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92_HB3673eng
HB3673 Engrossed LRB9211036NTpk
1 AN ACT in relation to 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 Sections 18-9 and 18-12 as follows:
6 (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
7 Sec. 18-9. Requirement for special equalization and
8 Supplementary State aid in cases of bankruptcy.
9 (a) (Blank). Any school district claiming an
10 equalization quota may not increase its annual net cash
11 balance in the educational fund for the fiscal school year by
12 failing to expend for educational purposes the total of (1)
13 the general grant, (2) the equalization quota, and (3) the
14 amount determined by applying the qualifying rate to the
15 equalized assessed valuation of the district. Any district
16 which increases such annual net cash balance by failing to
17 expend the amount received from the sum of (1) the general
18 grant, (2) the equalization quota, and (3) the amount
19 determined by applying the qualifying rate to the equalized
20 assessed valuation of the district, shall have its next claim
21 for an equalization quota reduced in an amount equal to the
22 difference between its expenditures for educational purposes
23 and that sum.
24 Current expenditures made in any district receiving a
25 special equalization quota and governed by a board of
26 directors must be approved in advance by the regional
27 superintendent.
28 If, as a result of tax objections based on inequities of
29 assessment, a final decision of any court, entered not more
30 than one year before or 3 years after August 26, 1963,
31 reduces the taxes received by the educational fund of a
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1 school district, for any given year, in an amount equal to or
2 more than 3% of the total amount of taxes extended for
3 educational purposes of the district, that district may amend
4 its claim for equalization aid for that year by adding
5 thereto an amount determined by multiplying the deficiency in
6 tax receipts by a percentage computed by dividing the tax
7 rate required in Section 18-8 to receive an equalization
8 quota by the tax rate originally extended for educational
9 purposes. The amended claim including any additional monies
10 to which the district may be entitled shall be filed within
11 three years of the date of such decision and the additional
12 amount paid as supplementary state equalization aid.
13 (b) Any elementary, high school or unit district which
14 for the year 1971, as compared to the year 1970, has a
15 decrease of more than 40% in the value of all its taxable
16 property as equalized or assessed by the Department of
17 Revenue, shall be entitled to file a claim for supplementary
18 State aid with the Office of the State Superintendent of
19 Education. The amount of such aid shall be determined by
20 multiplying the amount of the decrease in the value of the
21 district's taxable property times the total of the 1972 tax
22 rates for school purposes less the sum of the district's
23 qualifying tax rates for educational and transportation
24 purposes extended by such district. Such claims shall be
25 filed on forms prescribed by the Superintendent, and the
26 Superintendent upon receipt of such claims shall adjust the
27 claim of each such district in accordance with the provisions
28 of this Section.
29 Where property comprising an aggregate assessed valuation
30 equal to 3% or more of the total assessed valuation of all
31 taxable property in a school the district is owned by a
32 person or corporation who is the subject of bankruptcy
33 proceedings or has been adjudged a bankrupt and, as a result
34 thereof, has not paid taxes on that property for 2 or more
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1 years, that district may amend its general State aid claim
2 (i) back to the inception of such bankruptcy, not to exceed 6
3 years, in which time such taxes were not paid and (ii) for
4 each succeeding year that such taxes remain unpaid, by adding
5 to that claim an amount determined by multiplying the
6 assessed valuation of the property on which taxes have not
7 been paid due to the bankruptcy by the tax rate required in
8 Section 18-8 to receive an equalization quota or after July
9 1, 1973, by the applicable district's operating tax rate used
10 in calculating the district's general State aid under
11 paragraph (3) of subsection (D) of Section 18-8.05 of this
12 Code for general state aid purposes. If at any time a
13 district which receives additional State aid under the
14 provisions of this Section paragraph receives tax revenue
15 from such property for the years that taxes were not paid,
16 its next claim for State aid shall be reduced in an amount
17 equal to the taxes paid on such property, not to exceed the
18 additional State aid received under the provisions of this
19 Section paragraph. The Such claims made under this Section
20 shall be filed on forms prescribed by the State
21 Superintendent of Education, and the State Superintendent
22 upon receipt of such claims shall adjust the claims claim of
23 each such district in accordance with the provisions of this
24 Section paragraph. The supplementary State aid for each
25 succeeding year shall be paid beginning with the first
26 general State aid claim paid after the district has filed a
27 completed claim in accordance with this Section.
28 (Source: P.A. 81-1509.)
29 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
30 Sec. 18-12. Dates for filing State aid claims.) The
31 school board of each school district shall require teachers,
32 principals, or superintendents to furnish from records kept
33 by them such data as it needs in preparing and certifying
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1 under oath or affirmation to the regional superintendent its
2 school district report of claims provided in Sections 18-8
3 through 18-10 on blanks to be provided by the State
4 Superintendent of Education. The district claim shall be
5 based on the latest available equalized assessed valuation
6 and tax rates, as provided in Section 18-8.05 18-8 and shall
7 use the average daily attendance as determined by the method
8 outlined in Section 18-8.05 18-8 and shall be certified and
9 filed with the regional superintendent by July 1. Failure to
10 so file by July 1 constitutes a forfeiture of the right to
11 receive payment by the State until such claim is filed and
12 vouchered for payment. The regional superintendent of
13 schools shall certify the county report of claims by July 15;
14 and the State Superintendent of Education shall voucher for
15 payment those claims to the State Comptroller as provided in
16 Section 18-11.
17 Except as otherwise provided in this Section, if any
18 school district fails to provide the minimum school term
19 specified in Section 10-19, the State aid claim for that year
20 shall be reduced by the State Superintendent of Education in
21 an amount equivalent to .56818% for each day less than the
22 number of days required by this Code Act. However,
23 If the State Superintendent of Education determines that
24 the such failure to provide the minimum school term was
25 occasioned by an act or acts of God, or was occasioned by
26 conditions beyond the control of the school district which
27 posed a hazardous threat to the health and safety of pupils,
28 the State aid claim need not be reduced.
29 If the State Superintendent of Education determines that
30 the failure to provide the minimum school term was due to a
31 school being closed on or after September 11, 2001 for more
32 than one-half day of attendance due to a bioterrorism or
33 terrorism threat that was investigated by a law enforcement
34 agency, the State aid claim shall not be reduced.
HB3673 Engrossed -5- LRB9211036NTpk
1 If, during any school day, (i) a school district has
2 provided at least one clock hour of instruction but must
3 close the schools due to adverse weather conditions or due to
4 a condition beyond the control of the school district that
5 poses a hazardous threat to the health and safety of pupils
6 prior to providing the minimum hours of instruction required
7 for a full day of attendance, or (ii) the school district
8 must delay the start of the school day due to adverse weather
9 conditions and this delay prevents the district from
10 providing the minimum hours of instruction required for a
11 full day of attendance, the partial day of attendance may be
12 counted as a full day of attendance. The partial day of
13 attendance and the reasons therefor shall be certified in
14 writing within a month of the closing or delayed start by the
15 local school district superintendent to the Regional
16 Superintendent of Schools for forwarding to the State
17 Superintendent of Education for approval.
18 If a school building is ordered to be closed by the
19 school board, in consultation with a local emergency response
20 agency, due to a condition that poses a hazardous threat to
21 the health and safety of pupils, then the school district
22 shall have a grace period of 4 days in which the general
23 State aid claim shall not be reduced so that alternative
24 housing of the pupils may be located.
25 No exception to the requirement of providing a minimum
26 school term may be approved by the State Superintendent of
27 Education pursuant to this Section unless a school district
28 has first used all emergency days provided for in its regular
29 calendar.
30 If the State Superintendent of Education declares that an
31 energy shortage exists during any part of the school year for
32 the State or a designated portion of the State, a district
33 may operate the school attendance centers within the district
34 4 days of the week during the time of the shortage by
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1 extending each existing school day by one clock hour of
2 school work, and the State aid claim shall not be reduced,
3 nor shall the employees of that district suffer any reduction
4 in salary or benefits as a result thereof. A district may
5 operate all attendance centers on this revised schedule, or
6 may apply the schedule to selected attendance centers, taking
7 into consideration such factors as pupil transportation
8 schedules and patterns and sources of energy for individual
9 attendance centers.
10 No State aid claim may be filed for any district unless
11 the clerk or secretary of the school board executes and files
12 with the State Superintendent of Education, on forms
13 prescribed by the Superintendent, a sworn statement that the
14 district has complied with the requirements of Section
15 10-22.5 in regard to the nonsegregation of pupils on account
16 of color, creed, race, sex or nationality.
17 No State aid claim may be filed for any district unless
18 the clerk or secretary of the school board executes and files
19 with the State Superintendent of Education, on forms
20 prescribed by the Superintendent, a sworn statement that to
21 the best of his or her knowledge or belief the employing or
22 assigning personnel have complied with Section 24-4 in all
23 respects.
24 (Source: P.A. 90-98, eff. 7-11-97.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.
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