State of Illinois
92nd General Assembly
Legislation

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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
 
HB3673 Engrossed            -2-                LRB9211036NTpk
 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
 
HB3673 Engrossed            -3-                LRB9211036NTpk
 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
 
HB3673 Engrossed            -4-                LRB9211036NTpk
 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
 
HB3673 Engrossed            -6-                LRB9211036NTpk
 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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