97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3464

 

Introduced 2/24/2011, by Rep. Sandra M. Pihos

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.11c
105 ILCS 5/10-21.4  from Ch. 122, par. 10-21.4
105 ILCS 5/18-3  from Ch. 122, par. 18-3
105 ILCS 5/2-3.74 rep.
105 ILCS 5/2-3.87 rep.
105 ILCS 5/2-3.111 rep.

    Amends the School Code. Makes changes concerning the teacher supply and demand report, reporting on the number of high school students enrolled in courses at a community college, and claims for tuition for children from a home for orphans or dependent, abandoned, or maladjusted children. Repeals Sections concerning the State Board of Education providing information on the creation of tax exempt foundations, a catalogue of reports, and racial reports.


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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,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.11c, 10-21.4, and 18-3 as follows:
 
6    (105 ILCS 5/2-3.11c)
7    Sec. 2-3.11c. Teacher supply and demand report. Through
8January 1, 2009, to report annually, on or before January 1, on
9the relative supply and demand for education staff of the
10public schools to the Governor, to the General Assembly, and to
11institutions of higher education that prepare teachers,
12administrators, school service personnel, other certificated
13individuals, and other professionals employed by school
14districts or joint agreements. After the report due on January
151, 2009 is submitted, future reports shall be submitted once
16every 3 years, with the first report being submitted on or
17before January 1, 2012 2011. The report shall contain the
18following information:
19        (1) the relative supply and demand for teachers,
20    administrators, and other certificated and
21    non-certificated personnel by field, content area, and
22    levels;
23        (2) State and regional analyses of fields, content

 

 

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1    areas, and levels with an over-supply or under-supply of
2    educators; and
3        (3) projections of likely high demand and low demand
4    for educators, in a manner sufficient to advise the public,
5    individuals, and institutions regarding career
6    opportunities in education.
7(Source: P.A. 96-734, eff. 8-25-09.)
 
8    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
9    Sec. 10-21.4. Superintendent - Duties. Except in districts
10in which there is only one school with less than four teachers,
11to employ a superintendent who shall have charge of the
12administration of the schools under the direction of the board
13of education. In addition to the administrative duties, the
14superintendent shall make recommendations to the board
15concerning the budget, building plans, the locations of sites,
16the selection, retention and dismissal of teachers and all
17other employees, the selection of textbooks, instructional
18material and courses of study. However, in districts under a
19Financial Oversight Panel pursuant to Section 1A-8 for
20violating a financial plan, the duties and responsibilities of
21the superintendent in relation to the financial and business
22operations of the district shall be approved by the Panel. In
23the event the Board refuses or fails to follow a directive or
24comply with an information request of the Panel, the
25performance of those duties shall be subject to the direction

 

 

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1of the Panel. The superintendent shall also notify the State
2Board of Education, the board and the chief administrative
3official, other than the alleged perpetrator himself, in the
4school where the alleged perpetrator serves, that any person
5who is employed in a school or otherwise comes into frequent
6contact with children in the school has been named as a
7perpetrator in an indicated report filed pursuant to the Abused
8and Neglected Child Reporting Act, approved June 26, 1975, as
9amended. The superintendent shall keep or cause to be kept the
10records and accounts as directed and required by the board, aid
11in making reports required by the board, and perform such other
12duties as the board may delegate to him.
13    In addition, each year at a time designated by the State
14Superintendent of Education in January of each year, each
15superintendent shall report to the State Board of Education the
16number of high school students in the district who are enrolled
17in accredited courses (for which high school credit will be
18awarded upon successful completion of the courses) at any
19community college, together with the name and number of the
20course or courses which each such student is taking.
21    The provisions of this section shall also apply to board of
22director districts.
23    Notice of intent not to renew a contract must be given in
24writing stating the specific reason therefor by April 1 of the
25contract year unless the contract specifically provides
26otherwise. Failure to do so will automatically extend the

 

 

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1contract for an additional year. Within 10 days after receipt
2of notice of intent not to renew a contract, the superintendent
3may request a closed session hearing on the dismissal. At the
4hearing the superintendent has the privilege of presenting
5evidence, witnesses and defenses on the grounds for dismissal.
6The provisions of this paragraph shall not apply to a district
7under a Financial Oversight Panel pursuant to Section 1A-8 for
8violating a financial plan.
9(Source: P.A. 95-496, eff. 8-28-07.)
 
10    (105 ILCS 5/18-3)  (from Ch. 122, par. 18-3)
11    Sec. 18-3. Tuition of children from orphanages and
12children's homes. When the children from any home for orphans,
13dependent, abandoned or maladjusted children maintained by any
14organization or association admitting to such home children
15from the State in general or when children residing in a school
16district wherein the State of Illinois maintains and operates
17any welfare or penal institution on property owned by the State
18of Illinois, which contains houses, housing units or housing
19accommodations within a school district, attend grades
20kindergarten through 12 of the public schools maintained by
21that school district, the State Superintendent of Education
22shall direct the State Comptroller to pay a specified amount
23sufficient to pay the annual tuition cost of such children who
24attended such public schools during the regular school year
25ending on June 30. The Comptroller shall pay the amount after

 

 

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1receipt of a voucher submitted by the State Superintendent of
2Education.
3    The amount of the tuition for such children attending the
4public schools of the district shall be determined by the State
5Superintendent of Education by multiplying the number of such
6children in average daily attendance in such schools by 1.2
7times the total annual per capita cost of administering the
8schools of the district. Such total annual per capita cost
9shall be determined by totaling all expenses of the school
10district in the educational, operations and maintenance, bond
11and interest, transportation, Illinois municipal retirement,
12and rent funds for the school year preceding the filing of such
13tuition claims less expenditures not applicable to the regular
14K-12 program, less offsetting revenues from State sources
15except those from the common school fund, less offsetting
16revenues from federal sources except those from federal
17impaction aid, less student and community service revenues,
18plus a depreciation allowance; and dividing such total by the
19average daily attendance for the year.
20    Annually on or before July 15 the superintendent of the
21district shall certify to the State Superintendent of Education
22the following:
23        1. The name of the home and of the organization or
24    association maintaining it; or the legal description of the
25    real estate upon which the house, housing units, or housing
26    accommodations are located and that no taxes or service

 

 

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1    charges or other payments authorized by law to be made in
2    lieu of taxes were collected therefrom or on account
3    thereof during either of the calendar years included in the
4    school year for which claim is being made;
5        2. The number of children from the home or living in
6    such houses, housing units or housing accommodations and
7    attending the schools of the district;
8        3. The total number of children attending the schools
9    of the district;
10        4. The per capita tuition charge of the district; and
11        5. The computed amount of the tuition payment claimed
12    as due.
13    Whenever the persons in charge of such home for orphans,
14dependent, abandoned or maladjusted children have received
15from the parent or guardian of any such child or by virtue of
16an order of court a specific allowance for educating such
17child, such persons shall pay to the school board in the
18district where the child attends school such amount of the
19allowance as is necessary to pay the tuition required by such
20district for the education of the child. If the allowance is
21insufficient to pay the tuition in full the State
22Superintendent of Education shall direct the Comptroller to pay
23to the district the difference between the total tuition
24charged and the amount of the allowance.
25    Whenever the facilities of a school district in which such
26house, housing units or housing accommodations are located, are

 

 

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1limited, pupils may be assigned by that district to the schools
2of any adjacent district to the limit of the facilities of the
3adjacent district to properly educate such pupils as shall be
4determined by the school board of the adjacent district, and
5the State Superintendent of Education shall direct the
6Comptroller to pay a specified amount sufficient to pay the
7annual tuition of the children so assigned to and attending
8public schools in the adjacent districts and the Comptroller
9shall draw his warrant upon the State Treasurer for the payment
10of such amount for the benefit of the adjacent school districts
11in the same manner as for districts in which the houses,
12housing units or housing accommodations are located.
13    The school district shall certify to the State
14Superintendent of Education the report of claims due for such
15tuition payments on or before July 15. The State Superintendent
16of Education shall direct the Comptroller to pay to the
17district, on or before August 15, the amount due the district
18for the school year in accordance with the calculation of the
19claim as set forth in this Section.
20    Summer session costs shall be reimbursed based on the
21actual expenditures for providing these services. On or before
22November 1 of each year, the superintendent of each eligible
23school district shall certify to the State Superintendent of
24Education the claim of the district for the summer session
25following the regular school year just ended. The State
26Superintendent of Education shall transmit to the Comptroller

 

 

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1no later than December 15th of each year vouchers for payment
2of amounts due to school districts for summer session.
3    Claims for tuition for children from any home for orphans
4or dependent, abandoned, or maladjusted children beginning
5with the 1993-1994 school year shall be paid on a current year
6basis. On September 30, December 31, and March 31, the State
7Board of Education shall voucher payments for districts with
8those students based on an estimated cost calculated from the
9prior year's claim. Final claims for those students for the
10regular school term must be received at the State Board of
11Education by July 15 following the end of the regular school
12year. Final claims for those students shall be vouchered by
13August 30 15. During fiscal year 1994 both the 1992-1993 school
14year and the 1993-1994 school year shall be paid in order to
15change the cycle of payment from a reimbursement basis to a
16current year funding basis of payment. However,
17notwithstanding any other provisions of this Section or the
18School Code, beginning with fiscal year 1994 and each fiscal
19year thereafter, if the amount appropriated for any fiscal year
20is less than the amount required for purposes of this Section,
21the amount required to eliminate any insufficient
22reimbursement for each district claim under this Section shall
23be reimbursed on August 30 of the next fiscal year. Payments
24required to eliminate any insufficiency for prior fiscal year
25claims shall be made before any claims are paid for the current
26fiscal year.

 

 

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1    If a school district makes a claim for reimbursement under
2Section 14-7.03 it shall not include in any claim filed under
3this Section children residing on the property of State
4institutions included in its claim under Section 14-7.03.
5    Any child who is not a resident of Illinois who is placed
6in a child welfare institution, private facility, State
7operated program, orphanage or children's home shall have the
8payment for his educational tuition and any related services
9assured by the placing agent.
10    In order to provide services appropriate to allow a student
11under the legal guardianship or custodianship of the State to
12participate in local school district educational programs,
13costs may be incurred in appropriate cases by the district that
14are in excess of 1.2 times the district per capita tuition
15charge allowed under the provisions of this Section. In the
16event such excess costs are incurred, they must be documented
17in accordance with cost rules established under the authority
18of this Section and may then be claimed for reimbursement under
19this Section.
20    Planned services for students eligible for this funding
21must be a collaborative effort between the appropriate State
22agency or the student's group home or institution and the local
23school district.
24(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
 
25    (105 ILCS 5/2-3.74 rep.)

 

 

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1    (105 ILCS 5/2-3.87 rep.)
2    (105 ILCS 5/2-3.111 rep.)
3    Section 10. The School Code is amended by repealing
4Sections 2-3.74, 2-3.87, and 2-3.111.