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Public Act 097-0256
Public Act 0256 97TH GENERAL ASSEMBLY
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Public Act 097-0256
| | HB3464 Enrolled | LRB097 10098 NHT 50278 b |
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| AN ACT concerning education.
| 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 | 2-3.11c, 10-20.47, 10-21.4, 18-3, and 34-18.38 as follows:
| (105 ILCS 5/2-3.11c)
| Sec. 2-3.11c. Teacher supply and demand report. Through | January 1, 2009, to report annually, on or
before January 1,
on | the relative supply and demand for
education staff of the | public schools
to the Governor, to the General Assembly, and to | institutions
of higher education that prepare teachers, | administrators, school service
personnel, other certificated | individuals, and other professionals employed by
school | districts or joint agreements. After the report due on January | 1, 2009 is submitted, future reports shall be submitted once | every 3 years, with the first report being submitted on or | before January 1, 2012 2011. The report shall contain the | following
information:
| (1) the relative supply and demand for teachers, | administrators, and
other certificated and | non-certificated personnel by field, content area, and
| levels;
| (2) State and regional analyses of fields, content |
| areas, and levels with
an
over-supply or under-supply of | educators; and
| (3) projections of likely high demand
and low demand | for educators, in a manner sufficient to advise the public,
| individuals, and institutions regarding career | opportunities in education.
| (Source: P.A. 96-734, eff. 8-25-09.)
| (105 ILCS 5/10-20.47) | Sec. 10-20.47. Administrator and teacher salary and | benefits; report. Each school board shall report to the State | Board of Education, on or before October July 1 of each year, | the base salary and benefits of the district superintendent and | all administrators and teachers employed by the school | district. For the purposes of this Section, "benefits" includes | without limitation vacation days, sick days, bonuses, | annuities, and retirement enhancements.
| Prior to this annual reporting to the State Board of | Education, the information must be presented at a regular | school board meeting, subject to applicable notice | requirements, and then posted on the Internet website of the | school district, if any. | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
| Sec. 10-21.4. Superintendent - Duties. Except in districts
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| in which there is only one school with less than four
teachers, | to employ a superintendent who shall have charge
of the | administration of the schools under the direction of
the board | of education. In addition to the administrative
duties, the | superintendent shall make recommendations to
the board | concerning the budget, building plans, the
locations of sites, | the selection, retention and dismissal of teachers
and all | other employees, the selection of textbooks, instructional | material
and courses of study.
However, in districts under a | Financial Oversight Panel pursuant to
Section 1A-8 for | violating a financial plan, the duties and responsibilities of
| the superintendent in relation to the financial and business | operations of the
district shall be approved by the Panel. In | the event the Board refuses or
fails to follow a directive or | comply with an information request of the Panel,
the | performance of those duties shall be subject to the direction | of the
Panel.
The superintendent shall also notify the State | Board
of Education, the board and the chief administrative | official, other than
the alleged perpetrator himself, in the | school where the alleged
perpetrator serves, that any person | who is employed in a school or
otherwise comes into frequent | contact with children
in the school has been named as a | perpetrator in an indicated report filed
pursuant to the Abused | and Neglected Child Reporting Act, approved June 26,
1975, as | amended. The superintendent shall keep or cause to be kept the
| records and accounts as directed and required by the board, aid |
| in making
reports required by the board, and perform such other | duties as the board
may delegate to him.
| In addition, each year at a time designated by the State | Superintendent of Education in January of each year,
each
| superintendent shall report to the State Board of Education the | number of high school students in the
district who are enrolled | in accredited courses (for which high school
credit will be | awarded upon successful completion of the courses) at any
| community college, together with the name and number of the | course or
courses which each such student is taking.
| The provisions of this section shall also apply to
board of | director districts.
| Notice of intent not to renew
a contract must be given in | writing stating the
specific reason therefor by April 1 of the | contract
year unless the contract specifically provides | otherwise.
Failure to do so will automatically extend the | contract
for an additional year. Within 10 days after receipt | of
notice of intent not to renew a contract, the superintendent
| may request a closed session hearing on the dismissal. At the | hearing the
superintendent has the privilege of presenting | evidence, witnesses and
defenses on the grounds for dismissal.
| The provisions of this paragraph shall not apply to a district | under a
Financial Oversight Panel pursuant to Section 1A-8 for | violating a financial
plan.
| (Source: P.A. 95-496, eff. 8-28-07.)
|
| (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
| Sec. 18-3. Tuition of children from orphanages and | children's homes.
When the children from any home for orphans, | dependent, abandoned or
maladjusted children maintained by any | organization or association
admitting to such home children | from the State in general or when children
residing in a school | district wherein the State of Illinois maintains and
operates | any welfare or penal institution on property owned by
the State | of Illinois, which contains houses, housing units or housing
| accommodations within a school district, attend grades | kindergarten through
12 of the public schools maintained by | that school district, the
State Superintendent of Education | shall direct the State Comptroller to
pay a specified amount | sufficient to pay the annual tuition cost of such
children who | attended such public schools during the regular school year
| ending on June 30. The
Comptroller shall pay the amount after | receipt of a voucher
submitted by the State Superintendent of | Education.
| The amount of the tuition for such children attending the | public schools
of the district shall be determined by the State | Superintendent of
Education by multiplying the number of such | children in average daily
attendance in such schools by 1.2 | times the total annual per capita cost of
administering the | schools of the district. Such total annual per capita
cost | shall be determined by totaling all expenses of the school | district in
the educational, operations and maintenance, bond |
| and interest,
transportation, Illinois municipal retirement, | and rent funds for the
school year preceding the filing of such | tuition claims less expenditures
not applicable to the regular | K-12 program, less offsetting revenues from
State sources | except those from the common school fund, less offsetting
| revenues from federal sources except those from federal | impaction aid, less
student and community service revenues, | plus a depreciation allowance; and
dividing such total by the | average daily attendance for the year.
| Annually on or before July 15 the superintendent of the | district shall certify to the State Superintendent of Education | the following:
| 1. The name of the home and of the organization or | association
maintaining it; or the legal description of the | real estate upon which the
house, housing units, or housing | accommodations are located and that no
taxes or service | charges or other payments authorized by law to be made in
| lieu of taxes were collected therefrom or on account | thereof during either
of the calendar years included in the | school year for which claim is being
made;
| 2. The number of children from the home or living in | such houses,
housing units or housing accommodations and | attending the schools of the
district;
| 3. The total number of children attending the schools | of the district;
| 4. The per capita tuition charge of the district; and
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| 5. The computed amount of the tuition payment claimed | as due.
| Whenever the persons in charge of such home for orphans, | dependent, abandoned
or maladjusted children have received | from the parent or guardian of any such
child or by virtue of | an order of court a specific allowance for educating
such | child, such persons shall pay to the school board in the | district
where the child attends school such amount of the | allowance as is necessary
to pay the tuition required by such | district for the education of the
child. If the allowance is | insufficient to pay the tuition in full the
State | Superintendent of Education shall direct the Comptroller to pay | to
the district the difference between the total tuition | charged and the
amount of the allowance.
| Whenever the facilities of a school district in which such | house,
housing units or housing accommodations are located, are | limited, pupils
may be assigned by that district to the schools | of any adjacent district to
the limit of the facilities of the | adjacent district to properly educate
such pupils as shall be | determined by the school board of the adjacent
district, and | the State Superintendent of Education shall direct the
| Comptroller to pay a specified amount sufficient to pay the | annual tuition
of the children so assigned to and attending | public schools in the adjacent
districts and the Comptroller | shall draw his warrant upon the State
Treasurer for the payment | of such amount for the benefit of the adjacent
school districts |
| in the same manner as for districts in which the houses,
| housing units or housing accommodations are located.
| The school district shall certify to the State | Superintendent of Education
the report of claims due for such | tuition payments on or before
July 15. The
State Superintendent | of Education shall direct the Comptroller to pay to the
| district, on or before August 15, the amount due the district | for the school
year in accordance with the calculation of the | claim as set forth in this
Section.
| Summer session costs shall be reimbursed based on the | actual expenditures for providing these services. On or before | November 1 of each year, the superintendent of each eligible | school district shall certify to the State Superintendent of | Education the claim of the district for the summer session | following the regular school year just ended. The State | Superintendent of Education shall transmit to the Comptroller | no later than December 15th of each year vouchers for payment | of amounts due to school districts for summer session. | Claims for tuition for children from any home for orphans | or dependent,
abandoned, or maladjusted children beginning | with the 1993-1994 school year
shall be paid on a current year | basis. On September 30, December 31, and
March 31, the State | Board of Education shall voucher payments for districts
with | those students based on an estimated cost calculated from the | prior
year's claim. Final claims for those students for the | regular school term
must be received at the State Board of |
| Education by July 15
following the end of the regular school | year. Final claims for those students
shall be vouchered by | August 30 15. During fiscal year 1994 both the 1992-1993
school | year and the 1993-1994 school year shall be paid in order to | change the
cycle of payment from a reimbursement basis to a | current year funding basis of
payment. However, | notwithstanding any other provisions of this Section or the
| School Code, beginning with fiscal year 1994 and each fiscal | year thereafter, if the amount appropriated for any fiscal year | is
less than the amount required for purposes of this Section, | the amount required
to eliminate any insufficient | reimbursement for each district claim under this
Section shall | be reimbursed on August 30 of the next fiscal year. Payments | required to eliminate any insufficiency for prior fiscal
year | claims shall be made before any claims are paid for the current | fiscal
year.
| If a school district makes a claim for reimbursement under | Section 14-7.03 it shall not include in any claim filed under | this Section
children residing on the property of State | institutions included in its
claim under Section 14-7.03.
| Any child who is not a resident of Illinois who is placed | in a child
welfare institution, private facility, State | operated program, orphanage
or children's home shall have the | payment for his educational tuition and
any related services | assured by the placing agent.
| In order to provide services appropriate to allow a student |
| under the legal
guardianship or custodianship of the State to | participate in local school
district educational programs, | costs may be incurred in appropriate cases by
the
district that | are in excess of 1.2 times the district per capita tuition | charge
allowed under the provisions of this Section. In the | event such excess costs
are incurred, they must be documented | in accordance with cost rules established
under the authority | of this Section and may then be claimed for reimbursement
under | this Section.
| Planned services for students eligible for this funding | must be a
collaborative effort between the appropriate State | agency or the student's
group home or institution and the local | school district.
| (Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
| (105 ILCS 5/34-18.38)
| Sec. 34-18.38. Administrator and teacher salary and | benefits; report. The board shall report to the State Board of | Education, on or before October July 1 of each year, the base | salary and benefits of the general superintendent of schools or | chief executive officer and all administrators and teachers | employed by the school district. For the purposes of this | Section, "benefits" includes without limitation vacation days, | sick days, bonuses, annuities, and retirement enhancements.
| Prior to this annual reporting to the State Board of | Education, the information must be presented at a regular board |
| meeting, subject to applicable notice requirements, and then | posted on the Internet website of the school district, if any. | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| (105 ILCS 5/2-3.74 rep.)
| (105 ILCS 5/2-3.87 rep.)
| (105 ILCS 5/2-3.111 rep.)
| (105 ILCS 5/10-20.50 rep.) | (105 ILCS 5/10-21.6 rep.) | (105 ILCS 5/34-18.41 rep.) | Section 10. The School Code is amended by repealing | Sections 2-3.74, 2-3.87, 2-3.111, 10-20.50, 10-21.6, and | 34-18.41.
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Effective Date: 1/1/2012
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