093_SB1038enr
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1 AN ACT regarding schools.
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 Section 18-12 as follows:
6 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
7 Sec. 18-12. Dates for filing State aid claims. The
8 school board of each school district shall require teachers,
9 principals, or superintendents to furnish from records kept
10 by them such data as it needs in preparing and certifying
11 under oath or affirmation to the regional superintendent its
12 school district report of claims provided in Sections 18-8.05
13 18-8 through 18-10 as required on blanks to be provided by
14 the State Superintendent of Education. The district claim
15 shall be based on the latest available equalized assessed
16 valuation and tax rates, as provided in Section 18-8.05 and
17 shall use the average daily attendance as determined by the
18 method outlined in Section 18-8.05 and shall be certified and
19 filed with the regional superintendent by June 21 for
20 districts with an official school calendar end date before
21 June 15 or within 2 weeks following the official school
22 calendar end date for districts with a school year end date
23 of June 15 or later. The regional superintendent shall
24 certify and file with the State Superintendent of Education
25 district State aid claims by July 1 for districts with an
26 official school calendar end date before June 15 or no later
27 than July 15 for districts with an official school calendar
28 end date of June 15 or later July 1. Failure to so file by
29 these deadlines July 1 constitutes a forfeiture of the right
30 to receive payment by the State until such claim is filed and
31 vouchered for payment. The regional superintendent of
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1 schools shall certify the county report of claims by July 15;
2 and the State Superintendent of Education shall voucher for
3 payment those claims to the State Comptroller as provided in
4 Section 18-11.
5 Except as otherwise provided in this Section, if any
6 school district fails to provide the minimum school term
7 specified in Section 10-19, the State aid claim for that year
8 shall be reduced by the State Superintendent of Education in
9 an amount equivalent to .56818% for each day less than the
10 number of days required by this Code.
11 If the State Superintendent of Education determines that
12 the failure to provide the minimum school term was occasioned
13 by an act or acts of God, or was occasioned by conditions
14 beyond the control of the school district which posed a
15 hazardous threat to the health and safety of pupils, the
16 State aid claim need not be reduced.
17 If the State Superintendent of Education determines that
18 the failure to provide the minimum school term was due to a
19 school being closed on or after September 11, 2001 for more
20 than one-half day of attendance due to a bioterrorism or
21 terrorism threat that was investigated by a law enforcement
22 agency, the State aid claim shall not be reduced.
23 If, during any school day, (i) a school district has
24 provided at least one clock hour of instruction but must
25 close the schools due to adverse weather conditions or due to
26 a condition beyond the control of the school district that
27 poses a hazardous threat to the health and safety of pupils
28 prior to providing the minimum hours of instruction required
29 for a full day of attendance, or (ii) the school district
30 must delay the start of the school day due to adverse weather
31 conditions and this delay prevents the district from
32 providing the minimum hours of instruction required for a
33 full day of attendance, the partial day of attendance may be
34 counted as a full day of attendance. The partial day of
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1 attendance and the reasons therefor shall be certified in
2 writing within a month of the closing or delayed start by the
3 local school district superintendent to the Regional
4 Superintendent of Schools for forwarding to the State
5 Superintendent of Education for approval.
6 If a school building is ordered to be closed by the
7 school board, in consultation with a local emergency response
8 agency, due to a condition that poses a hazardous threat to
9 the health and safety of pupils, then the school district
10 shall have a grace period of 4 days in which the general
11 State aid claim shall not be reduced so that alternative
12 housing of the pupils may be located.
13 No exception to the requirement of providing a minimum
14 school term may be approved by the State Superintendent of
15 Education pursuant to this Section unless a school district
16 has first used all emergency days provided for in its regular
17 calendar.
18 If the State Superintendent of Education declares that an
19 energy shortage exists during any part of the school year for
20 the State or a designated portion of the State, a district
21 may operate the school attendance centers within the district
22 4 days of the week during the time of the shortage by
23 extending each existing school day by one clock hour of
24 school work, and the State aid claim shall not be reduced,
25 nor shall the employees of that district suffer any reduction
26 in salary or benefits as a result thereof. A district may
27 operate all attendance centers on this revised schedule, or
28 may apply the schedule to selected attendance centers, taking
29 into consideration such factors as pupil transportation
30 schedules and patterns and sources of energy for individual
31 attendance centers.
32 No State aid claim may be filed for any district unless
33 the district superintendent clerk or secretary of the school
34 board executes and files with the State Superintendent of
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1 Education, in the method on forms prescribed by the
2 Superintendent, certification a sworn statement that the
3 district has complied with the requirements of Section
4 10-22.5 in regard to the nonsegregation of pupils on account
5 of color, creed, race, sex or nationality.
6 No State aid claim may be filed for any district unless
7 the district superintendent clerk or secretary of the school
8 board executes and files with the State Superintendent of
9 Education, in the method on forms prescribed by the
10 Superintendent, a sworn statement that to the best of his or
11 her knowledge or belief the employing or assigning personnel
12 have complied with Section 24-4 in all respects.
13 Electronically submitted State aid claims shall be
14 submitted by duly authorized district or regional individuals
15 over a secure network that is password protected. The
16 electronic submission of a State aid claim must be
17 accompanied with an affirmation that all of the provisions of
18 Sections 18-8.05 through 18-10, 10-22.5, and 24-4 of this
19 Code are met in all respects.
20 (Source: P.A. 92-661, eff. 7-16-02.)
21 Section 99. Effective date. This Act takes effect on
22 July 1, 2003.