Sen. Kimberly A. Lightford
Filed: 5/27/2008
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1 | AMENDMENT TO HOUSE BILL 1141
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2 | AMENDMENT NO. ______. Amend House Bill 1141, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 21-29 as follows: | ||||||
7 | (105 ILCS 5/21-29)
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8 | Sec. 21-29. Salary Incentive Program for Hard-to-Staff | ||||||
9 | Schools. | ||||||
10 | (a) The Salary Incentive Program for Hard-to-Staff Schools | ||||||
11 | is established to provide categorical funding for monetary | ||||||
12 | incentives and bonuses for teachers and school administrators | ||||||
13 | who are employed by school districts in schools designated as | ||||||
14 | hard-to-staff by the State Board of Education. | ||||||
15 | For the purposes of this Section, "hard-to-staff school" | ||||||
16 | means an elementary, middle, or high school that is operated by |
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1 | a school district and that ranks in the top 5% of schools in | ||||||
2 | this State in the average rate of teacher attrition over a | ||||||
3 | 5-year period. The State Board of Education shall allocate and | ||||||
4 | distribute to qualifying schools school districts an amount as | ||||||
5 | annually appropriated by the General Assembly for the Salary | ||||||
6 | Incentive Program for Hard-to-Staff Schools. The State Board of | ||||||
7 | Education's annual budget must set out by separate line item | ||||||
8 | the appropriation for the program. Only teachers and principals | ||||||
9 | who work full time and for a full school year are eligible for | ||||||
10 | the incentives and bonuses. | ||||||
11 | (b) Unless otherwise provided by appropriation, each | ||||||
12 | school's school district's annual allocation under the Salary | ||||||
13 | Incentive Program for Hard-to-Staff Schools shall be the sum of | ||||||
14 | the following incentives and bonuses: | ||||||
15 | (1) An annual payment of $3,000 to be paid to each | ||||||
16 | certificated teacher employed as a school teacher by the a | ||||||
17 | school district. The school district shall distribute this | ||||||
18 | payment to each eligible teacher as a single payment or in | ||||||
19 | not more than 3 payments. | ||||||
20 | (2) An annual payment of $5,000 to each certificated | ||||||
21 | principal that is employed as a school principal by the a | ||||||
22 | school district. The school district shall distribute this | ||||||
23 | payment to each eligible principal as a single payment or | ||||||
24 | in not more than 3 payments. | ||||||
25 | If the appropriation in a given fiscal year is insufficient | ||||||
26 | to meet all needs under this Section, then claims under this |
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1 | Section must be prorated proportionally. | ||||||
2 | (c) Each regional superintendent of schools shall provide | ||||||
3 | information about the Salary Incentive Program for | ||||||
4 | Hard-to-Staff Schools to each individual seeking to register or | ||||||
5 | renew a certificate.
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6 | (d) The State Board of Education, the Teachers' Retirement | ||||||
7 | System of the State of Illinois, and the Public School | ||||||
8 | Teachers' Pension and Retirement Fund of Chicago shall work | ||||||
9 | together to validate data for the purposes of this Section as | ||||||
10 | necessary. | ||||||
11 | (Source: P.A. 95-707, eff. 1-11-08.) | ||||||
12 | Section 10. If and only if Senate Bill 2042 of the 95th | ||||||
13 | General Assembly becomes law, the School Code is amended by | ||||||
14 | changing Sections 10-20.12a and 14-7.05 as follows:
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15 | (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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16 | Sec. 10-20.12a. Tuition for non-resident pupils. | ||||||
17 | (a) To charge non-resident pupils who attend the schools of | ||||||
18 | the district
tuition in an amount not exceeding 110% of the per | ||||||
19 | capita
cost of maintaining the schools of the district for the | ||||||
20 | preceding school year.
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21 | Such per capita cost shall be computed by dividing the | ||||||
22 | total cost of
conducting and maintaining the schools of the | ||||||
23 | district by the average daily
attendance, including tuition | ||||||
24 | pupils. Depreciation on the buildings and
equipment of the |
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1 | schools of the district, and the amount of annual
depreciation | ||||||
2 | on such buildings and equipment shall be dependent upon the
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3 | useful life of such property.
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4 | The tuition charged shall in no case exceed 110% of the per | ||||||
5 | capita
cost of conducting and maintaining the schools of the | ||||||
6 | district attended, as
determined
with reference to the most | ||||||
7 | recent audit prepared under Section 3-7 which is
available at | ||||||
8 | the commencement of the current school year.
Non-resident | ||||||
9 | pupils attending the schools of the district
for less than the
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10 | school term shall have their tuition apportioned, however | ||||||
11 | pupils who become
non-resident during a school term shall not | ||||||
12 | be charged tuition for the
remainder of the school term in | ||||||
13 | which they became non-resident pupils.
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14 | (b) Unless otherwise agreed to by the parties involved and | ||||||
15 | where the
educational services are not otherwise provided for, | ||||||
16 | educational services
for an Illinois student under the age of | ||||||
17 | 21 (and not eligible for services pursuant to Article 14 of | ||||||
18 | this Code) in any residential program
shall be provided by
the | ||||||
19 | district in which the facility is located and financed as | ||||||
20 | follows. The
cost of educational services shall be paid by the | ||||||
21 | district in which the
student resides in an amount equal to the | ||||||
22 | cost of providing educational
services in the residential | ||||||
23 | facility. Payments shall be made by the district
of the | ||||||
24 | student's residence and shall be made to the district wherein | ||||||
25 | the
facility is located no less than once per month unless | ||||||
26 | otherwise agreed to
by the parties. |
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1 | The funding provision of this subsection (b) applies to all | ||||||
2 | Illinois students under the age of 21 (and not eligible for | ||||||
3 | services pursuant to Article 14 of this Code) receiving | ||||||
4 | educational services in residential facilities, irrespective | ||||||
5 | of whether the student was placed therein pursuant to this Code | ||||||
6 | or the Juvenile Court Act of 1987 or by an Illinois public | ||||||
7 | agency or a court. Nothing in this Section shall be construed | ||||||
8 | to relieve the district of the student's residence of financial | ||||||
9 | responsibility based on the manner in which the student was | ||||||
10 | placed at the facility. The changes to this subsection (b) made | ||||||
11 | by this amendatory Act of the 95th General Assembly apply to | ||||||
12 | all placements in effect on July 1, 2007 and all placements | ||||||
13 | thereafter. For purposes of this subsection (b), a student's | ||||||
14 | district of residence shall be determined in accordance with | ||||||
15 | subsection (a) of Section 10-20.12b of this Code. The placement | ||||||
16 | of a student in a residential facility shall not affect the | ||||||
17 | residency of the student. When a dispute arises over the | ||||||
18 | determination of the district of residence under this | ||||||
19 | subsection (b), any person or entity, including without | ||||||
20 | limitation a school district or residential facility, may make | ||||||
21 | a written request for a residency decision to the State | ||||||
22 | Superintendent of Education, who, upon review of materials | ||||||
23 | submitted and any other items or information he or she may | ||||||
24 | request for submission, shall issue his or her decision in | ||||||
25 | writing. The decision of the State Superintendent of Education | ||||||
26 | is final.
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1 | (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98; | ||||||
2 | 95SB2042enr.)
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3 | (105 ILCS 5/14-7.05)
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4 | Sec. 14-7.05. Placement in residential facility; payment | ||||||
5 | of educational costs. For any student with a disability in a | ||||||
6 | residential facility placement made or paid for by an Illinois | ||||||
7 | public State agency or made by any court in this State, the | ||||||
8 | school district of residence as determined pursuant to this | ||||||
9 | Article is responsible for the costs of educating the child and | ||||||
10 | shall be reimbursed for those costs in accordance with this | ||||||
11 | Code. Subject to the this Section and relevant State | ||||||
12 | appropriation, the resident district's financial | ||||||
13 | responsibility and reimbursement must be calculated in | ||||||
14 | accordance with the provisions of Section 14-7.02 of this Code. | ||||||
15 | In those instances in which a district receives a block grant | ||||||
16 | pursuant to Article 1D of this Code, the district's financial | ||||||
17 | responsibility is limited to the actual educational costs of | ||||||
18 | the placement, which must be paid by the district from its | ||||||
19 | block grant appropriation. Resident district financial | ||||||
20 | responsibility and reimbursement applies for both residential | ||||||
21 | facilities that are approved by the State Board of Education | ||||||
22 | and non-approved facilities, subject to the requirements of | ||||||
23 | this Section. The Illinois placing agency or court remains | ||||||
24 | responsible for funding the residential portion of the | ||||||
25 | placement and for notifying the resident district prior to the |
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1 | placement, except in emergency situations. The residential | ||||||
2 | facility in which the student is placed shall notify the | ||||||
3 | resident district of the student's enrollment as soon as | ||||||
4 | practicable after the placement. Failure of the placing agency | ||||||
5 | or court to notify the resident district prior to the placement | ||||||
6 | does not absolve the resident district of financial | ||||||
7 | responsibility for the educational costs of the placement; | ||||||
8 | however, the resident district shall not become financially | ||||||
9 | responsible unless and until it receives written notice of the | ||||||
10 | placement by either the placing agency, court, or residential | ||||||
11 | facility. The placing agency or parent shall request an | ||||||
12 | individualized education program (IEP) meeting from the | ||||||
13 | resident district if the placement would entail additional | ||||||
14 | educational services beyond the student's current IEP. The | ||||||
15 | district of residence shall retain control of the IEP process, | ||||||
16 | and any changes to the IEP must be done in compliance with the | ||||||
17 | federal Individuals with Disabilities Education Act. | ||||||
18 | Payments shall be made by the resident district to the | ||||||
19 | entity providing the educational services, whether the entity | ||||||
20 | is the residential facility or the school district wherein the | ||||||
21 | facility is located, no less than once per quarter unless | ||||||
22 | otherwise agreed to in writing by the parties. | ||||||
23 | A residential facility providing educational services | ||||||
24 | within the facility, but not approved by the State Board of | ||||||
25 | Education, is required to demonstrate proof to the State Board | ||||||
26 | of (i) appropriate certification of teachers for the student |
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1 | population, (ii) age-appropriate curriculum, (iii) enrollment | ||||||
2 | and attendance data, and (iv) the ability to implement the | ||||||
3 | child's IEP. A school district is under no obligation to pay | ||||||
4 | such a residential facility unless and until such proof is | ||||||
5 | provided to the State Board's satisfaction. | ||||||
6 | When a dispute arises over the determination of the | ||||||
7 | district of residence under this Section, any person or entity, | ||||||
8 | including without limitation a school district or residential | ||||||
9 | facility, may make a written request for a residency decision | ||||||
10 | to the State Superintendent of Education, who, upon review of | ||||||
11 | materials submitted and any other items of information he or | ||||||
12 | she may request for submission, shall issue his or her decision | ||||||
13 | in writing. The decision of the State Superintendent of | ||||||
14 | Education is final.
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15 | (Source: 95SB2042enr.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law, except that Section 10 takes effect upon becoming | ||||||
18 | law or on the effective date of Senate Bill 2042 of the 95th | ||||||
19 | General Assembly, whichever is later.".
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