinois who is placed | 6 | | in a child
welfare institution, private facility, State | 7 | | operated program, orphanage
or children's home shall have the | 8 | | payment for his educational tuition and
any related services | 9 | | assured by the placing agent.
| 10 | | In order to provide services appropriate to allow a student | 11 | | under the legal
guardianship or custodianship of the State to | 12 | | participate in local school
district educational programs, | 13 | | costs may be incurred in appropriate cases by
the
district that | 14 | | are in excess of 1.2 times the district per capita tuition | 15 | | charge
allowed under the provisions of this Section. In the | 16 | | event such excess costs
are incurred, they must be documented | 17 | | in accordance with cost rules established
under the authority | 18 | | of this Section and may then be claimed for reimbursement
under | 19 | | this Section.
| 20 | | Planned services for students eligible for this funding | 21 | | must be a
collaborative effort between the appropriate State | 22 | | agency or the student's
group home or institution and the local | 23 | | school district.
| 24 | | (Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
| 25 | | (105 ILCS 5/2-3.74 rep.)
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| 1 | | (105 ILCS 5/2-3.87 rep.)
| 2 | | (105 ILCS 5/2-3.111 rep.)
| 3 | | Section 10. The School Code is amended by repealing | 4 | | Sections 2-3.74, 2-3.87, and 2-3.111.
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