HB0762sam003 93RD GENERAL ASSEMBLY

Sen. Miguel del Valle

Filed: 5/28/2004

09300HB0762sam003 LRB093 05405 NHT 51854 a

AMENDMENT TO HOUSE BILL 762

AMENDMENT NO. ______. Amend House Bill 762 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 2-3.33, 2-3.52A, and 2-3.84 and adding Section 18-4.6 as follows:

(105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)

Sec. 2-3.33. Recomputation of claims. To recompute within 3 years from the final date for filing of a claim any claim for reimbursement to any school district if the claim has been found to be incorrect and to adjust subsequent claims accordingly, and to recompute and adjust any such claims within 6 years from the final date for filing when there has been an adverse court or administrative agency decision on the merits affecting the tax revenues of the school district. However, no such adjustment shall be made regarding equalized assessed valuation unless the district's equalized assessed valuation is changed by greater than $250,000 or 2%.

Except in the case of an adverse court or administrative agency decision no recomputation of a State aid claim shall be made pursuant to this Section as a result of a reduction in the assessed valuation of a school district from the assessed valuation of the district reported to the State Board of Education by the Department of Revenue under Section 18-8.05 18-8 unless the requirements of Section 16-15 of the Property Tax Code and Section 2-3.84 of this Code Act are complied with in all respects.

This paragraph applies to all requests for recomputation of a general State aid claim received after June 30, 2003. In recomputing a general State aid claim that was originally calculated using an extension limitation equalized assessed valuation under paragraph (3) of subsection (G) of Section 18-8.05 of this Code, a qualifying reduction in equalized assessed valuation shall be deducted from the extension limitation equalized assessed valuation that was used in calculating the original claim.

From the total amount of general State aid to be provided to districts, equalized assessed valuation adjustments as a result of recomputation under this Section must not exceed $25 million, in the aggregate for all districts, of the general State aid appropriation in any fiscal year; if necessary, amounts shall be prorated among districts. If it is necessary to prorate claims under this paragraph, then that portion of each prorated claim that is approved but not paid in the current fiscal year may be resubmitted as a valid claim in the following fiscal year.

All valid requests for recomputation of general State aid claims that are filed under this Section after June 30, 2003 and before July 1, 2004 shall be paid in the State fiscal year ending June 30, 2005, except to the extent reduced due to proration. All valid requests for recomputation under this Section shall be paid to school districts within the first 2 months of the State fiscal year in which they are paid.

(Source: P.A. 88-555, eff. 7-27-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

(105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)

Sec. 2-3.52A. Pilot programs.

(a) To improve the quality of teaching as a profession the State Board of Education may, pursuant to appropriations for such purposes, establish pilot programs for teachers relating to clinical schools, restructuring the teaching workplace, and providing special assistance and support to beginning teachers. Such programs shall be conducted in accordance with rules adopted by the State Board of Education. Such rules shall provide for, but not be limited to, advisory councils and annual reports on the progress of the pilot programs.

(b) Beginning July 1, 2004 and continuing for 3 years, the State Board of Education and the State Teacher Certification Board are authorized to administer a pilot project designed to improve math and science achievement of fifth grade students. With annual joint approval by the State Board of Education and the State Teacher Certification Board, teachers who hold a 6-12 certificate endorsed in mathematics or science and who hold a middle grades endorsement or qualify for teaching in the middle grades may teach fifth grade students in the area of their endorsement, provided that no teacher otherwise assigned to teach those students is, as a direct result of the use of such teachers, subject to reduction in force.

(Source: P.A. 85-322.)

(105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)

Sec. 2-3.84. In calculating the amount of State aid to be apportioned to the various school districts in this State, the State Board of Education shall incorporate and deduct the total aggregate adjustments to assessments made by (i) the State Property Tax Appeal Board or Cook County Board of Appeals, as reported pursuant to Section 16-15 of the Property Tax Code or Section 129.1 of the Revenue Act of 1939 by the Department of Revenue, and (ii) any adverse court or administrative agency decision on the merits that affects the tax revenues of the school district from the equalized assessed valuation that is otherwise to be utilized in the initial calculation.

(Source: P.A. 88-670, eff. 12-2-94.)

(105 ILCS 5/18-4.6 new)

Sec. 18-4.6. Tax equivalent grants; Illinois School for the Deaf, Illinois School for the Visually Impaired, Jacksonville Correctional Center, and Jacksonville Developmental Center. When the Illinois School for the Deaf, the Illinois School for the Visually Impaired, the Jacksonville Correctional Center, and the Jacksonville Developmental Center are located in a school district, the State Superintendent of Education shall, subject to appropriation, annually direct the State Comptroller to pay the amount of the tax-equivalent grant provided in this Section, and the State Comptroller shall draw his or her warrant upon the State Treasurer for the payment of the grant. For fiscal year 2005 and each fiscal year thereafter, the grant shall be in an amount not to exceed $100,000. Annually on or before September 15, 2005 and July 1, thereafter, the district superintendent shall certify to the State Board of Education that the Illinois School for the Deaf, the Illinois School for the Visually Impaired, the Jacksonville Correctional Center, and the Jacksonville Developmental Center are located within the district. Failure of any district superintendent to certify the claim for the tax-equivalent grant on or before September 15, 2005 or July 1 of a subsequent year shall constitute a forfeiture by the district of its right to the grant for the school year.

Section 99. Effective date. This Act takes effect upon becoming law.".