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92nd General Assembly

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Public Act 92-0661

HB3673 Enrolled                                LRB9211036NTpk

    AN ACT in relation to schools.

    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 18-9 and 18-12 as follows:

    (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
    Sec.  18-9.  Requirement  for  special  equalization  and
supplementary State aid.
    (a)  Any school district claiming an  equalization  quota
may   not  increase  its  annual  net  cash  balance  in  the
educational fund for the fiscal school  year  by  failing  to
expend  for educational purposes the total of (1) the general
grant,  (2)  the  equalization  quota,  and  (3)  the  amount
determined by applying the qualifying rate to  the  equalized
assessed  valuation  of  the  district.   Any  district which
increases such annual net cash balance by failing  to  expend
the  amount  received  from the sum of (1) the general grant,
(2) the equalization quota, and (3) the amount determined  by
applying  the  qualifying  rate  to  the  equalized  assessed
valuation  of  the district, shall have its next claim for an
equalization  quota  reduced  in  an  amount  equal  to   the
difference  between its expenditures for educational purposes
and that sum.
    Current expenditures made in  any  district  receiving  a
special  equalization  quota  and  governed  by  a  board  of
directors  must  be  approved  in  advance  by  the  regional
superintendent.
    If,  as a result of tax objections based on inequities of
assessment, a final decision of any court, entered  not  more
than  one  year  before  or  3  years  after August 26, 1963,
reduces the taxes received  by  the  educational  fund  of  a
school district, for any given year, in an amount equal to or
more  than  3%  of  the  total  amount  of taxes extended for
educational purposes of the district, that district may amend
its claim for  equalization  aid  for  that  year  by  adding
thereto an amount determined by multiplying the deficiency in
tax  receipts  by  a  percentage computed by dividing the tax
rate required in Section  18-8  to  receive  an  equalization
quota  by  the  tax  rate originally extended for educational
purposes.  The amended claim including any additional  monies
to  which  the district may be entitled shall be filed within
three years of the date of such decision and  the  additional
amount paid as supplementary state equalization aid.
    (b)  Any  elementary,  high school or unit district which
for the year 1971, as  compared  to  the  year  1970,  has  a
decrease  of  more  than  40% in the value of all its taxable
property as  equalized  or  assessed  by  the  Department  of
Revenue,  shall be entitled to file a claim for supplementary
State aid with the Office  of  the  State  Superintendent  of
Education.   The  amount  of  such aid shall be determined by
multiplying the amount of the decrease in the  value  of  the
district's  taxable  property times the total of the 1972 tax
rates for school purposes less  the  sum  of  the  district's
qualifying  tax  rates  for  educational  and  transportation
purposes  extended  by  such  district.  Such claims shall be
filed on forms prescribed  by  the  Superintendent,  and  the
Superintendent  upon  receipt of such claims shall adjust the
claim of each such district in accordance with the provisions
of this Section.
    (c)  Where  property  comprising  an  aggregate  assessed
valuation equal to 3% or more of the total assessed valuation
of all taxable property in the district is owned by a  person
or  corporation  who is the subject of bankruptcy proceedings
or has been adjudged a bankrupt and, as a result thereof, has
not paid taxes on that property for 2  or  more  years,  that
district  may  amend  its claim back to the inception of such
bankruptcy, not to exceed 6 years, in which time  such  taxes
were  not  paid  and for each succeeding year that such taxes
remain unpaid by adding to that claim an amount determined by
multiplying the assessed valuation of the property  on  which
taxes  have  not  been paid due to bankruptcy by the tax rate
required in Section 18-8 to receive an equalization quota  or
after  July 1, 1973, by the district's operating tax rate for
general state aid purposes.  If at any time a district  which
receives  additional  State  aid under the provisions of this
paragraph receives tax revenue from  such  property  for  the
years  that taxes were not paid, its next claim for State aid
shall be reduced in an amount equal to the taxes paid on such
property, not to exceed the  additional  State  aid  received
under  the  provisions of this subsection (c) paragraph. Such
claims  shall  be  filed   on   forms   prescribed   by   the
Superintendent,  and  the Superintendent upon receipt of such
claims shall adjust  the  claim  of  each  such  district  in
accordance   with  the  provisions  of  this  subsection  (c)
paragraph.
    (d)  If  property  comprising   an   aggregate   assessed
valuation equal to 6% or more of the total assessed valuation
of  all  taxable  property in a school district is owned by a
person or corporation  that  is  the  subject  of  bankruptcy
proceedings  or  that  has  been  adjudged bankrupt and, as a
result thereof, has not paid taxes on the property, then  the
district  may  amend  its general State aid claim (i) back to
the inception of the bankruptcy, not to exceed  6  years,  in
which  time  those  taxes  were  not  paid  and (ii) for each
succeeding year that those taxes remain unpaid, by adding  to
the  claim  an  amount determined by multiplying the assessed
valuation of the property on which taxes have not  been  paid
due to the bankruptcy by the lesser of the total tax rate for
the  district for the tax year for which the taxes are unpaid
or the applicable rate used  in  calculating  the  district's
general  State  aid  under paragraph (3) of subsection (D) of
Section 18-8.05 of this Code. If at any time a district  that
receives  additional  State  aid  under  this  subsection (d)
receives tax revenue from the property  for  the  years  that
taxes  were not paid, the district's next claim for State aid
shall be reduced in an amount equal to the taxes paid on  the
property,  not  to  exceed  the additional State aid received
under this subsection (d). Claims under this  subsection  (d)
shall   be   filed   on   forms   prescribed   by  the  State
Superintendent of Education, and the State Superintendent  of
Education, upon receipt of a claim, shall adjust the claim in
accordance  with  the  provisions  of  this  subsection  (d).
Supplementary  State  aid for each succeeding year under this
subsection (d) shall be paid beginning with the first general
State aid claim paid after the district has filed a completed
claim in accordance with this subsection (d).
(Source: P.A. 81-1509.)

    (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
    Sec. 18-12.  Dates for filing  State  aid  claims.)   The
school  board of each school district shall require teachers,
principals, or superintendents to furnish from  records  kept
by  them  such  data  as it needs in preparing and certifying
under oath or affirmation to the regional superintendent  its
school  district  report  of claims provided in Sections 18-8
through  18-10  on  blanks  to  be  provided  by  the   State
Superintendent  of  Education.   The  district claim shall be
based on the latest available  equalized  assessed  valuation
and  tax rates, as provided in Section 18-8.05 18-8 and shall
use the average daily attendance as determined by the  method
outlined  in  Section 18-8.05 18-8 and shall be certified and
filed with the regional superintendent by July 1.  Failure to
so file by July 1 constitutes a forfeiture of  the  right  to
receive  payment  by  the State until such claim is filed and
vouchered  for  payment.   The  regional  superintendent   of
schools shall certify the county report of claims by July 15;
and  the  State Superintendent of Education shall voucher for
payment those claims to the State Comptroller as provided  in
Section 18-11.
    Except  as  otherwise  provided  in  this Section, if any
school district fails to  provide  the  minimum  school  term
specified in Section 10-19, the State aid claim for that year
shall  be reduced by the State Superintendent of Education in
an amount equivalent to .56818% for each day  less  than  the
number of days required by this Code Act.  However,
    If  the State Superintendent of Education determines that
the such failure to  provide  the  minimum  school  term  was
occasioned  by  an  act  or acts of God, or was occasioned by
conditions beyond the control of the  school  district  which
posed  a hazardous threat to the health and safety of pupils,
the State aid claim need not be reduced.
    If the State Superintendent of Education determines  that
the  failure  to provide the minimum school term was due to a
school being closed on or after September 11, 2001  for  more
than  one-half  day  of  attendance  due to a bioterrorism or
terrorism threat that was investigated by a  law  enforcement
agency, the State aid claim shall not be reduced.
    If,  during  any  school  day,  (i) a school district has
provided at least one clock  hour  of  instruction  but  must
close the schools due to adverse weather conditions or due to
a  condition  beyond  the control of the school district that
poses a hazardous threat to the health and safety  of  pupils
prior  to providing the minimum hours of instruction required
for a full day of attendance, or  (ii)  the  school  district
must delay the start of the school day due to adverse weather
conditions   and   this  delay  prevents  the  district  from
providing the minimum hours of  instruction  required  for  a
full  day of attendance, the partial day of attendance may be
counted as a full day  of  attendance.  The  partial  day  of
attendance  and  the  reasons  therefor shall be certified in
writing within a month of the closing or delayed start by the
local  school  district  superintendent   to   the   Regional
Superintendent   of  Schools  for  forwarding  to  the  State
Superintendent of Education for approval.
    If a school building is  ordered  to  be  closed  by  the
school board, in consultation with a local emergency response
agency,  due  to a condition that poses a hazardous threat to
the health and safety of pupils,  then  the  school  district
shall  have  a  grace  period  of 4 days in which the general
State aid claim shall not  be  reduced  so  that  alternative
housing of the pupils may be located.
    No  exception  to  the requirement of providing a minimum
school term may be approved by the  State  Superintendent  of
Education  pursuant  to this Section unless a school district
has first used all emergency days provided for in its regular
calendar.
    If the State Superintendent of Education declares that an
energy shortage exists during any part of the school year for
the State or a designated portion of the  State,  a  district
may operate the school attendance centers within the district
4  days  of  the  week  during  the  time  of the shortage by
extending each existing school  day  by  one  clock  hour  of
school  work,  and  the State aid claim shall not be reduced,
nor shall the employees of that district suffer any reduction
in salary or benefits as a result  thereof.  A  district  may
operate  all  attendance centers on this revised schedule, or
may apply the schedule to selected attendance centers, taking
into  consideration  such  factors  as  pupil  transportation
schedules and patterns and sources of energy  for  individual
attendance centers.
    No  State  aid claim may be filed for any district unless
the clerk or secretary of the school board executes and files
with  the  State  Superintendent  of  Education,   on   forms
prescribed  by the Superintendent, a sworn statement that the
district  has  complied  with  the  requirements  of  Section
10-22.5 in regard to the nonsegregation of pupils on  account
of color, creed, race, sex or nationality.
    No  State  aid claim may be filed for any district unless
the clerk or secretary of the school board executes and files
with  the  State  Superintendent  of  Education,   on   forms
prescribed  by  the Superintendent, a sworn statement that to
the best of his or her knowledge or belief the  employing  or
assigning  personnel  have  complied with Section 24-4 in all
respects.
(Source: P.A. 90-98, eff. 7-11-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 22, 2002.
    Approved July 16, 2002.
    Effective July 16, 2002.

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