Full Text of HB3027 97th General Assembly
HB3027 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3027 Introduced 2/23/2011, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-22.31a | from Ch. 122, par. 10-22.31a | 105 ILCS 5/18-12 | from Ch. 122, par. 18-12 | 105 ILCS 5/26-2a | from Ch. 122, par. 26-2a |
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Amends the School Code. Makes changes concerning the execution of joint agreements on forms, the certification and filing of State aid claims, and the definition of "dropout".
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 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 Sections | 5 | | 10-22.31a, 18-12, and 26-2a as follows:
| 6 | | (105 ILCS 5/10-22.31a) (from Ch. 122, par. 10-22.31a)
| 7 | | Sec. 10-22.31a. Joint educational programs. To enter into | 8 | | joint agreements with other school boards or public
| 9 | | institutions of higher education to establish any type of | 10 | | educational
program which any district may establish | 11 | | individually, to provide the
needed educational facilities and | 12 | | to employ a director and other
professional workers for such | 13 | | program. The director and other
professional workers may be | 14 | | employed by one district which shall be
reimbursed on a | 15 | | mutually agreed basis by other districts that are
parties to | 16 | | the joint agreement. Such agreements may provide that one
| 17 | | district may supply professional workers for a joint program | 18 | | conducted
in another district. Such agreement shall be executed | 19 | | on forms provided
by the State Board of Education
and shall | 20 | | include, but not
be limited to, provisions for administration, | 21 | | staff, programs,
financing, housing, transportation and | 22 | | advisory body and provide for the
withdrawal of districts from | 23 | | the joint agreement by petition to the regional
board of school |
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| 1 | | trustees. Such petitions for withdrawal shall be
made to the | 2 | | regional board of school trustees of the region having
| 3 | | supervision and control over the administrative district and | 4 | | shall be
acted upon in the manner provided in Article 7 for the | 5 | | detachment of
territory from a school district.
| 6 | | To designate an administrative district to act as fiscal | 7 | | and legal
agent for the districts that are parties to such a | 8 | | joint agreement.
| 9 | | (Source: P.A. 86-198; 86-1318.)
| 10 | | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| 11 | | Sec. 18-12. Dates for filing State aid claims. The school | 12 | | board of
each school district shall require teachers, | 13 | | principals, or
superintendents to furnish from records kept by | 14 | | them such data as it
needs in preparing and certifying to the | 15 | | State Superintendent of Education
regional superintendent its | 16 | | school district report of claims provided in
Sections 18-8.05 | 17 | | through 18-9 as required by the State
Superintendent of | 18 | | Education. The district claim
shall be based on the latest | 19 | | available equalized assessed valuation and tax
rates, as | 20 | | provided in Section 18-8.05 and shall use the average
daily
| 21 | | attendance as determined by the method outlined in Section | 22 | | 18-8.05
and shall be
certified and filed with the State | 23 | | Superintendent of Education regional superintendent by June 21
| 24 | | for districts with an
official
school calendar end date before | 25 | | June 15 or within 2 weeks following the
official school |
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| 1 | | calendar end date for districts with a school year end date
of | 2 | | June 15 or later. The regional superintendent shall certify and | 3 | | file
with the State Superintendent of Education district State | 4 | | aid claims by
July 1 for districts with an official school | 5 | | calendar end date before June
15 or no later than July 15 for | 6 | | districts with an official school calendar
end date of June 15 | 7 | | or later.
Failure to
so file by these deadlines constitutes a | 8 | | forfeiture of the right
to
receive payment by
the State until | 9 | | such claim is filed and vouchered for payment. The
regional | 10 | | superintendent of schools shall certify the county report of | 11 | | claims
by July 15; and the State Superintendent of Education | 12 | | shall voucher
for payment those claims to the State Comptroller | 13 | | as provided in Section 18-11.
| 14 | | Except as otherwise provided in this Section, if any school | 15 | | district
fails to provide the minimum school term specified
in | 16 | | Section 10-19, the State aid claim for that year shall be | 17 | | reduced by the
State Superintendent of Education in an amount | 18 | | equivalent to 1/176 or .56818% for
each day less than the | 19 | | number of days required by this Code.
| 20 | | If
the State Superintendent of Education determines that | 21 | | the failure
to
provide the minimum school term was occasioned | 22 | | by an act or acts of God, or
was occasioned by conditions | 23 | | beyond the control of the school district
which posed a | 24 | | hazardous threat to the health and safety of pupils, the
State | 25 | | aid claim need not be reduced.
| 26 | | If a school district is precluded from providing the |
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| 1 | | minimum hours of instruction required for a full day of | 2 | | attendance due to an adverse weather condition or a condition | 3 | | beyond the control of the school district that poses a | 4 | | hazardous threat to the health and safety of students, then the | 5 | | partial day of attendance may be counted if (i) the school | 6 | | district has provided at least one hour of instruction prior to | 7 | | the closure of the school district, (ii) a school building has | 8 | | provided at least one hour of instruction prior to the closure | 9 | | of the school building, or (iii) the normal start time of the | 10 | | school district is delayed. | 11 | | If, prior to providing any instruction, a school district | 12 | | must close one or more but not all school buildings after | 13 | | consultation with a local emergency response agency or due to a | 14 | | condition beyond the control of the school district, then the | 15 | | school district may claim attendance for up to 2 school days | 16 | | based on the average attendance of the 3 school days | 17 | | immediately preceding the closure of the affected school | 18 | | building. The partial or no day of attendance described in this | 19 | | Section and the reasons therefore shall be certified within a | 20 | | month of the closing or delayed start by the school district | 21 | | superintendent to the regional superintendent of schools for | 22 | | forwarding to the State Superintendent of Education for | 23 | | approval.
| 24 | | No exception to the requirement of providing a minimum | 25 | | school term may
be approved by the State Superintendent of | 26 | | Education pursuant to this Section
unless a school district has |
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| 1 | | first used all emergency days provided for
in its regular | 2 | | calendar.
| 3 | | If the State Superintendent of Education declares that an | 4 | | energy
shortage exists during any part of the school year for | 5 | | the State or a
designated portion of the State, a district may | 6 | | operate the school
attendance centers within the district 4 | 7 | | days of the week during the
time of the shortage by extending | 8 | | each existing school day by one clock
hour of school work, and | 9 | | the State aid claim shall not be reduced, nor
shall the | 10 | | employees of that district suffer any reduction in salary or
| 11 | | benefits as a result thereof. A district may operate all | 12 | | attendance
centers on this revised schedule, or may apply the | 13 | | schedule to selected
attendance centers, taking into | 14 | | consideration such factors as pupil
transportation schedules | 15 | | and patterns and sources of energy for
individual attendance | 16 | | centers.
| 17 | | Electronically submitted State aid claims shall be | 18 | | submitted by
duly authorized district or regional individuals | 19 | | over a secure network
that is password protected. The | 20 | | electronic submission of a State aid
claim must be accompanied | 21 | | with an affirmation that all of the provisions
of Sections | 22 | | 18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are
met in | 23 | | all respects.
| 24 | | (Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08; | 25 | | 95-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
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| 1 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 2 | | Sec. 26-2a. A "truant" is defined as a child subject to | 3 | | compulsory school
attendance and who is absent without valid | 4 | | cause from such attendance for
a school day or portion thereof. | 5 | | "Valid cause" for absence shall be illness, observance of a | 6 | | religious
holiday, death in the immediate family,
family | 7 | | emergency, and shall include such other situations beyond the | 8 | | control
of the student as determined by the board of education | 9 | | in each district,
or such other circumstances which cause | 10 | | reasonable concern to the parent
for the safety or health of | 11 | | the student. | 12 | | "Chronic or habitual truant" shall be defined as a child | 13 | | subject to compulsory
school attendance and who is absent | 14 | | without valid cause from such attendance
for 10% or more of the | 15 | | previous 180 regular attendance days. | 16 | | "Truant minor" is defined as a chronic truant to whom | 17 | | supportive
services, including prevention, diagnostic, | 18 | | intervention and remedial
services, alternative programs and | 19 | | other school and community resources
have been provided and | 20 | | have failed to result in the cessation of chronic
truancy, or | 21 | | have been offered and refused. | 22 | | A "dropout" is defined as any child enrolled in grades one | 23 | | 9 through 12 whose
name has been removed from the district | 24 | | enrollment roster for any reason
other than the student's | 25 | | death, extended illness, removal for medical non-compliance, | 26 | | expulsion, aging out, graduation, or completion of a
program of |
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| 1 | | studies and who has not transferred to another public or | 2 | | private school or moved out of the United States and is not | 3 | | known to be home-schooled by his or her parents or guardians or | 4 | | continuing school in another country . | 5 | | "Religion" for the purposes of this Article, includes all | 6 | | aspects of
religious observance and practice, as well as | 7 | | belief. | 8 | | (Source: P.A. 96-1423, eff. 8-3-10.)
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