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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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