State of Illinois
92nd General Assembly
Legislation

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92_HB4991

 
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 1        AN ACT respecting 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
 5    Sections 7-02, 9-13, and 18-12 as follows:

 6        (105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
 7        Sec.  7-02.  Limitations.  The provisions of this Article
 8    providing for the change in  school  district  boundaries  by
 9    detachment,  annexation,  division  or dissolution, or by any
10    combination of those methods, are subject to  the  provisions
11    of this Section.  Whenever due to fire, explosion, tornado or
12    unpredictable  emergency  any Act of God the school buildings
13    or one or more of the principal school  buildings  comprising
14    an  attendance  center within a school district are destroyed
15    or substantially destroyed  and  rendered  unfit  for  school
16    purposes,  the  provisions  of  this  Article  shall  not  be
17    available  to  permit  a  division  of  that  district,  or a
18    dissolution, detachment or annexation of any part thereof, or
19    any combination of such results during a period from the date
20    of such destruction or substantial destruction until 30  days
21    after  the second regular election of board members following
22    such destruction or substantial destruction.  Nothing in this
23    Section shall be deemed to  prohibit  the  combining  of  the
24    entire  district  with  another entire district or with other
25    entire  districts  during  such  period   pursuant   to   the
26    provisions of Article 11A or 11B.
27    (Source: P.A. 85-833.)

28        (105 ILCS 5/9-13) (from Ch. 122, par. 9-13)
29        Sec. 9-13.  Public measure - Ballot. More than one public
30    measure   may   be   submitted  upon  the  same  ballot.  The
 
                            -2-                LRB9213142NTsb
 1    proposition of purchasing  one  or  more  schoolhouse  sites,
 2    building  one or more new schoolhouses, and issuing bonds for
 3    the purpose of  borrowing  money  to  purchase  one  or  more
 4    schoolhouse  sites  and to build one or more new schoolhouses
 5    or  make  additions  and  improvements  to  existing   school
 6    buildings,  may  be combined into one or more propositions on
 7    the ballot.  No  proposition  under  this  Section  which  is
 8    substantially  the  same  shall  be  submitted more than once
 9    every 2 months, except where the proposition is submitted  as
10    a  consequence  of  a  disaster,  calamity  or  unpredictable
11    emergency other Act of God.
12    (Source: P.A. 81-1489.)

13        (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
14        Sec.  18-12.  Dates  for  filing  State aid claims.)  The
15    school board of each school district shall require  teachers,
16    principals,  or  superintendents to furnish from records kept
17    by them such data as it needs  in  preparing  and  certifying
18    under  oath or affirmation to the regional superintendent its
19    school district report of claims provided  in  Sections  18-8
20    through   18-10  on  blanks  to  be  provided  by  the  State
21    Superintendent of Education.  The  district  claim  shall  be
22    based  on  the  latest available equalized assessed valuation
23    and tax rates, as provided in Section 18-8 and shall use  the
24    average daily attendance as determined by the method outlined
25    in  Section  18-8  and  shall be certified and filed with the
26    regional superintendent by July 1.  Failure  to  so  file  by
27    July  1  constitutes  a  forfeiture  of  the right to receive
28    payment by the State until such claim is filed and  vouchered
29    for  payment.   The  regional superintendent of schools shall
30    certify the county report of claims by July 15; and the State
31    Superintendent of Education shall voucher for  payment  those
32    claims to the State Comptroller as provided in Section 18-11.
33        If  any  school  district  fails  to  provide the minimum
 
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 1    school term specified in Section 10-19, the State  aid  claim
 2    for that year shall be reduced by the State Superintendent of
 3    Education  in  an  amount  equivalent to .56818% for each day
 4    less than the number of days required by this Act.   However,
 5    if the State Superintendent of Education determines that such
 6    failure  to provide the minimum school term was occasioned by
 7    an unpredictable  emergency  act  or  acts  of  God,  or  was
 8    occasioned  by  conditions  beyond  the control of the school
 9    district which posed a hazardous threat  to  the  health  and
10    safety of pupils, the State aid claim need not be reduced.
11        If,  during  any  school  day,  (i) a school district has
12    provided at least one clock  hour  of  instruction  but  must
13    close  the schools due to adverse weather conditions prior to
14    providing the minimum hours of  instruction  required  for  a
15    full  day  of  attendance,  or  (ii) the school district must
16    delay the start of the school  day  due  to  adverse  weather
17    conditions   and   this  delay  prevents  the  district  from
18    providing the minimum hours of  instruction  required  for  a
19    full  day of attendance, the partial day of attendance may be
20    counted as a full day  of  attendance.  The  partial  day  of
21    attendance  and  the  reasons  therefor shall be certified in
22    writing within a month of the closing or delayed start by the
23    local  school  district  superintendent   to   the   Regional
24    Superintendent   of  Schools  for  forwarding  to  the  State
25    Superintendent of Education for approval.
26        No exception to the requirement of  providing  a  minimum
27    school  term  may  be approved by the State Superintendent of
28    Education pursuant to this Section unless a  school  district
29    has first used all emergency days provided for in its regular
30    calendar.
31        If the State Superintendent of Education declares that an
32    energy shortage exists during any part of the school year for
33    the  State  or  a designated portion of the State, a district
34    may operate the school attendance centers within the district
 
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 1    4 days of the  week  during  the  time  of  the  shortage  by
 2    extending  each  existing  school  day  by  one clock hour of
 3    school work, and the State aid claim shall  not  be  reduced,
 4    nor shall the employees of that district suffer any reduction
 5    in  salary  or  benefits  as a result thereof. A district may
 6    operate all attendance centers on this revised  schedule,  or
 7    may apply the schedule to selected attendance centers, taking
 8    into  consideration  such  factors  as  pupil  transportation
 9    schedules  and  patterns and sources of energy for individual
10    attendance centers.
11        No State aid claim may be filed for any  district  unless
12    the clerk or secretary of the school board executes and files
13    with   the   State  Superintendent  of  Education,  on  forms
14    prescribed by the Superintendent, a sworn statement that  the
15    district  has  complied  with  the  requirements  of  Section
16    10-22.5  in regard to the nonsegregation of pupils on account
17    of color, creed, race, sex or nationality.
18        No State aid claim may be filed for any  district  unless
19    the clerk or secretary of the school board executes and files
20    with   the   State  Superintendent  of  Education,  on  forms
21    prescribed by the Superintendent, a sworn statement  that  to
22    the  best  of his or her knowledge or belief the employing or
23    assigning personnel have complied with Section  24-4  in  all
24    respects.
25    (Source: P.A. 90-98, eff. 7-11-97.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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