093_SB1038enr

 
SB1038 Enrolled                      LRB093 10041 NHT 10292 b

 1        AN ACT regarding schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section 18-12 as follows:

 6        (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
 7        Sec. 18-12.  Dates for  filing  State  aid  claims.   The
 8    school  board of each school district shall require teachers,
 9    principals, or superintendents to furnish from  records  kept
10    by  them  such  data  as it needs in preparing and certifying
11    under oath or affirmation to the regional superintendent  its
12    school district report of claims provided in Sections 18-8.05
13    18-8  through  18-10  as required on blanks to be provided by
14    the State Superintendent of Education.   The  district  claim
15    shall  be  based  on  the latest available equalized assessed
16    valuation and tax rates, as provided in Section  18-8.05  and
17    shall  use  the average daily attendance as determined by the
18    method outlined in Section 18-8.05 and shall be certified and
19    filed  with  the  regional  superintendent  by  June  21  for
20    districts with an official school calendar  end  date  before
21    June  15  or  within  2  weeks  following the official school
22    calendar end date for districts with a school year  end  date
23    of  June  15  or  later.  The  regional  superintendent shall
24    certify and file with the State Superintendent  of  Education
25    district  State  aid  claims  by July 1 for districts with an
26    official school calendar end date before June 15 or no  later
27    than  July  15 for districts with an official school calendar
28    end date of June 15 or later July 1. Failure to  so  file  by
29    these  deadlines July 1 constitutes a forfeiture of the right
30    to receive payment by the State until such claim is filed and
31    vouchered  for  payment.   The  regional  superintendent   of
 
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 1    schools shall certify the county report of claims by July 15;
 2    and  the  State Superintendent of Education shall voucher for
 3    payment those claims to the State Comptroller as provided  in
 4    Section 18-11.
 5        Except  as  otherwise  provided  in  this Section, if any
 6    school district fails to  provide  the  minimum  school  term
 7    specified in Section 10-19, the State aid claim for that year
 8    shall  be reduced by the State Superintendent of Education in
 9    an amount equivalent to .56818% for each day  less  than  the
10    number of days required by this Code.
11        If  the State Superintendent of Education determines that
12    the failure to provide the minimum school term was occasioned
13    by an act or acts of God, or  was  occasioned  by  conditions
14    beyond  the  control  of  the  school  district which posed a
15    hazardous threat to the health  and  safety  of  pupils,  the
16    State aid claim need not be reduced.
17        If  the State Superintendent of Education determines that
18    the failure to provide the minimum school term was due  to  a
19    school  being  closed on or after September 11, 2001 for more
20    than one-half day of attendance  due  to  a  bioterrorism  or
21    terrorism  threat  that was investigated by a law enforcement
22    agency, the State aid claim shall not be reduced.
23        If, during any school day,  (i)  a  school  district  has
24    provided  at  least  one  clock  hour of instruction but must
25    close the schools due to adverse weather conditions or due to
26    a condition beyond the control of the  school  district  that
27    poses  a  hazardous threat to the health and safety of pupils
28    prior to providing the minimum hours of instruction  required
29    for  a  full  day  of attendance, or (ii) the school district
30    must delay the start of the school day due to adverse weather
31    conditions  and  this  delay  prevents  the   district   from
32    providing  the  minimum  hours  of instruction required for a
33    full day of attendance, the partial day of attendance may  be
34    counted  as  a  full  day  of  attendance. The partial day of
 
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 1    attendance and the reasons therefor  shall  be  certified  in
 2    writing within a month of the closing or delayed start by the
 3    local   school   district   superintendent  to  the  Regional
 4    Superintendent  of  Schools  for  forwarding  to  the   State
 5    Superintendent of Education for approval.
 6        If  a  school  building  is  ordered  to be closed by the
 7    school board, in consultation with a local emergency response
 8    agency, due to a condition that poses a hazardous  threat  to
 9    the  health  and  safety  of pupils, then the school district
10    shall have a grace period of 4  days  in  which  the  general
11    State  aid  claim  shall  not  be reduced so that alternative
12    housing of the pupils may be located.
13        No exception to the requirement of  providing  a  minimum
14    school  term  may  be approved by the State Superintendent of
15    Education pursuant to this Section unless a  school  district
16    has first used all emergency days provided for in its regular
17    calendar.
18        If the State Superintendent of Education declares that an
19    energy shortage exists during any part of the school year for
20    the  State  or  a designated portion of the State, a district
21    may operate the school attendance centers within the district
22    4 days of the  week  during  the  time  of  the  shortage  by
23    extending  each  existing  school  day  by  one clock hour of
24    school work, and the State aid claim shall  not  be  reduced,
25    nor shall the employees of that district suffer any reduction
26    in  salary  or  benefits  as a result thereof. A district may
27    operate all attendance centers on this revised  schedule,  or
28    may apply the schedule to selected attendance centers, taking
29    into  consideration  such  factors  as  pupil  transportation
30    schedules  and  patterns and sources of energy for individual
31    attendance centers.
32        No State aid claim may be filed for any  district  unless
33    the  district superintendent clerk or secretary of the school
34    board executes and files with  the  State  Superintendent  of
 
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 1    Education,   in   the  method  on  forms  prescribed  by  the
 2    Superintendent, certification  a  sworn  statement  that  the
 3    district  has  complied  with  the  requirements  of  Section
 4    10-22.5  in regard to the nonsegregation of pupils on account
 5    of color, creed, race, sex or nationality.
 6        No State aid claim may be filed for any  district  unless
 7    the  district superintendent clerk or secretary of the school
 8    board executes and files with  the  State  Superintendent  of
 9    Education,   in   the  method  on  forms  prescribed  by  the
10    Superintendent, a sworn statement that to the best of his  or
11    her  knowledge or belief the employing or assigning personnel
12    have complied with Section 24-4 in all respects.
13        Electronically  submitted  State  aid  claims  shall   be
14    submitted by duly authorized district or regional individuals
15    over  a  secure  network  that  is  password  protected.  The
16    electronic   submission   of   a  State  aid  claim  must  be
17    accompanied with an affirmation that all of the provisions of
18    Sections 18-8.05 through 18-10, 10-22.5,  and  24-4  of  this
19    Code are met in all respects.
20    (Source: P.A. 92-661, eff. 7-16-02.)

21        Section  99.   Effective  date.  This Act takes effect on
22    July 1, 2003.