Bill Text: IL HB4711 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the School Code. Provides that no district is obligated to comply with any statutory or regulatory mandate or requirement unless a separate appropriation has been enacted into law providing funding for the school year during which such mandate is required. Contains provisions concerning discontinuing or modifying an activity to meet specified requirements. Provides that specified provisions do not apply to special education, transportation, or lunch programs, or coursework required for high school graduation. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 42-14)

Status: (Passed) 2010-08-20 - Public Act . . . . . . . . . 96-1441 [HB4711 Detail]

Download: Illinois-2009-HB4711-Engrossed.html

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HB4711 Engrossed LRB096 14665 MJR 29509 b
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 adding Section
22-60 as follows:
(105 ILCS 5/22-60 new)
Sec. 22-60. Unfunded mandates prohibited.
(a) No public school district or private school is
obligated to comply with any statutory or regulatory mandate or
requirement enacted into law or adopted by rule after the
effective date of this amendatory Act of the 96th General
Assembly unless a separate appropriation has been enacted into
law providing funding for the school year during which such
mandate is required.
(b) If the amount appropriated to fund a statutory or
regulatory mandate or requirement enacted into law or adopted
by rule after the effective date of this amendatory Act of the
96th General Assembly is insufficient to fully fund the
mandated activity, then the school district or private school
may choose to discontinue or modify the mandated activity to
ensure that the costs of compliance do not exceed the funding
received. Official action by the school board of a school
district or governing entity of a private school must take

HB4711 Engrossed - 2 - LRB096 14665 MJR 29509 b
place before the school district or private school may
discontinue or modify a mandated activity due to insufficient
funding from the State. If a school district or private school
discontinues or modifies a mandated activity due to
insufficient funding from the State, then the school district
or private school shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the State Board of Education upon request.
(c) This Section does not apply to (i) new mandates from
the Race to the Top Grant through the federal American Recovery
and Reinvestment Act of 2009 on school districts designated as
being in the lowest performing 5% of schools within the Race to
the Top Application and (ii) any laws related to employment
under Chapter 820 of the Illinois Compiled Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.