Bill Text: IL HB5140 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that if a school district closed one or more recognized school buildings in the 2009-2010 school year due to the influenza strain H1N1 prior to providing any instruction, then the school district's State aid claim may use the prior year's average daily attendance, adjusted for enrollment, for the days the school buildings are closed. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-02-19 - Added Co-Sponsor Rep. Linda Chapa LaVia [HB5140 Detail]

Download: Illinois-2009-HB5140-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5140 Introduced 1/29/2010, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED:
105 ILCS 5/18-12 from Ch. 122, par. 18-12
Amends the School Code. Provides that if a school district closed one or more recognized school buildings in the 2009-2010 school year due to the influenza strain H1N1 prior to providing any instruction, then the school district's State aid claim may use the prior year's average daily attendance, adjusted for enrollment, for the days the school buildings are closed. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 changing Section
18-12 as follows:
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The school
board of each school district shall require teachers,
principals, or superintendents to furnish from records kept by
them such data as it needs in preparing and certifying to the
regional superintendent its school district report of claims
provided in Sections 18-8.05 through 18-9 as required by the
State Superintendent of Education. The district claim shall be
based on the latest available equalized assessed valuation and
tax rates, as provided in Section 18-8.05 and shall use the
average daily attendance as determined by the method outlined
in Section 18-8.05 and shall be certified and filed with the
regional superintendent by June 21 for districts with an
official school calendar end date before June 15 or within 2
weeks following the official school calendar end date for
districts with a school year end date of June 15 or later. The
regional superintendent shall certify and file with the State
Superintendent of Education district State aid claims by July 1

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for districts with an official school calendar end date before
June 15 or no later than July 15 for districts with an official
school calendar end date of June 15 or later. Failure to so
file by these deadlines constitutes a forfeiture of the right
to receive payment by the State until such claim is filed and
vouchered for payment. The regional superintendent of schools
shall certify the county report of claims by July 15; and the
State Superintendent of Education shall voucher for payment
those claims to the State Comptroller as provided in Section
18-11.
Except as otherwise provided in this Section, if any school
district fails to provide the minimum school term specified in
Section 10-19, the State aid claim for that year shall be
reduced by the State Superintendent of Education in an amount
equivalent to 1/176 or .56818% for each day less than the
number of days required by this Code.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was occasioned
by an act or acts of God, or was occasioned by conditions
beyond the control of the school district which posed a
hazardous threat to the health and safety of pupils, the State
aid claim need not be reduced.
If a school district is precluded from providing the
minimum hours of instruction required for a full day of
attendance due to an adverse weather condition or a condition
beyond the control of the school district that poses a

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hazardous threat to the health and safety of students, then the
partial day of attendance may be counted if (i) the school
district has provided at least one hour of instruction prior to
the closure of the school district, (ii) a school building has
provided at least one hour of instruction prior to the closure
of the school building, or (iii) the normal start time of the
school district is delayed.
If, prior to providing any instruction, a school district
must close one or more but not all school buildings after
consultation with a local emergency response agency or due to a
condition beyond the control of the school district, then the
school district may claim attendance for up to 2 school days
based on the average attendance of the 3 school days
immediately preceding the closure of the affected school
building. The partial or no day of attendance described in this
Section and the reasons therefore shall be certified within a
month of the closing or delayed start by the school district
superintendent to the regional superintendent of schools for
forwarding to the State Superintendent of Education for
approval.
No exception to the requirement of providing a minimum
school term may be approved by the State Superintendent of
Education pursuant to this Section unless a school district has
first used all emergency days provided for in its regular
calendar.
If the State Superintendent of Education declares that an

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energy shortage exists during any part of the school year for
the State or a designated portion of the State, a district may
operate the school attendance centers within the district 4
days of the week during the time of the shortage by extending
each existing school day by one clock hour of school work, and
the State aid claim shall not be reduced, nor shall the
employees of that district suffer any reduction in salary or
benefits as a result thereof. A district may operate all
attendance centers on this revised schedule, or may apply the
schedule to selected attendance centers, taking into
consideration such factors as pupil transportation schedules
and patterns and sources of energy for individual attendance
centers.
Electronically submitted State aid claims shall be
submitted by duly authorized district or regional individuals
over a secure network that is password protected. The
electronic submission of a State aid claim must be accompanied
with an affirmation that all of the provisions of Sections
18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
all respects.
If a school district closed one or more recognized school
buildings in the 2009-2010 school year due to the influenza
strain H1N1 prior to providing any instruction, then the school
district's State aid claim may use the prior year's average
daily attendance, adjusted for enrollment, for the days the
school buildings are closed.

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(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
95-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.