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92_HB3673enr HB3673 Enrolled 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. 9 (a) Any school district claiming an equalization quota 10 may not increase its annual net cash balance in the 11 educational fund for the fiscal school year by failing to 12 expend for educational purposes the total of (1) the general 13 grant, (2) the equalization quota, and (3) the amount 14 determined by applying the qualifying rate to the equalized 15 assessed valuation of the district. Any district which 16 increases such annual net cash balance by failing to expend 17 the amount received from the sum of (1) the general grant, 18 (2) the equalization quota, and (3) the amount determined by 19 applying the qualifying rate to the equalized assessed 20 valuation of the district, shall have its next claim for an 21 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 Enrolled -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 (c) Where property comprising an aggregate assessed 30 valuation equal to 3% or more of the total assessed valuation 31 of all taxable property in the district is owned by a person 32 or corporation who is the subject of bankruptcy proceedings 33 or has been adjudged a bankrupt and, as a result thereof, has 34 not paid taxes on that property for 2 or more years, that HB3673 Enrolled -3- LRB9211036NTpk 1 district may amend its claim back to the inception of such 2 bankruptcy, not to exceed 6 years, in which time such taxes 3 were not paid and for each succeeding year that such taxes 4 remain unpaid by adding to that claim an amount determined by 5 multiplying the assessed valuation of the property on which 6 taxes have not been paid due to bankruptcy by the tax rate 7 required in Section 18-8 to receive an equalization quota or 8 after July 1, 1973, by the district's operating tax rate for 9 general state aid purposes. If at any time a district which 10 receives additional State aid under the provisions of this 11 paragraph receives tax revenue from such property for the 12 years that taxes were not paid, its next claim for State aid 13 shall be reduced in an amount equal to the taxes paid on such 14 property, not to exceed the additional State aid received 15 under the provisions of this subsection (c)paragraph. Such 16 claims shall be filed on forms prescribed by the 17 Superintendent, and the Superintendent upon receipt of such 18 claims shall adjust the claim of each such district in 19 accordance with the provisions of this subsection (c) 20paragraph. 21 (d) If property comprising an aggregate assessed 22 valuation equal to 6% or more of the total assessed valuation 23 of all taxable property in a school district is owned by a 24 person or corporation that is the subject of bankruptcy 25 proceedings or that has been adjudged bankrupt and, as a 26 result thereof, has not paid taxes on the property, then the 27 district may amend its general State aid claim (i) back to 28 the inception of the bankruptcy, not to exceed 6 years, in 29 which time those taxes were not paid and (ii) for each 30 succeeding year that those taxes remain unpaid, by adding to 31 the claim an amount determined by multiplying the assessed 32 valuation of the property on which taxes have not been paid 33 due to the bankruptcy by the lesser of the total tax rate for 34 the district for the tax year for which the taxes are unpaid HB3673 Enrolled -4- LRB9211036NTpk 1 or the applicable rate used in calculating the district's 2 general State aid under paragraph (3) of subsection (D) of 3 Section 18-8.05 of this Code. If at any time a district that 4 receives additional State aid under this subsection (d) 5 receives tax revenue from the property for the years that 6 taxes were not paid, the district's next claim for State aid 7 shall be reduced in an amount equal to the taxes paid on the 8 property, not to exceed the additional State aid received 9 under this subsection (d). Claims under this subsection (d) 10 shall be filed on forms prescribed by the State 11 Superintendent of Education, and the State Superintendent of 12 Education, upon receipt of a claim, shall adjust the claim in 13 accordance with the provisions of this subsection (d). 14 Supplementary State aid for each succeeding year under this 15 subsection (d) shall be paid beginning with the first general 16 State aid claim paid after the district has filed a completed 17 claim in accordance with this subsection (d). 18 (Source: P.A. 81-1509.) 19 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12) 20 Sec. 18-12. Dates for filing State aid claims.)The 21 school board of each school district shall require teachers, 22 principals, or superintendents to furnish from records kept 23 by them such data as it needs in preparing and certifying 24 under oath or affirmation to the regional superintendent its 25 school district report of claims provided in Sections 18-8 26 through 18-10 on blanks to be provided by the State 27 Superintendent of Education. The district claim shall be 28 based on the latest available equalized assessed valuation 29 and tax rates, as provided in Section 18-8.0518-8and shall 30 use the average daily attendance as determined by the method 31 outlined in Section 18-8.0518-8and shall be certified and 32 filed with the regional superintendent by July 1. Failure to 33 so file by July 1 constitutes a forfeiture of the right to HB3673 Enrolled -5- LRB9211036NTpk 1 receive payment by the State until such claim is filed and 2 vouchered for payment. The regional superintendent of 3 schools shall certify the county report of claims by July 15; 4 and the State Superintendent of Education shall voucher for 5 payment those claims to the State Comptroller as provided in 6 Section 18-11. 7 Except as otherwise provided in this Section, if any 8 school district fails to provide the minimum school term 9 specified in Section 10-19, the State aid claim for that year 10 shall be reduced by the State Superintendent of Education in 11 an amount equivalent to .56818% for each day less than the 12 number of days required by this CodeAct.However,13 If the State Superintendent of Education determines that 14 thesuchfailure to provide the minimum school term was 15 occasioned by an act or acts of God, or was occasioned by 16 conditions beyond the control of the school district which 17 posed a hazardous threat to the health and safety of pupils, 18 the State aid claim need not be reduced. 19 If the State Superintendent of Education determines that 20 the failure to provide the minimum school term was due to a 21 school being closed on or after September 11, 2001 for more 22 than one-half day of attendance due to a bioterrorism or 23 terrorism threat that was investigated by a law enforcement 24 agency, the State aid claim shall not be reduced. 25 If, during any school day, (i) a school district has 26 provided at least one clock hour of instruction but must 27 close the schools due to adverse weather conditions or due to 28 a condition beyond the control of the school district that 29 poses a hazardous threat to the health and safety of pupils 30 prior to providing the minimum hours of instruction required 31 for a full day of attendance, or (ii) the school district 32 must delay the start of the school day due to adverse weather 33 conditions and this delay prevents the district from 34 providing the minimum hours of instruction required for a HB3673 Enrolled -6- LRB9211036NTpk 1 full day of attendance, the partial day of attendance may be 2 counted as a full day of attendance. The partial day of 3 attendance and the reasons therefor shall be certified in 4 writing within a month of the closing or delayed start by the 5 local school district superintendent to the Regional 6 Superintendent of Schools for forwarding to the State 7 Superintendent of Education for approval. 8 If a school building is ordered to be closed by the 9 school board, in consultation with a local emergency response 10 agency, due to a condition that poses a hazardous threat to 11 the health and safety of pupils, then the school district 12 shall have a grace period of 4 days in which the general 13 State aid claim shall not be reduced so that alternative 14 housing of the pupils may be located. 15 No exception to the requirement of providing a minimum 16 school term may be approved by the State Superintendent of 17 Education pursuant to this Section unless a school district 18 has first used all emergency days provided for in its regular 19 calendar. 20 If the State Superintendent of Education declares that an 21 energy shortage exists during any part of the school year for 22 the State or a designated portion of the State, a district 23 may operate the school attendance centers within the district 24 4 days of the week during the time of the shortage by 25 extending each existing school day by one clock hour of 26 school work, and the State aid claim shall not be reduced, 27 nor shall the employees of that district suffer any reduction 28 in salary or benefits as a result thereof. A district may 29 operate all attendance centers on this revised schedule, or 30 may apply the schedule to selected attendance centers, taking 31 into consideration such factors as pupil transportation 32 schedules and patterns and sources of energy for individual 33 attendance centers. 34 No State aid claim may be filed for any district unless HB3673 Enrolled -7- LRB9211036NTpk 1 the clerk or secretary of the school board executes and files 2 with the State Superintendent of Education, on forms 3 prescribed by the Superintendent, a sworn statement that the 4 district has complied with the requirements of Section 5 10-22.5 in regard to the nonsegregation of pupils on account 6 of color, creed, race, sex or nationality. 7 No State aid claim may be filed for any district unless 8 the clerk or secretary of the school board executes and files 9 with the State Superintendent of Education, on forms 10 prescribed by the Superintendent, a sworn statement that to 11 the best of his or her knowledge or belief the employing or 12 assigning personnel have complied with Section 24-4 in all 13 respects. 14 (Source: P.A. 90-98, eff. 7-11-97.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.