HB4850ham002 97TH GENERAL ASSEMBLY

Rep. Thomas Morrison

Filed: 3/26/2012

09700HB4850ham002 LRB097 17484 RPM 68079 a

AMENDMENT TO HOUSE BILL 4850

AMENDMENT NO. ______. Amend House Bill 4850 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-30 and 34-21.9 as follows:

(105 ILCS 5/10-30 new)

Sec. 10-30. Mandate compliance; delayed State payments.

(a) If any payments from the State to a school district are delayed, then the school district is not obligated to comply with the following statutory mandates during that time:

(1) State assessments for writing;

(2) requirements for school districts to identify, track, and report on the educational progress and outcomes of dropouts who have re-enrolled in school, as required by subsection (e) of Section 26-2 of this Code;

(3) requirements for school districts to use 5% biodiesel fuel in their busses, as required by Section 12-705.1 of the Illinois Vehicle Code;

(4) requirements for school districts to have the designated integrated pest management person attend a training course, as required by Section 10.2 of the Structural Pest Control Act;

(5) requirements that school districts provide summer breakfast or lunch programs for the duration of their summer school program in each school that has at least 50% of the students eligible for free or reduced-price lunch, as required by Section 20 of the Childhood Hunger Relief Act;

(6) requirements that school districts that apply for school construction grants receive certification from a green building rating system, as required by Section 5-40 of the School Construction Law;

(7) requirements on school districts that construction projects meet all energy and environmental standards as required by the Green Buildings Act;

(8) requirements that school districts grant 20 days of paid leave of absence for any employee that serves as a trustee on the Illinois Municipal Retirement Fund's Board of Trustees, as required by Section 24-6.3 of this Code; and

(9) requirements for driver education, as required by the Driver Education Act, Sections 27-24 through 27-24.8 of this Code.

(b) If payments are delayed as described in subsection (a) of this Section, then a school district may choose to discontinue or modify any of the mandated activities listed under subsection (a) of this Section. Official action by the school board must take place before a school district may choose to discontinue a mandated activity due to delayed payments from the State. If a school district discontinues or modifies a mandated activity due to delayed payments from the State, then the school district shall maintain a list of all discontinued or modified activities. The list shall be provided to the State Board of Education upon request.

(105 ILCS 5/34-21.9 new)

Sec. 34-21.9. Mandate compliance; delayed State payments.

(a) If any payments from the State to a school district are delayed, then the school district is not obligated to comply with the following statutory mandates during that time:

(1) State assessments beyond what is federally required by the Elementary and Secondary Education Act of 1965;

(2) requirements for school districts to identify, track, and report on the educational progress and outcomes of dropouts who have re-enrolled in school, as required by subsection (e) of Section 26-2 of this Code;

(3) requirements for school districts to use 5% biodiesel fuel in their busses, as required by Section 12-705.1 of the Illinois Vehicle Code;

(4) requirements for school districts to have the designated integrated pest management person attend a training course, as required by Section 10.2 of the Structural Pest Control Act;

(5) requirements that school districts provide summer breakfast or lunch programs for the duration of their summer school program in each school that has at least 50% of the students eligible for free or reduced-price lunch, as required by Section 20 of the Childhood Hunger Relief Act;

(6) requirements that school districts that apply for school construction grants receive certification from a green building rating system, as required by Section 5-40 of the School Construction Law;

(7) requirements on school districts that construction projects meet all energy and environmental standards as required by the Green Buildings Act;

(8) requirements that school districts grant 20 days of paid leave of absence for any employee that serves as a trustee on the Illinois Municipal Retirement Fund's Board of Trustees, as required by Section 24-6.3 of this Code; and

(9) requirements for driver education, as required by the Driver Education Act, Sections 27-24 through 27-24.8 of this Code.

(b) If payments are delayed as described in subsection (a) of this Section, then a school district may choose to discontinue or modify any of the mandated activities listed under subsection (a) of this Section. Official action by the school board must take place before a school district may choose to discontinue a mandated activity due to delayed payments from the State. If a school district discontinues or modifies a mandated activity due to delayed payments from the State, then the school district shall maintain a list of all discontinued or modified activities. The list shall be provided to the State Board of Education upon request.

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