Public Act 097-0256
 
HB3464 EnrolledLRB097 10098 NHT 50278 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Sections 
2-3.11c, 10-20.47, 10-21.4, 18-3, and 34-18.38 as follows:
 



    (105 ILCS 5/2-3.11c)



    Sec. 2-3.11c. Teacher supply and demand report. Through 
January 1, 2009, to report annually, on or
before January 1,
on 
the relative supply and demand for
education staff of the 
public schools
to the Governor, to the General Assembly, and to 
institutions
of higher education that prepare teachers, 
administrators, school service
personnel, other certificated 
individuals, and other professionals employed by
school 
districts or joint agreements. After the report due on January 
1, 2009 is submitted, future reports shall be submitted once 
every 3 years, with the first report being submitted on or 
before January 1, 2012 2011.  The report shall contain the 
following
information:


        (1) the relative supply and demand for teachers, 
    administrators, and
other certificated and 
    non-certificated personnel by field, content area, and

    levels;


        (2) State and regional analyses of fields, content 
    areas, and levels with
an
over-supply or under-supply of 
    educators; and


        (3) projections of likely high demand
and low demand 
    for educators, in a manner sufficient to advise the public,

    individuals, and institutions regarding career 
    opportunities in education.

(Source: P.A. 96-734, eff. 8-25-09.)

 
    (105 ILCS 5/10-20.47)
    Sec. 10-20.47. Administrator and teacher salary and 
benefits; report. Each school board shall report to the State 
Board of Education, on or before October July 1 of each year, 
the base salary and benefits of the district superintendent and 
all administrators and teachers employed by the school 
district.  For the purposes of this Section, "benefits" includes 
without limitation vacation days, sick days, bonuses, 
annuities, and retirement enhancements.

    Prior to this annual reporting to the State Board of 
Education, the information must be presented at a regular 
school board meeting, subject to applicable notice 
requirements, and then posted on the Internet website of the 
school district, if any. 
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 



    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)



    Sec. 10-21.4. Superintendent - Duties. Except in districts

in which there is only one school with less than four
teachers, 
to employ a superintendent who shall have charge
of the 
administration of the schools under the direction of
the board 
of education.  In addition to the administrative
duties, the 
superintendent shall make recommendations to
the board 
concerning the budget, building plans, the
locations of sites, 
the selection, retention and dismissal of teachers
and all 
other employees, the selection of textbooks, instructional 
material
and courses of study.
However, in districts under a 
Financial Oversight Panel pursuant to
Section 1A-8 for 
violating a financial plan, the duties and responsibilities of

the superintendent in relation to the financial and business 
operations of the
district shall be approved by the Panel. In 
the event the Board refuses or
fails to follow a directive or 
comply with an information request of the Panel,
the 
performance of those duties shall be subject to the direction 
of the
Panel.
The superintendent shall also notify the State 
Board
of Education, the board and the chief administrative 
official, other than
the alleged perpetrator himself, in the 
school where the alleged
perpetrator serves, that any person 
who is employed in a school or
otherwise comes into frequent 
contact with children
in the school has been named as a 
perpetrator in an indicated report filed
pursuant to the Abused 
and Neglected Child Reporting Act, approved June 26,
1975, as 
amended.  The superintendent shall keep or cause to be kept the

records and accounts as directed and required by the board, aid 
in making
reports required by the board, and perform such other 
duties as the board
may delegate to him.

    In addition, each year at a time designated by the State 
Superintendent of Education in January of each year,
each

superintendent shall report to the State Board of Education the 
number of high school students in the
district who are enrolled 
in accredited courses (for which high school
credit will be 
awarded upon successful completion of the courses) at any

community college, together with the name and number of the 
course or
courses which each such student is taking.

    The provisions of this section shall also apply to
board of 
director districts.

    Notice of intent not to renew
a contract must be given in 
writing stating the
specific reason therefor by April 1 of the 
contract
year unless the contract specifically provides 
otherwise.
Failure to do so will automatically extend the 
contract
for an additional year.  Within 10 days after receipt 
of
notice of intent not to renew a contract, the superintendent

may request a closed session hearing on the dismissal.  At the 
hearing the
superintendent has the privilege of presenting 
evidence, witnesses and
defenses on the grounds for dismissal.

The provisions of this paragraph shall not apply to a district 
under a
Financial Oversight Panel pursuant to Section 1A-8 for 
violating a financial
plan.

(Source: P.A. 95-496, eff. 8-28-07.)

 
    (105 ILCS 5/18-3)  (from Ch. 122, par. 18-3)

    Sec. 18-3. Tuition of children from orphanages and 
children's homes.
When the children from any home for orphans, 
dependent, abandoned or
maladjusted children maintained by any 
organization or association
admitting to such home children 
from the State in general or when children
residing in a school 
district wherein the State of Illinois maintains and
operates 
any welfare or penal institution on property owned by
the State 
of Illinois, which contains houses, housing units or housing

accommodations within a school district, attend grades 
kindergarten through
12 of the public schools maintained by 
that school district, the
State Superintendent of Education 
shall direct the State Comptroller to
pay a specified amount 
sufficient to pay the annual tuition cost of such
children who 
attended such public schools during the regular school year

ending on June 30. The
Comptroller shall pay the amount after 
receipt of a voucher
submitted by the State Superintendent of 
Education.


    The amount of the tuition for such children attending the 
public schools
of the district shall be determined by the State 
Superintendent of
Education by multiplying the number of such 
children in average daily
attendance in such schools by 1.2 
times the total annual per capita cost of
administering the 
schools of the district. Such total annual per capita
cost 
shall be determined by totaling all expenses of the school 
district in
the educational, operations and maintenance, bond 
and interest,
transportation, Illinois municipal retirement, 
and rent funds for the
school year preceding the filing of such 
tuition claims less expenditures
not applicable to the regular 
K-12 program, less offsetting revenues from
State sources 
except those from the common school fund, less offsetting

revenues from federal sources except those from federal 
impaction aid, less
student and community service revenues, 
plus a depreciation allowance; and
dividing such total by the 
average daily attendance for the year.


    Annually on or before July 15 the superintendent of the 
district shall certify to the State Superintendent of Education 
the following:


        1. The name of the home and of the organization or 
    association
maintaining it; or the legal description of the 
    real estate upon which the
house, housing units, or housing 
    accommodations are located and that no
taxes or service 
    charges or other payments authorized by law to be made in

    lieu of taxes were collected therefrom or on account 
    thereof during either
of the calendar years included in the 
    school year for which claim is being
made;


        2. The number of children from the home or living in 
    such houses,
housing units or housing accommodations and 
    attending the schools of the
district;


        3. The total number of children attending the schools 
    of the district;


        4. The per capita tuition charge of the district; and


        5. The computed amount of the tuition payment claimed 
    as due.


    Whenever the persons in charge of such home for orphans, 
dependent, abandoned
or maladjusted children have received 
from the parent or guardian of any such
child or by virtue of 
an order of court a specific allowance for educating
such 
child, such persons shall pay to the school board in the 
district
where the child attends school such amount of the 
allowance as is necessary
to pay the tuition required by such 
district for the education of the
child. If the allowance is 
insufficient to pay the tuition in full the
State 
Superintendent of Education shall direct the Comptroller to pay 
to
the district the difference between the total tuition 
charged and the
amount of the allowance.


    Whenever the facilities of a school district in which such 
house,
housing units or housing accommodations are located, are 
limited, pupils
may be assigned by that district to the schools 
of any adjacent district to
the limit of the facilities of the 
adjacent district to properly educate
such pupils as shall be 
determined by the school board of the adjacent
district, and 
the State Superintendent of Education shall direct the

Comptroller to pay a specified amount sufficient to pay the 
annual tuition
of the children so assigned to and attending 
public schools in the adjacent
districts and the Comptroller 
shall draw his warrant upon the State
Treasurer for the payment 
of such amount for the benefit of the adjacent
school districts 
in the same manner as for districts in which the houses,

housing units or housing accommodations are located.


    The school district shall certify to the State 
Superintendent of Education
the report of claims due for such 
tuition payments on or before
July 15.  The
State Superintendent 
of Education shall direct the Comptroller to pay to the

district, on or before August 15, the amount due the district 
for the school
year in accordance with the calculation of the 
claim as set forth in this
Section.


    Summer session costs shall be reimbursed based on the 
actual expenditures for providing these services.  On or before 
November 1 of each year, the superintendent of each eligible 
school district shall certify to the State Superintendent of 
Education the claim of the district for the summer session 
following the regular school year just ended. The State 
Superintendent of Education shall transmit to the Comptroller 
no later than December 15th of each year vouchers for payment 
of amounts due to school districts for summer session. 
    Claims for tuition for children from any home for orphans 
or dependent,
abandoned, or maladjusted children beginning 
with the 1993-1994 school year
shall be paid on a current year 
basis.  On September 30, December 31, and
March 31, the State 
Board of Education shall voucher payments for districts
with 
those students based on an estimated cost calculated from the 
prior
year's claim.  Final claims for those students for the 
regular school term
 must be received at the State Board of 
Education by July 15
following the end of the regular school 
year.  Final claims for those students
shall be vouchered by 
August 30 15.  During fiscal year 1994 both the 1992-1993
school 
year and the 1993-1994 school year shall be paid in order to 
change the
cycle of payment from a reimbursement basis to a 
current year funding basis of
payment.  However, 
notwithstanding any other provisions of this Section or the

School Code, beginning with fiscal year 1994 and each fiscal 
year thereafter, if the amount appropriated for any fiscal year 
is
less than the amount required for purposes of this Section, 
the amount required
to eliminate any insufficient 
reimbursement for each district claim under this
Section shall 
be reimbursed on August 30 of the next fiscal year. Payments 
required to eliminate any insufficiency for prior fiscal
year 
claims shall be made before any claims are paid for the current 
fiscal
year.


    If a school district makes a claim for reimbursement under 
Section 14-7.03 it shall not include in any claim filed under 
this Section
children residing on the property of State 
institutions included in its
claim under Section 14-7.03.


    Any child who is not a resident of Illinois who is placed 
in a child
welfare institution, private facility, State 
operated program, orphanage
or children's home shall have the 
payment for his educational tuition and
any related services 
assured by the placing agent.


    In order to provide services appropriate to allow a student 
under the legal
guardianship or custodianship of the State to 
participate in local school
district educational programs, 
costs may be incurred in appropriate cases by
the
district that 
are in excess of 1.2 times the district per capita tuition 
charge
allowed under the provisions of this Section.  In the 
event such excess costs
are incurred, they must be documented 
in accordance with cost rules established
under the authority 
of this Section and may then be claimed for reimbursement
under 
this Section.


    Planned services for students eligible for this funding 
must be a
collaborative effort between the appropriate State 
agency or the student's
group home or institution and the local 
school district.


(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)

 


    (105 ILCS 5/34-18.38)


    Sec. 34-18.38. Administrator and teacher salary and 
benefits; report. The board shall report to the State Board of 
Education, on or before October July 1 of each year, the base 
salary and benefits of the general superintendent of schools or 
chief executive officer and all administrators and teachers 
employed by the school district.  For the purposes of this 
Section, "benefits" includes without limitation vacation days, 
sick days, bonuses, annuities, and retirement enhancements.

    Prior to this annual reporting to the State Board of 
Education, the information must be presented at a regular board 
meeting, subject to applicable notice requirements, and then 
posted on the Internet website of the school district, if any. 
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)

 
    (105 ILCS 5/2-3.74 rep.)

    (105 ILCS 5/2-3.87 rep.)


    (105 ILCS 5/2-3.111 rep.)

    (105 ILCS 5/10-20.50 rep.)
    (105 ILCS 5/10-21.6 rep.)
    (105 ILCS 5/34-18.41 rep.)
    Section 10. The School Code is amended  by repealing 
Sections 2-3.74, 2-3.87, 2-3.111, 10-20.50, 10-21.6, and 
34-18.41.


Effective Date:  1/1/2012