Sen. Patrick Welch
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 770
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2 | AMENDMENT NO. ______. Amend House Bill 770 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 18-12 as follows:
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6 | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
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7 | 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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11 | 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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19 | 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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1 | 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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4 | 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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10 | 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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16 | 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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22 | 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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28 | 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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1 | 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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9 | forwarding to the State Superintendent of Education for | ||||||
10 | approval.
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11 | 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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18 | 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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27 | 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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32 | 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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1 | 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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6 | 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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12 | 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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14 | Superintendent of Education, in the method prescribed by the
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15 | 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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19 | 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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21 | Superintendent of Education, in the method prescribed by the
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22 | 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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25 | 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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32 | (Source: P.A. 92-661, eff. 7-16-02; 93-54, eff. 7-1-03.)
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33 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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