Sen. Andy Manar

Filed: 4/4/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1

2    AMENDMENT NO. ______. Amend Senate Bill 1 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the
5Evidence-Based Funding for Student Success Act.
 
6    Section 5. The Economic Development Area Tax Increment
7Allocation Act is amended by changing Section 7 as follows:
 
8    (20 ILCS 620/7)  (from Ch. 67 1/2, par. 1007)
9    Sec. 7. Creation of special tax allocation fund. If a
10municipality has adopted tax increment allocation financing
11for an economic development project area by ordinance, the
12county clerk has thereafter certified the "total initial
13equalized assessed value" of the taxable real property within
14such economic development project area in the manner provided
15in Section 6 of this Act, and the Department has approved and

 

 

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1certified the economic development project area, each year
2after the date of the certification by the county clerk of the
3"total initial equalized assessed value" until economic
4development project costs and all municipal obligations
5financing economic development project costs have been paid,
6the ad valorem taxes, if any, arising from the levies upon the
7taxable real property in the economic development project area
8by taxing districts and tax rates determined in the manner
9provided in subsection (b) of Section 6 of this Act shall be
10divided as follows:
11    (1) That portion of the taxes levied upon each taxable lot,
12block, tract or parcel of real property which is attributable
13to the lower of the current equalized assessed value or the
14initial equalized assessed value of each such taxable lot,
15block, tract, or parcel of real property existing at the time
16tax increment allocation financing was adopted, shall be
17allocated to and when collected shall be paid by the county
18collector to the respective affected taxing districts in the
19manner required by law in the absence of the adoption of tax
20increment allocation financing.
21    (2) That portion, if any, of those taxes which is
22attributable to the increase in the current equalized assessed
23valuation of each taxable lot, block, tract, or parcel of real
24property in the economic development project area, over and
25above the initial equalized assessed value of each property
26existing at the time tax increment allocation financing was

 

 

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1adopted, shall be allocated to and when collected shall be paid
2to the municipal treasurer, who shall deposit those taxes into
3a special fund called the special tax allocation fund of the
4municipality for the purpose of paying economic development
5project costs and obligations incurred in the payment thereof.
6    The municipality, by an ordinance adopting tax increment
7allocation financing, may pledge the funds in and to be
8deposited in the special tax allocation fund for the payment of
9obligations issued under this Act and for the payment of
10economic development project costs. No part of the current
11equalized assessed valuation of each property in the economic
12development project area attributable to any increase above the
13total initial equalized assessed value, of such properties
14shall be used in calculating the general State school aid
15formula, provided for in Section 18-8 of the School Code, or
16the evidence-based funding formula, provided for in Section
1718-8.15 of the School Code, until such time as all economic
18development projects costs have been paid as provided for in
19this Section.
20    When the economic development project costs, including
21without limitation all municipal obligations financing
22economic development project costs incurred under this Act,
23have been paid, all surplus funds then remaining in the special
24tax allocation fund shall be distributed by being paid by the
25municipal treasurer to the county collector, who shall
26immediately thereafter pay those funds to the taxing districts

 

 

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1having taxable property in the economic development project
2area in the same manner and proportion as the most recent
3distribution by the county collector to those taxing districts
4of real property taxes from real property in the economic
5development project area.
6    Upon the payment of all economic development project costs,
7retirement of obligations and the distribution of any excess
8monies pursuant to this Section the municipality shall adopt an
9ordinance dissolving the special tax allocation fund for the
10economic development project area, terminating the economic
11development project area, and terminating the use of tax
12increment allocation financing for the economic development
13project area. Thereafter the rates of the taxing districts
14shall be extended and taxes levied, collected and distributed
15in the manner applicable in the absence of the adoption of tax
16increment allocation financing.
17    Nothing in this Section shall be construed as relieving
18property in economic development project areas from being
19assessed as provided in the Property Tax Code, or as relieving
20owners of that property from paying a uniform rate of taxes, as
21required by Section 4 of Article IX of the Illinois
22Constitution.
23(Source: P.A. 98-463, eff. 8-16-13.)
 
24    Section 10. The State Finance Act is amended by changing
25Section 13.2 as follows:
 

 

 

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1    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
2    Sec. 13.2. Transfers among line item appropriations.
3    (a) Transfers among line item appropriations from the same
4treasury fund for the objects specified in this Section may be
5made in the manner provided in this Section when the balance
6remaining in one or more such line item appropriations is
7insufficient for the purpose for which the appropriation was
8made.
9    (a-1) No transfers may be made from one agency to another
10agency, nor may transfers be made from one institution of
11higher education to another institution of higher education
12except as provided by subsection (a-4).
13    (a-2) Except as otherwise provided in this Section,
14transfers may be made only among the objects of expenditure
15enumerated in this Section, except that no funds may be
16transferred from any appropriation for personal services, from
17any appropriation for State contributions to the State
18Employees' Retirement System, from any separate appropriation
19for employee retirement contributions paid by the employer, nor
20from any appropriation for State contribution for employee
21group insurance. During State fiscal year 2005, an agency may
22transfer amounts among its appropriations within the same
23treasury fund for personal services, employee retirement
24contributions paid by employer, and State Contributions to
25retirement systems; notwithstanding and in addition to the

 

 

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1transfers authorized in subsection (c) of this Section, the
2fiscal year 2005 transfers authorized in this sentence may be
3made in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund. During
5State fiscal year 2007, the Departments of Children and Family
6Services, Corrections, Human Services, and Juvenile Justice
7may transfer amounts among their respective appropriations
8within the same treasury fund for personal services, employee
9retirement contributions paid by employer, and State
10contributions to retirement systems. During State fiscal year
112010, the Department of Transportation may transfer amounts
12among their respective appropriations within the same treasury
13fund for personal services, employee retirement contributions
14paid by employer, and State contributions to retirement
15systems. During State fiscal years 2010 and 2014 only, an
16agency may transfer amounts among its respective
17appropriations within the same treasury fund for personal
18services, employee retirement contributions paid by employer,
19and State contributions to retirement systems.
20Notwithstanding, and in addition to, the transfers authorized
21in subsection (c) of this Section, these transfers may be made
22in an amount not to exceed 2% of the aggregate amount
23appropriated to an agency within the same treasury fund.
24    (a-2.5) During State fiscal year 2015 only, the State's
25Attorneys Appellate Prosecutor may transfer amounts among its
26respective appropriations contained in operational line items

 

 

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1within the same treasury fund. Notwithstanding, and in addition
2to, the transfers authorized in subsection (c) of this Section,
3these transfers may be made in an amount not to exceed 4% of
4the aggregate amount appropriated to the State's Attorneys
5Appellate Prosecutor within the same treasury fund.
6    (a-3) Further, if an agency receives a separate
7appropriation for employee retirement contributions paid by
8the employer, any transfer by that agency into an appropriation
9for personal services must be accompanied by a corresponding
10transfer into the appropriation for employee retirement
11contributions paid by the employer, in an amount sufficient to
12meet the employer share of the employee contributions required
13to be remitted to the retirement system.
14    (a-4) Long-Term Care Rebalancing. The Governor may
15designate amounts set aside for institutional services
16appropriated from the General Revenue Fund or any other State
17fund that receives monies for long-term care services to be
18transferred to all State agencies responsible for the
19administration of community-based long-term care programs,
20including, but not limited to, community-based long-term care
21programs administered by the Department of Healthcare and
22Family Services, the Department of Human Services, and the
23Department on Aging, provided that the Director of Healthcare
24and Family Services first certifies that the amounts being
25transferred are necessary for the purpose of assisting persons
26in or at risk of being in institutional care to transition to

 

 

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1community-based settings, including the financial data needed
2to prove the need for the transfer of funds. The total amounts
3transferred shall not exceed 4% in total of the amounts
4appropriated from the General Revenue Fund or any other State
5fund that receives monies for long-term care services for each
6fiscal year. A notice of the fund transfer must be made to the
7General Assembly and posted at a minimum on the Department of
8Healthcare and Family Services website, the Governor's Office
9of Management and Budget website, and any other website the
10Governor sees fit. These postings shall serve as notice to the
11General Assembly of the amounts to be transferred. Notice shall
12be given at least 30 days prior to transfer.
13    (b) In addition to the general transfer authority provided
14under subsection (c), the following agencies have the specific
15transfer authority granted in this subsection:
16    The Department of Healthcare and Family Services is
17authorized to make transfers representing savings attributable
18to not increasing grants due to the births of additional
19children from line items for payments of cash grants to line
20items for payments for employment and social services for the
21purposes outlined in subsection (f) of Section 4-2 of the
22Illinois Public Aid Code.
23    The Department of Children and Family Services is
24authorized to make transfers not exceeding 2% of the aggregate
25amount appropriated to it within the same treasury fund for the
26following line items among these same line items: Foster Home

 

 

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1and Specialized Foster Care and Prevention, Institutions and
2Group Homes and Prevention, and Purchase of Adoption and
3Guardianship Services.
4    The Department on Aging is authorized to make transfers not
5exceeding 2% of the aggregate amount appropriated to it within
6the same treasury fund for the following Community Care Program
7line items among these same line items: purchase of services
8covered by the Community Care Program and Comprehensive Case
9Coordination.
10    The State Treasurer is authorized to make transfers among
11line item appropriations from the Capital Litigation Trust
12Fund, with respect to costs incurred in fiscal years 2002 and
132003 only, when the balance remaining in one or more such line
14item appropriations is insufficient for the purpose for which
15the appropriation was made, provided that no such transfer may
16be made unless the amount transferred is no longer required for
17the purpose for which that appropriation was made.
18    The State Board of Education is authorized to make
19transfers from line item appropriations within the same
20treasury fund for General State Aid, and General State Aid -
21Hold Harmless, Evidence-Based Funding, provided that no such
22transfer may be made unless the amount transferred is no longer
23required for the purpose for which that appropriation was made,
24to the line item appropriation for Transitional Assistance when
25the balance remaining in such line item appropriation is
26insufficient for the purpose for which the appropriation was

 

 

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1made.
2    The State Board of Education is authorized to make
3transfers between the following line item appropriations
4within the same treasury fund: Disabled Student
5Services/Materials (Section 14-13.01 of the School Code),
6Disabled Student Transportation Reimbursement (Section
714-13.01 of the School Code), Disabled Student Tuition -
8Private Tuition (Section 14-7.02 of the School Code),
9Extraordinary Special Education (Section 14-7.02b of the
10School Code), Reimbursement for Free Lunch/Breakfast Program,
11Summer School Payments (Section 18-4.3 of the School Code), and
12Transportation - Regular/Vocational Reimbursement (Section
1329-5 of the School Code). Such transfers shall be made only
14when the balance remaining in one or more such line item
15appropriations is insufficient for the purpose for which the
16appropriation was made and provided that no such transfer may
17be made unless the amount transferred is no longer required for
18the purpose for which that appropriation was made.
19    The Department of Healthcare and Family Services is
20authorized to make transfers not exceeding 4% of the aggregate
21amount appropriated to it, within the same treasury fund, among
22the various line items appropriated for Medical Assistance.
23    (c) The sum of such transfers for an agency in a fiscal
24year shall not exceed 2% of the aggregate amount appropriated
25to it within the same treasury fund for the following objects:
26Personal Services; Extra Help; Student and Inmate

 

 

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1Compensation; State Contributions to Retirement Systems; State
2Contributions to Social Security; State Contribution for
3Employee Group Insurance; Contractual Services; Travel;
4Commodities; Printing; Equipment; Electronic Data Processing;
5Operation of Automotive Equipment; Telecommunications
6Services; Travel and Allowance for Committed, Paroled and
7Discharged Prisoners; Library Books; Federal Matching Grants
8for Student Loans; Refunds; Workers' Compensation,
9Occupational Disease, and Tort Claims; and, in appropriations
10to institutions of higher education, Awards and Grants.
11Notwithstanding the above, any amounts appropriated for
12payment of workers' compensation claims to an agency to which
13the authority to evaluate, administer and pay such claims has
14been delegated by the Department of Central Management Services
15may be transferred to any other expenditure object where such
16amounts exceed the amount necessary for the payment of such
17claims.
18    (c-1) Special provisions for State fiscal year 2003.
19Notwithstanding any other provision of this Section to the
20contrary, for State fiscal year 2003 only, transfers among line
21item appropriations to an agency from the same treasury fund
22may be made provided that the sum of such transfers for an
23agency in State fiscal year 2003 shall not exceed 3% of the
24aggregate amount appropriated to that State agency for State
25fiscal year 2003 for the following objects: personal services,
26except that no transfer may be approved which reduces the

 

 

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1aggregate appropriations for personal services within an
2agency; extra help; student and inmate compensation; State
3contributions to retirement systems; State contributions to
4social security; State contributions for employee group
5insurance; contractual services; travel; commodities;
6printing; equipment; electronic data processing; operation of
7automotive equipment; telecommunications services; travel and
8allowance for committed, paroled, and discharged prisoners;
9library books; federal matching grants for student loans;
10refunds; workers' compensation, occupational disease, and tort
11claims; and, in appropriations to institutions of higher
12education, awards and grants.
13    (c-2) Special provisions for State fiscal year 2005.
14Notwithstanding subsections (a), (a-2), and (c), for State
15fiscal year 2005 only, transfers may be made among any line
16item appropriations from the same or any other treasury fund
17for any objects or purposes, without limitation, when the
18balance remaining in one or more such line item appropriations
19is insufficient for the purpose for which the appropriation was
20made, provided that the sum of those transfers by a State
21agency shall not exceed 4% of the aggregate amount appropriated
22to that State agency for fiscal year 2005.
23    (c-3) Special provisions for State fiscal year 2015.
24Notwithstanding any other provision of this Section, for State
25fiscal year 2015, transfers among line item appropriations to a
26State agency from the same State treasury fund may be made for

 

 

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1operational or lump sum expenses only, provided that the sum of
2such transfers for a State agency in State fiscal year 2015
3shall not exceed 4% of the aggregate amount appropriated to
4that State agency for operational or lump sum expenses for
5State fiscal year 2015. For the purpose of this subsection,
6"operational or lump sum expenses" includes the following
7objects: personal services; extra help; student and inmate
8compensation; State contributions to retirement systems; State
9contributions to social security; State contributions for
10employee group insurance; contractual services; travel;
11commodities; printing; equipment; electronic data processing;
12operation of automotive equipment; telecommunications
13services; travel and allowance for committed, paroled, and
14discharged prisoners; library books; federal matching grants
15for student loans; refunds; workers' compensation,
16occupational disease, and tort claims; lump sum and other
17purposes; and lump sum operations. For the purpose of this
18subsection (c-3), "State agency" does not include the Attorney
19General, the Secretary of State, the Comptroller, the
20Treasurer, or the legislative or judicial branches.
21    (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10 of
25this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

 

 

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1Illinois University, Chicago State University, Eastern
2Illinois University, Governors State University, Illinois
3State University, Northeastern Illinois University, Northern
4Illinois University, Western Illinois University, the Illinois
5Mathematics and Science Academy and the Board of Higher
6Education require the approval of the Board of Higher Education
7and the Governor. Transfers among appropriations to all other
8agencies require the approval of the Governor.
9    The officer responsible for approval shall certify that the
10transfer is necessary to carry out the programs and purposes
11for which the appropriations were made by the General Assembly
12and shall transmit to the State Comptroller a certified copy of
13the approval which shall set forth the specific amounts
14transferred so that the Comptroller may change his records
15accordingly. The Comptroller shall furnish the Governor with
16information copies of all transfers approved for agencies of
17the Legislative and Judicial departments and transfers
18approved by the constitutionally elected officials of the
19Executive branch other than the Governor, showing the amounts
20transferred and indicating the dates such changes were entered
21on the Comptroller's records.
22    (e) The State Board of Education, in consultation with the
23State Comptroller, may transfer line item appropriations for
24General State Aid or Evidence-Based Funding between the Common
25School Fund and the Education Assistance Fund. With the advice
26and consent of the Governor's Office of Management and Budget,

 

 

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1the State Board of Education, in consultation with the State
2Comptroller, may transfer line item appropriations between the
3General Revenue Fund and the Education Assistance Fund for the
4following programs:
5        (1) Disabled Student Personnel Reimbursement (Section
6    14-13.01 of the School Code);
7        (2) Disabled Student Transportation Reimbursement
8    (subsection (b) of Section 14-13.01 of the School Code);
9        (3) Disabled Student Tuition - Private Tuition
10    (Section 14-7.02 of the School Code);
11        (4) Extraordinary Special Education (Section 14-7.02b
12    of the School Code);
13        (5) Reimbursement for Free Lunch/Breakfast Programs;
14        (6) Summer School Payments (Section 18-4.3 of the
15    School Code);
16        (7) Transportation - Regular/Vocational Reimbursement
17    (Section 29-5 of the School Code);
18        (8) Regular Education Reimbursement (Section 18-3 of
19    the School Code); and
20        (9) Special Education Reimbursement (Section 14-7.03
21    of the School Code).
22(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
23eff. 3-26-15.)
 
24    Section 15. The Property Tax Code is amended by changing
25Sections 18-200 and 18-249 as follows:
 

 

 

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1    (35 ILCS 200/18-200)
2    Sec. 18-200. School Code. A school district's State aid
3shall not be reduced under the computation under subsections
45(a) through 5(h) of Part A of Section 18-8 of the School Code
5or under Section 18-8.15 of the School Code due to the
6operating tax rate falling from above the minimum requirement
7of that Section of the School Code to below the minimum
8requirement of that Section of the School Code due to the
9operation of this Law.
10(Source: P.A. 87-17; 88-455.)
 
11    (35 ILCS 200/18-249)
12    Sec. 18-249. Miscellaneous provisions.
13    (a) Certification of new property. For the 1994 levy year,
14the chief county assessment officer shall certify to the county
15clerk, after all changes by the board of review or board of
16appeals, as the case may be, the assessed value of new property
17by taxing district for the 1994 levy year under rules
18promulgated by the Department.
19    (b) School Code. A school district's State aid shall not be
20reduced under the computation under subsections 5(a) through
215(h) of Part A of Section 18-8 of the School Code or under
22Section 18-8.15 of the School Code due to the operating tax
23rate falling from above the minimum requirement of that Section
24of the School Code to below the minimum requirement of that

 

 

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1Section of the School Code due to the operation of this Law.
2    (c) Rules. The Department shall make and promulgate
3reasonable rules relating to the administration of the purposes
4and provisions of Sections 18-246 through 18-249 as may be
5necessary or appropriate.
6(Source: P.A. 89-1, eff. 2-12-95.)
 
7    Section 20. The Innovation Development and Economy Act is
8amended by changing Section 33 as follows:
 
9    (50 ILCS 470/33)
10    Sec. 33. STAR Bonds School Improvement and Operations Trust
11Fund.
12    (a) The STAR Bonds School Improvement and Operations Trust
13Fund is created as a trust fund in the State treasury. Deposits
14into the Trust Fund shall be made as provided under this
15Section. Moneys in the Trust Fund shall be used by the
16Department of Revenue only for the purpose of making payments
17to school districts in educational service regions that include
18or are adjacent to the STAR bond district. Moneys in the Trust
19Fund are not subject to appropriation and shall be used solely
20as provided in this Section. All deposits into the Trust Fund
21shall be held in the Trust Fund by the State Treasurer as ex
22officio custodian separate and apart from all public moneys or
23funds of this State and shall be administered by the Department
24exclusively for the purposes set forth in this Section. All

 

 

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1moneys in the Trust Fund shall be invested and reinvested by
2the State Treasurer. All interest accruing from these
3investments shall be deposited in the Trust Fund.
4    (b) Upon approval of a STAR bond district, the political
5subdivision shall immediately transmit to the county clerk of
6the county in which the district is located a certified copy of
7the ordinance creating the district, a legal description of the
8district, a map of the district, identification of the year
9that the county clerk shall use for determining the total
10initial equalized assessed value of the district consistent
11with subsection (c), and a list of the parcel or tax
12identification number of each parcel of property included in
13the district.
14    (c) Upon approval of a STAR bond district, the county clerk
15immediately thereafter shall determine (i) the most recently
16ascertained equalized assessed value of each lot, block, tract,
17or parcel of real property within the STAR bond district, from
18which shall be deducted the homestead exemptions under Article
1915 of the Property Tax Code, which value shall be the initial
20equalized assessed value of each such piece of property, and
21(ii) the total equalized assessed value of all taxable real
22property within the district by adding together the most
23recently ascertained equalized assessed value of each taxable
24lot, block, tract, or parcel of real property within the
25district, from which shall be deducted the homestead exemptions
26under Article 15 of the Property Tax Code, and shall certify

 

 

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1that amount as the total initial equalized assessed value of
2the taxable real property within the STAR bond district.
3    (d) In reference to any STAR bond district created within
4any political subdivision, and in respect to which the county
5clerk has certified the total initial equalized assessed value
6of the property in the area, the political subdivision may
7thereafter request the clerk in writing to adjust the initial
8equalized value of all taxable real property within the STAR
9bond district by deducting therefrom the exemptions under
10Article 15 of the Property Tax Code applicable to each lot,
11block, tract, or parcel of real property within the STAR bond
12district. The county clerk shall immediately, after the written
13request to adjust the total initial equalized value is
14received, determine the total homestead exemptions in the STAR
15bond district as provided under Article 15 of the Property Tax
16Code by adding together the homestead exemptions provided by
17said Article on each lot, block, tract, or parcel of real
18property within the STAR bond district and then shall deduct
19the total of said exemptions from the total initial equalized
20assessed value. The county clerk shall then promptly certify
21that amount as the total initial equalized assessed value as
22adjusted of the taxable real property within the STAR bond
23district.
24    (e) The county clerk or other person authorized by law
25shall compute the tax rates for each taxing district with all
26or a portion of its equalized assessed value located in the

 

 

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1STAR bond district. The rate per cent of tax determined shall
2be extended to the current equalized assessed value of all
3property in the district in the same manner as the rate per
4cent of tax is extended to all other taxable property in the
5taxing district.
6    (f) Beginning with the assessment year in which the first
7destination user in the first STAR bond project in a STAR bond
8district makes its first retail sales and for each assessment
9year thereafter until final maturity of the last STAR bonds
10issued in the district, the county clerk or other person
11authorized by law shall determine the increase in equalized
12assessed value of all real property within the STAR bond
13district by subtracting the initial equalized assessed value of
14all property in the district certified under subsection (c)
15from the current equalized assessed value of all property in
16the district. Each year, the property taxes arising from the
17increase in equalized assessed value in the STAR bond district
18shall be determined for each taxing district and shall be
19certified to the county collector.
20    (g) Beginning with the year in which taxes are collected
21based on the assessment year in which the first destination
22user in the first STAR bond project in a STAR bond district
23makes its first retail sales and for each year thereafter until
24final maturity of the last STAR bonds issued in the district,
25the county collector shall, within 30 days after receipt of
26property taxes, transmit to the Department to be deposited into

 

 

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1the STAR Bonds School Improvement and Operations Trust Fund 15%
2of property taxes attributable to the increase in equalized
3assessed value within the STAR bond district from each taxing
4district as certified in subsection (f).
5    (h) The Department shall pay to the regional superintendent
6of schools whose educational service region includes Franklin
7and Williamson Counties, for each year for which money is
8remitted to the Department and paid into the STAR Bonds School
9Improvement and Operations Trust Fund, the money in the Fund as
10provided in this Section. The amount paid to each school
11district shall be allocated proportionately, based on each
12qualifying school district's fall enrollment for the
13then-current school year, such that the school district with
14the largest fall enrollment receives the largest proportionate
15share of money paid out of the Fund or by any other method or
16formula that the regional superintendent of schools deems fit,
17equitable, and in the public interest. The regional
18superintendent may allocate moneys to school districts that are
19outside of his or her educational service region or to other
20regional superintendents.
21    The Department shall determine the distributions under
22this Section using its best judgment and information. The
23Department shall be held harmless for the distributions made
24under this Section and all distributions shall be final.
25    (i) In any year that an assessment appeal is filed, the
26extension of taxes on any assessment so appealed shall not be

 

 

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1delayed. In the case of an assessment that is altered, any
2taxes extended upon the unauthorized assessment or part thereof
3shall be abated, or, if already paid, shall be refunded with
4interest as provided in Section 23-20 of the Property Tax Code.
5In the case of an assessment appeal, the county collector shall
6notify the Department that an assessment appeal has been filed
7and the amount of the tax that would have been deposited in the
8STAR Bonds School Improvement and Operations Trust Fund. The
9county collector shall hold that amount in a separate fund
10until the appeal process is final. After the appeal process is
11finalized, the county collector shall transmit to the
12Department the amount of tax that remains, if any, after all
13required refunds are made. The Department shall pay any amount
14deposited into the Trust Fund under this Section in the same
15proportion as determined for payments for that taxable year
16under subsection (h).
17    (j) In any year that ad valorem taxes are allocated to the
18STAR Bonds School Improvement and Operations Trust Fund, that
19allocation shall not reduce or otherwise impact the school aid
20provided to any school district under the general State school
21aid formula provided for in Section 18-8.05 of the School Code
22or the evidence-based funding formula provided for in Section
2318-8.15 of the School Code.
24(Source: P.A. 96-939, eff. 6-24-10.)
 
25    Section 25. The County Economic Development Project Area

 

 

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1Property Tax Allocation Act is amended by changing Section 7 as
2follows:
 
3    (55 ILCS 85/7)  (from Ch. 34, par. 7007)
4    Sec. 7. Creation of special tax allocation fund. If a
5county has adopted property tax allocation financing by
6ordinance for an economic development project area, the
7Department has approved and certified the economic development
8project area, and the county clerk has thereafter certified the
9"total initial equalized value" of the taxable real property
10within such economic development project area in the manner
11provided in subsection (b) of Section 6 of this Act, each year
12after the date of the certification by the county clerk of the
13"initial equalized assessed value" until economic development
14project costs and all county obligations financing economic
15development project costs have been paid, the ad valorem taxes,
16if any, arising from the levies upon the taxable real property
17in the economic development project area by taxing districts
18and tax rates determined in the manner provided in subsection
19(b) of Section 6 of this Act shall be divided as follows:
20        (1) That portion of the taxes levied upon each taxable
21    lot, block, tract or parcel of real property which is
22    attributable to the lower of the current equalized assessed
23    value or the initial equalized assessed value of each such
24    taxable lot, block, tract, or parcel of real property
25    existing at the time property tax allocation financing was

 

 

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1    adopted shall be allocated and when collected shall be paid
2    by the county collector to the respective affected taxing
3    districts in the manner required by the law in the absence
4    of the adoption of property tax allocation financing.
5        (2) That portion, if any, of those taxes which is
6    attributable to the increase in the current equalized
7    assessed valuation of each taxable lot, block, tract, or
8    parcel of real property in the economic development project
9    are, over and above the initial equalized assessed value of
10    each property existing at the time property tax allocation
11    financing was adopted shall be allocated to and when
12    collected shall be paid to the county treasurer, who shall
13    deposit those taxes into a special fund called the special
14    tax allocation fund of the county for the purpose of paying
15    economic development project costs and obligations
16    incurred in the payment thereof.
17    The county, by an ordinance adopting property tax
18allocation financing, may pledge the funds in and to be
19deposited in the special tax allocation fund for the payment of
20obligations issued under this Act and for the payment of
21economic development project costs. No part of the current
22equalized assessed valuation of each property in the economic
23development project area attributable to any increase above the
24total initial equalized assessed value of such properties shall
25be used in calculating the general State school aid formula,
26provided for in Section 18-8 of the School Code, or the

 

 

10000SB0001sam003- 25 -LRB100 06371 NHT 24718 a

1evidence-based funding formula, provided for in Section
218-8.15 of the School Code, until such time as all economic
3development projects costs have been paid as provided for in
4this Section.
5    Whenever a county issues bonds for the purpose of financing
6economic development project costs, the county may provide by
7ordinance for the appointment of a trustee, which may be any
8trust company within the State, and for the establishment of
9the funds or accounts to be maintained by such trustee as the
10county shall deem necessary to provide for the security and
11payment of the bonds. If the county provides for the
12appointment of a trustee, the trustee shall be considered the
13assignee of any payments assigned by the county pursuant to the
14ordinance and this Section. Any amounts paid to the trustee as
15assignee shall be deposited in the funds or accounts
16established pursuant to the trust agreement, and shall be held
17by the trustee in trust for the benefit of the holders of the
18bonds, and the holders shall have a lien on and a security
19interest in those bonds or accounts so long as the bonds remain
20outstanding and unpaid. Upon retirement of the bonds, the
21trustee shall pay over any excess amounts held to the county
22for deposit in the special tax allocation fund.
23    When the economic development project costs, including
24without limitation all county obligations financing economic
25development project costs incurred under this Act, have been
26paid, all surplus funds then remaining in the special tax

 

 

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1allocation funds shall be distributed by being paid by the
2county treasurer to the county collector, who shall immediately
3thereafter pay those funds to the taxing districts having
4taxable property in the economic development project area in
5the same manner and proportion as the most recent distribution
6by the county collector to those taxing districts of real
7property taxes from real property in the economic development
8project area.
9    Upon the payment of all economic development project costs,
10retirement of obligations and the distribution of any excess
11monies pursuant to this Section and not later than 23 years
12from the date of adoption of the ordinance adopting property
13tax allocation financing, the county shall adopt an ordinance
14dissolving the special tax allocation fund for the economic
15development project area and terminating the designation of the
16economic development project area as an economic development
17project area; however, in relation to one or more contiguous
18parcels not exceeding a total area of 120 acres within which an
19electric generating facility is intended to be constructed, and
20with respect to which the owner of that proposed electric
21generating facility has entered into a redevelopment agreement
22with Grundy County on or before July 25, 2017, the ordinance of
23the county required in this paragraph shall not dissolve the
24special tax allocation fund for the existing economic
25development project area and shall only terminate the
26designation of the economic development project area as to

 

 

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1those portions of the economic development project area
2excluding the area covered by the redevelopment agreement
3between the owner of the proposed electric generating facility
4and Grundy County; the county shall adopt an ordinance
5dissolving the special tax allocation fund for the economic
6development project area and terminating the designation of the
7economic development project area as an economic development
8project area with regard to the electric generating facility
9property not later than 35 years from the date of adoption of
10the ordinance adopting property tax allocation financing.
11Thereafter the rates of the taxing districts shall be extended
12and taxes levied, collected and distributed in the manner
13applicable in the absence of the adoption of property tax
14allocation financing.
15    Nothing in this Section shall be construed as relieving
16property in economic development project areas from being
17assessed as provided in the Property Tax Code or as relieving
18owners of that property from paying a uniform rate of taxes, as
19required by Section 4 of Article IX of the Illinois
20Constitution of 1970.
21(Source: P.A. 98-463, eff. 8-16-13; 99-513, eff. 6-30-16.)
 
22    Section 30. The County Economic Development Project Area
23Tax Increment Allocation Act of 1991 is amended by changing
24Section 50 as follows:
 

 

 

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1    (55 ILCS 90/50)  (from Ch. 34, par. 8050)
2    Sec. 50. Special tax allocation fund.
3    (a) If a county clerk has certified the "total initial
4equalized assessed value" of the taxable real property within
5an economic development project area in the manner provided in
6Section 45, each year after the date of the certification by
7the county clerk of the "total initial equalized assessed
8value", until economic development project costs and all county
9obligations financing economic development project costs have
10been paid, the ad valorem taxes, if any, arising from the
11levies upon the taxable real property in the economic
12development project area by taxing districts and tax rates
13determined in the manner provided in subsection (b) of Section
1445 shall be divided as follows:
15        (1) That portion of the taxes levied upon each taxable
16    lot, block, tract, or parcel of real property that is
17    attributable to the lower of the current equalized assessed
18    value or the initial equalized assessed value of each
19    taxable lot, block, tract, or parcel of real property
20    existing at the time tax increment financing was adopted
21    shall be allocated to (and when collected shall be paid by
22    the county collector to) the respective affected taxing
23    districts in the manner required by law in the absence of
24    the adoption of tax increment allocation financing.
25        (2) That portion, if any, of the taxes that is
26    attributable to the increase in the current equalized

 

 

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1    assessed valuation of each taxable lot, block, tract, or
2    parcel of real property in the economic development project
3    area, over and above the initial equalized assessed value
4    of each property existing at the time tax increment
5    financing was adopted, shall be allocated to (and when
6    collected shall be paid to) the county treasurer, who shall
7    deposit the taxes into a special fund (called the special
8    tax allocation fund of the county) for the purpose of
9    paying economic development project costs and obligations
10    incurred in the payment of those costs.
11    (b) The county, by an ordinance adopting tax increment
12allocation financing, may pledge the monies in and to be
13deposited into the special tax allocation fund for the payment
14of obligations issued under this Act and for the payment of
15economic development project costs. No part of the current
16equalized assessed valuation of each property in the economic
17development project area attributable to any increase above the
18total initial equalized assessed value of those properties
19shall be used in calculating the general State school aid
20formula under Section 18-8 of the School Code or the
21evidence-based funding formula under Section 18-8.15 of the
22School Code until all economic development projects costs have
23been paid as provided for in this Section.
24    (c) When the economic development projects costs,
25including without limitation all county obligations financing
26economic development project costs incurred under this Act,

 

 

10000SB0001sam003- 30 -LRB100 06371 NHT 24718 a

1have been paid, all surplus monies then remaining in the
2special tax allocation fund shall be distributed by being paid
3by the county treasurer to the county collector, who shall
4immediately pay the monies to the taxing districts having
5taxable property in the economic development project area in
6the same manner and proportion as the most recent distribution
7by the county collector to those taxing districts of real
8property taxes from real property in the economic development
9project area.
10    (d) Upon the payment of all economic development project
11costs, retirement of obligations, and distribution of any
12excess monies under this Section, the county shall adopt an
13ordinance dissolving the special tax allocation fund for the
14economic development project area and terminating the
15designation of the economic development project area as an
16economic development project area. Thereafter, the rates of the
17taxing districts shall be extended and taxes shall be levied,
18collected, and distributed in the manner applicable in the
19absence of the adoption of tax increment allocation financing.
20    (e) Nothing in this Section shall be construed as relieving
21property in the economic development project areas from being
22assessed as provided in the Property Tax Code or as relieving
23owners of that property from paying a uniform rate of taxes as
24required by Section 4 of Article IX of the Illinois
25Constitution.
26(Source: P.A. 98-463, eff. 8-16-13.)
 

 

 

10000SB0001sam003- 31 -LRB100 06371 NHT 24718 a

1    Section 35. The Illinois Municipal Code is amended by
2changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as
3follows:
 
4    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
5    Sec. 11-74.4-3. Definitions. The following terms, wherever
6used or referred to in this Division 74.4 shall have the
7following respective meanings, unless in any case a different
8meaning clearly appears from the context.
9    (a) For any redevelopment project area that has been
10designated pursuant to this Section by an ordinance adopted
11prior to November 1, 1999 (the effective date of Public Act
1291-478), "blighted area" shall have the meaning set forth in
13this Section prior to that date.
14    On and after November 1, 1999, "blighted area" means any
15improved or vacant area within the boundaries of a
16redevelopment project area located within the territorial
17limits of the municipality where:
18        (1) If improved, industrial, commercial, and
19    residential buildings or improvements are detrimental to
20    the public safety, health, or welfare because of a
21    combination of 5 or more of the following factors, each of
22    which is (i) present, with that presence documented, to a
23    meaningful extent so that a municipality may reasonably
24    find that the factor is clearly present within the intent

 

 

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1    of the Act and (ii) reasonably distributed throughout the
2    improved part of the redevelopment project area:
3            (A) Dilapidation. An advanced state of disrepair
4        or neglect of necessary repairs to the primary
5        structural components of buildings or improvements in
6        such a combination that a documented building
7        condition analysis determines that major repair is
8        required or the defects are so serious and so extensive
9        that the buildings must be removed.
10            (B) Obsolescence. The condition or process of
11        falling into disuse. Structures have become ill-suited
12        for the original use.
13            (C) Deterioration. With respect to buildings,
14        defects including, but not limited to, major defects in
15        the secondary building components such as doors,
16        windows, porches, gutters and downspouts, and fascia.
17        With respect to surface improvements, that the
18        condition of roadways, alleys, curbs, gutters,
19        sidewalks, off-street parking, and surface storage
20        areas evidence deterioration, including, but not
21        limited to, surface cracking, crumbling, potholes,
22        depressions, loose paving material, and weeds
23        protruding through paved surfaces.
24            (D) Presence of structures below minimum code
25        standards. All structures that do not meet the
26        standards of zoning, subdivision, building, fire, and

 

 

10000SB0001sam003- 33 -LRB100 06371 NHT 24718 a

1        other governmental codes applicable to property, but
2        not including housing and property maintenance codes.
3            (E) Illegal use of individual structures. The use
4        of structures in violation of applicable federal,
5        State, or local laws, exclusive of those applicable to
6        the presence of structures below minimum code
7        standards.
8            (F) Excessive vacancies. The presence of buildings
9        that are unoccupied or under-utilized and that
10        represent an adverse influence on the area because of
11        the frequency, extent, or duration of the vacancies.
12            (G) Lack of ventilation, light, or sanitary
13        facilities. The absence of adequate ventilation for
14        light or air circulation in spaces or rooms without
15        windows, or that require the removal of dust, odor,
16        gas, smoke, or other noxious airborne materials.
17        Inadequate natural light and ventilation means the
18        absence of skylights or windows for interior spaces or
19        rooms and improper window sizes and amounts by room
20        area to window area ratios. Inadequate sanitary
21        facilities refers to the absence or inadequacy of
22        garbage storage and enclosure, bathroom facilities,
23        hot water and kitchens, and structural inadequacies
24        preventing ingress and egress to and from all rooms and
25        units within a building.
26            (H) Inadequate utilities. Underground and overhead

 

 

10000SB0001sam003- 34 -LRB100 06371 NHT 24718 a

1        utilities such as storm sewers and storm drainage,
2        sanitary sewers, water lines, and gas, telephone, and
3        electrical services that are shown to be inadequate.
4        Inadequate utilities are those that are: (i) of
5        insufficient capacity to serve the uses in the
6        redevelopment project area, (ii) deteriorated,
7        antiquated, obsolete, or in disrepair, or (iii)
8        lacking within the redevelopment project area.
9            (I) Excessive land coverage and overcrowding of
10        structures and community facilities. The
11        over-intensive use of property and the crowding of
12        buildings and accessory facilities onto a site.
13        Examples of problem conditions warranting the
14        designation of an area as one exhibiting excessive land
15        coverage are: (i) the presence of buildings either
16        improperly situated on parcels or located on parcels of
17        inadequate size and shape in relation to present-day
18        standards of development for health and safety and (ii)
19        the presence of multiple buildings on a single parcel.
20        For there to be a finding of excessive land coverage,
21        these parcels must exhibit one or more of the following
22        conditions: insufficient provision for light and air
23        within or around buildings, increased threat of spread
24        of fire due to the close proximity of buildings, lack
25        of adequate or proper access to a public right-of-way,
26        lack of reasonably required off-street parking, or

 

 

10000SB0001sam003- 35 -LRB100 06371 NHT 24718 a

1        inadequate provision for loading and service.
2            (J) Deleterious land use or layout. The existence
3        of incompatible land-use relationships, buildings
4        occupied by inappropriate mixed-uses, or uses
5        considered to be noxious, offensive, or unsuitable for
6        the surrounding area.
7            (K) Environmental clean-up. The proposed
8        redevelopment project area has incurred Illinois
9        Environmental Protection Agency or United States
10        Environmental Protection Agency remediation costs for,
11        or a study conducted by an independent consultant
12        recognized as having expertise in environmental
13        remediation has determined a need for, the clean-up of
14        hazardous waste, hazardous substances, or underground
15        storage tanks required by State or federal law,
16        provided that the remediation costs constitute a
17        material impediment to the development or
18        redevelopment of the redevelopment project area.
19            (L) Lack of community planning. The proposed
20        redevelopment project area was developed prior to or
21        without the benefit or guidance of a community plan.
22        This means that the development occurred prior to the
23        adoption by the municipality of a comprehensive or
24        other community plan or that the plan was not followed
25        at the time of the area's development. This factor must
26        be documented by evidence of adverse or incompatible

 

 

10000SB0001sam003- 36 -LRB100 06371 NHT 24718 a

1        land-use relationships, inadequate street layout,
2        improper subdivision, parcels of inadequate shape and
3        size to meet contemporary development standards, or
4        other evidence demonstrating an absence of effective
5        community planning.
6            (M) The total equalized assessed value of the
7        proposed redevelopment project area has declined for 3
8        of the last 5 calendar years prior to the year in which
9        the redevelopment project area is designated or is
10        increasing at an annual rate that is less than the
11        balance of the municipality for 3 of the last 5
12        calendar years for which information is available or is
13        increasing at an annual rate that is less than the
14        Consumer Price Index for All Urban Consumers published
15        by the United States Department of Labor or successor
16        agency for 3 of the last 5 calendar years prior to the
17        year in which the redevelopment project area is
18        designated.
19        (2) If vacant, the sound growth of the redevelopment
20    project area is impaired by a combination of 2 or more of
21    the following factors, each of which is (i) present, with
22    that presence documented, to a meaningful extent so that a
23    municipality may reasonably find that the factor is clearly
24    present within the intent of the Act and (ii) reasonably
25    distributed throughout the vacant part of the
26    redevelopment project area to which it pertains:

 

 

10000SB0001sam003- 37 -LRB100 06371 NHT 24718 a

1            (A) Obsolete platting of vacant land that results
2        in parcels of limited or narrow size or configurations
3        of parcels of irregular size or shape that would be
4        difficult to develop on a planned basis and in a manner
5        compatible with contemporary standards and
6        requirements, or platting that failed to create
7        rights-of-ways for streets or alleys or that created
8        inadequate right-of-way widths for streets, alleys, or
9        other public rights-of-way or that omitted easements
10        for public utilities.
11            (B) Diversity of ownership of parcels of vacant
12        land sufficient in number to retard or impede the
13        ability to assemble the land for development.
14            (C) Tax and special assessment delinquencies exist
15        or the property has been the subject of tax sales under
16        the Property Tax Code within the last 5 years.
17            (D) Deterioration of structures or site
18        improvements in neighboring areas adjacent to the
19        vacant land.
20            (E) The area has incurred Illinois Environmental
21        Protection Agency or United States Environmental
22        Protection Agency remediation costs for, or a study
23        conducted by an independent consultant recognized as
24        having expertise in environmental remediation has
25        determined a need for, the clean-up of hazardous waste,
26        hazardous substances, or underground storage tanks

 

 

10000SB0001sam003- 38 -LRB100 06371 NHT 24718 a

1        required by State or federal law, provided that the
2        remediation costs constitute a material impediment to
3        the development or redevelopment of the redevelopment
4        project area.
5            (F) The total equalized assessed value of the
6        proposed redevelopment project area has declined for 3
7        of the last 5 calendar years prior to the year in which
8        the redevelopment project area is designated or is
9        increasing at an annual rate that is less than the
10        balance of the municipality for 3 of the last 5
11        calendar years for which information is available or is
12        increasing at an annual rate that is less than the
13        Consumer Price Index for All Urban Consumers published
14        by the United States Department of Labor or successor
15        agency for 3 of the last 5 calendar years prior to the
16        year in which the redevelopment project area is
17        designated.
18        (3) If vacant, the sound growth of the redevelopment
19    project area is impaired by one of the following factors
20    that (i) is present, with that presence documented, to a
21    meaningful extent so that a municipality may reasonably
22    find that the factor is clearly present within the intent
23    of the Act and (ii) is reasonably distributed throughout
24    the vacant part of the redevelopment project area to which
25    it pertains:
26            (A) The area consists of one or more unused

 

 

10000SB0001sam003- 39 -LRB100 06371 NHT 24718 a

1        quarries, mines, or strip mine ponds.
2            (B) The area consists of unused rail yards, rail
3        tracks, or railroad rights-of-way.
4            (C) The area, prior to its designation, is subject
5        to (i) chronic flooding that adversely impacts on real
6        property in the area as certified by a registered
7        professional engineer or appropriate regulatory agency
8        or (ii) surface water that discharges from all or a
9        part of the area and contributes to flooding within the
10        same watershed, but only if the redevelopment project
11        provides for facilities or improvements to contribute
12        to the alleviation of all or part of the flooding.
13            (D) The area consists of an unused or illegal
14        disposal site containing earth, stone, building
15        debris, or similar materials that were removed from
16        construction, demolition, excavation, or dredge sites.
17            (E) Prior to November 1, 1999, the area is not less
18        than 50 nor more than 100 acres and 75% of which is
19        vacant (notwithstanding that the area has been used for
20        commercial agricultural purposes within 5 years prior
21        to the designation of the redevelopment project area),
22        and the area meets at least one of the factors itemized
23        in paragraph (1) of this subsection, the area has been
24        designated as a town or village center by ordinance or
25        comprehensive plan adopted prior to January 1, 1982,
26        and the area has not been developed for that designated

 

 

10000SB0001sam003- 40 -LRB100 06371 NHT 24718 a

1        purpose.
2            (F) The area qualified as a blighted improved area
3        immediately prior to becoming vacant, unless there has
4        been substantial private investment in the immediately
5        surrounding area.
6    (b) For any redevelopment project area that has been
7designated pursuant to this Section by an ordinance adopted
8prior to November 1, 1999 (the effective date of Public Act
991-478), "conservation area" shall have the meaning set forth
10in this Section prior to that date.
11    On and after November 1, 1999, "conservation area" means
12any improved area within the boundaries of a redevelopment
13project area located within the territorial limits of the
14municipality in which 50% or more of the structures in the area
15have an age of 35 years or more. Such an area is not yet a
16blighted area but because of a combination of 3 or more of the
17following factors is detrimental to the public safety, health,
18morals or welfare and such an area may become a blighted area:
19        (1) Dilapidation. An advanced state of disrepair or
20    neglect of necessary repairs to the primary structural
21    components of buildings or improvements in such a
22    combination that a documented building condition analysis
23    determines that major repair is required or the defects are
24    so serious and so extensive that the buildings must be
25    removed.
26        (2) Obsolescence. The condition or process of falling

 

 

10000SB0001sam003- 41 -LRB100 06371 NHT 24718 a

1    into disuse. Structures have become ill-suited for the
2    original use.
3        (3) Deterioration. With respect to buildings, defects
4    including, but not limited to, major defects in the
5    secondary building components such as doors, windows,
6    porches, gutters and downspouts, and fascia. With respect
7    to surface improvements, that the condition of roadways,
8    alleys, curbs, gutters, sidewalks, off-street parking, and
9    surface storage areas evidence deterioration, including,
10    but not limited to, surface cracking, crumbling, potholes,
11    depressions, loose paving material, and weeds protruding
12    through paved surfaces.
13        (4) Presence of structures below minimum code
14    standards. All structures that do not meet the standards of
15    zoning, subdivision, building, fire, and other
16    governmental codes applicable to property, but not
17    including housing and property maintenance codes.
18        (5) Illegal use of individual structures. The use of
19    structures in violation of applicable federal, State, or
20    local laws, exclusive of those applicable to the presence
21    of structures below minimum code standards.
22        (6) Excessive vacancies. The presence of buildings
23    that are unoccupied or under-utilized and that represent an
24    adverse influence on the area because of the frequency,
25    extent, or duration of the vacancies.
26        (7) Lack of ventilation, light, or sanitary

 

 

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1    facilities. The absence of adequate ventilation for light
2    or air circulation in spaces or rooms without windows, or
3    that require the removal of dust, odor, gas, smoke, or
4    other noxious airborne materials. Inadequate natural light
5    and ventilation means the absence or inadequacy of
6    skylights or windows for interior spaces or rooms and
7    improper window sizes and amounts by room area to window
8    area ratios. Inadequate sanitary facilities refers to the
9    absence or inadequacy of garbage storage and enclosure,
10    bathroom facilities, hot water and kitchens, and
11    structural inadequacies preventing ingress and egress to
12    and from all rooms and units within a building.
13        (8) Inadequate utilities. Underground and overhead
14    utilities such as storm sewers and storm drainage, sanitary
15    sewers, water lines, and gas, telephone, and electrical
16    services that are shown to be inadequate. Inadequate
17    utilities are those that are: (i) of insufficient capacity
18    to serve the uses in the redevelopment project area, (ii)
19    deteriorated, antiquated, obsolete, or in disrepair, or
20    (iii) lacking within the redevelopment project area.
21        (9) Excessive land coverage and overcrowding of
22    structures and community facilities. The over-intensive
23    use of property and the crowding of buildings and accessory
24    facilities onto a site. Examples of problem conditions
25    warranting the designation of an area as one exhibiting
26    excessive land coverage are: the presence of buildings

 

 

10000SB0001sam003- 43 -LRB100 06371 NHT 24718 a

1    either improperly situated on parcels or located on parcels
2    of inadequate size and shape in relation to present-day
3    standards of development for health and safety and the
4    presence of multiple buildings on a single parcel. For
5    there to be a finding of excessive land coverage, these
6    parcels must exhibit one or more of the following
7    conditions: insufficient provision for light and air
8    within or around buildings, increased threat of spread of
9    fire due to the close proximity of buildings, lack of
10    adequate or proper access to a public right-of-way, lack of
11    reasonably required off-street parking, or inadequate
12    provision for loading and service.
13        (10) Deleterious land use or layout. The existence of
14    incompatible land-use relationships, buildings occupied by
15    inappropriate mixed-uses, or uses considered to be
16    noxious, offensive, or unsuitable for the surrounding
17    area.
18        (11) Lack of community planning. The proposed
19    redevelopment project area was developed prior to or
20    without the benefit or guidance of a community plan. This
21    means that the development occurred prior to the adoption
22    by the municipality of a comprehensive or other community
23    plan or that the plan was not followed at the time of the
24    area's development. This factor must be documented by
25    evidence of adverse or incompatible land-use
26    relationships, inadequate street layout, improper

 

 

10000SB0001sam003- 44 -LRB100 06371 NHT 24718 a

1    subdivision, parcels of inadequate shape and size to meet
2    contemporary development standards, or other evidence
3    demonstrating an absence of effective community planning.
4        (12) The area has incurred Illinois Environmental
5    Protection Agency or United States Environmental
6    Protection Agency remediation costs for, or a study
7    conducted by an independent consultant recognized as
8    having expertise in environmental remediation has
9    determined a need for, the clean-up of hazardous waste,
10    hazardous substances, or underground storage tanks
11    required by State or federal law, provided that the
12    remediation costs constitute a material impediment to the
13    development or redevelopment of the redevelopment project
14    area.
15        (13) The total equalized assessed value of the proposed
16    redevelopment project area has declined for 3 of the last 5
17    calendar years for which information is available or is
18    increasing at an annual rate that is less than the balance
19    of the municipality for 3 of the last 5 calendar years for
20    which information is available or is increasing at an
21    annual rate that is less than the Consumer Price Index for
22    All Urban Consumers published by the United States
23    Department of Labor or successor agency for 3 of the last 5
24    calendar years for which information is available.
25    (c) "Industrial park" means an area in a blighted or
26conservation area suitable for use by any manufacturing,

 

 

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1industrial, research or transportation enterprise, of
2facilities to include but not be limited to factories, mills,
3processing plants, assembly plants, packing plants,
4fabricating plants, industrial distribution centers,
5warehouses, repair overhaul or service facilities, freight
6terminals, research facilities, test facilities or railroad
7facilities.
8    (d) "Industrial park conservation area" means an area
9within the boundaries of a redevelopment project area located
10within the territorial limits of a municipality that is a labor
11surplus municipality or within 1 1/2 miles of the territorial
12limits of a municipality that is a labor surplus municipality
13if the area is annexed to the municipality; which area is zoned
14as industrial no later than at the time the municipality by
15ordinance designates the redevelopment project area, and which
16area includes both vacant land suitable for use as an
17industrial park and a blighted area or conservation area
18contiguous to such vacant land.
19    (e) "Labor surplus municipality" means a municipality in
20which, at any time during the 6 months before the municipality
21by ordinance designates an industrial park conservation area,
22the unemployment rate was over 6% and was also 100% or more of
23the national average unemployment rate for that same time as
24published in the United States Department of Labor Bureau of
25Labor Statistics publication entitled "The Employment
26Situation" or its successor publication. For the purpose of

 

 

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1this subsection, if unemployment rate statistics for the
2municipality are not available, the unemployment rate in the
3municipality shall be deemed to be the same as the unemployment
4rate in the principal county in which the municipality is
5located.
6    (f) "Municipality" shall mean a city, village,
7incorporated town, or a township that is located in the
8unincorporated portion of a county with 3 million or more
9inhabitants, if the county adopted an ordinance that approved
10the township's redevelopment plan.
11    (g) "Initial Sales Tax Amounts" means the amount of taxes
12paid under the Retailers' Occupation Tax Act, Use Tax Act,
13Service Use Tax Act, the Service Occupation Tax Act, the
14Municipal Retailers' Occupation Tax Act, and the Municipal
15Service Occupation Tax Act by retailers and servicemen on
16transactions at places located in a State Sales Tax Boundary
17during the calendar year 1985.
18    (g-1) "Revised Initial Sales Tax Amounts" means the amount
19of taxes paid under the Retailers' Occupation Tax Act, Use Tax
20Act, Service Use Tax Act, the Service Occupation Tax Act, the
21Municipal Retailers' Occupation Tax Act, and the Municipal
22Service Occupation Tax Act by retailers and servicemen on
23transactions at places located within the State Sales Tax
24Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
25    (h) "Municipal Sales Tax Increment" means an amount equal
26to the increase in the aggregate amount of taxes paid to a

 

 

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1municipality from the Local Government Tax Fund arising from
2sales by retailers and servicemen within the redevelopment
3project area or State Sales Tax Boundary, as the case may be,
4for as long as the redevelopment project area or State Sales
5Tax Boundary, as the case may be, exist over and above the
6aggregate amount of taxes as certified by the Illinois
7Department of Revenue and paid under the Municipal Retailers'
8Occupation Tax Act and the Municipal Service Occupation Tax Act
9by retailers and servicemen, on transactions at places of
10business located in the redevelopment project area or State
11Sales Tax Boundary, as the case may be, during the base year
12which shall be the calendar year immediately prior to the year
13in which the municipality adopted tax increment allocation
14financing. For purposes of computing the aggregate amount of
15such taxes for base years occurring prior to 1985, the
16Department of Revenue shall determine the Initial Sales Tax
17Amounts for such taxes and deduct therefrom an amount equal to
184% of the aggregate amount of taxes per year for each year the
19base year is prior to 1985, but not to exceed a total deduction
20of 12%. The amount so determined shall be known as the
21"Adjusted Initial Sales Tax Amounts". For purposes of
22determining the Municipal Sales Tax Increment, the Department
23of Revenue shall for each period subtract from the amount paid
24to the municipality from the Local Government Tax Fund arising
25from sales by retailers and servicemen on transactions located
26in the redevelopment project area or the State Sales Tax

 

 

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1Boundary, as the case may be, the certified Initial Sales Tax
2Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
3Initial Sales Tax Amounts for the Municipal Retailers'
4Occupation Tax Act and the Municipal Service Occupation Tax
5Act. For the State Fiscal Year 1989, this calculation shall be
6made by utilizing the calendar year 1987 to determine the tax
7amounts received. For the State Fiscal Year 1990, this
8calculation shall be made by utilizing the period from January
91, 1988, until September 30, 1988, to determine the tax amounts
10received from retailers and servicemen pursuant to the
11Municipal Retailers' Occupation Tax and the Municipal Service
12Occupation Tax Act, which shall have deducted therefrom
13nine-twelfths of the certified Initial Sales Tax Amounts, the
14Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
15Tax Amounts as appropriate. For the State Fiscal Year 1991,
16this calculation shall be made by utilizing the period from
17October 1, 1988, to June 30, 1989, to determine the tax amounts
18received from retailers and servicemen pursuant to the
19Municipal Retailers' Occupation Tax and the Municipal Service
20Occupation Tax Act which shall have deducted therefrom
21nine-twelfths of the certified Initial Sales Tax Amounts,
22Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
23Tax Amounts as appropriate. For every State Fiscal Year
24thereafter, the applicable period shall be the 12 months
25beginning July 1 and ending June 30 to determine the tax
26amounts received which shall have deducted therefrom the

 

 

10000SB0001sam003- 49 -LRB100 06371 NHT 24718 a

1certified Initial Sales Tax Amounts, the Adjusted Initial Sales
2Tax Amounts or the Revised Initial Sales Tax Amounts, as the
3case may be.
4    (i) "Net State Sales Tax Increment" means the sum of the
5following: (a) 80% of the first $100,000 of State Sales Tax
6Increment annually generated within a State Sales Tax Boundary;
7(b) 60% of the amount in excess of $100,000 but not exceeding
8$500,000 of State Sales Tax Increment annually generated within
9a State Sales Tax Boundary; and (c) 40% of all amounts in
10excess of $500,000 of State Sales Tax Increment annually
11generated within a State Sales Tax Boundary. If, however, a
12municipality established a tax increment financing district in
13a county with a population in excess of 3,000,000 before
14January 1, 1986, and the municipality entered into a contract
15or issued bonds after January 1, 1986, but before December 31,
161986, to finance redevelopment project costs within a State
17Sales Tax Boundary, then the Net State Sales Tax Increment
18means, for the fiscal years beginning July 1, 1990, and July 1,
191991, 100% of the State Sales Tax Increment annually generated
20within a State Sales Tax Boundary; and notwithstanding any
21other provision of this Act, for those fiscal years the
22Department of Revenue shall distribute to those municipalities
23100% of their Net State Sales Tax Increment before any
24distribution to any other municipality and regardless of
25whether or not those other municipalities will receive 100% of
26their Net State Sales Tax Increment. For Fiscal Year 1999, and

 

 

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1every year thereafter until the year 2007, for any municipality
2that has not entered into a contract or has not issued bonds
3prior to June 1, 1988 to finance redevelopment project costs
4within a State Sales Tax Boundary, the Net State Sales Tax
5Increment shall be calculated as follows: By multiplying the
6Net State Sales Tax Increment by 90% in the State Fiscal Year
71999; 80% in the State Fiscal Year 2000; 70% in the State
8Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
9State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
10in the State Fiscal Year 2005; 20% in the State Fiscal Year
112006; and 10% in the State Fiscal Year 2007. No payment shall
12be made for State Fiscal Year 2008 and thereafter.
13    Municipalities that issued bonds in connection with a
14redevelopment project in a redevelopment project area within
15the State Sales Tax Boundary prior to July 29, 1991, or that
16entered into contracts in connection with a redevelopment
17project in a redevelopment project area before June 1, 1988,
18shall continue to receive their proportional share of the
19Illinois Tax Increment Fund distribution until the date on
20which the redevelopment project is completed or terminated. If,
21however, a municipality that issued bonds in connection with a
22redevelopment project in a redevelopment project area within
23the State Sales Tax Boundary prior to July 29, 1991 retires the
24bonds prior to June 30, 2007 or a municipality that entered
25into contracts in connection with a redevelopment project in a
26redevelopment project area before June 1, 1988 completes the

 

 

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1contracts prior to June 30, 2007, then so long as the
2redevelopment project is not completed or is not terminated,
3the Net State Sales Tax Increment shall be calculated,
4beginning on the date on which the bonds are retired or the
5contracts are completed, as follows: By multiplying the Net
6State Sales Tax Increment by 60% in the State Fiscal Year 2002;
750% in the State Fiscal Year 2003; 40% in the State Fiscal Year
82004; 30% in the State Fiscal Year 2005; 20% in the State
9Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
10payment shall be made for State Fiscal Year 2008 and
11thereafter. Refunding of any bonds issued prior to July 29,
121991, shall not alter the Net State Sales Tax Increment.
13    (j) "State Utility Tax Increment Amount" means an amount
14equal to the aggregate increase in State electric and gas tax
15charges imposed on owners and tenants, other than residential
16customers, of properties located within the redevelopment
17project area under Section 9-222 of the Public Utilities Act,
18over and above the aggregate of such charges as certified by
19the Department of Revenue and paid by owners and tenants, other
20than residential customers, of properties within the
21redevelopment project area during the base year, which shall be
22the calendar year immediately prior to the year of the adoption
23of the ordinance authorizing tax increment allocation
24financing.
25    (k) "Net State Utility Tax Increment" means the sum of the
26following: (a) 80% of the first $100,000 of State Utility Tax

 

 

10000SB0001sam003- 52 -LRB100 06371 NHT 24718 a

1Increment annually generated by a redevelopment project area;
2(b) 60% of the amount in excess of $100,000 but not exceeding
3$500,000 of the State Utility Tax Increment annually generated
4by a redevelopment project area; and (c) 40% of all amounts in
5excess of $500,000 of State Utility Tax Increment annually
6generated by a redevelopment project area. For the State Fiscal
7Year 1999, and every year thereafter until the year 2007, for
8any municipality that has not entered into a contract or has
9not issued bonds prior to June 1, 1988 to finance redevelopment
10project costs within a redevelopment project area, the Net
11State Utility Tax Increment shall be calculated as follows: By
12multiplying the Net State Utility Tax Increment by 90% in the
13State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
14in the State Fiscal Year 2001; 60% in the State Fiscal Year
152002; 50% in the State Fiscal Year 2003; 40% in the State
16Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
17State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
18No payment shall be made for the State Fiscal Year 2008 and
19thereafter.
20    Municipalities that issue bonds in connection with the
21redevelopment project during the period from June 1, 1988 until
223 years after the effective date of this Amendatory Act of 1988
23shall receive the Net State Utility Tax Increment, subject to
24appropriation, for 15 State Fiscal Years after the issuance of
25such bonds. For the 16th through the 20th State Fiscal Years
26after issuance of the bonds, the Net State Utility Tax

 

 

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1Increment shall be calculated as follows: By multiplying the
2Net State Utility Tax Increment by 90% in year 16; 80% in year
317; 70% in year 18; 60% in year 19; and 50% in year 20.
4Refunding of any bonds issued prior to June 1, 1988, shall not
5alter the revised Net State Utility Tax Increment payments set
6forth above.
7    (l) "Obligations" mean bonds, loans, debentures, notes,
8special certificates or other evidence of indebtedness issued
9by the municipality to carry out a redevelopment project or to
10refund outstanding obligations.
11    (m) "Payment in lieu of taxes" means those estimated tax
12revenues from real property in a redevelopment project area
13derived from real property that has been acquired by a
14municipality which according to the redevelopment project or
15plan is to be used for a private use which taxing districts
16would have received had a municipality not acquired the real
17property and adopted tax increment allocation financing and
18which would result from levies made after the time of the
19adoption of tax increment allocation financing to the time the
20current equalized value of real property in the redevelopment
21project area exceeds the total initial equalized value of real
22property in said area.
23    (n) "Redevelopment plan" means the comprehensive program
24of the municipality for development or redevelopment intended
25by the payment of redevelopment project costs to reduce or
26eliminate those conditions the existence of which qualified the

 

 

10000SB0001sam003- 54 -LRB100 06371 NHT 24718 a

1redevelopment project area as a "blighted area" or
2"conservation area" or combination thereof or "industrial park
3conservation area," and thereby to enhance the tax bases of the
4taxing districts which extend into the redevelopment project
5area, provided that, with respect to redevelopment project
6areas described in subsections (p-1) and (p-2), "redevelopment
7plan" means the comprehensive program of the affected
8municipality for the development of qualifying transit
9facilities. On and after November 1, 1999 (the effective date
10of Public Act 91-478), no redevelopment plan may be approved or
11amended that includes the development of vacant land (i) with a
12golf course and related clubhouse and other facilities or (ii)
13designated by federal, State, county, or municipal government
14as public land for outdoor recreational activities or for
15nature preserves and used for that purpose within 5 years prior
16to the adoption of the redevelopment plan. For the purpose of
17this subsection, "recreational activities" is limited to mean
18camping and hunting. Each redevelopment plan shall set forth in
19writing the program to be undertaken to accomplish the
20objectives and shall include but not be limited to:
21        (A) an itemized list of estimated redevelopment
22    project costs;
23        (B) evidence indicating that the redevelopment project
24    area on the whole has not been subject to growth and
25    development through investment by private enterprise,
26    provided that such evidence shall not be required for any

 

 

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1    redevelopment project area located within a transit
2    facility improvement area established pursuant to Section
3    11-74.4-3.3;
4        (C) an assessment of any financial impact of the
5    redevelopment project area on or any increased demand for
6    services from any taxing district affected by the plan and
7    any program to address such financial impact or increased
8    demand;
9        (D) the sources of funds to pay costs;
10        (E) the nature and term of the obligations to be
11    issued;
12        (F) the most recent equalized assessed valuation of the
13    redevelopment project area;
14        (G) an estimate as to the equalized assessed valuation
15    after redevelopment and the general land uses to apply in
16    the redevelopment project area;
17        (H) a commitment to fair employment practices and an
18    affirmative action plan;
19        (I) if it concerns an industrial park conservation
20    area, the plan shall also include a general description of
21    any proposed developer, user and tenant of any property, a
22    description of the type, structure and general character of
23    the facilities to be developed, a description of the type,
24    class and number of new employees to be employed in the
25    operation of the facilities to be developed; and
26        (J) if property is to be annexed to the municipality,

 

 

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1    the plan shall include the terms of the annexation
2    agreement.
3    The provisions of items (B) and (C) of this subsection (n)
4shall not apply to a municipality that before March 14, 1994
5(the effective date of Public Act 88-537) had fixed, either by
6its corporate authorities or by a commission designated under
7subsection (k) of Section 11-74.4-4, a time and place for a
8public hearing as required by subsection (a) of Section
911-74.4-5. No redevelopment plan shall be adopted unless a
10municipality complies with all of the following requirements:
11        (1) The municipality finds that the redevelopment
12    project area on the whole has not been subject to growth
13    and development through investment by private enterprise
14    and would not reasonably be anticipated to be developed
15    without the adoption of the redevelopment plan, provided,
16    however, that such a finding shall not be required with
17    respect to any redevelopment project area located within a
18    transit facility improvement area established pursuant to
19    Section 11-74.4-3.3.
20        (2) The municipality finds that the redevelopment plan
21    and project conform to the comprehensive plan for the
22    development of the municipality as a whole, or, for
23    municipalities with a population of 100,000 or more,
24    regardless of when the redevelopment plan and project was
25    adopted, the redevelopment plan and project either: (i)
26    conforms to the strategic economic development or

 

 

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1    redevelopment plan issued by the designated planning
2    authority of the municipality, or (ii) includes land uses
3    that have been approved by the planning commission of the
4    municipality.
5        (3) The redevelopment plan establishes the estimated
6    dates of completion of the redevelopment project and
7    retirement of obligations issued to finance redevelopment
8    project costs. Those dates may not be later than the dates
9    set forth under Section 11-74.4-3.5.
10        A municipality may by municipal ordinance amend an
11    existing redevelopment plan to conform to this paragraph
12    (3) as amended by Public Act 91-478, which municipal
13    ordinance may be adopted without further hearing or notice
14    and without complying with the procedures provided in this
15    Act pertaining to an amendment to or the initial approval
16    of a redevelopment plan and project and designation of a
17    redevelopment project area.
18        (3.5) The municipality finds, in the case of an
19    industrial park conservation area, also that the
20    municipality is a labor surplus municipality and that the
21    implementation of the redevelopment plan will reduce
22    unemployment, create new jobs and by the provision of new
23    facilities enhance the tax base of the taxing districts
24    that extend into the redevelopment project area.
25        (4) If any incremental revenues are being utilized
26    under Section 8(a)(1) or 8(a)(2) of this Act in

 

 

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1    redevelopment project areas approved by ordinance after
2    January 1, 1986, the municipality finds: (a) that the
3    redevelopment project area would not reasonably be
4    developed without the use of such incremental revenues, and
5    (b) that such incremental revenues will be exclusively
6    utilized for the development of the redevelopment project
7    area.
8        (5) If: (a) the redevelopment plan will not result in
9    displacement of residents from 10 or more inhabited
10    residential units, and the municipality certifies in the
11    plan that such displacement will not result from the plan;
12    or (b) the redevelopment plan is for a redevelopment
13    project area located within a transit facility improvement
14    area established pursuant to Section 11-74.4-3.3, and the
15    applicable project is subject to the process for evaluation
16    of environmental effects under the National Environmental
17    Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a
18    housing impact study need not be performed. If, however,
19    the redevelopment plan would result in the displacement of
20    residents from 10 or more inhabited residential units, or
21    if the redevelopment project area contains 75 or more
22    inhabited residential units and no certification is made,
23    then the municipality shall prepare, as part of the
24    separate feasibility report required by subsection (a) of
25    Section 11-74.4-5, a housing impact study.
26        Part I of the housing impact study shall include (i)

 

 

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1    data as to whether the residential units are single family
2    or multi-family units, (ii) the number and type of rooms
3    within the units, if that information is available, (iii)
4    whether the units are inhabited or uninhabited, as
5    determined not less than 45 days before the date that the
6    ordinance or resolution required by subsection (a) of
7    Section 11-74.4-5 is passed, and (iv) data as to the racial
8    and ethnic composition of the residents in the inhabited
9    residential units. The data requirement as to the racial
10    and ethnic composition of the residents in the inhabited
11    residential units shall be deemed to be fully satisfied by
12    data from the most recent federal census.
13        Part II of the housing impact study shall identify the
14    inhabited residential units in the proposed redevelopment
15    project area that are to be or may be removed. If inhabited
16    residential units are to be removed, then the housing
17    impact study shall identify (i) the number and location of
18    those units that will or may be removed, (ii) the
19    municipality's plans for relocation assistance for those
20    residents in the proposed redevelopment project area whose
21    residences are to be removed, (iii) the availability of
22    replacement housing for those residents whose residences
23    are to be removed, and shall identify the type, location,
24    and cost of the housing, and (iv) the type and extent of
25    relocation assistance to be provided.
26        (6) On and after November 1, 1999, the housing impact

 

 

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1    study required by paragraph (5) shall be incorporated in
2    the redevelopment plan for the redevelopment project area.
3        (7) On and after November 1, 1999, no redevelopment
4    plan shall be adopted, nor an existing plan amended, nor
5    shall residential housing that is occupied by households of
6    low-income and very low-income persons in currently
7    existing redevelopment project areas be removed after
8    November 1, 1999 unless the redevelopment plan provides,
9    with respect to inhabited housing units that are to be
10    removed for households of low-income and very low-income
11    persons, affordable housing and relocation assistance not
12    less than that which would be provided under the federal
13    Uniform Relocation Assistance and Real Property
14    Acquisition Policies Act of 1970 and the regulations under
15    that Act, including the eligibility criteria. Affordable
16    housing may be either existing or newly constructed
17    housing. For purposes of this paragraph (7), "low-income
18    households", "very low-income households", and "affordable
19    housing" have the meanings set forth in the Illinois
20    Affordable Housing Act. The municipality shall make a good
21    faith effort to ensure that this affordable housing is
22    located in or near the redevelopment project area within
23    the municipality.
24        (8) On and after November 1, 1999, if, after the
25    adoption of the redevelopment plan for the redevelopment
26    project area, any municipality desires to amend its

 

 

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1    redevelopment plan to remove more inhabited residential
2    units than specified in its original redevelopment plan,
3    that change shall be made in accordance with the procedures
4    in subsection (c) of Section 11-74.4-5.
5        (9) For redevelopment project areas designated prior
6    to November 1, 1999, the redevelopment plan may be amended
7    without further joint review board meeting or hearing,
8    provided that the municipality shall give notice of any
9    such changes by mail to each affected taxing district and
10    registrant on the interested party registry, to authorize
11    the municipality to expend tax increment revenues for
12    redevelopment project costs defined by paragraphs (5) and
13    (7.5), subparagraphs (E) and (F) of paragraph (11), and
14    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
15    long as the changes do not increase the total estimated
16    redevelopment project costs set out in the redevelopment
17    plan by more than 5% after adjustment for inflation from
18    the date the plan was adopted.
19    (o) "Redevelopment project" means any public and private
20development project in furtherance of the objectives of a
21redevelopment plan. On and after November 1, 1999 (the
22effective date of Public Act 91-478), no redevelopment plan may
23be approved or amended that includes the development of vacant
24land (i) with a golf course and related clubhouse and other
25facilities or (ii) designated by federal, State, county, or
26municipal government as public land for outdoor recreational

 

 

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1activities or for nature preserves and used for that purpose
2within 5 years prior to the adoption of the redevelopment plan.
3For the purpose of this subsection, "recreational activities"
4is limited to mean camping and hunting.
5    (p) "Redevelopment project area" means an area designated
6by the municipality, which is not less in the aggregate than 1
71/2 acres and in respect to which the municipality has made a
8finding that there exist conditions which cause the area to be
9classified as an industrial park conservation area or a
10blighted area or a conservation area, or a combination of both
11blighted areas and conservation areas.
12    (p-1) Notwithstanding any provision of this Act to the
13contrary, on and after August 25, 2009 (the effective date of
14Public Act 96-680), a redevelopment project area may include
15areas within a one-half mile radius of an existing or proposed
16Regional Transportation Authority Suburban Transit Access
17Route (STAR Line) station without a finding that the area is
18classified as an industrial park conservation area, a blighted
19area, a conservation area, or a combination thereof, but only
20if the municipality receives unanimous consent from the joint
21review board created to review the proposed redevelopment
22project area.
23    (p-2) Notwithstanding any provision of this Act to the
24contrary, on and after the effective date of this amendatory
25Act of the 99th General Assembly, a redevelopment project area
26may include areas within a transit facility improvement area

 

 

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1that has been established pursuant to Section 11-74.4-3.3
2without a finding that the area is classified as an industrial
3park conservation area, a blighted area, a conservation area,
4or any combination thereof.
5    (q) "Redevelopment project costs", except for
6redevelopment project areas created pursuant to subsection
7subsections (p-1) or (p-2), means and includes the sum total of
8all reasonable or necessary costs incurred or estimated to be
9incurred, and any such costs incidental to a redevelopment plan
10and a redevelopment project. Such costs include, without
11limitation, the following:
12        (1) Costs of studies, surveys, development of plans,
13    and specifications, implementation and administration of
14    the redevelopment plan including but not limited to staff
15    and professional service costs for architectural,
16    engineering, legal, financial, planning or other services,
17    provided however that no charges for professional services
18    may be based on a percentage of the tax increment
19    collected; except that on and after November 1, 1999 (the
20    effective date of Public Act 91-478), no contracts for
21    professional services, excluding architectural and
22    engineering services, may be entered into if the terms of
23    the contract extend beyond a period of 3 years. In
24    addition, "redevelopment project costs" shall not include
25    lobbying expenses. After consultation with the
26    municipality, each tax increment consultant or advisor to a

 

 

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1    municipality that plans to designate or has designated a
2    redevelopment project area shall inform the municipality
3    in writing of any contracts that the consultant or advisor
4    has entered into with entities or individuals that have
5    received, or are receiving, payments financed by tax
6    increment revenues produced by the redevelopment project
7    area with respect to which the consultant or advisor has
8    performed, or will be performing, service for the
9    municipality. This requirement shall be satisfied by the
10    consultant or advisor before the commencement of services
11    for the municipality and thereafter whenever any other
12    contracts with those individuals or entities are executed
13    by the consultant or advisor;
14        (1.5) After July 1, 1999, annual administrative costs
15    shall not include general overhead or administrative costs
16    of the municipality that would still have been incurred by
17    the municipality if the municipality had not designated a
18    redevelopment project area or approved a redevelopment
19    plan;
20        (1.6) The cost of marketing sites within the
21    redevelopment project area to prospective businesses,
22    developers, and investors;
23        (2) Property assembly costs, including but not limited
24    to acquisition of land and other property, real or
25    personal, or rights or interests therein, demolition of
26    buildings, site preparation, site improvements that serve

 

 

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1    as an engineered barrier addressing ground level or below
2    ground environmental contamination, including, but not
3    limited to parking lots and other concrete or asphalt
4    barriers, and the clearing and grading of land;
5        (3) Costs of rehabilitation, reconstruction or repair
6    or remodeling of existing public or private buildings,
7    fixtures, and leasehold improvements; and the cost of
8    replacing an existing public building if pursuant to the
9    implementation of a redevelopment project the existing
10    public building is to be demolished to use the site for
11    private investment or devoted to a different use requiring
12    private investment; including any direct or indirect costs
13    relating to Green Globes or LEED certified construction
14    elements or construction elements with an equivalent
15    certification;
16        (4) Costs of the construction of public works or
17    improvements, including any direct or indirect costs
18    relating to Green Globes or LEED certified construction
19    elements or construction elements with an equivalent
20    certification, except that on and after November 1, 1999,
21    redevelopment project costs shall not include the cost of
22    constructing a new municipal public building principally
23    used to provide offices, storage space, or conference
24    facilities or vehicle storage, maintenance, or repair for
25    administrative, public safety, or public works personnel
26    and that is not intended to replace an existing public

 

 

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1    building as provided under paragraph (3) of subsection (q)
2    of Section 11-74.4-3 unless either (i) the construction of
3    the new municipal building implements a redevelopment
4    project that was included in a redevelopment plan that was
5    adopted by the municipality prior to November 1, 1999, (ii)
6    the municipality makes a reasonable determination in the
7    redevelopment plan, supported by information that provides
8    the basis for that determination, that the new municipal
9    building is required to meet an increase in the need for
10    public safety purposes anticipated to result from the
11    implementation of the redevelopment plan, or (iii) the new
12    municipal public building is for the storage, maintenance,
13    or repair of transit vehicles and is located in a transit
14    facility improvement area that has been established
15    pursuant to Section 11-74.4-3.3;
16        (5) Costs of job training and retraining projects,
17    including the cost of "welfare to work" programs
18    implemented by businesses located within the redevelopment
19    project area;
20        (6) Financing costs, including but not limited to all
21    necessary and incidental expenses related to the issuance
22    of obligations and which may include payment of interest on
23    any obligations issued hereunder including interest
24    accruing during the estimated period of construction of any
25    redevelopment project for which such obligations are
26    issued and for not exceeding 36 months thereafter and

 

 

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1    including reasonable reserves related thereto;
2        (7) To the extent the municipality by written agreement
3    accepts and approves the same, all or a portion of a taxing
4    district's capital costs resulting from the redevelopment
5    project necessarily incurred or to be incurred within a
6    taxing district in furtherance of the objectives of the
7    redevelopment plan and project; .
8        (7.5) For redevelopment project areas designated (or
9    redevelopment project areas amended to add or increase the
10    number of tax-increment-financing assisted housing units)
11    on or after November 1, 1999, an elementary, secondary, or
12    unit school district's increased costs attributable to
13    assisted housing units located within the redevelopment
14    project area for which the developer or redeveloper
15    receives financial assistance through an agreement with
16    the municipality or because the municipality incurs the
17    cost of necessary infrastructure improvements within the
18    boundaries of the assisted housing sites necessary for the
19    completion of that housing as authorized by this Act, and
20    which costs shall be paid by the municipality from the
21    Special Tax Allocation Fund when the tax increment revenue
22    is received as a result of the assisted housing units and
23    shall be calculated annually as follows:
24            (A) for foundation districts, excluding any school
25        district in a municipality with a population in excess
26        of 1,000,000, by multiplying the district's increase

 

 

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1        in attendance resulting from the net increase in new
2        students enrolled in that school district who reside in
3        housing units within the redevelopment project area
4        that have received financial assistance through an
5        agreement with the municipality or because the
6        municipality incurs the cost of necessary
7        infrastructure improvements within the boundaries of
8        the housing sites necessary for the completion of that
9        housing as authorized by this Act since the designation
10        of the redevelopment project area by the most recently
11        available per capita tuition cost as defined in Section
12        10-20.12a of the School Code less any increase in
13        general State aid as defined in Section 18-8.05 of the
14        School Code or evidence-based funding as defined in
15        Section 18-8.15 of the School Code attributable to
16        these added new students subject to the following
17        annual limitations:
18                (i) for unit school districts with a district
19            average 1995-96 Per Capita Tuition Charge of less
20            than $5,900, no more than 25% of the total amount
21            of property tax increment revenue produced by
22            those housing units that have received tax
23            increment finance assistance under this Act;
24                (ii) for elementary school districts with a
25            district average 1995-96 Per Capita Tuition Charge
26            of less than $5,900, no more than 17% of the total

 

 

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1            amount of property tax increment revenue produced
2            by those housing units that have received tax
3            increment finance assistance under this Act; and
4                (iii) for secondary school districts with a
5            district average 1995-96 Per Capita Tuition Charge
6            of less than $5,900, no more than 8% of the total
7            amount of property tax increment revenue produced
8            by those housing units that have received tax
9            increment finance assistance under this Act.
10            (B) For alternate method districts, flat grant
11        districts, and foundation districts with a district
12        average 1995-96 Per Capita Tuition Charge equal to or
13        more than $5,900, excluding any school district with a
14        population in excess of 1,000,000, by multiplying the
15        district's increase in attendance resulting from the
16        net increase in new students enrolled in that school
17        district who reside in housing units within the
18        redevelopment project area that have received
19        financial assistance through an agreement with the
20        municipality or because the municipality incurs the
21        cost of necessary infrastructure improvements within
22        the boundaries of the housing sites necessary for the
23        completion of that housing as authorized by this Act
24        since the designation of the redevelopment project
25        area by the most recently available per capita tuition
26        cost as defined in Section 10-20.12a of the School Code

 

 

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1        less any increase in general state aid as defined in
2        Section 18-8.05 of the School Code or evidence-based
3        funding as defined in Section 18-8.15 of the School
4        Code attributable to these added new students subject
5        to the following annual limitations:
6                (i) for unit school districts, no more than 40%
7            of the total amount of property tax increment
8            revenue produced by those housing units that have
9            received tax increment finance assistance under
10            this Act;
11                (ii) for elementary school districts, no more
12            than 27% of the total amount of property tax
13            increment revenue produced by those housing units
14            that have received tax increment finance
15            assistance under this Act; and
16                (iii) for secondary school districts, no more
17            than 13% of the total amount of property tax
18            increment revenue produced by those housing units
19            that have received tax increment finance
20            assistance under this Act.
21            (C) For any school district in a municipality with
22        a population in excess of 1,000,000, the following
23        restrictions shall apply to the reimbursement of
24        increased costs under this paragraph (7.5):
25                (i) no increased costs shall be reimbursed
26            unless the school district certifies that each of

 

 

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1            the schools affected by the assisted housing
2            project is at or over its student capacity;
3                (ii) the amount reimbursable shall be reduced
4            by the value of any land donated to the school
5            district by the municipality or developer, and by
6            the value of any physical improvements made to the
7            schools by the municipality or developer; and
8                (iii) the amount reimbursed may not affect
9            amounts otherwise obligated by the terms of any
10            bonds, notes, or other funding instruments, or the
11            terms of any redevelopment agreement.
12        Any school district seeking payment under this
13        paragraph (7.5) shall, after July 1 and before
14        September 30 of each year, provide the municipality
15        with reasonable evidence to support its claim for
16        reimbursement before the municipality shall be
17        required to approve or make the payment to the school
18        district. If the school district fails to provide the
19        information during this period in any year, it shall
20        forfeit any claim to reimbursement for that year.
21        School districts may adopt a resolution waiving the
22        right to all or a portion of the reimbursement
23        otherwise required by this paragraph (7.5). By
24        acceptance of this reimbursement the school district
25        waives the right to directly or indirectly set aside,
26        modify, or contest in any manner the establishment of

 

 

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1        the redevelopment project area or projects;
2        (7.7) For redevelopment project areas designated (or
3    redevelopment project areas amended to add or increase the
4    number of tax-increment-financing assisted housing units)
5    on or after January 1, 2005 (the effective date of Public
6    Act 93-961), a public library district's increased costs
7    attributable to assisted housing units located within the
8    redevelopment project area for which the developer or
9    redeveloper receives financial assistance through an
10    agreement with the municipality or because the
11    municipality incurs the cost of necessary infrastructure
12    improvements within the boundaries of the assisted housing
13    sites necessary for the completion of that housing as
14    authorized by this Act shall be paid to the library
15    district by the municipality from the Special Tax
16    Allocation Fund when the tax increment revenue is received
17    as a result of the assisted housing units. This paragraph
18    (7.7) applies only if (i) the library district is located
19    in a county that is subject to the Property Tax Extension
20    Limitation Law or (ii) the library district is not located
21    in a county that is subject to the Property Tax Extension
22    Limitation Law but the district is prohibited by any other
23    law from increasing its tax levy rate without a prior voter
24    referendum.
25        The amount paid to a library district under this
26    paragraph (7.7) shall be calculated by multiplying (i) the

 

 

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1    net increase in the number of persons eligible to obtain a
2    library card in that district who reside in housing units
3    within the redevelopment project area that have received
4    financial assistance through an agreement with the
5    municipality or because the municipality incurs the cost of
6    necessary infrastructure improvements within the
7    boundaries of the housing sites necessary for the
8    completion of that housing as authorized by this Act since
9    the designation of the redevelopment project area by (ii)
10    the per-patron cost of providing library services so long
11    as it does not exceed $120. The per-patron cost shall be
12    the Total Operating Expenditures Per Capita for the library
13    in the previous fiscal year. The municipality may deduct
14    from the amount that it must pay to a library district
15    under this paragraph any amount that it has voluntarily
16    paid to the library district from the tax increment
17    revenue. The amount paid to a library district under this
18    paragraph (7.7) shall be no more than 2% of the amount
19    produced by the assisted housing units and deposited into
20    the Special Tax Allocation Fund.
21        A library district is not eligible for any payment
22    under this paragraph (7.7) unless the library district has
23    experienced an increase in the number of patrons from the
24    municipality that created the tax-increment-financing
25    district since the designation of the redevelopment
26    project area.

 

 

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1        Any library district seeking payment under this
2    paragraph (7.7) shall, after July 1 and before September 30
3    of each year, provide the municipality with convincing
4    evidence to support its claim for reimbursement before the
5    municipality shall be required to approve or make the
6    payment to the library district. If the library district
7    fails to provide the information during this period in any
8    year, it shall forfeit any claim to reimbursement for that
9    year. Library districts may adopt a resolution waiving the
10    right to all or a portion of the reimbursement otherwise
11    required by this paragraph (7.7). By acceptance of such
12    reimbursement, the library district shall forfeit any
13    right to directly or indirectly set aside, modify, or
14    contest in any manner whatsoever the establishment of the
15    redevelopment project area or projects;
16        (8) Relocation costs to the extent that a municipality
17    determines that relocation costs shall be paid or is
18    required to make payment of relocation costs by federal or
19    State law or in order to satisfy subparagraph (7) of
20    subsection (n);
21        (9) Payment in lieu of taxes;
22        (10) Costs of job training, retraining, advanced
23    vocational education or career education, including but
24    not limited to courses in occupational, semi-technical or
25    technical fields leading directly to employment, incurred
26    by one or more taxing districts, provided that such costs

 

 

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1    (i) are related to the establishment and maintenance of
2    additional job training, advanced vocational education or
3    career education programs for persons employed or to be
4    employed by employers located in a redevelopment project
5    area; and (ii) when incurred by a taxing district or taxing
6    districts other than the municipality, are set forth in a
7    written agreement by or among the municipality and the
8    taxing district or taxing districts, which agreement
9    describes the program to be undertaken, including but not
10    limited to the number of employees to be trained, a
11    description of the training and services to be provided,
12    the number and type of positions available or to be
13    available, itemized costs of the program and sources of
14    funds to pay for the same, and the term of the agreement.
15    Such costs include, specifically, the payment by community
16    college districts of costs pursuant to Sections 3-37, 3-38,
17    3-40 and 3-40.1 of the Public Community College Act and by
18    school districts of costs pursuant to Sections 10-22.20a
19    and 10-23.3a of the The School Code;
20        (11) Interest cost incurred by a redeveloper related to
21    the construction, renovation or rehabilitation of a
22    redevelopment project provided that:
23            (A) such costs are to be paid directly from the
24        special tax allocation fund established pursuant to
25        this Act;
26            (B) such payments in any one year may not exceed

 

 

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1        30% of the annual interest costs incurred by the
2        redeveloper with regard to the redevelopment project
3        during that year;
4            (C) if there are not sufficient funds available in
5        the special tax allocation fund to make the payment
6        pursuant to this paragraph (11) then the amounts so due
7        shall accrue and be payable when sufficient funds are
8        available in the special tax allocation fund;
9            (D) the total of such interest payments paid
10        pursuant to this Act may not exceed 30% of the total
11        (i) cost paid or incurred by the redeveloper for the
12        redevelopment project plus (ii) redevelopment project
13        costs excluding any property assembly costs and any
14        relocation costs incurred by a municipality pursuant
15        to this Act; and
16            (E) the cost limits set forth in subparagraphs (B)
17        and (D) of paragraph (11) shall be modified for the
18        financing of rehabilitated or new housing units for
19        low-income households and very low-income households,
20        as defined in Section 3 of the Illinois Affordable
21        Housing Act. The percentage of 75% shall be substituted
22        for 30% in subparagraphs (B) and (D) of paragraph (11);
23        and .
24            (F) instead Instead of the eligible costs provided
25        by subparagraphs (B) and (D) of paragraph (11), as
26        modified by this subparagraph, and notwithstanding any

 

 

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1        other provisions of this Act to the contrary, the
2        municipality may pay from tax increment revenues up to
3        50% of the cost of construction of new housing units to
4        be occupied by low-income households and very
5        low-income households as defined in Section 3 of the
6        Illinois Affordable Housing Act. The cost of
7        construction of those units may be derived from the
8        proceeds of bonds issued by the municipality under this
9        Act or other constitutional or statutory authority or
10        from other sources of municipal revenue that may be
11        reimbursed from tax increment revenues or the proceeds
12        of bonds issued to finance the construction of that
13        housing.
14            The eligible costs provided under this
15        subparagraph (F) of paragraph (11) shall be an eligible
16        cost for the construction, renovation, and
17        rehabilitation of all low and very low-income housing
18        units, as defined in Section 3 of the Illinois
19        Affordable Housing Act, within the redevelopment
20        project area. If the low and very low-income units are
21        part of a residential redevelopment project that
22        includes units not affordable to low and very
23        low-income households, only the low and very
24        low-income units shall be eligible for benefits under
25        this subparagraph (F) of paragraph (11). The standards
26        for maintaining the occupancy by low-income households

 

 

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1        and very low-income households, as defined in Section 3
2        of the Illinois Affordable Housing Act, of those units
3        constructed with eligible costs made available under
4        the provisions of this subparagraph (F) of paragraph
5        (11) shall be established by guidelines adopted by the
6        municipality. The responsibility for annually
7        documenting the initial occupancy of the units by
8        low-income households and very low-income households,
9        as defined in Section 3 of the Illinois Affordable
10        Housing Act, shall be that of the then current owner of
11        the property. For ownership units, the guidelines will
12        provide, at a minimum, for a reasonable recapture of
13        funds, or other appropriate methods designed to
14        preserve the original affordability of the ownership
15        units. For rental units, the guidelines will provide,
16        at a minimum, for the affordability of rent to low and
17        very low-income households. As units become available,
18        they shall be rented to income-eligible tenants. The
19        municipality may modify these guidelines from time to
20        time; the guidelines, however, shall be in effect for
21        as long as tax increment revenue is being used to pay
22        for costs associated with the units or for the
23        retirement of bonds issued to finance the units or for
24        the life of the redevelopment project area, whichever
25        is later; .
26        (11.5) If the redevelopment project area is located

 

 

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1    within a municipality with a population of more than
2    100,000, the cost of day care services for children of
3    employees from low-income families working for businesses
4    located within the redevelopment project area and all or a
5    portion of the cost of operation of day care centers
6    established by redevelopment project area businesses to
7    serve employees from low-income families working in
8    businesses located in the redevelopment project area. For
9    the purposes of this paragraph, "low-income families"
10    means families whose annual income does not exceed 80% of
11    the municipal, county, or regional median income, adjusted
12    for family size, as the annual income and municipal,
13    county, or regional median income are determined from time
14    to time by the United States Department of Housing and
15    Urban Development.
16    (12) Unless explicitly stated herein the cost of
17construction of new privately-owned buildings shall not be an
18eligible redevelopment project cost.
19    (13) After November 1, 1999 (the effective date of Public
20Act 91-478), none of the redevelopment project costs enumerated
21in this subsection shall be eligible redevelopment project
22costs if those costs would provide direct financial support to
23a retail entity initiating operations in the redevelopment
24project area while terminating operations at another Illinois
25location within 10 miles of the redevelopment project area but
26outside the boundaries of the redevelopment project area

 

 

10000SB0001sam003- 80 -LRB100 06371 NHT 24718 a

1municipality. For purposes of this paragraph, termination
2means a closing of a retail operation that is directly related
3to the opening of the same operation or like retail entity
4owned or operated by more than 50% of the original ownership in
5a redevelopment project area, but it does not mean closing an
6operation for reasons beyond the control of the retail entity,
7as documented by the retail entity, subject to a reasonable
8finding by the municipality that the current location contained
9inadequate space, had become economically obsolete, or was no
10longer a viable location for the retailer or serviceman.
11    (14) No cost shall be a redevelopment project cost in a
12redevelopment project area if used to demolish, remove, or
13substantially modify a historic resource, after August 26, 2008
14(the effective date of Public Act 95-934), unless no prudent
15and feasible alternative exists. "Historic resource" for the
16purpose of this paragraph item (14) means (i) a place or
17structure that is included or eligible for inclusion on the
18National Register of Historic Places or (ii) a contributing
19structure in a district on the National Register of Historic
20Places. This paragraph item (14) does not apply to a place or
21structure for which demolition, removal, or modification is
22subject to review by the preservation agency of a Certified
23Local Government designated as such by the National Park
24Service of the United States Department of the Interior.
25    If a special service area has been established pursuant to
26the Special Service Area Tax Act or Special Service Area Tax

 

 

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1Law, then any tax increment revenues derived from the tax
2imposed pursuant to the Special Service Area Tax Act or Special
3Service Area Tax Law may be used within the redevelopment
4project area for the purposes permitted by that Act or Law as
5well as the purposes permitted by this Act.
6    (q-1) For redevelopment project areas created pursuant to
7subsection (p-1), redevelopment project costs are limited to
8those costs in paragraph (q) that are related to the existing
9or proposed Regional Transportation Authority Suburban Transit
10Access Route (STAR Line) station.
11    (q-2) For a redevelopment project area located within a
12transit facility improvement area established pursuant to
13Section 11-74.4-3.3, redevelopment project costs means those
14costs described in subsection (q) that are related to the
15construction, reconstruction, rehabilitation, remodeling, or
16repair of any existing or proposed transit facility.
17    (r) "State Sales Tax Boundary" means the redevelopment
18project area or the amended redevelopment project area
19boundaries which are determined pursuant to subsection (9) of
20Section 11-74.4-8a of this Act. The Department of Revenue shall
21certify pursuant to subsection (9) of Section 11-74.4-8a the
22appropriate boundaries eligible for the determination of State
23Sales Tax Increment.
24    (s) "State Sales Tax Increment" means an amount equal to
25the increase in the aggregate amount of taxes paid by retailers
26and servicemen, other than retailers and servicemen subject to

 

 

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1the Public Utilities Act, on transactions at places of business
2located within a State Sales Tax Boundary pursuant to the
3Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
4Tax Act, and the Service Occupation Tax Act, except such
5portion of such increase that is paid into the State and Local
6Sales Tax Reform Fund, the Local Government Distributive Fund,
7the Local Government Tax Fund and the County and Mass Transit
8District Fund, for as long as State participation exists, over
9and above the Initial Sales Tax Amounts, Adjusted Initial Sales
10Tax Amounts or the Revised Initial Sales Tax Amounts for such
11taxes as certified by the Department of Revenue and paid under
12those Acts by retailers and servicemen on transactions at
13places of business located within the State Sales Tax Boundary
14during the base year which shall be the calendar year
15immediately prior to the year in which the municipality adopted
16tax increment allocation financing, less 3.0% of such amounts
17generated under the Retailers' Occupation Tax Act, Use Tax Act
18and Service Use Tax Act and the Service Occupation Tax Act,
19which sum shall be appropriated to the Department of Revenue to
20cover its costs of administering and enforcing this Section.
21For purposes of computing the aggregate amount of such taxes
22for base years occurring prior to 1985, the Department of
23Revenue shall compute the Initial Sales Tax Amount for such
24taxes and deduct therefrom an amount equal to 4% of the
25aggregate amount of taxes per year for each year the base year
26is prior to 1985, but not to exceed a total deduction of 12%.

 

 

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1The amount so determined shall be known as the "Adjusted
2Initial Sales Tax Amount". For purposes of determining the
3State Sales Tax Increment the Department of Revenue shall for
4each period subtract from the tax amounts received from
5retailers and servicemen on transactions located in the State
6Sales Tax Boundary, the certified Initial Sales Tax Amounts,
7Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
8Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
9the Service Use Tax Act and the Service Occupation Tax Act. For
10the State Fiscal Year 1989 this calculation shall be made by
11utilizing the calendar year 1987 to determine the tax amounts
12received. For the State Fiscal Year 1990, this calculation
13shall be made by utilizing the period from January 1, 1988,
14until September 30, 1988, to determine the tax amounts received
15from retailers and servicemen, which shall have deducted
16therefrom nine-twelfths of the certified Initial Sales Tax
17Amounts, Adjusted Initial Sales Tax Amounts or the Revised
18Initial Sales Tax Amounts as appropriate. For the State Fiscal
19Year 1991, this calculation shall be made by utilizing the
20period from October 1, 1988, until June 30, 1989, to determine
21the tax amounts received from retailers and servicemen, which
22shall have deducted therefrom nine-twelfths of the certified
23Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
24Amounts or the Revised Initial Sales Tax Amounts as
25appropriate. For every State Fiscal Year thereafter, the
26applicable period shall be the 12 months beginning July 1 and

 

 

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1ending on June 30, to determine the tax amounts received which
2shall have deducted therefrom the certified Initial Sales Tax
3Amounts, Adjusted Initial Sales Tax Amounts or the Revised
4Initial Sales Tax Amounts. Municipalities intending to receive
5a distribution of State Sales Tax Increment must report a list
6of retailers to the Department of Revenue by October 31, 1988
7and by July 31, of each year thereafter.
8    (t) "Taxing districts" means counties, townships, cities
9and incorporated towns and villages, school, road, park,
10sanitary, mosquito abatement, forest preserve, public health,
11fire protection, river conservancy, tuberculosis sanitarium
12and any other municipal corporations or districts with the
13power to levy taxes.
14    (u) "Taxing districts' capital costs" means those costs of
15taxing districts for capital improvements that are found by the
16municipal corporate authorities to be necessary and directly
17result from the redevelopment project.
18    (v) As used in subsection (a) of Section 11-74.4-3 of this
19Act, "vacant land" means any parcel or combination of parcels
20of real property without industrial, commercial, and
21residential buildings which has not been used for commercial
22agricultural purposes within 5 years prior to the designation
23of the redevelopment project area, unless the parcel is
24included in an industrial park conservation area or the parcel
25has been subdivided; provided that if the parcel was part of a
26larger tract that has been divided into 3 or more smaller

 

 

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1tracts that were accepted for recording during the period from
21950 to 1990, then the parcel shall be deemed to have been
3subdivided, and all proceedings and actions of the municipality
4taken in that connection with respect to any previously
5approved or designated redevelopment project area or amended
6redevelopment project area are hereby validated and hereby
7declared to be legally sufficient for all purposes of this Act.
8For purposes of this Section and only for land subject to the
9subdivision requirements of the Plat Act, land is subdivided
10when the original plat of the proposed Redevelopment Project
11Area or relevant portion thereof has been properly certified,
12acknowledged, approved, and recorded or filed in accordance
13with the Plat Act and a preliminary plat, if any, for any
14subsequent phases of the proposed Redevelopment Project Area or
15relevant portion thereof has been properly approved and filed
16in accordance with the applicable ordinance of the
17municipality.
18    (w) "Annual Total Increment" means the sum of each
19municipality's annual Net Sales Tax Increment and each
20municipality's annual Net Utility Tax Increment. The ratio of
21the Annual Total Increment of each municipality to the Annual
22Total Increment for all municipalities, as most recently
23calculated by the Department, shall determine the proportional
24shares of the Illinois Tax Increment Fund to be distributed to
25each municipality.
26    (x) "LEED certified" means any certification level of

 

 

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1construction elements by a qualified Leadership in Energy and
2Environmental Design Accredited Professional as determined by
3the U.S. Green Building Council.
4    (y) "Green Globes certified" means any certification level
5of construction elements by a qualified Green Globes
6Professional as determined by the Green Building Initiative.
7(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
 
8    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
9    Sec. 11-74.4-8. Tax increment allocation financing. A
10municipality may not adopt tax increment financing in a
11redevelopment project area after the effective date of this
12amendatory Act of 1997 that will encompass an area that is
13currently included in an enterprise zone created under the
14Illinois Enterprise Zone Act unless that municipality,
15pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
16amends the enterprise zone designating ordinance to limit the
17eligibility for tax abatements as provided in Section 5.4.1 of
18the Illinois Enterprise Zone Act. A municipality, at the time a
19redevelopment project area is designated, may adopt tax
20increment allocation financing by passing an ordinance
21providing that the ad valorem taxes, if any, arising from the
22levies upon taxable real property in such redevelopment project
23area by taxing districts and tax rates determined in the manner
24provided in paragraph (c) of Section 11-74.4-9 each year after
25the effective date of the ordinance until redevelopment project

 

 

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1costs and all municipal obligations financing redevelopment
2project costs incurred under this Division have been paid shall
3be divided as follows, provided, however, that with respect to
4any redevelopment project area located within a transit
5facility improvement area established pursuant to Section
611-74.4-3.3 in a municipality with a population of 1,000,000 or
7more, ad valorem taxes, if any, arising from the levies upon
8taxable real property in such redevelopment project area shall
9be allocated as specifically provided in this Section:
10        (a) That portion of taxes levied upon each taxable lot,
11    block, tract or parcel of real property which is
12    attributable to the lower of the current equalized assessed
13    value or the initial equalized assessed value of each such
14    taxable lot, block, tract or parcel of real property in the
15    redevelopment project area shall be allocated to and when
16    collected shall be paid by the county collector to the
17    respective affected taxing districts in the manner
18    required by law in the absence of the adoption of tax
19    increment allocation financing.
20        (b) Except from a tax levied by a township to retire
21    bonds issued to satisfy court-ordered damages, that
22    portion, if any, of such taxes which is attributable to the
23    increase in the current equalized assessed valuation of
24    each taxable lot, block, tract or parcel of real property
25    in the redevelopment project area over and above the
26    initial equalized assessed value of each property in the

 

 

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1    project area shall be allocated to and when collected shall
2    be paid to the municipal treasurer who shall deposit said
3    taxes into a special fund called the special tax allocation
4    fund of the municipality for the purpose of paying
5    redevelopment project costs and obligations incurred in
6    the payment thereof. In any county with a population of
7    3,000,000 or more that has adopted a procedure for
8    collecting taxes that provides for one or more of the
9    installments of the taxes to be billed and collected on an
10    estimated basis, the municipal treasurer shall be paid for
11    deposit in the special tax allocation fund of the
12    municipality, from the taxes collected from estimated
13    bills issued for property in the redevelopment project
14    area, the difference between the amount actually collected
15    from each taxable lot, block, tract, or parcel of real
16    property within the redevelopment project area and an
17    amount determined by multiplying the rate at which taxes
18    were last extended against the taxable lot, block, track,
19    or parcel of real property in the manner provided in
20    subsection (c) of Section 11-74.4-9 by the initial
21    equalized assessed value of the property divided by the
22    number of installments in which real estate taxes are
23    billed and collected within the county; provided that the
24    payments on or before December 31, 1999 to a municipal
25    treasurer shall be made only if each of the following
26    conditions are met:

 

 

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1        (1) The total equalized assessed value of the
2        redevelopment project area as last determined was not
3        less than 175% of the total initial equalized assessed
4        value.
5        (2) Not more than 50% of the total equalized assessed
6        value of the redevelopment project area as last
7        determined is attributable to a piece of property
8        assigned a single real estate index number.
9        (3) The municipal clerk has certified to the county
10        clerk that the municipality has issued its obligations
11        to which there has been pledged the incremental
12        property taxes of the redevelopment project area or
13        taxes levied and collected on any or all property in
14        the municipality or the full faith and credit of the
15        municipality to pay or secure payment for all or a
16        portion of the redevelopment project costs. The
17        certification shall be filed annually no later than
18        September 1 for the estimated taxes to be distributed
19        in the following year; however, for the year 1992 the
20        certification shall be made at any time on or before
21        March 31, 1992.
22        (4) The municipality has not requested that the total
23        initial equalized assessed value of real property be
24        adjusted as provided in subsection (b) of Section
25        11-74.4-9.
26        The conditions of paragraphs (1) through (4) do not

 

 

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1    apply after December 31, 1999 to payments to a municipal
2    treasurer made by a county with 3,000,000 or more
3    inhabitants that has adopted an estimated billing
4    procedure for collecting taxes. If a county that has
5    adopted the estimated billing procedure makes an erroneous
6    overpayment of tax revenue to the municipal treasurer, then
7    the county may seek a refund of that overpayment. The
8    county shall send the municipal treasurer a notice of
9    liability for the overpayment on or before the mailing date
10    of the next real estate tax bill within the county. The
11    refund shall be limited to the amount of the overpayment.
12        It is the intent of this Division that after the
13    effective date of this amendatory Act of 1988 a
14    municipality's own ad valorem tax arising from levies on
15    taxable real property be included in the determination of
16    incremental revenue in the manner provided in paragraph (c)
17    of Section 11-74.4-9. If the municipality does not extend
18    such a tax, it shall annually deposit in the municipality's
19    Special Tax Increment Fund an amount equal to 10% of the
20    total contributions to the fund from all other taxing
21    districts in that year. The annual 10% deposit required by
22    this paragraph shall be limited to the actual amount of
23    municipally produced incremental tax revenues available to
24    the municipality from taxpayers located in the
25    redevelopment project area in that year if: (a) the plan
26    for the area restricts the use of the property primarily to

 

 

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1    industrial purposes, (b) the municipality establishing the
2    redevelopment project area is a home-rule community with a
3    1990 population of between 25,000 and 50,000, (c) the
4    municipality is wholly located within a county with a 1990
5    population of over 750,000 and (d) the redevelopment
6    project area was established by the municipality prior to
7    June 1, 1990. This payment shall be in lieu of a
8    contribution of ad valorem taxes on real property. If no
9    such payment is made, any redevelopment project area of the
10    municipality shall be dissolved.
11        If a municipality has adopted tax increment allocation
12    financing by ordinance and the County Clerk thereafter
13    certifies the "total initial equalized assessed value as
14    adjusted" of the taxable real property within such
15    redevelopment project area in the manner provided in
16    paragraph (b) of Section 11-74.4-9, each year after the
17    date of the certification of the total initial equalized
18    assessed value as adjusted until redevelopment project
19    costs and all municipal obligations financing
20    redevelopment project costs have been paid the ad valorem
21    taxes, if any, arising from the levies upon the taxable
22    real property in such redevelopment project area by taxing
23    districts and tax rates determined in the manner provided
24    in paragraph (c) of Section 11-74.4-9 shall be divided as
25    follows, provided, however, that with respect to any
26    redevelopment project area located within a transit

 

 

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1    facility improvement area established pursuant to Section
2    11-74.4-3.3 in a municipality with a population of
3    1,000,000 or more, ad valorem taxes, if any, arising from
4    the levies upon the taxable real property in such
5    redevelopment project area shall be allocated as
6    specifically provided in this Section:
7        (1) That portion of the taxes levied upon each taxable
8        lot, block, tract or parcel of real property which is
9        attributable to the lower of the current equalized
10        assessed value or "current equalized assessed value as
11        adjusted" or the initial equalized assessed value of
12        each such taxable lot, block, tract, or parcel of real
13        property existing at the time tax increment financing
14        was adopted, minus the total current homestead
15        exemptions under Article 15 of the Property Tax Code in
16        the redevelopment project area shall be allocated to
17        and when collected shall be paid by the county
18        collector to the respective affected taxing districts
19        in the manner required by law in the absence of the
20        adoption of tax increment allocation financing.
21        (2) That portion, if any, of such taxes which is
22        attributable to the increase in the current equalized
23        assessed valuation of each taxable lot, block, tract,
24        or parcel of real property in the redevelopment project
25        area, over and above the initial equalized assessed
26        value of each property existing at the time tax

 

 

10000SB0001sam003- 93 -LRB100 06371 NHT 24718 a

1        increment financing was adopted, minus the total
2        current homestead exemptions pertaining to each piece
3        of property provided by Article 15 of the Property Tax
4        Code in the redevelopment project area, shall be
5        allocated to and when collected shall be paid to the
6        municipal Treasurer, who shall deposit said taxes into
7        a special fund called the special tax allocation fund
8        of the municipality for the purpose of paying
9        redevelopment project costs and obligations incurred
10        in the payment thereof.
11        The municipality may pledge in the ordinance the funds
12    in and to be deposited in the special tax allocation fund
13    for the payment of such costs and obligations. No part of
14    the current equalized assessed valuation of each property
15    in the redevelopment project area attributable to any
16    increase above the total initial equalized assessed value,
17    or the total initial equalized assessed value as adjusted,
18    of such properties shall be used in calculating the general
19    State school aid formula, provided for in Section 18-8 of
20    the School Code, or the evidence-based funding formula,
21    provided for in Section 18-8.15 of the School Code, until
22    such time as all redevelopment project costs have been paid
23    as provided for in this Section.
24        Whenever a municipality issues bonds for the purpose of
25    financing redevelopment project costs, such municipality
26    may provide by ordinance for the appointment of a trustee,

 

 

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1    which may be any trust company within the State, and for
2    the establishment of such funds or accounts to be
3    maintained by such trustee as the municipality shall deem
4    necessary to provide for the security and payment of the
5    bonds. If such municipality provides for the appointment of
6    a trustee, such trustee shall be considered the assignee of
7    any payments assigned by the municipality pursuant to such
8    ordinance and this Section. Any amounts paid to such
9    trustee as assignee shall be deposited in the funds or
10    accounts established pursuant to such trust agreement, and
11    shall be held by such trustee in trust for the benefit of
12    the holders of the bonds, and such holders shall have a
13    lien on and a security interest in such funds or accounts
14    so long as the bonds remain outstanding and unpaid. Upon
15    retirement of the bonds, the trustee shall pay over any
16    excess amounts held to the municipality for deposit in the
17    special tax allocation fund.
18        When such redevelopment projects costs, including
19    without limitation all municipal obligations financing
20    redevelopment project costs incurred under this Division,
21    have been paid, all surplus funds then remaining in the
22    special tax allocation fund shall be distributed by being
23    paid by the municipal treasurer to the Department of
24    Revenue, the municipality and the county collector; first
25    to the Department of Revenue and the municipality in direct
26    proportion to the tax incremental revenue received from the

 

 

10000SB0001sam003- 95 -LRB100 06371 NHT 24718 a

1    State and the municipality, but not to exceed the total
2    incremental revenue received from the State or the
3    municipality less any annual surplus distribution of
4    incremental revenue previously made; with any remaining
5    funds to be paid to the County Collector who shall
6    immediately thereafter pay said funds to the taxing
7    districts in the redevelopment project area in the same
8    manner and proportion as the most recent distribution by
9    the county collector to the affected districts of real
10    property taxes from real property in the redevelopment
11    project area.
12        Upon the payment of all redevelopment project costs,
13    the retirement of obligations, the distribution of any
14    excess monies pursuant to this Section, and final closing
15    of the books and records of the redevelopment project area,
16    the municipality shall adopt an ordinance dissolving the
17    special tax allocation fund for the redevelopment project
18    area and terminating the designation of the redevelopment
19    project area as a redevelopment project area. Title to real
20    or personal property and public improvements acquired by or
21    for the municipality as a result of the redevelopment
22    project and plan shall vest in the municipality when
23    acquired and shall continue to be held by the municipality
24    after the redevelopment project area has been terminated.
25    Municipalities shall notify affected taxing districts
26    prior to November 1 if the redevelopment project area is to

 

 

10000SB0001sam003- 96 -LRB100 06371 NHT 24718 a

1    be terminated by December 31 of that same year. If a
2    municipality extends estimated dates of completion of a
3    redevelopment project and retirement of obligations to
4    finance a redevelopment project, as allowed by this
5    amendatory Act of 1993, that extension shall not extend the
6    property tax increment allocation financing authorized by
7    this Section. Thereafter the rates of the taxing districts
8    shall be extended and taxes levied, collected and
9    distributed in the manner applicable in the absence of the
10    adoption of tax increment allocation financing.
11        If a municipality with a population of 1,000,000 or
12    more has adopted by ordinance tax increment allocation
13    financing for a redevelopment project area located in a
14    transit facility improvement area established pursuant to
15    Section 11-74.4-3.3, for each year after the effective date
16    of the ordinance until redevelopment project costs and all
17    municipal obligations financing redevelopment project
18    costs have been paid, the ad valorem taxes, if any, arising
19    from the levies upon the taxable real property in that
20    redevelopment project area by taxing districts and tax
21    rates determined in the manner provided in paragraph (c) of
22    Section 11-74.4-9 shall be divided as follows:
23            (1) That portion of the taxes levied upon each
24        taxable lot, block, tract or parcel of real property
25        which is attributable to the lower of (i) the current
26        equalized assessed value or "current equalized

 

 

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1        assessed value as adjusted" or (ii) the initial
2        equalized assessed value of each such taxable lot,
3        block, tract, or parcel of real property existing at
4        the time tax increment financing was adopted, minus the
5        total current homestead exemptions under Article 15 of
6        the Property Tax Code in the redevelopment project area
7        shall be allocated to and when collected shall be paid
8        by the county collector to the respective affected
9        taxing districts in the manner required by law in the
10        absence of the adoption of tax increment allocation
11        financing.
12            (2) That portion, if any, of such taxes which is
13        attributable to the increase in the current equalized
14        assessed valuation of each taxable lot, block, tract,
15        or parcel of real property in the redevelopment project
16        area, over and above the initial equalized assessed
17        value of each property existing at the time tax
18        increment financing was adopted, minus the total
19        current homestead exemptions pertaining to each piece
20        of property provided by Article 15 of the Property Tax
21        Code in the redevelopment project area, shall be
22        allocated to and when collected shall be paid by the
23        county collector as follows:
24                (A) First, that portion which would be payable
25            to a school district whose boundaries are
26            coterminous with such municipality in the absence

 

 

10000SB0001sam003- 98 -LRB100 06371 NHT 24718 a

1            of the adoption of tax increment allocation
2            financing, shall be paid to such school district in
3            the manner required by law in the absence of the
4            adoption of tax increment allocation financing;
5            then
6                (B) 80% of the remaining portion shall be paid
7            to the municipal Treasurer, who shall deposit said
8            taxes into a special fund called the special tax
9            allocation fund of the municipality for the
10            purpose of paying redevelopment project costs and
11            obligations incurred in the payment thereof; and
12            then
13                (C) 20% of the remaining portion shall be paid
14            to the respective affected taxing districts, other
15            than the school district described in clause (a)
16            above, in the manner required by law in the absence
17            of the adoption of tax increment allocation
18            financing.
19    Nothing in this Section shall be construed as relieving
20property in such redevelopment project areas from being
21assessed as provided in the Property Tax Code or as relieving
22owners of such property from paying a uniform rate of taxes, as
23required by Section 4 of Article IX of the Illinois
24Constitution.
25(Source: P.A. 98-463, eff. 8-16-13; 99-792, eff. 8-12-16.)
 

 

 

10000SB0001sam003- 99 -LRB100 06371 NHT 24718 a

1    (65 ILCS 5/11-74.6-35)
2    Sec. 11-74.6-35. Ordinance for tax increment allocation
3financing.
4    (a) A municipality, at the time a redevelopment project
5area is designated, may adopt tax increment allocation
6financing by passing an ordinance providing that the ad valorem
7taxes, if any, arising from the levies upon taxable real
8property within the redevelopment project area by taxing
9districts and tax rates determined in the manner provided in
10subsection (b) of Section 11-74.6-40 each year after the
11effective date of the ordinance until redevelopment project
12costs and all municipal obligations financing redevelopment
13project costs incurred under this Act have been paid shall be
14divided as follows:
15        (1) That portion of the taxes levied upon each taxable
16    lot, block, tract or parcel of real property that is
17    attributable to the lower of the current equalized assessed
18    value or the initial equalized assessed value or the
19    updated initial equalized assessed value of each taxable
20    lot, block, tract or parcel of real property in the
21    redevelopment project area shall be allocated to and when
22    collected shall be paid by the county collector to the
23    respective affected taxing districts in the manner
24    required by law without regard to the adoption of tax
25    increment allocation financing.
26        (2) That portion, if any, of those taxes that is

 

 

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1    attributable to the increase in the current equalized
2    assessed value of each taxable lot, block, tract or parcel
3    of real property in the redevelopment project area, over
4    and above the initial equalized assessed value or the
5    updated initial equalized assessed value of each property
6    in the project area, shall be allocated to and when
7    collected shall be paid by the county collector to the
8    municipal treasurer who shall deposit that portion of those
9    taxes into a special fund called the special tax allocation
10    fund of the municipality for the purpose of paying
11    redevelopment project costs and obligations incurred in
12    the payment of those costs and obligations. In any county
13    with a population of 3,000,000 or more that has adopted a
14    procedure for collecting taxes that provides for one or
15    more of the installments of the taxes to be billed and
16    collected on an estimated basis, the municipal treasurer
17    shall be paid for deposit in the special tax allocation
18    fund of the municipality, from the taxes collected from
19    estimated bills issued for property in the redevelopment
20    project area, the difference between the amount actually
21    collected from each taxable lot, block, tract, or parcel of
22    real property within the redevelopment project area and an
23    amount determined by multiplying the rate at which taxes
24    were last extended against the taxable lot, block, track,
25    or parcel of real property in the manner provided in
26    subsection (b) of Section 11-74.6-40 by the initial

 

 

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1    equalized assessed value or the updated initial equalized
2    assessed value of the property divided by the number of
3    installments in which real estate taxes are billed and
4    collected within the county, provided that the payments on
5    or before December 31, 1999 to a municipal treasurer shall
6    be made only if each of the following conditions are met:
7            (A) The total equalized assessed value of the
8        redevelopment project area as last determined was not
9        less than 175% of the total initial equalized assessed
10        value.
11            (B) Not more than 50% of the total equalized
12        assessed value of the redevelopment project area as
13        last determined is attributable to a piece of property
14        assigned a single real estate index number.
15            (C) The municipal clerk has certified to the county
16        clerk that the municipality has issued its obligations
17        to which there has been pledged the incremental
18        property taxes of the redevelopment project area or
19        taxes levied and collected on any or all property in
20        the municipality or the full faith and credit of the
21        municipality to pay or secure payment for all or a
22        portion of the redevelopment project costs. The
23        certification shall be filed annually no later than
24        September 1 for the estimated taxes to be distributed
25        in the following year.
26    The conditions of paragraphs (A) through (C) do not apply

 

 

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1after December 31, 1999 to payments to a municipal treasurer
2made by a county with 3,000,000 or more inhabitants that has
3adopted an estimated billing procedure for collecting taxes. If
4a county that has adopted the estimated billing procedure makes
5an erroneous overpayment of tax revenue to the municipal
6treasurer, then the county may seek a refund of that
7overpayment. The county shall send the municipal treasurer a
8notice of liability for the overpayment on or before the
9mailing date of the next real estate tax bill within the
10county. The refund shall be limited to the amount of the
11overpayment.
12    (b) It is the intent of this Act that a municipality's own
13ad valorem tax arising from levies on taxable real property be
14included in the determination of incremental revenue in the
15manner provided in paragraph (b) of Section 11-74.6-40.
16    (c) If a municipality has adopted tax increment allocation
17financing for a redevelopment project area by ordinance and the
18county clerk thereafter certifies the total initial equalized
19assessed value or the total updated initial equalized assessed
20value of the taxable real property within such redevelopment
21project area in the manner provided in paragraph (a) or (b) of
22Section 11-74.6-40, each year after the date of the
23certification of the total initial equalized assessed value or
24the total updated initial equalized assessed value until
25redevelopment project costs and all municipal obligations
26financing redevelopment project costs have been paid, the ad

 

 

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1valorem taxes, if any, arising from the levies upon the taxable
2real property in the redevelopment project area by taxing
3districts and tax rates determined in the manner provided in
4paragraph (b) of Section 11-74.6-40 shall be divided as
5follows:
6        (1) That portion of the taxes levied upon each taxable
7    lot, block, tract or parcel of real property that is
8    attributable to the lower of the current equalized assessed
9    value or the initial equalized assessed value, or the
10    updated initial equalized assessed value of each parcel if
11    the updated initial equalized assessed value of that parcel
12    has been certified in accordance with Section 11-74.6-40,
13    whichever has been most recently certified, of each taxable
14    lot, block, tract, or parcel of real property existing at
15    the time tax increment allocation financing was adopted in
16    the redevelopment project area, shall be allocated to and
17    when collected shall be paid by the county collector to the
18    respective affected taxing districts in the manner
19    required by law without regard to the adoption of tax
20    increment allocation financing.
21        (2) That portion, if any, of those taxes that is
22    attributable to the increase in the current equalized
23    assessed value of each taxable lot, block, tract, or parcel
24    of real property in the redevelopment project area, over
25    and above the initial equalized assessed value of each
26    property existing at the time tax increment allocation

 

 

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1    financing was adopted in the redevelopment project area, or
2    the updated initial equalized assessed value of each parcel
3    if the updated initial equalized assessed value of that
4    parcel has been certified in accordance with Section
5    11-74.6-40, shall be allocated to and when collected shall
6    be paid to the municipal treasurer, who shall deposit those
7    taxes into a special fund called the special tax allocation
8    fund of the municipality for the purpose of paying
9    redevelopment project costs and obligations incurred in
10    the payment thereof.
11    (d) The municipality may pledge in the ordinance the funds
12in and to be deposited in the special tax allocation fund for
13the payment of redevelopment project costs and obligations. No
14part of the current equalized assessed value of each property
15in the redevelopment project area attributable to any increase
16above the total initial equalized assessed value or the total
17initial updated equalized assessed value of the property, shall
18be used in calculating the general General State aid formula
19School Aid Formula, provided for in Section 18-8 of the School
20Code, or the evidence-based funding formula, provided for in
21Section 18-8.15 of the School Code, until all redevelopment
22project costs have been paid as provided for in this Section.
23    Whenever a municipality issues bonds for the purpose of
24financing redevelopment project costs, that municipality may
25provide by ordinance for the appointment of a trustee, which
26may be any trust company within the State, and for the

 

 

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1establishment of any funds or accounts to be maintained by that
2trustee, as the municipality deems necessary to provide for the
3security and payment of the bonds. If the municipality provides
4for the appointment of a trustee, the trustee shall be
5considered the assignee of any payments assigned by the
6municipality under that ordinance and this Section. Any amounts
7paid to the trustee as assignee shall be deposited into the
8funds or accounts established under the trust agreement, and
9shall be held by the trustee in trust for the benefit of the
10holders of the bonds. The holders of those bonds shall have a
11lien on and a security interest in those funds or accounts
12while the bonds remain outstanding and unpaid. Upon retirement
13of the bonds, the trustee shall pay over any excess amounts
14held to the municipality for deposit in the special tax
15allocation fund.
16    When the redevelopment projects costs, including without
17limitation all municipal obligations financing redevelopment
18project costs incurred under this Law, have been paid, all
19surplus funds then remaining in the special tax allocation fund
20shall be distributed by being paid by the municipal treasurer
21to the municipality and the county collector; first to the
22municipality in direct proportion to the tax incremental
23revenue received from the municipality, but not to exceed the
24total incremental revenue received from the municipality,
25minus any annual surplus distribution of incremental revenue
26previously made. Any remaining funds shall be paid to the

 

 

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1county collector who shall immediately distribute that payment
2to the taxing districts in the redevelopment project area in
3the same manner and proportion as the most recent distribution
4by the county collector to the affected districts of real
5property taxes from real property situated in the redevelopment
6project area.
7    Upon the payment of all redevelopment project costs,
8retirement of obligations and the distribution of any excess
9moneys under this Section, the municipality shall adopt an
10ordinance dissolving the special tax allocation fund for the
11redevelopment project area and terminating the designation of
12the redevelopment project area as a redevelopment project area.
13Thereafter the tax levies of taxing districts shall be
14extended, collected and distributed in the same manner
15applicable before the adoption of tax increment allocation
16financing. Municipality shall notify affected taxing districts
17prior to November if the redevelopment project area is to be
18terminated by December 31 of that same year.
19    Nothing in this Section shall be construed as relieving
20property in a redevelopment project area from being assessed as
21provided in the Property Tax Code or as relieving owners of
22that property from paying a uniform rate of taxes, as required
23by Section 4 of Article IX of the Illinois Constitution.
24(Source: P.A. 91-474, eff. 11-1-99.)
 
25    Section 40. The Economic Development Project Area Tax

 

 

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1Increment Allocation Act of 1995 is amended by changing Section
250 as follows:
 
3    (65 ILCS 110/50)
4    Sec. 50. Special tax allocation fund.
5    (a) If a county clerk has certified the "total initial
6equalized assessed value" of the taxable real property within
7an economic development project area in the manner provided in
8Section 45, each year after the date of the certification by
9the county clerk of the "total initial equalized assessed
10value", until economic development project costs and all
11municipal obligations financing economic development project
12costs have been paid, the ad valorem taxes, if any, arising
13from the levies upon the taxable real property in the economic
14development project area by taxing districts and tax rates
15determined in the manner provided in subsection (b) of Section
1645 shall be divided as follows:
17        (1) That portion of the taxes levied upon each taxable
18    lot, block, tract, or parcel of real property that is
19    attributable to the lower of the current equalized assessed
20    value or the initial equalized assessed value of each
21    taxable lot, block, tract, or parcel of real property
22    existing at the time tax increment financing was adopted
23    shall be allocated to (and when collected shall be paid by
24    the county collector to) the respective affected taxing
25    districts in the manner required by law in the absence of

 

 

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1    the adoption of tax increment allocation financing.
2        (2) That portion, if any, of the taxes that is
3    attributable to the increase in the current equalized
4    assessed valuation of each taxable lot, block, tract, or
5    parcel of real property in the economic development project
6    area, over and above the initial equalized assessed value
7    of each property existing at the time tax increment
8    financing was adopted, shall be allocated to (and when
9    collected shall be paid to) the municipal treasurer, who
10    shall deposit the taxes into a special fund (called the
11    special tax allocation fund of the municipality) for the
12    purpose of paying economic development project costs and
13    obligations incurred in the payment of those costs.
14    (b) The municipality, by an ordinance adopting tax
15increment allocation financing, may pledge the monies in and to
16be deposited into the special tax allocation fund for the
17payment of obligations issued under this Act and for the
18payment of economic development project costs. No part of the
19current equalized assessed valuation of each property in the
20economic development project area attributable to any increase
21above the total initial equalized assessed value of those
22properties shall be used in calculating the general State
23school aid formula under Section 18-8 of the School Code or the
24evidence-based funding formula under Section 18-8.15 of the
25School Code, until all economic development projects costs have
26been paid as provided for in this Section.

 

 

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1    (c) When the economic development projects costs,
2including without limitation all municipal obligations
3financing economic development project costs incurred under
4this Act, have been paid, all surplus monies then remaining in
5the special tax allocation fund shall be distributed by being
6paid by the municipal treasurer to the county collector, who
7shall immediately pay the monies to the taxing districts having
8taxable property in the economic development project area in
9the same manner and proportion as the most recent distribution
10by the county collector to those taxing districts of real
11property taxes from real property in the economic development
12project area.
13    (d) Upon the payment of all economic development project
14costs, retirement of obligations, and distribution of any
15excess monies under this Section and not later than 23 years
16from the date of the adoption of the ordinance establishing the
17economic development project area, the municipality shall
18adopt an ordinance dissolving the special tax allocation fund
19for the economic development project area and terminating the
20designation of the economic development project area as an
21economic development project area. Thereafter, the rates of the
22taxing districts shall be extended and taxes shall be levied,
23collected, and distributed in the manner applicable in the
24absence of the adoption of tax increment allocation financing.
25    (e) Nothing in this Section shall be construed as relieving
26property in the economic development project areas from being

 

 

10000SB0001sam003- 110 -LRB100 06371 NHT 24718 a

1assessed as provided in the Property Tax Code or as relieving
2owners or lessees of that property from paying a uniform rate
3of taxes as required by Section 4 of Article IX of the Illinois
4Constitution.
5(Source: P.A. 98-463, eff. 8-16-13.)
 
6    Section 45. The School Code is amended by changing Sections
71A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, 1F-20,
81F-62, 1H-20, 1H-70, 2-3.33, 2-3.51.5, 2-3.66, 2-3.66b,
92-3.84, 2-3.109a, 3-14.21, 7-14A, 10-19, 10-22.5a, 10-22.20,
1010-29, 11E-135, 13A-8, 13B-20.20, 13B-45, 13B-50, 13B-50.10,
1113B-50.15, 14-7.02, 14-7.02b, 14-13.01, 14C-1, 14C-12, 17-1,
1217-1.2, 17-1.5, 17-2.11, 17-2A, 18-4.3, 18-8.05, 18-8.10,
1318-9, 18-12, 26-16, 27-8.1, 27A-9, 27A-11, 29-5, 34-2.3, 34-18,
1434-18.30, and 34-43.1 and by adding Sections 17-3.6 and 18-8.15
15as follows:
 
16    (105 ILCS 5/1A-8)  (from Ch. 122, par. 1A-8)
17    Sec. 1A-8. Powers of the Board in Assisting Districts
18Deemed in Financial Difficulties. To promote the financial
19integrity of school districts, the State Board of Education
20shall be provided the necessary powers to promote sound
21financial management and continue operation of the public
22schools.
23    (a) The State Superintendent of Education may require a
24school district, including any district subject to Article 34A

 

 

10000SB0001sam003- 111 -LRB100 06371 NHT 24718 a

1of this Code, to share financial information relevant to a
2proper investigation of the district's financial condition and
3the delivery of appropriate State financial, technical, and
4consulting services to the district if the district (i) has
5been designated, through the State Board of Education's School
6District Financial Profile System, as on financial warning or
7financial watch status, (ii) has failed to file an annual
8financial report, annual budget, deficit reduction plan, or
9other financial information as required by law, (iii) has been
10identified, through the district's annual audit or other
11financial and management information, as in serious financial
12difficulty in the current or next school year, or (iv) is
13determined to be likely to fail to fully meet any regularly
14scheduled, payroll-period obligations when due or any debt
15service payments when due or both. In addition to financial,
16technical, and consulting services provided by the State Board
17of Education, at the request of a school district, the State
18Superintendent may provide for an independent financial
19consultant to assist the district review its financial
20condition and options.
21    (b) The State Board of Education, after proper
22investigation of a district's financial condition, may certify
23that a district, including any district subject to Article 34A,
24is in financial difficulty when any of the following conditions
25occur:
26        (1) The district has issued school or teacher orders

 

 

10000SB0001sam003- 112 -LRB100 06371 NHT 24718 a

1    for wages as permitted in Sections 8-16, 32-7.2 and 34-76
2    of this Code.
3        (2) The district has issued tax anticipation warrants
4    or tax anticipation notes in anticipation of a second
5    year's taxes when warrants or notes in anticipation of
6    current year taxes are still outstanding, as authorized by
7    Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has
8    issued short-term debt against 2 future revenue sources,
9    such as, but not limited to, tax anticipation warrants and
10    general State aid or evidence-based funding Aid
11    certificates or tax anticipation warrants and revenue
12    anticipation notes.
13        (3) The district has for 2 consecutive years shown an
14    excess of expenditures and other financing uses over
15    revenues and other financing sources and beginning fund
16    balances on its annual financial report for the aggregate
17    totals of the Educational, Operations and Maintenance,
18    Transportation, and Working Cash Funds.
19        (4) The district refuses to provide financial
20    information or cooperate with the State Superintendent in
21    an investigation of the district's financial condition.
22        (5) The district is likely to fail to fully meet any
23    regularly scheduled, payroll-period obligations when due
24    or any debt service payments when due or both.
25    No school district shall be certified by the State Board of
26Education to be in financial difficulty solely by reason of any

 

 

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1of the above circumstances arising as a result of (i) the
2failure of the county to make any distribution of property tax
3money due the district at the time such distribution is due or
4(ii) the failure of this State to make timely payments of
5general State aid, evidence-based funding, or any of the
6mandated categoricals; or if the district clearly demonstrates
7to the satisfaction of the State Board of Education at the time
8of its determination that such condition no longer exists. If
9the State Board of Education certifies that a district in a
10city with 500,000 inhabitants or more is in financial
11difficulty, the State Board shall so notify the Governor and
12the Mayor of the city in which the district is located. The
13State Board of Education may require school districts certified
14in financial difficulty, except those districts subject to
15Article 34A, to develop, adopt and submit a financial plan
16within 45 days after certification of financial difficulty. The
17financial plan shall be developed according to guidelines
18presented to the district by the State Board of Education
19within 14 days of certification. Such guidelines shall address
20the specific nature of each district's financial difficulties.
21Any proposed budget of the district shall be consistent with
22the financial plan submitted to and approved by the State Board
23of Education.
24    A district certified to be in financial difficulty, other
25than a district subject to Article 34A, shall report to the
26State Board of Education at such times and in such manner as

 

 

10000SB0001sam003- 114 -LRB100 06371 NHT 24718 a

1the State Board may direct, concerning the district's
2compliance with each financial plan. The State Board may review
3the district's operations, obtain budgetary data and financial
4statements, require the district to produce reports, and have
5access to any other information in the possession of the
6district that it deems relevant. The State Board may issue
7recommendations or directives within its powers to the district
8to assist in compliance with the financial plan. The district
9shall produce such budgetary data, financial statements,
10reports and other information and comply with such directives.
11If the State Board of Education determines that a district has
12failed to comply with its financial plan, the State Board of
13Education may rescind approval of the plan and appoint a
14Financial Oversight Panel for the district as provided in
15Section 1B-4. This action shall be taken only after the
16district has been given notice and an opportunity to appear
17before the State Board of Education to discuss its failure to
18comply with its financial plan.
19    No bonds, notes, teachers orders, tax anticipation
20warrants or other evidences of indebtedness shall be issued or
21sold by a school district or be legally binding upon or
22enforceable against a local board of education of a district
23certified to be in financial difficulty unless and until the
24financial plan required under this Section has been approved by
25the State Board of Education.
26    Any financial profile compiled and distributed by the State

 

 

10000SB0001sam003- 115 -LRB100 06371 NHT 24718 a

1Board of Education in Fiscal Year 2009 or any fiscal year
2thereafter shall incorporate such adjustments as may be needed
3in the profile scores to reflect the financial effects of the
4inability or refusal of the State of Illinois to make timely
5disbursements of any general State aid, evidence-based
6funding, or mandated categorical aid payments due school
7districts or to fully reimburse school districts for mandated
8categorical programs pursuant to reimbursement formulas
9provided in this School Code.
10(Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10;
1197-429, eff. 8-16-11.)
 
12    (105 ILCS 5/1B-5)  (from Ch. 122, par. 1B-5)
13    Sec. 1B-5. When a petition for emergency financial
14assistance for a school district is allowed by the State Board
15under Section 1B-4, the State Superintendent shall within 10
16days thereafter appoint 3 members to serve at the State
17Superintendent's pleasure on a Financial Oversight Panel for
18the district. The State Superintendent shall designate one of
19the members of the Panel to serve as its Chairman. In the event
20of vacancy or resignation the State Superintendent shall
21appoint a successor within 10 days of receiving notice thereof.
22    Members of the Panel shall be selected primarily on the
23basis of their experience and education in financial
24management, with consideration given to persons knowledgeable
25in education finance. A member of the Panel may not be a board

 

 

10000SB0001sam003- 116 -LRB100 06371 NHT 24718 a

1member or employee of the district for which the Panel is
2constituted, nor may a member have a direct financial interest
3in that district.
4    Panel members shall serve without compensation, but may be
5reimbursed for travel and other necessary expenses incurred in
6the performance of their official duties by the State Board.
7The amount reimbursed Panel members for their expenses shall be
8charged to the school district as part of any emergency
9financial assistance and incorporated as a part of the terms
10and conditions for repayment of such assistance or shall be
11deducted from the district's general State aid or
12evidence-based funding as provided in Section 1B-8.
13    The first meeting of the Panel shall be held at the call of
14the Chairman. The Panel may elect such other officers as it
15deems appropriate. The Panel shall prescribe the times and
16places for its meetings and the manner in which regular and
17special meetings may be called, and shall comply with the Open
18Meetings Act.
19    Two members of the Panel shall constitute a quorum, and the
20affirmative vote of 2 members shall be necessary for any
21decision or action to be taken by the Panel.
22    The Panel and the State Superintendent shall cooperate with
23each other in the exercise of their respective powers. The
24Panel shall report not later than September 1 annually to the
25State Board and the State Superintendent with respect to its
26activities and the condition of the school district for the

 

 

10000SB0001sam003- 117 -LRB100 06371 NHT 24718 a

1previous fiscal year.
2    Any Financial Oversight Panel established under this
3Article shall remain in existence for not less than 3 years nor
4more than 10 years from the date the State Board grants the
5petition under Section 1B-4. If after 3 years the school
6district has repaid all of its obligations resulting from
7emergency State financial assistance provided under this
8Article and has improved its financial situation, the board of
9education may, not more frequently than once in any 12 month
10period, petition the State Board to dissolve the Financial
11Oversight Panel, terminate the oversight responsibility, and
12remove the district's certification under Section 1A-8 as a
13district in financial difficulty. In acting on such a petition
14the State Board shall give additional weight to the
15recommendations of the State Superintendent and the Financial
16Oversight Panel.
17(Source: P.A. 88-618, eff. 9-9-94.)
 
18    (105 ILCS 5/1B-6)  (from Ch. 122, par. 1B-6)
19    Sec. 1B-6. General powers. The purpose of the Financial
20Oversight Panel shall be to exercise financial control over the
21board of education, and, when approved by the State Board and
22the State Superintendent of Education, to furnish financial
23assistance so that the board can provide public education
24within the board's jurisdiction while permitting the board to
25meet its obligations to its creditors and the holders of its

 

 

10000SB0001sam003- 118 -LRB100 06371 NHT 24718 a

1notes and bonds. Except as expressly limited by this Article,
2the Panel shall have all powers necessary to meet its
3responsibilities and to carry out its purposes and the purposes
4of this Article, including, but not limited to, the following
5powers:
6    (a) to sue and be sued;
7    (b) to provide for its organization and internal
8management;
9    (c) to appoint a Financial Administrator to serve as the
10chief executive officer of the Panel. The Financial
11Administrator may be an individual, partnership, corporation,
12including an accounting firm, or other entity determined by the
13Panel to be qualified to serve; and to appoint other officers,
14agents, and employees of the Panel, define their duties and
15qualifications and fix their compensation and employee
16benefits;
17    (d) to approve the local board of education appointments to
18the positions of treasurer in a Class I county school unit and
19in each school district which forms a part of a Class II county
20school unit but which no longer is subject to the jurisdiction
21and authority of a township treasurer or trustees of schools of
22a township because the district has withdrawn from the
23jurisdiction and authority of the township treasurer and the
24trustees of schools of the township or because those offices
25have been abolished as provided in subsection (b) or (c) of
26Section 5-1, and chief school business official, if such

 

 

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1official is not the superintendent of the district. Either the
2board or the Panel may remove such treasurer or chief school
3business official;
4    (e) to approve any and all bonds, notes, teachers orders,
5tax anticipation warrants, and other evidences of indebtedness
6prior to issuance or sale by the school district; and
7notwithstanding any other provision of The School Code, as now
8or hereafter amended, no bonds, notes, teachers orders, tax
9anticipation warrants or other evidences of indebtedness shall
10be issued or sold by the school district or be legally binding
11upon or enforceable against the local board of education unless
12and until the approval of the Panel has been received;
13    (f) to approve all property tax levies of the school
14district and require adjustments thereto as the Panel deems
15necessary or advisable;
16    (g) to require and approve a school district financial
17plan;
18    (h) to approve and require revisions of the school district
19budget;
20    (i) to approve all contracts and other obligations as the
21Panel deems necessary and appropriate;
22    (j) to authorize emergency State financial assistance,
23including requirements regarding the terms and conditions of
24repayment of such assistance, and to require the board of
25education to levy a separate local property tax, subject to the
26limitations of Section 1B-8, sufficient to repay such

 

 

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1assistance consistent with the terms and conditions of
2repayment and the district's approved financial plan and
3budget;
4    (k) to request the regional superintendent to make
5appointments to fill all vacancies on the local school board as
6provided in Section 10-10;
7    (l) to recommend dissolution or reorganization of the
8school district to the General Assembly if in the Panel's
9judgment the circumstances so require;
10    (m) to direct a phased reduction in the oversight
11responsibilities of the Financial Administrator and of the
12Panel as the circumstances permit;
13    (n) to determine the amount of emergency State financial
14assistance to be made available to the school district, and to
15establish an operating budget for the Panel to be supported by
16funds available from such assistance, with the assistance and
17the budget required to be approved by the State Superintendent;
18    (o) to procure insurance against any loss in such amounts
19and from such insurers as it deems necessary;
20    (p) to engage the services of consultants for rendering
21professional and technical assistance and advice on matters
22within the Panel's power;
23    (q) to contract for and to accept any gifts, grants or
24loans of funds or property or financial or other aid in any
25form from the federal government, State government, unit of
26local government, school district or any agency or

 

 

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1instrumentality thereof, or from any other private or public
2source, and to comply with the terms and conditions thereof;
3    (r) to pay the expenses of its operations based on the
4Panel's budget as approved by the State Superintendent from
5emergency financial assistance funds available to the district
6or from deductions from the district's general State aid or
7evidence-based funding;
8    (s) to do any and all things necessary or convenient to
9carry out its purposes and exercise the powers given to the
10Panel by this Article; and
11    (t) to recommend the creation of a school finance authority
12pursuant to Article 1F of this Code.
13(Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)
 
14    (105 ILCS 5/1B-7)  (from Ch. 122, par. 1B-7)
15    Sec. 1B-7. Financial Administrator; Powers and Duties. The
16Financial Administrator appointed by the Financial Oversight
17Panel shall serve as the Panel's chief executive officer. The
18Financial Administrator shall exercise the powers and duties
19required by the Panel, including but not limited to the
20following:
21    (a) to provide guidance and recommendations to the local
22board and officials of the school district in developing the
23district's financial plan and budget prior to board action;
24    (b) to direct the local board to reorganize its financial
25accounts, budgetary systems, and internal accounting and

 

 

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1financial controls, in whatever manner the Panel deems
2appropriate to achieve greater financial responsibility and to
3reduce financial inefficiency, and to provide technical
4assistance to aid the district in accomplishing the
5reorganization;
6    (c) to make recommendations to the Financial Oversight
7Panel concerning the school district's financial plan and
8budget, and all other matters within the scope of the Panel's
9authority;
10    (d) to prepare and recommend to the Panel a proposal for
11emergency State financial assistance for the district,
12including recommended terms and conditions of repayment, and an
13operations budget for the Panel to be funded from the emergency
14assistance or from deductions from the district's general State
15aid or evidence-based funding;
16    (e) to require the local board to prepare and submit
17preliminary staffing and budgetary analyses annually prior to
18February 1 in such manner and form as the Financial
19Administrator shall prescribe; and
20    (f) subject to the direction of the Panel, to do all other
21things necessary or convenient to carry out its purposes and
22exercise the powers given to the Panel under this Article.
23(Source: P.A. 88-618, eff. 9-9-94.)
 
24    (105 ILCS 5/1B-8)  (from Ch. 122, par. 1B-8)
25    Sec. 1B-8. There is created in the State Treasury a special

 

 

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1fund to be known as the School District Emergency Financial
2Assistance Fund (the "Fund"). The School District Emergency
3Financial Assistance Fund shall consist of appropriations,
4loan repayments, grants from the federal government, and
5donations from any public or private source. Moneys in the Fund
6may be appropriated only to the Illinois Finance Authority and
7the State Board for those purposes authorized under this
8Article and Articles 1F and 1H of this Code. The appropriation
9may be allocated and expended by the State Board for
10contractual services to provide technical assistance or
11consultation to school districts to assess their financial
12condition and to Financial Oversight Panels that petition for
13emergency financial assistance grants. The Illinois Finance
14Authority may provide loans to school districts which are the
15subject of an approved petition for emergency financial
16assistance under Section 1B-4, 1F-62, or 1H-65 of this Code.
17Neither the State Board of Education nor the Illinois Finance
18Authority may collect any fees for providing these services.
19    From the amount allocated to each such school district
20under this Article the State Board shall identify a sum
21sufficient to cover all approved costs of the Financial
22Oversight Panel established for the respective school
23district. If the State Board and State Superintendent of
24Education have not approved emergency financial assistance in
25conjunction with the appointment of a Financial Oversight
26Panel, the Panel's approved costs shall be paid from deductions

 

 

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1from the district's general State aid or evidence-based
2funding.
3    The Financial Oversight Panel may prepare and file with the
4State Superintendent a proposal for emergency financial
5assistance for the school district and for its operations
6budget. No expenditures from the Fund shall be authorized by
7the State Superintendent until he or she has approved the
8request of the Panel, either as submitted or in such lesser
9amount determined by the State Superintendent.
10    The maximum amount of an emergency financial assistance
11loan which may be allocated to any school district under this
12Article, including moneys necessary for the operations of the
13Panel, shall not exceed $4,000 times the number of pupils
14enrolled in the school district during the school year ending
15June 30 prior to the date of approval by the State Board of the
16petition for emergency financial assistance, as certified to
17the local board and the Panel by the State Superintendent. An
18emergency financial assistance grant shall not exceed $1,000
19times the number of such pupils. A district may receive both a
20loan and a grant.
21    The payment of an emergency State financial assistance
22grant or loan shall be subject to appropriation by the General
23Assembly. Payment of the emergency State financial assistance
24loan is subject to the applicable provisions of the Illinois
25Finance Authority Act. Emergency State financial assistance
26allocated and paid to a school district under this Article may

 

 

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1be applied to any fund or funds from which the local board of
2education of that district is authorized to make expenditures
3by law.
4    Any emergency financial assistance grant proposed by the
5Financial Oversight Panel and approved by the State
6Superintendent may be paid in its entirety during the initial
7year of the Panel's existence or spread in equal or declining
8amounts over a period of years not to exceed the period of the
9Panel's existence. An emergency financial assistance loan
10proposed by the Financial Oversight Panel and approved by the
11Illinois Finance Authority may be paid in its entirety during
12the initial year of the Panel's existence or spread in equal or
13declining amounts over a period of years not to exceed the
14period of the Panel's existence. All loans made by the Illinois
15Finance Authority for a school district shall be required to be
16repaid, with simple interest over the term of the loan at a
17rate equal to 50% of the one-year Constant Maturity Treasury
18(CMT) yield as last published by the Board of Governors of the
19Federal Reserve System before the date on which the district's
20loan is approved by the Illinois Finance Authority, not later
21than the date the Financial Oversight Panel ceases to exist.
22The Panel shall establish and the Illinois Finance Authority
23shall approve the terms and conditions, including the schedule,
24of repayments. The schedule shall provide for repayments
25commencing July 1 of each year or upon each fiscal year's
26receipt of moneys from a tax levy for emergency financial

 

 

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1assistance. Repayment shall be incorporated into the annual
2budget of the school district and may be made from any fund or
3funds of the district in which there are moneys available. An
4emergency financial assistance loan to the Panel or district
5shall not be considered part of the calculation of a district's
6debt for purposes of the limitation specified in Section 19-1
7of this Code. Default on repayment is subject to the Illinois
8Grant Funds Recovery Act. When moneys are repaid as provided
9herein they shall not be made available to the local board for
10further use as emergency financial assistance under this
11Article at any time thereafter. All repayments required to be
12made by a school district shall be received by the State Board
13and deposited in the School District Emergency Financial
14Assistance Fund.
15    In establishing the terms and conditions for the repayment
16obligation of the school district the Panel shall annually
17determine whether a separate local property tax levy is
18required. The board of any school district with a tax rate for
19educational purposes for the prior year of less than 120% of
20the maximum rate for educational purposes authorized by Section
2117-2 shall provide for a separate tax levy for emergency
22financial assistance repayment purposes. Such tax levy shall
23not be subject to referendum approval. The amount of the levy
24shall be equal to the amount necessary to meet the annual
25repayment obligations of the district as established by the
26Panel, or 20% of the amount levied for educational purposes for

 

 

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1the prior year, whichever is less. However, no district shall
2be required to levy the tax if the district's operating tax
3rate as determined under Section 18-8, or 18-8.05, or 18-8.15
4exceeds 200% of the district's tax rate for educational
5purposes for the prior year.
6(Source: P.A. 97-429, eff. 8-16-11.)
 
7    (105 ILCS 5/1C-1)
8    Sec. 1C-1. Purpose. The purpose of this Article is to
9permit greater flexibility and efficiency in the distribution
10and use of certain State funds available to local education
11agencies for the improvement of the quality of educational
12services pursuant to locally established priorities.
13    Through fiscal year 2017, this This Article does not apply
14to school districts having a population in excess of 500,000
15inhabitants.
16(Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95;
1789-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
 
18    (105 ILCS 5/1C-2)
19    Sec. 1C-2. Block grants.
20    (a) For fiscal year 1999, and each fiscal year thereafter,
21the State Board of Education shall award to school districts
22block grants as described in subsection (c). The State Board of
23Education may adopt rules and regulations necessary to
24implement this Section. In accordance with Section 2-3.32, all

 

 

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1state block grants are subject to an audit. Therefore, block
2grant receipts and block grant expenditures shall be recorded
3to the appropriate fund code.
4    (b) (Blank).
5    (c) An Early Childhood Education Block Grant shall be
6created by combining the following programs: Preschool
7Education, Parental Training and Prevention Initiative. These
8funds shall be distributed to school districts and other
9entities on a competitive basis, except that the State Board of
10Education shall award to a school district having a population
11exceeding 500,000 inhabitants 37% of the funds in each fiscal
12year. Not less than 14% of the Early Childhood Education Block
13Grant allocation of funds shall be used to fund programs for
14children ages 0-3. Beginning in Fiscal Year 2016, at least 25%
15of any additional Early Childhood Education Block Grant funding
16over and above the previous fiscal year's allocation shall be
17used to fund programs for children ages 0-3. Once the
18percentage of Early Childhood Education Block Grant funding
19allocated to programs for children ages 0-3 reaches 20% of the
20overall Early Childhood Education Block Grant allocation for a
21full fiscal year, thereafter in subsequent fiscal years the
22percentage of Early Childhood Education Block Grant funding
23allocated to programs for children ages 0-3 each fiscal year
24shall remain at least 20% of the overall Early Childhood
25Education Block Grant allocation. However, if, in a given
26fiscal year, the amount appropriated for the Early Childhood

 

 

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1Education Block Grant is insufficient to increase the
2percentage of the grant to fund programs for children ages 0-3
3without reducing the amount of the grant for existing providers
4of preschool education programs, then the percentage of the
5grant to fund programs for children ages 0-3 may be held steady
6instead of increased.
7(Source: P.A. 98-645, eff. 7-1-14; 99-589, eff. 7-21-16.)
 
8    (105 ILCS 5/1D-1)
9    Sec. 1D-1. Block grant funding.
10    (a) For fiscal year 1996 through fiscal year 2017 and each
11fiscal year thereafter, the State Board of Education shall
12award to a school district having a population exceeding
13500,000 inhabitants a general education block grant and an
14educational services block grant, determined as provided in
15this Section, in lieu of distributing to the district separate
16State funding for the programs described in subsections (b) and
17(c). The provisions of this Section, however, do not apply to
18any federal funds that the district is entitled to receive. In
19accordance with Section 2-3.32, all block grants are subject to
20an audit. Therefore, block grant receipts and block grant
21expenditures shall be recorded to the appropriate fund code for
22the designated block grant.
23    (b) The general education block grant shall include the
24following programs: REI Initiative, Summer Bridges, Preschool
25At Risk, K-6 Comprehensive Arts, School Improvement Support,

 

 

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1Urban Education, Scientific Literacy, Substance Abuse
2Prevention, Second Language Planning, Staff Development,
3Outcomes and Assessment, K-6 Reading Improvement, 7-12
4Continued Reading Improvement, Truants' Optional Education,
5Hispanic Programs, Agriculture Education, Parental Education,
6Prevention Initiative, Report Cards, and Criminal Background
7Investigations. Notwithstanding any other provision of law,
8all amounts paid under the general education block grant from
9State appropriations to a school district in a city having a
10population exceeding 500,000 inhabitants shall be appropriated
11and expended by the board of that district for any of the
12programs included in the block grant or any of the board's
13lawful purposes.
14    (c) The educational services block grant shall include the
15following programs: Regular and Vocational Transportation,
16State Lunch and Free Breakfast Program, Special Education
17(Personnel, Transportation, Orphanage, Private Tuition),
18funding for children requiring special education services,
19Summer School, Educational Service Centers, and
20Administrator's Academy. This subsection (c) does not relieve
21the district of its obligation to provide the services required
22under a program that is included within the educational
23services block grant. It is the intention of the General
24Assembly in enacting the provisions of this subsection (c) to
25relieve the district of the administrative burdens that impede
26efficiency and accompany single-program funding. The General

 

 

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1Assembly encourages the board to pursue mandate waivers
2pursuant to Section 2-3.25g.
3    The funding program included in the educational services
4block grant for funding for children requiring special
5education services in each fiscal year shall be treated in that
6fiscal year as a payment to the school district in respect of
7services provided or costs incurred in the prior fiscal year,
8calculated in each case as provided in this Section. Nothing in
9this Section shall change the nature of payments for any
10program that, apart from this Section, would be or, prior to
11adoption or amendment of this Section, was on the basis of a
12payment in a fiscal year in respect of services provided or
13costs incurred in the prior fiscal year, calculated in each
14case as provided in this Section.
15    (d) For fiscal year 1996 through fiscal year 2017 and each
16fiscal year thereafter, the amount of the district's block
17grants shall be determined as follows: (i) with respect to each
18program that is included within each block grant, the district
19shall receive an amount equal to the same percentage of the
20current fiscal year appropriation made for that program as the
21percentage of the appropriation received by the district from
22the 1995 fiscal year appropriation made for that program, and
23(ii) the total amount that is due the district under the block
24grant shall be the aggregate of the amounts that the district
25is entitled to receive for the fiscal year with respect to each
26program that is included within the block grant that the State

 

 

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1Board of Education shall award the district under this Section
2for that fiscal year. In the case of the Summer Bridges
3program, the amount of the district's block grant shall be
4equal to 44% of the amount of the current fiscal year
5appropriation made for that program.
6    (e) The district is not required to file any application or
7other claim in order to receive the block grants to which it is
8entitled under this Section. The State Board of Education shall
9make payments to the district of amounts due under the
10district's block grants on a schedule determined by the State
11Board of Education.
12    (f) A school district to which this Section applies shall
13report to the State Board of Education on its use of the block
14grants in such form and detail as the State Board of Education
15may specify. In addition, the report must include the following
16description for the district, which must also be reported to
17the General Assembly: block grant allocation and expenditures
18by program; population and service levels by program; and
19administrative expenditures by program. The State Board of
20Education shall ensure that the reporting requirements for the
21district are the same as for all other school districts in this
22State.
23    (g) Through fiscal year 2017, this This paragraph provides
24for the treatment of block grants under Article 1C for purposes
25of calculating the amount of block grants for a district under
26this Section. Those block grants under Article 1C are, for this

 

 

10000SB0001sam003- 133 -LRB100 06371 NHT 24718 a

1purpose, treated as included in the amount of appropriation for
2the various programs set forth in paragraph (b) above. The
3appropriation in each current fiscal year for each block grant
4under Article 1C shall be treated for these purposes as
5appropriations for the individual program included in that
6block grant. The proportion of each block grant so allocated to
7each such program included in it shall be the proportion which
8the appropriation for that program was of all appropriations
9for such purposes now in that block grant, in fiscal 1995.
10    Payments to the school district under this Section with
11respect to each program for which payments to school districts
12generally, as of the date of this amendatory Act of the 92nd
13General Assembly, are on a reimbursement basis shall continue
14to be made to the district on a reimbursement basis, pursuant
15to the provisions of this Code governing those programs.
16    (h) Notwithstanding any other provision of law, any school
17district receiving a block grant under this Section may
18classify all or a portion of the funds that it receives in a
19particular fiscal year from any block grant authorized under
20this Code or from general State aid pursuant to Section 18-8.05
21of this Code (other than supplemental general State aid) as
22funds received in connection with any funding program for which
23it is entitled to receive funds from the State in that fiscal
24year (including, without limitation, any funding program
25referred to in subsection (c) of this Section), regardless of
26the source or timing of the receipt. The district may not

 

 

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1classify more funds as funds received in connection with the
2funding program than the district is entitled to receive in
3that fiscal year for that program. Any classification by a
4district must be made by a resolution of its board of
5education. The resolution must identify the amount of any block
6grant or general State aid to be classified under this
7subsection (h) and must specify the funding program to which
8the funds are to be treated as received in connection
9therewith. This resolution is controlling as to the
10classification of funds referenced therein. A certified copy of
11the resolution must be sent to the State Superintendent of
12Education. The resolution shall still take effect even though a
13copy of the resolution has not been sent to the State
14Superintendent of Education in a timely manner. No
15classification under this subsection (h) by a district shall
16affect the total amount or timing of money the district is
17entitled to receive under this Code. No classification under
18this subsection (h) by a district shall in any way relieve the
19district from or affect any requirements that otherwise would
20apply with respect to the block grant as provided in this
21Section, including any accounting of funds by source, reporting
22expenditures by original source and purpose, reporting
23requirements, or requirements of provision of services.
24(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
2597-813, eff. 7-13-12.)
 

 

 

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1    (105 ILCS 5/1E-20)
2    (This Section scheduled to be repealed in accordance with
3105 ILCS 5/1E-165)
4    Sec. 1E-20. Members of Authority; meetings.
5    (a) When a petition for a School Finance Authority is
6allowed by the State Board under Section 1E-15 of this Code,
7the State Superintendent shall within 10 days thereafter
8appoint 5 members to serve on a School Finance Authority for
9the district. Of the initial members, 2 shall be appointed to
10serve a term of 2 years and 3 shall be appointed to serve a term
11of 3 years. Thereafter, each member shall serve for a term of 3
12years and until his or her successor has been appointed. The
13State Superintendent shall designate one of the members of the
14Authority to serve as its Chairperson. In the event of vacancy
15or resignation, the State Superintendent shall, within 10 days
16after receiving notice, appoint a successor to serve out that
17member's term. The State Superintendent may remove a member for
18incompetence, malfeasance, neglect of duty, or other just
19cause.
20    Members of the Authority shall be selected primarily on the
21basis of their experience and education in financial
22management, with consideration given to persons knowledgeable
23in education finance. Two members of the Authority shall be
24residents of the school district that the Authority serves. A
25member of the Authority may not be a member of the district's
26school board or an employee of the district nor may a member

 

 

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1have a direct financial interest in the district.
2    Authority members shall serve without compensation, but
3may be reimbursed by the State Board for travel and other
4necessary expenses incurred in the performance of their
5official duties. Unless paid from bonds issued under Section
61E-65 of this Code, the amount reimbursed members for their
7expenses shall be charged to the school district as part of any
8emergency financial assistance and incorporated as a part of
9the terms and conditions for repayment of the assistance or
10shall be deducted from the district's general State aid or
11evidence-based funding as provided in Section 1B-8 of this
12Code.
13    The Authority may elect such officers as it deems
14appropriate.
15    (b) The first meeting of the Authority shall be held at the
16call of the Chairperson. The Authority shall prescribe the
17times and places for its meetings and the manner in which
18regular and special meetings may be called and shall comply
19with the Open Meetings Act.
20    Three members of the Authority shall constitute a quorum.
21When a vote is taken upon any measure before the Authority, a
22quorum being present, a majority of the votes of the members
23voting on the measure shall determine the outcome.
24(Source: P.A. 92-547, eff. 6-13-02.)
 
25    (105 ILCS 5/1F-20)

 

 

10000SB0001sam003- 137 -LRB100 06371 NHT 24718 a

1(This Section scheduled to be repealed in accordance with 105
2ILCS 5/1F-165)
3    Sec. 1F-20. Members of Authority; meetings.
4    (a) Upon establishment of a School Finance Authority under
5Section 1F-15 of this Code, the State Superintendent shall
6within 15 days thereafter appoint 5 members to serve on a
7School Finance Authority for the district. Of the initial
8members, 2 shall be appointed to serve a term of 2 years and 3
9shall be appointed to serve a term of 3 years. Thereafter, each
10member shall serve for a term of 3 years and until his or her
11successor has been appointed. The State Superintendent shall
12designate one of the members of the Authority to serve as its
13Chairperson. In the event of vacancy or resignation, the State
14Superintendent shall, within 10 days after receiving notice,
15appoint a successor to serve out that member's term. The State
16Superintendent may remove a member for incompetence,
17malfeasance, neglect of duty, or other just cause.
18    Members of the Authority shall be selected primarily on the
19basis of their experience and education in financial
20management, with consideration given to persons knowledgeable
21in education finance. Two members of the Authority shall be
22residents of the school district that the Authority serves. A
23member of the Authority may not be a member of the district's
24school board or an employee of the district nor may a member
25have a direct financial interest in the district.
26    Authority members shall be paid a stipend approved by the

 

 

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1State Superintendent of not more than $100 per meeting and may
2be reimbursed by the State Board for travel and other necessary
3expenses incurred in the performance of their official duties.
4Unless paid from bonds issued under Section 1F-65 of this Code,
5the amount reimbursed members for their expenses shall be
6charged to the school district as part of any emergency
7financial assistance and incorporated as a part of the terms
8and conditions for repayment of the assistance or shall be
9deducted from the district's general State aid or
10evidence-based funding as provided in Section 1B-8 of this
11Code.
12    The Authority may elect such officers as it deems
13appropriate.
14    (b) The first meeting of the Authority shall be held at the
15call of the Chairperson. The Authority shall prescribe the
16times and places for its meetings and the manner in which
17regular and special meetings may be called and shall comply
18with the Open Meetings Act.
19    Three members of the Authority shall constitute a quorum.
20When a vote is taken upon any measure before the Authority, a
21quorum being present, a majority of the votes of the members
22voting on the measure shall determine the outcome.
23(Source: P.A. 94-234, eff. 7-1-06.)
 
24    (105 ILCS 5/1F-62)
25(This Section scheduled to be repealed in accordance with 105

 

 

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1ILCS 5/1F-165)
2    Sec. 1F-62. School District Emergency Financial Assistance
3Fund; grants and loans.
4    (a) Moneys in the School District Emergency Financial
5Assistance Fund established under Section 1B-8 of this Code may
6be allocated and expended by the State Board as grants to
7provide technical and consulting services to school districts
8to assess their financial condition and by the Illinois Finance
9Authority for emergency financial assistance loans to a School
10Finance Authority that petitions for emergency financial
11assistance. An emergency financial assistance loan to a School
12Finance Authority or borrowing from sources other than the
13State shall not be considered as part of the calculation of a
14district's debt for purposes of the limitation specified in
15Section 19-1 of this Code. From the amount allocated to each
16School Finance Authority, the State Board shall identify a sum
17sufficient to cover all approved costs of the School Finance
18Authority. If the State Board and State Superintendent have not
19approved emergency financial assistance in conjunction with
20the appointment of a School Finance Authority, the Authority's
21approved costs shall be paid from deductions from the
22district's general State aid or evidence-based funding.
23    The School Finance Authority may prepare and file with the
24State Superintendent a proposal for emergency financial
25assistance for the school district and for its operations
26budget. No expenditures shall be authorized by the State

 

 

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1Superintendent until he or she has approved the proposal of the
2School Finance Authority, either as submitted or in such lesser
3amount determined by the State Superintendent.
4    (b) The amount of an emergency financial assistance loan
5that may be allocated to a School Finance Authority under this
6Article, including moneys necessary for the operations of the
7School Finance Authority, and borrowing from sources other than
8the State shall not exceed, in the aggregate, $4,000 times the
9number of pupils enrolled in the district during the school
10year ending June 30 prior to the date of approval by the State
11Board of the petition for emergency financial assistance, as
12certified to the school board and the School Finance Authority
13by the State Superintendent. However, this limitation does not
14apply to borrowing by the district secured by amounts levied by
15the district prior to establishment of the School Finance
16Authority. An emergency financial assistance grant shall not
17exceed $1,000 times the number of such pupils. A district may
18receive both a loan and a grant.
19    (c) The payment of a State emergency financial assistance
20grant or loan shall be subject to appropriation by the General
21Assembly. State emergency financial assistance allocated and
22paid to a School Finance Authority under this Article may be
23applied to any fund or funds from which the School Finance
24Authority is authorized to make expenditures by law.
25    (d) Any State emergency financial assistance proposed by
26the School Finance Authority and approved by the State

 

 

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1Superintendent may be paid in its entirety during the initial
2year of the School Finance Authority's existence or spread in
3equal or declining amounts over a period of years not to exceed
4the period of the School Finance Authority's existence. The
5State Superintendent shall not approve any loan to the School
6Finance Authority unless the School Finance Authority has been
7unable to borrow sufficient funds to operate the district.
8    All loan payments made from the School District Emergency
9Financial Assistance Fund to a School Finance Authority shall
10be required to be repaid not later than the date the School
11Finance Authority ceases to exist, with simple interest over
12the term of the loan at a rate equal to 50% of the one-year
13Constant Maturity Treasury (CMT) yield as last published by the
14Board of Governors of the Federal Reserve System before the
15date on which the School Finance Authority's loan is approved
16by the State Board.
17    The School Finance Authority shall establish and the
18Illinois Finance Authority shall approve the terms and
19conditions of the loan, including the schedule of repayments.
20The schedule shall provide for repayments commencing July 1 of
21each year or upon each fiscal year's receipt of moneys from a
22tax levy for emergency financial assistance. Repayment shall be
23incorporated into the annual budget of the district and may be
24made from any fund or funds of the district in which there are
25moneys available. Default on repayment is subject to the
26Illinois Grant Funds Recovery Act. When moneys are repaid as

 

 

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1provided in this Section, they shall not be made available to
2the School Finance Authority for further use as emergency
3financial assistance under this Article at any time thereafter.
4All repayments required to be made by a School Finance
5Authority shall be received by the State Board and deposited in
6the School District Emergency Financial Assistance Fund.
7    In establishing the terms and conditions for the repayment
8obligation of the School Finance Authority, the School Finance
9Authority shall annually determine whether a separate local
10property tax levy is required to meet that obligation. The
11School Finance Authority shall provide for a separate tax levy
12for emergency financial assistance repayment purposes. This
13tax levy shall not be subject to referendum approval. The
14amount of the levy shall not exceed the amount necessary to
15meet the annual emergency financial repayment obligations of
16the district, including principal and interest, as established
17by the School Finance Authority.
18(Source: P.A. 94-234, eff. 7-1-06.)
 
19    (105 ILCS 5/1H-20)
20    Sec. 1H-20. Members of Panel; meetings.
21    (a) Upon establishment of a Financial Oversight Panel under
22Section 1H-15 of this Code, the State Superintendent shall
23within 15 working days thereafter appoint 5 members to serve on
24a Financial Oversight Panel for the district. Members appointed
25to the Panel shall serve at the pleasure of the State

 

 

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1Superintendent. The State Superintendent shall designate one
2of the members of the Panel to serve as its Chairperson. In the
3event of vacancy or resignation, the State Superintendent
4shall, within 10 days after receiving notice, appoint a
5successor to serve out that member's term.
6    (b) Members of the Panel shall be selected primarily on the
7basis of their experience and education in financial
8management, with consideration given to persons knowledgeable
9in education finance. Two members of the Panel shall be
10residents of the school district that the Panel serves. A
11member of the Panel may not be a member of the district's
12school board or an employee of the district nor may a member
13have a direct financial interest in the district.
14    (c) Panel members may be reimbursed by the State Board for
15travel and other necessary expenses incurred in the performance
16of their official duties. The amount reimbursed members for
17their expenses shall be charged to the school district as part
18of any emergency financial assistance and incorporated as a
19part of the terms and conditions for repayment of the
20assistance or shall be deducted from the district's general
21State aid or evidence-based funding as provided in Section
221H-65 of this Code.
23    (d) With the exception of the chairperson, who shall be
24designated as provided in subsection (a) of this Section, the
25Panel may elect such officers as it deems appropriate.
26    (e) The first meeting of the Panel shall be held at the

 

 

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1call of the Chairperson. The Panel shall prescribe the times
2and places for its meetings and the manner in which regular and
3special meetings may be called and shall comply with the Open
4Meetings Act. The Panel shall also comply with the Freedom of
5Information Act.
6    (f) Three members of the Panel shall constitute a quorum. A
7majority of members present is required to pass a measure.
8(Source: P.A. 97-429, eff. 8-16-11.)
 
9    (105 ILCS 5/1H-70)
10    Sec. 1H-70. Tax anticipation warrants, tax anticipation
11notes, revenue anticipation certificates or notes, general
12State aid or evidence-based funding anticipation certificates,
13and lines of credit. With the approval of the State
14Superintendent and provided that the district is unable to
15secure short-term financing after 3 attempts, a Panel shall
16have the same power as a district to do the following:
17        (1) issue tax anticipation warrants under the
18    provisions of Section 17-16 of this Code against taxes
19    levied by either the school board or the Panel pursuant to
20    Section 1H-25 of this Code;
21        (2) issue tax anticipation notes under the provisions
22    of the Tax Anticipation Note Act against taxes levied by
23    either the school board or the Panel pursuant to Section
24    1H-25 of this Code;
25        (3) issue revenue anticipation certificates or notes

 

 

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1    under the provisions of the Revenue Anticipation Act;
2        (4) issue general State aid or evidence-based funding
3    anticipation certificates under the provisions of Section
4    18-18 of this Code; and
5        (5) establish and utilize lines of credit under the
6    provisions of Section 17-17 of this Code.
7    Tax anticipation warrants, tax anticipation notes, revenue
8anticipation certificates or notes, general State aid or
9evidence-based funding anticipation certificates, and lines of
10credit are considered borrowing from sources other than the
11State and are subject to Section 1H-65 of this Code.
12(Source: P.A. 97-429, eff. 8-16-11.)
 
13    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)
14    Sec. 2-3.33. Recomputation of claims. To recompute within
153 years from the final date for filing of a claim any claim for
16general State aid reimbursement to any school district and one
17year from the final date for filing of a claim for
18evidence-based funding if the claim has been found to be
19incorrect and to adjust subsequent claims accordingly, and to
20recompute and adjust any such claims within 6 years from the
21final date for filing when there has been an adverse court or
22administrative agency decision on the merits affecting the tax
23revenues of the school district. However, no such adjustment
24shall be made regarding equalized assessed valuation unless the
25district's equalized assessed valuation is changed by greater

 

 

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1than $250,000 or 2%. Any adjustments for claims recomputed for
2the 2016-2017 school year and prior school years shall be
3applied to the apportionment of evidence-based funding in
4Section 18-8.15 of this Code beginning in the 2017-2018 school
5year and thereafter. However, the recomputation of a claim for
6evidence-based funding for a school district shall not require
7the recomputation of claims for all districts, and the State
8Board of Education shall only make recomputations of
9evidence-based funding for those districts where an adjustment
10is required.
11    Except in the case of an adverse court or administrative
12agency decision, no recomputation of a State aid claim shall be
13made pursuant to this Section as a result of a reduction in the
14assessed valuation of a school district from the assessed
15valuation of the district reported to the State Board of
16Education by the Department of Revenue under Section 18-8.05 or
1718-8.15 of this Code unless the requirements of Section 16-15
18of the Property Tax Code and Section 2-3.84 of this Code are
19complied with in all respects.
20    This paragraph applies to all requests for recomputation of
21a general State aid or evidence-based funding claim received
22after June 30, 2003. In recomputing a general State aid or
23evidence-based funding claim that was originally calculated
24using an extension limitation equalized assessed valuation
25under paragraph (3) of subsection (G) of Section 18-8.05 of
26this Code or Section 18-8.15 of this Code, a qualifying

 

 

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1reduction in equalized assessed valuation shall be deducted
2from the extension limitation equalized assessed valuation
3that was used in calculating the original claim.
4    From the total amount of general State aid or
5evidence-based funding to be provided to districts,
6adjustments as a result of recomputation under this Section
7together with adjustments under Section 2-3.84 must not exceed
8$25 million, in the aggregate for all districts under both
9Sections combined, of the general State aid or evidence-based
10funding appropriation in any fiscal year; if necessary, amounts
11shall be prorated among districts. If it is necessary to
12prorate claims under this paragraph, then that portion of each
13prorated claim that is approved but not paid in the current
14fiscal year may be resubmitted as a valid claim in the
15following fiscal year.
16(Source: P.A. 93-845, eff. 7-30-04.)
 
17    (105 ILCS 5/2-3.51.5)
18    Sec. 2-3.51.5. School Safety and Educational Improvement
19Block Grant Program. To improve the level of education and
20safety of students from kindergarten through grade 12 in school
21districts and State-recognized, non-public schools. The State
22Board of Education is authorized to fund a School Safety and
23Educational Improvement Block Grant Program.
24    (1) For school districts, the program shall provide funding
25for school safety, textbooks and software, electronic

 

 

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1textbooks and the technological equipment necessary to gain
2access to and use electronic textbooks, teacher training and
3curriculum development, school improvements, school report
4cards under Section 10-17a, and criminal history records checks
5under Sections 10-21.9 and 34-18.5. For State-recognized,
6non-public schools, the program shall provide funding for
7secular textbooks and software, criminal history records
8checks, and health and safety mandates to the extent that the
9funds are expended for purely secular purposes. A school
10district or laboratory school as defined in Section 18-8, or
1118-8.05, or 18-8.15 is not required to file an application in
12order to receive the categorical funding to which it is
13entitled under this Section. Funds for the School Safety and
14Educational Improvement Block Grant Program shall be
15distributed to school districts and laboratory schools based on
16the prior year's best 3 months average daily attendance. Funds
17for the School Safety and Educational Improvement Block Grant
18Program shall be distributed to State-recognized, non-public
19schools based on the average daily attendance figure for the
20previous school year provided to the State Board of Education.
21The State Board of Education shall develop an application that
22requires State-recognized, non-public schools to submit
23average daily attendance figures. A State-recognized,
24non-public school must submit the application and average daily
25attendance figure prior to receiving funds under this Section.
26The State Board of Education shall promulgate rules and

 

 

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1regulations necessary for the implementation of this program.
2    (2) Distribution of moneys to school districts and
3State-recognized, non-public schools shall be made in 2
4semi-annual installments, one payment on or before October 30,
5and one payment prior to April 30, of each fiscal year.
6    (3) Grants under the School Safety and Educational
7Improvement Block Grant Program shall be awarded provided there
8is an appropriation for the program, and funding levels for
9each district shall be prorated according to the amount of the
10appropriation.
11    (4) The provisions of this Section are in the public
12interest, are for the public benefit, and serve secular public
13purposes.
14(Source: P.A. 98-972, eff. 8-15-14.)
 
15    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
16    Sec. 2-3.66. Truants' alternative and optional education
17programs. To establish projects to offer modified
18instructional programs or other services designed to prevent
19students from dropping out of school, including programs
20pursuant to Section 2-3.41, and to serve as a part time or full
21time option in lieu of regular school attendance and to award
22grants to local school districts, educational service regions
23or community college districts from appropriated funds to
24assist districts in establishing such projects. The education
25agency may operate its own program or enter into a contract

 

 

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1with another not-for-profit entity to implement the program.
2The projects shall allow dropouts, up to and including age 21,
3potential dropouts, including truants, uninvolved, unmotivated
4and disaffected students, as defined by State Board of
5Education rules and regulations, to enroll, as an alternative
6to regular school attendance, in an optional education program
7which may be established by school board policy and is in
8conformance with rules adopted by the State Board of Education.
9Truants' Alternative and Optional Education programs funded
10pursuant to this Section shall be planned by a student, the
11student's parents or legal guardians, unless the student is 18
12years or older, and school officials and shall culminate in an
13individualized optional education plan. Such plan shall focus
14on academic or vocational skills, or both, and may include, but
15not be limited to, evening school, summer school, community
16college courses, adult education, preparation courses for high
17school equivalency testing, vocational training, work
18experience, programs to enhance self concept and parenting
19courses. School districts which are awarded grants pursuant to
20this Section shall be authorized to provide day care services
21to children of students who are eligible and desire to enroll
22in programs established and funded under this Section, but only
23if and to the extent that such day care is necessary to enable
24those eligible students to attend and participate in the
25programs and courses which are conducted pursuant to this
26Section. School districts and regional offices of education may

 

 

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1claim general State aid under Section 18-8.05 or evidence-based
2funding under Section 18-8.15 for students enrolled in truants'
3alternative and optional education programs, provided that
4such students are receiving services that are supplemental to a
5program leading to a high school diploma and are otherwise
6eligible to be claimed for general State aid under Section
718-8.05 or evidence-based funding under Section 18-8.15, as
8applicable.
9(Source: P.A. 98-718, eff. 1-1-15.)
 
10    (105 ILCS 5/2-3.66b)
11    Sec. 2-3.66b. IHOPE Program.
12    (a) There is established the Illinois Hope and Opportunity
13Pathways through Education (IHOPE) Program. The State Board of
14Education shall implement and administer the IHOPE Program. The
15goal of the IHOPE Program is to develop a comprehensive system
16in this State to re-enroll significant numbers of high school
17dropouts in programs that will enable them to earn their high
18school diploma.
19    (b) The IHOPE Program shall award grants, subject to
20appropriation for this purpose, to educational service regions
21and a school district organized under Article 34 of this Code
22from appropriated funds to assist in establishing
23instructional programs and other services designed to
24re-enroll high school dropouts. From any funds appropriated for
25the IHOPE Program, the State Board of Education may use up to

 

 

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15% for administrative costs, including the performance of a
2program evaluation and the hiring of staff to implement and
3administer the program.
4    The IHOPE Program shall provide incentive grant funds for
5regional offices of education and a school district organized
6under Article 34 of this Code to develop partnerships with
7school districts, public community colleges, and community
8groups to build comprehensive plans to re-enroll high school
9dropouts in their regions or districts.
10    Programs funded through the IHOPE Program shall allow high
11school dropouts, up to and including age 21 notwithstanding
12Section 26-2 of this Code, to re-enroll in an educational
13program in conformance with rules adopted by the State Board of
14Education. Programs may include without limitation
15comprehensive year-round programming, evening school, summer
16school, community college courses, adult education, vocational
17training, work experience, programs to enhance self-concept,
18and parenting courses. Any student in the IHOPE Program who
19wishes to earn a high school diploma must meet the
20prerequisites to receiving a high school diploma specified in
21Section 27-22 of this Code and any other graduation
22requirements of the student's district of residence. Any
23student who successfully completes the requirements for his or
24her graduation shall receive a diploma identifying the student
25as graduating from his or her district of residence.
26    (c) In order to be eligible for funding under the IHOPE

 

 

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1Program, an interested regional office of education or a school
2district organized under Article 34 of this Code shall develop
3an IHOPE Plan to be approved by the State Board of Education.
4The State Board of Education shall develop rules for the IHOPE
5Program that shall set forth the requirements for the
6development of the IHOPE Plan. Each Plan shall involve school
7districts, public community colleges, and key community
8programs that work with high school dropouts located in an
9educational service region or the City of Chicago before the
10Plan is sent to the State Board for approval. No funds may be
11distributed to a regional office of education or a school
12district organized under Article 34 of this Code until the
13State Board has approved the Plan.
14    (d) A regional office of education or a school district
15organized under Article 34 of this Code may operate its own
16program funded by the IHOPE Program or enter into a contract
17with other not-for-profit entities, including school
18districts, public community colleges, and not-for-profit
19community-based organizations, to operate a program.
20    A regional office of education or a school district
21organized under Article 34 of this Code that receives an IHOPE
22grant from the State Board of Education may provide funds under
23a sub-grant, as specified in the IHOPE Plan, to other
24not-for-profit entities to provide services according to the
25IHOPE Plan that was developed. These other entities may include
26school districts, public community colleges, or not-for-profit

 

 

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1community-based organizations or a cooperative partnership
2among these entities.
3    (e) In order to distribute funding based upon the need to
4ensure delivery of programs that will have the greatest impact,
5IHOPE Program funding must be distributed based upon the
6proportion of dropouts in the educational service region or
7school district, in the case of a school district organized
8under Article 34 of this Code, to the total number of dropouts
9in this State. This formula shall employ the dropout data
10provided by school districts to the State Board of Education.
11    A regional office of education or a school district
12organized under Article 34 of this Code may claim State aid
13under Section 18-8.05 or 18-8.15 of this Code for students
14enrolled in a program funded by the IHOPE Program, provided
15that the State Board of Education has approved the IHOPE Plan
16and that these students are receiving services that are meeting
17the requirements of Section 27-22 of this Code for receipt of a
18high school diploma and are otherwise eligible to be claimed
19for general State aid under Section 18-8.05 of this Code or
20evidence-based funding under Section 18-8.15 of this Code,
21including provisions related to the minimum number of days of
22pupil attendance pursuant to Section 10-19 of this Code and the
23minimum number of daily hours of school work and any exceptions
24thereto as defined by the State Board of Education in rules.
25    (f) IHOPE categories of programming may include the
26following:

 

 

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1        (1) Full-time programs that are comprehensive,
2    year-round programs.
3        (2) Part-time programs combining work and study
4    scheduled at various times that are flexible to the needs
5    of students.
6        (3) Online programs and courses in which students take
7    courses and complete on-site, supervised tests that
8    measure the student's mastery of a specific course needed
9    for graduation. Students may take courses online and earn
10    credit or students may prepare to take supervised tests for
11    specific courses for credit leading to receipt of a high
12    school diploma.
13        (4) Dual enrollment in which students attend high
14    school classes in combination with community college
15    classes or students attend community college classes while
16    simultaneously earning high school credit and eventually a
17    high school diploma.
18    (g) In order to have successful comprehensive programs
19re-enrolling and graduating low-skilled high school dropouts,
20programs funded through the IHOPE Program shall include all of
21the following components:
22        (1) Small programs (70 to 100 students) at a separate
23    school site with a distinct identity. Programs may be
24    larger with specific need and justification, keeping in
25    mind that it is crucial to keep programs small to be
26    effective.

 

 

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1        (2) Specific performance-based goals and outcomes and
2    measures of enrollment, attendance, skills, credits,
3    graduation, and the transition to college, training, and
4    employment.
5        (3) Strong, experienced leadership and teaching staff
6    who are provided with ongoing professional development.
7        (4) Voluntary enrollment.
8        (5) High standards for student learning, integrating
9    work experience, and education, including during the
10    school year and after school, and summer school programs
11    that link internships, work, and learning.
12        (6) Comprehensive programs providing extensive support
13    services.
14        (7) Small teams of students supported by full-time paid
15    mentors who work to retain and help those students
16    graduate.
17        (8) A comprehensive technology learning center with
18    Internet access and broad-based curriculum focusing on
19    academic and career subject areas.
20        (9) Learning opportunities that incorporate action
21    into study.
22    (h) Programs funded through the IHOPE Program must report
23data to the State Board of Education as requested. This
24information shall include, but is not limited to, student
25enrollment figures, attendance information, course completion
26data, graduation information, and post-graduation information,

 

 

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1as available.
2    (i) Rules must be developed by the State Board of Education
3to set forth the fund distribution process to regional offices
4of education and a school district organized under Article 34
5of this Code, the planning and the conditions upon which an
6IHOPE Plan would be approved by State Board, and other rules to
7develop the IHOPE Program.
8(Source: P.A. 96-106, eff. 7-30-09.)
 
9    (105 ILCS 5/2-3.84)  (from Ch. 122, par. 2-3.84)
10    Sec. 2-3.84. In calculating the amount of State aid to be
11apportioned to the various school districts in this State, the
12State Board of Education shall incorporate and deduct the total
13aggregate adjustments to assessments made by the State Property
14Tax Appeal Board or Cook County Board of Appeals, as reported
15pursuant to Section 16-15 of the Property Tax Code or Section
16129.1 of the Revenue Act of 1939 by the Department of Revenue,
17from the equalized assessed valuation that is otherwise to be
18utilized in the initial calculation.
19    From the total amount of general State aid or
20evidence-based funding to be provided to districts,
21adjustments under this Section together with adjustments as a
22result of recomputation under Section 2-3.33 must not exceed
23$25 million, in the aggregate for all districts under both
24Sections combined, of the general State aid or evidence-based
25funding appropriation in any fiscal year; if necessary, amounts

 

 

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1shall be prorated among districts. If it is necessary to
2prorate claims under this paragraph, then that portion of each
3prorated claim that is approved but not paid in the current
4fiscal year may be resubmitted as a valid claim in the
5following fiscal year.
6(Source: P.A. 93-845, eff. 7-30-04.)
 
7    (105 ILCS 5/2-3.109a)
8    Sec. 2-3.109a. Laboratory schools grant eligibility. A
9laboratory school as defined in Section 18-8 or 18-8.15 may
10apply for and be eligible to receive, subject to the same
11restrictions applicable to school districts, any grant
12administered by the State Board of Education that is available
13for school districts.
14(Source: P.A. 90-566, eff. 1-2-98.)
 
15    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)
16    Sec. 3-14.21. Inspection of schools.
17    (a) The regional superintendent shall inspect and survey
18all public schools under his or her supervision and notify the
19board of education, or the trustees of schools in a district
20with trustees, in writing before July 30, whether or not the
21several schools in their district have been kept as required by
22law, using forms provided by the State Board of Education which
23are based on the Health/Life Safety Code for Public Schools
24adopted under Section 2-3.12. The regional superintendent

 

 

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1shall report his or her findings to the State Board of
2Education on forms provided by the State Board of Education.
3    (b) If the regional superintendent determines that a school
4board has failed in a timely manner to correct urgent items
5identified in a previous life-safety report completed under
6Section 2-3.12 or as otherwise previously ordered by the
7regional superintendent, the regional superintendent shall
8order the school board to adopt and submit to the regional
9superintendent a plan for the immediate correction of the
10building violations. This plan shall be adopted following a
11public hearing that is conducted by the school board on the
12violations and the plan and that is preceded by at least 7
13days' prior notice of the hearing published in a newspaper of
14general circulation within the school district. If the regional
15superintendent determines in the next annual inspection that
16the plan has not been completed and that the violations have
17not been corrected, the regional superintendent shall submit a
18report to the State Board of Education with a recommendation
19that the State Board withhold from payments of general State
20aid or evidence-based funding due to the district an amount
21necessary to correct the outstanding violations. The State
22Board, upon notice to the school board and to the regional
23superintendent, shall consider the report at a meeting of the
24State Board, and may order that a sufficient amount of general
25State aid or evidence-based funding be withheld from payments
26due to the district to correct the violations. This amount

 

 

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1shall be paid to the regional superintendent who shall contract
2on behalf of the school board for the correction of the
3outstanding violations.
4    (c) The Office of the State Fire Marshal or a qualified
5fire official, as defined in Section 2-3.12 of this Code, to
6whom the State Fire Marshal has delegated his or her authority
7shall conduct an annual fire safety inspection of each school
8building in this State. The State Fire Marshal or the fire
9official shall coordinate its inspections with the regional
10superintendent. The inspection shall be based on the fire
11safety code authorized in Section 2-3.12 of this Code. Any
12violations shall be reported in writing to the regional
13superintendent and shall reference the specific code sections
14where a discrepancy has been identified within 15 days after
15the inspection has been conducted. The regional superintendent
16shall address those violations that are not corrected in a
17timely manner pursuant to subsection (b) of this Section. The
18inspection must be at no cost to the school district.
19    (d) If a municipality or, in the case of an unincorporated
20area, a county or, if applicable, a fire protection district
21wishes to perform new construction inspections under the
22jurisdiction of a regional superintendent, then the entity must
23register this wish with the regional superintendent. These
24inspections must be based on the building code authorized in
25Section 2-3.12 of this Code. The inspections must be at no cost
26to the school district.

 

 

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1(Source: P.A. 96-734, eff. 8-25-09.)
 
2    (105 ILCS 5/7-14A)  (from Ch. 122, par. 7-14A)
3    Sec. 7-14A. Annexation compensation. There shall be no
4accounting made after a mere change in boundaries when no new
5district is created, except that those districts whose
6enrollment increases by 90% or more as a result of annexing
7territory detached from another district pursuant to this
8Article are eligible for supplementary State aid payments in
9accordance with Section 11E-135 of this Code. Eligible annexing
10districts shall apply to the State Board of Education for
11supplementary State aid payments by submitting enrollment
12figures for the year immediately preceding and the year
13immediately following the effective date of the boundary change
14for both the district gaining territory and the district losing
15territory. Copies of any intergovernmental agreements between
16the district gaining territory and the district losing
17territory detailing any transfer of fund balances and staff
18must also be submitted. In all instances of changes in
19boundaries, the district losing territory shall not count the
20average daily attendance of pupils living in the territory
21during the year preceding the effective date of the boundary
22change in its claim for reimbursement under Section 18-8.05 or
2318-8.15 of this Code for the school year following the
24effective date of the change in boundaries and the district
25receiving the territory shall count the average daily

 

 

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1attendance of pupils living in the territory during the year
2preceding the effective date of the boundary change in its
3claim for reimbursement under Section 18-8.05 or 18-8.15 of
4this Code for the school year following the effective date of
5the change in boundaries. The changes to this Section made by
6this amendatory Act of the 95th General Assembly are intended
7to be retroactive and applicable to any annexation taking
8effect on or after July 1, 2004.
9(Source: P.A. 99-657, eff. 7-28-16.)
 
10    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
11    Sec. 10-19. Length of school term - experimental programs.
12Each school board shall annually prepare a calendar for the
13school term, specifying the opening and closing dates and
14providing a minimum term of at least 185 days to insure 176
15days of actual pupil attendance, computable under Section
1618-8.05 or 18-8.15, except that for the 1980-1981 school year
17only 175 days of actual pupil attendance shall be required
18because of the closing of schools pursuant to Section 24-2 on
19January 29, 1981 upon the appointment by the President of that
20day as a day of thanksgiving for the freedom of the Americans
21who had been held hostage in Iran. Any days allowed by law for
22teachers' institutes but not used as such or used as parental
23institutes as provided in Section 10-22.18d shall increase the
24minimum term by the school days not so used. Except as provided
25in Section 10-19.1, the board may not extend the school term

 

 

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1beyond such closing date unless that extension of term is
2necessary to provide the minimum number of computable days. In
3case of such necessary extension school employees shall be paid
4for such additional time on the basis of their regular
5contracts. A school board may specify a closing date earlier
6than that set on the annual calendar when the schools of the
7district have provided the minimum number of computable days
8under this Section. Nothing in this Section prevents the board
9from employing superintendents of schools, principals and
10other nonteaching personnel for a period of 12 months, or in
11the case of superintendents for a period in accordance with
12Section 10-23.8, or prevents the board from employing other
13personnel before or after the regular school term with payment
14of salary proportionate to that received for comparable work
15during the school term.
16    A school board may make such changes in its calendar for
17the school term as may be required by any changes in the legal
18school holidays prescribed in Section 24-2. A school board may
19make changes in its calendar for the school term as may be
20necessary to reflect the utilization of teachers' institute
21days as parental institute days as provided in Section
2210-22.18d.
23    The calendar for the school term and any changes must be
24submitted to and approved by the regional superintendent of
25schools before the calendar or changes may take effect.
26    With the prior approval of the State Board of Education and

 

 

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1subject to review by the State Board of Education every 3
2years, any school board may, by resolution of its board and in
3agreement with affected exclusive collective bargaining
4agents, establish experimental educational programs, including
5but not limited to programs for e-learning days as authorized
6under Section 10-20.56 of this Code, self-directed learning, or
7outside of formal class periods, which programs when so
8approved shall be considered to comply with the requirements of
9this Section as respects numbers of days of actual pupil
10attendance and with the other requirements of this Act as
11respects courses of instruction.
12(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
 
13    (105 ILCS 5/10-22.5a)  (from Ch. 122, par. 10-22.5a)
14    Sec. 10-22.5a. Attendance by dependents of United States
15military personnel, foreign exchange students, and certain
16nonresident pupils.
17    (a) To enter into written agreements with cultural exchange
18organizations, or with nationally recognized eleemosynary
19institutions that promote excellence in the arts, mathematics,
20or science. The written agreements may provide for tuition free
21attendance at the local district school by foreign exchange
22students, or by nonresident pupils of eleemosynary
23institutions. The local board of education, as part of the
24agreement, may require that the cultural exchange program or
25the eleemosynary institutions provide services to the district

 

 

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1in exchange for the waiver of nonresident tuition.
2    To enter into written agreements with adjacent school
3districts to provide for tuition free attendance by a student
4of the adjacent district when requested for the student's
5health and safety by the student or parent and both districts
6determine that the student's health or safety will be served by
7such attendance. Districts shall not be required to enter into
8such agreements nor be required to alter existing
9transportation services due to the attendance of such
10non-resident pupils.
11    (a-5) If, at the time of enrollment, a dependent of United
12States military personnel is housed in temporary housing
13located outside of a school district, but will be living within
14the district within 60 days after the time of initial
15enrollment, the dependent must be allowed to enroll, subject to
16the requirements of this subsection (a-5), and must not be
17charged tuition. Any United States military personnel
18attempting to enroll a dependent under this subsection (a-5)
19shall provide proof that the dependent will be living within
20the district within 60 days after the time of initial
21enrollment. Proof of residency may include, but is not limited
22to, postmarked mail addressed to the military personnel and
23sent to an address located within the district, a lease
24agreement for occupancy of a residence located within the
25district, or proof of ownership of a residence located within
26the district.

 

 

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1    (b) Nonresident pupils and foreign exchange students
2attending school on a tuition free basis under such agreements
3and nonresident dependents of United States military personnel
4attending school on a tuition free basis may be counted for the
5purposes of determining the apportionment of State aid provided
6under Section 18-8.05 or 18-8.15 of this Code. No organization
7or institution participating in agreements authorized under
8this Section may exclude any individual for participation in
9its program on account of the person's race, color, sex,
10religion or nationality.
11(Source: P.A. 98-739, eff. 7-16-14.)
 
12    (105 ILCS 5/10-22.20)  (from Ch. 122, par. 10-22.20)
13    Sec. 10-22.20. Classes for adults and youths whose
14schooling has been interrupted; conditions for State
15reimbursement; use of child care facilities.
16    (a) To establish special classes for the instruction (1) of
17persons of age 21 years or over and (2) of persons less than
18age 21 and not otherwise in attendance in public school, for
19the purpose of providing adults in the community and youths
20whose schooling has been interrupted with such additional basic
21education, vocational skill training, and other instruction as
22may be necessary to increase their qualifications for
23employment or other means of self-support and their ability to
24meet their responsibilities as citizens, including courses of
25instruction regularly accepted for graduation from elementary

 

 

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1or high schools and for Americanization and high school
2equivalency testing review classes.
3    The board shall pay the necessary expenses of such classes
4out of school funds of the district, including costs of student
5transportation and such facilities or provision for child-care
6as may be necessary in the judgment of the board to permit
7maximum utilization of the courses by students with children,
8and other special needs of the students directly related to
9such instruction. The expenses thus incurred shall be subject
10to State reimbursement, as provided in this Section. The board
11may make a tuition charge for persons taking instruction who
12are not subject to State reimbursement, such tuition charge not
13to exceed the per capita cost of such classes.
14    The cost of such instruction, including the additional
15expenses herein authorized, incurred for recipients of
16financial aid under the Illinois Public Aid Code, or for
17persons for whom education and training aid has been authorized
18under Section 9-8 of that Code, shall be assumed in its
19entirety from funds appropriated by the State to the Illinois
20Community College Board.
21    (b) The Illinois Community College Board shall establish
22the standards for the courses of instruction reimbursed under
23this Section. The Illinois Community College Board shall
24supervise the administration of the programs. The Illinois
25Community College Board shall determine the cost of instruction
26in accordance with standards established by the Illinois

 

 

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1Community College Board, including therein other incidental
2costs as herein authorized, which shall serve as the basis of
3State reimbursement in accordance with the provisions of this
4Section. In the approval of programs and the determination of
5the cost of instruction, the Illinois Community College Board
6shall provide for the maximum utilization of federal funds for
7such programs. The Illinois Community College Board shall also
8provide for:
9        (1) the development of an index of need for program
10    planning and for area funding allocations, as defined by
11    the Illinois Community College Board;
12        (2) the method for calculating hours of instruction, as
13    defined by the Illinois Community College Board, claimable
14    for reimbursement and a method to phase in the calculation
15    and for adjusting the calculations in cases where the
16    services of a program are interrupted due to circumstances
17    beyond the control of the program provider;
18        (3) a plan for the reallocation of funds to increase
19    the amount allocated for grants based upon program
20    performance as set forth in subsection (d) below; and
21        (4) the development of standards for determining
22    grants based upon performance as set forth in subsection
23    (d) below and a plan for the phased-in implementation of
24    those standards.
25    For instruction provided by school districts and community
26college districts beginning July 1, 1996 and thereafter,

 

 

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1reimbursement provided by the Illinois Community College Board
2for classes authorized by this Section shall be provided from
3funds appropriated for the reimbursement criteria set forth in
4subsection (c) below.
5    (c) Upon the annual approval of the Illinois Community
6College Board, reimbursement shall be first provided for
7transportation, child care services, and other special needs of
8the students directly related to instruction and then from the
9funds remaining an amount equal to the product of the total
10credit hours or units of instruction approved by the Illinois
11Community College Board, multiplied by the following:
12        (1) For adult basic education, the maximum
13    reimbursement per credit hour or per unit of instruction
14    shall be equal to (i) through fiscal year 2017, the general
15    state aid per pupil foundation level established in
16    subsection (B) of Section 18-8.05, divided by 60, or (ii)
17    in fiscal year 2018 and thereafter, the prior fiscal year
18    reimbursement level multiplied by the Consumer Price Index
19    for All Urban Consumers for all items published by the
20    United States Department of Labor;
21        (2) The maximum reimbursement per credit hour or per
22    unit of instruction in subparagraph (1) above shall be
23    weighted for students enrolled in classes defined as
24    vocational skills and approved by the Illinois Community
25    College Board by 1.25;
26        (3) The maximum reimbursement per credit hour or per

 

 

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1    unit of instruction in subparagraph (1) above shall be
2    multiplied by .90 for students enrolled in classes defined
3    as adult secondary education programs and approved by the
4    Illinois Community College Board;
5        (4) (Blank); and
6        (5) Funding for program years after 1999-2000 shall be
7    determined by the Illinois Community College Board.
8    (d) Upon its annual approval, the Illinois Community
9College Board shall provide grants to eligible programs for
10supplemental activities to improve or expand services under the
11Adult Education Act. Eligible programs shall be determined
12based upon performance outcomes of students in the programs as
13set by the Illinois Community College Board.
14    (e) Reimbursement under this Section shall not exceed the
15actual costs of the approved program.
16    If the amount appropriated to the Illinois Community
17College Board for reimbursement under this Section is less than
18the amount required under this Act, the apportionment shall be
19proportionately reduced.
20    School districts and community college districts may
21assess students up to $3.00 per credit hour, for classes other
22than Adult Basic Education level programs, if needed to meet
23program costs.
24    (f) An education plan shall be established for each adult
25or youth whose schooling has been interrupted and who is
26participating in the instructional programs provided under

 

 

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1this Section.
2    Each school board and community college shall keep an
3accurate and detailed account of the students assigned to and
4receiving instruction under this Section who are subject to
5State reimbursement and shall submit reports of services
6provided commencing with fiscal year 1997 as required by the
7Illinois Community College Board.
8    For classes authorized under this Section, a credit hour or
9unit of instruction is equal to 15 hours of direct instruction
10for students enrolled in approved adult education programs at
11midterm and making satisfactory progress, in accordance with
12standards established by the Illinois Community College Board.
13    (g) Upon proof submitted to the Illinois Department of
14Human Services of the payment of all claims submitted under
15this Section, that Department shall apply for federal funds
16made available therefor and any federal funds so received shall
17be paid into the General Revenue Fund in the State Treasury.
18    School districts or community colleges providing classes
19under this Section shall submit applications to the Illinois
20Community College Board for preapproval in accordance with the
21standards established by the Illinois Community College Board.
22Payments shall be made by the Illinois Community College Board
23based upon approved programs. Interim expenditure reports may
24be required by the Illinois Community College Board. Final
25claims for the school year shall be submitted to the regional
26superintendents for transmittal to the Illinois Community

 

 

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1College Board. Final adjusted payments shall be made by
2September 30.
3    If a school district or community college district fails to
4provide, or is providing unsatisfactory or insufficient
5classes under this Section, the Illinois Community College
6Board may enter into agreements with public or private
7educational or other agencies other than the public schools for
8the establishment of such classes.
9    (h) If a school district or community college district
10establishes child-care facilities for the children of
11participants in classes established under this Section, it may
12extend the use of these facilities to students who have
13obtained employment and to other persons in the community whose
14children require care and supervision while the parent or other
15person in charge of the children is employed or otherwise
16absent from the home during all or part of the day. It may make
17the facilities available before and after as well as during
18regular school hours to school age and preschool age children
19who may benefit thereby, including children who require care
20and supervision pending the return of their parent or other
21person in charge of their care from employment or other
22activity requiring absence from the home.
23    The Illinois Community College Board shall pay to the board
24the cost of care in the facilities for any child who is a
25recipient of financial aid under the Illinois Public Aid Code.
26    The board may charge for care of children for whom it

 

 

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1cannot make claim under the provisions of this Section. The
2charge shall not exceed per capita cost, and to the extent
3feasible, shall be fixed at a level which will permit
4utilization by employed parents of low or moderate income. It
5may also permit any other State or local governmental agency or
6private agency providing care for children to purchase care.
7    After July 1, 1970 when the provisions of Section 10-20.20
8become operative in the district, children in a child-care
9facility shall be transferred to the kindergarten established
10under that Section for such portion of the day as may be
11required for the kindergarten program, and only the prorated
12costs of care and training provided in the Center for the
13remaining period shall be charged to the Illinois Department of
14Human Services or other persons or agencies paying for such
15care.
16    (i) The provisions of this Section shall also apply to
17school districts having a population exceeding 500,000.
18    (j) In addition to claiming reimbursement under this
19Section, a school district may claim general State aid under
20Section 18-8.05 or evidence-based funding under Section
2118-8.15 for any student under age 21 who is enrolled in courses
22accepted for graduation from elementary or high school and who
23otherwise meets the requirements of Section 18-8.05 or 18-8.15,
24as applicable.
25(Source: P.A. 98-718, eff. 1-1-15.)
 

 

 

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1    (105 ILCS 5/10-29)
2    Sec. 10-29. Remote educational programs.
3    (a) For purposes of this Section, "remote educational
4program" means an educational program delivered to students in
5the home or other location outside of a school building that
6meets all of the following criteria:
7        (1) A student may participate in the program only after
8    the school district, pursuant to adopted school board
9    policy, and a person authorized to enroll the student under
10    Section 10-20.12b of this Code determine that a remote
11    educational program will best serve the student's
12    individual learning needs. The adopted school board policy
13    shall include, but not be limited to, all of the following:
14            (A) Criteria for determining that a remote
15        educational program will best serve a student's
16        individual learning needs. The criteria must include
17        consideration of, at a minimum, a student's prior
18        attendance, disciplinary record, and academic history.
19            (B) Any limitations on the number of students or
20        grade levels that may participate in a remote
21        educational program.
22            (C) A description of the process that the school
23        district will use to approve participation in the
24        remote educational program. The process must include
25        without limitation a requirement that, for any student
26        who qualifies to receive services pursuant to the

 

 

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1        federal Individuals with Disabilities Education
2        Improvement Act of 2004, the student's participation
3        in a remote educational program receive prior approval
4        from the student's individualized education program
5        team.
6            (D) A description of the process the school
7        district will use to develop and approve a written
8        remote educational plan that meets the requirements of
9        subdivision (5) of this subsection (a).
10            (E) A description of the system the school district
11        will establish to calculate the number of clock hours a
12        student is participating in instruction in accordance
13        with the remote educational program.
14            (F) A description of the process for renewing a
15        remote educational program at the expiration of its
16        term.
17            (G) Such other terms and provisions as the school
18        district deems necessary to provide for the
19        establishment and delivery of a remote educational
20        program.
21        (2) The school district has determined that the remote
22    educational program's curriculum is aligned to State
23    learning standards and that the program offers instruction
24    and educational experiences consistent with those given to
25    students at the same grade level in the district.
26        (3) The remote educational program is delivered by

 

 

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1    instructors that meet the following qualifications:
2            (A) they are certificated under Article 21 of this
3        Code;
4            (B) they meet applicable highly qualified criteria
5        under the federal No Child Left Behind Act of 2001; and
6            (C) they have responsibility for all of the
7        following elements of the program: planning
8        instruction, diagnosing learning needs, prescribing
9        content delivery through class activities, assessing
10        learning, reporting outcomes to administrators and
11        parents and guardians, and evaluating the effects of
12        instruction.
13        (4) During the period of time from and including the
14    opening date to the closing date of the regular school term
15    of the school district established pursuant to Section
16    10-19 of this Code, participation in a remote educational
17    program may be claimed for general State aid purposes under
18    Section 18-8.05 of this Code or evidence-based funding
19    purposes under Section 18-8.15 of this Code on any calendar
20    day, notwithstanding whether the day is a day of pupil
21    attendance or institute day on the school district's
22    calendar or any other provision of law restricting
23    instruction on that day. If the district holds year-round
24    classes in some buildings, the district shall classify each
25    student's participation in a remote educational program as
26    either on a year-round or a non-year-round schedule for

 

 

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1    purposes of claiming general State aid or evidence-based
2    funding. Outside of the regular school term of the
3    district, the remote educational program may be offered as
4    part of any summer school program authorized by this Code.
5        (5) Each student participating in a remote educational
6    program must have a written remote educational plan that
7    has been approved by the school district and a person
8    authorized to enroll the student under Section 10-20.12b of
9    this Code. The school district and a person authorized to
10    enroll the student under Section 10-20.12b of this Code
11    must approve any amendment to a remote educational plan.
12    The remote educational plan must include, but is not
13    limited to, all of the following:
14            (A) Specific achievement goals for the student
15        aligned to State learning standards.
16            (B) A description of all assessments that will be
17        used to measure student progress, which description
18        shall indicate the assessments that will be
19        administered at an attendance center within the school
20        district.
21            (C) A description of the progress reports that will
22        be provided to the school district and the person or
23        persons authorized to enroll the student under Section
24        10-20.12b of this Code.
25            (D) Expectations, processes, and schedules for
26        interaction between a teacher and student.

 

 

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1            (E) A description of the specific responsibilities
2        of the student's family and the school district with
3        respect to equipment, materials, phone and Internet
4        service, and any other requirements applicable to the
5        home or other location outside of a school building
6        necessary for the delivery of the remote educational
7        program.
8            (F) If applicable, a description of how the remote
9        educational program will be delivered in a manner
10        consistent with the student's individualized education
11        program required by Section 614(d) of the federal
12        Individuals with Disabilities Education Improvement
13        Act of 2004 or plan to ensure compliance with Section
14        504 of the federal Rehabilitation Act of 1973.
15            (G) A description of the procedures and
16        opportunities for participation in academic and
17        extra-curricular activities and programs within the
18        school district.
19            (H) The identification of a parent, guardian, or
20        other responsible adult who will provide direct
21        supervision of the program. The plan must include an
22        acknowledgment by the parent, guardian, or other
23        responsible adult that he or she may engage only in
24        non-teaching duties not requiring instructional
25        judgment or the evaluation of a student. The plan shall
26        designate the parent, guardian, or other responsible

 

 

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1        adult as non-teaching personnel or volunteer personnel
2        under subsection (a) of Section 10-22.34 of this Code.
3            (I) The identification of a school district
4        administrator who will oversee the remote educational
5        program on behalf of the school district and who may be
6        contacted by the student's parents with respect to any
7        issues or concerns with the program.
8            (J) The term of the student's participation in the
9        remote educational program, which may not extend for
10        longer than 12 months, unless the term is renewed by
11        the district in accordance with subdivision (7) of this
12        subsection (a).
13            (K) A description of the specific location or
14        locations in which the program will be delivered. If
15        the remote educational program is to be delivered to a
16        student in any location other than the student's home,
17        the plan must include a written determination by the
18        school district that the location will provide a
19        learning environment appropriate for the delivery of
20        the program. The location or locations in which the
21        program will be delivered shall be deemed a long
22        distance teaching reception area under subsection (a)
23        of Section 10-22.34 of this Code.
24            (L) Certification by the school district that the
25        plan meets all other requirements of this Section.
26        (6) Students participating in a remote educational

 

 

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1    program must be enrolled in a school district attendance
2    center pursuant to the school district's enrollment policy
3    or policies. A student participating in a remote
4    educational program must be tested as part of all
5    assessments administered by the school district pursuant
6    to Section 2-3.64a-5 of this Code at the attendance center
7    in which the student is enrolled and in accordance with the
8    attendance center's assessment policies and schedule. The
9    student must be included within all accountability
10    determinations for the school district and attendance
11    center under State and federal law.
12        (7) The term of a student's participation in a remote
13    educational program may not extend for longer than 12
14    months, unless the term is renewed by the school district.
15    The district may only renew a student's participation in a
16    remote educational program following an evaluation of the
17    student's progress in the program, a determination that the
18    student's continuation in the program will best serve the
19    student's individual learning needs, and an amendment to
20    the student's written remote educational plan addressing
21    any changes for the upcoming term of the program.
22    For purposes of this Section, a remote educational program
23does not include instruction delivered to students through an
24e-learning program approved under Section 10-20.56 of this
25Code.
26    (b) A school district may, by resolution of its school

 

 

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1board, establish a remote educational program.
2    (c) Clock hours of instruction by students in a remote
3educational program meeting the requirements of this Section
4may be claimed by the school district and shall be counted as
5school work for general State aid purposes in accordance with
6and subject to the limitations of Section 18-8.05 of this Code
7or evidence-based funding purposes in accordance with and
8subject to the limitations of Section 18-8.15 of this Code.
9    (d) The impact of remote educational programs on wages,
10hours, and terms and conditions of employment of educational
11employees within the school district shall be subject to local
12collective bargaining agreements.
13    (e) The use of a home or other location outside of a school
14building for a remote educational program shall not cause the
15home or other location to be deemed a public school facility.
16    (f) A remote educational program may be used, but is not
17required, for instruction delivered to a student in the home or
18other location outside of a school building that is not claimed
19for general State aid purposes under Section 18-8.05 of this
20Code or evidence-based funding purposes under Section 18-8.15
21of this Code.
22    (g) School districts that, pursuant to this Section, adopt
23a policy for a remote educational program must submit to the
24State Board of Education a copy of the policy and any
25amendments thereto, as well as data on student participation in
26a format specified by the State Board of Education. The State

 

 

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1Board of Education may perform or contract with an outside
2entity to perform an evaluation of remote educational programs
3in this State.
4    (h) The State Board of Education may adopt any rules
5necessary to ensure compliance by remote educational programs
6with the requirements of this Section and other applicable
7legal requirements.
8(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
999-194, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
10    (105 ILCS 5/11E-135)
11    Sec. 11E-135. Incentives. For districts reorganizing under
12this Article and for a district or districts that annex all of
13the territory of one or more entire other school districts in
14accordance with Article 7 of this Code, the following payments
15shall be made from appropriations made for these purposes:
16    (a)(1) For a combined school district, as defined in
17Section 11E-20 of this Code, or for a unit district, as defined
18in Section 11E-25 of this Code, for its first year of
19existence, the general State aid and supplemental general State
20aid calculated under Section 18-8.05 of this Code or the
21evidence-based funding calculated under Section 18-8.15 of
22this Code, as applicable, shall be computed for the new
23district and for the previously existing districts for which
24property is totally included within the new district. If the
25computation on the basis of the previously existing districts

 

 

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1is greater, a supplementary payment equal to the difference
2shall be made for the first 4 years of existence of the new
3district.
4    (2) For a school district that annexes all of the territory
5of one or more entire other school districts as defined in
6Article 7 of this Code, for the first year during which the
7change of boundaries attributable to the annexation becomes
8effective for all purposes, as determined under Section 7-9 of
9this Code, the general State aid and supplemental general State
10aid calculated under Section 18-8.05 of this Code or the
11evidence-based funding calculated under Section 18-8.15 of
12this Code, as applicable, shall be computed for the annexing
13district as constituted after the annexation and for the
14annexing and each annexed district as constituted prior to the
15annexation; and if the computation on the basis of the annexing
16and annexed districts as constituted prior to the annexation is
17greater, then a supplementary payment equal to the difference
18shall be made for the first 4 years of existence of the
19annexing school district as constituted upon the annexation.
20    (3) For 2 or more school districts that annex all of the
21territory of one or more entire other school districts, as
22defined in Article 7 of this Code, for the first year during
23which the change of boundaries attributable to the annexation
24becomes effective for all purposes, as determined under Section
257-9 of this Code, the general State aid and supplemental
26general State aid calculated under Section 18-8.05 of this Code

 

 

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1or the evidence-based funding calculated under Section 18-8.15
2of this Code, as applicable, shall be computed for each
3annexing district as constituted after the annexation and for
4each annexing and annexed district as constituted prior to the
5annexation; and if the aggregate of the general State aid and
6supplemental general State aid or evidence-based funding, as
7applicable, as so computed for the annexing districts as
8constituted after the annexation is less than the aggregate of
9the general State aid and supplemental general State aid or
10evidence-based funding, as applicable, as so computed for the
11annexing and annexed districts, as constituted prior to the
12annexation, then a supplementary payment equal to the
13difference shall be made and allocated between or among the
14annexing districts, as constituted upon the annexation, for the
15first 4 years of their existence. The total difference payment
16shall be allocated between or among the annexing districts in
17the same ratio as the pupil enrollment from that portion of the
18annexed district or districts that is annexed to each annexing
19district bears to the total pupil enrollment from the entire
20annexed district or districts, as such pupil enrollment is
21determined for the school year last ending prior to the date
22when the change of boundaries attributable to the annexation
23becomes effective for all purposes. The amount of the total
24difference payment and the amount thereof to be allocated to
25the annexing districts shall be computed by the State Board of
26Education on the basis of pupil enrollment and other data that

 

 

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1shall be certified to the State Board of Education, on forms
2that it shall provide for that purpose, by the regional
3superintendent of schools for each educational service region
4in which the annexing and annexed districts are located.
5    (4) For a school district conversion, as defined in Section
611E-15 of this Code, or a multi-unit conversion, as defined in
7subsection (b) of Section 11E-30 of this Code, if in their
8first year of existence the newly created elementary districts
9and the newly created high school district, from a school
10district conversion, or the newly created elementary district
11or districts and newly created combined high school - unit
12district, from a multi-unit conversion, qualify for less
13general State aid under Section 18-8.05 of this Code or
14evidence-based funding under Section 18-8.15 of this Code than
15would have been payable under Section 18-8.05 or 18-8.15, as
16applicable, for that same year to the previously existing
17districts, then a supplementary payment equal to that
18difference shall be made for the first 4 years of existence of
19the newly created districts. The aggregate amount of each
20supplementary payment shall be allocated among the newly
21created districts in the proportion that the deemed pupil
22enrollment in each district during its first year of existence
23bears to the actual aggregate pupil enrollment in all of the
24districts during their first year of existence. For purposes of
25each allocation:
26        (A) the deemed pupil enrollment of the newly created

 

 

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1    high school district from a school district conversion
2    shall be an amount equal to its actual pupil enrollment for
3    its first year of existence multiplied by 1.25;
4        (B) the deemed pupil enrollment of each newly created
5    elementary district from a school district conversion
6    shall be an amount equal to its actual pupil enrollment for
7    its first year of existence reduced by an amount equal to
8    the product obtained when the amount by which the newly
9    created high school district's deemed pupil enrollment
10    exceeds its actual pupil enrollment for its first year of
11    existence is multiplied by a fraction, the numerator of
12    which is the actual pupil enrollment of the newly created
13    elementary district for its first year of existence and the
14    denominator of which is the actual aggregate pupil
15    enrollment of all of the newly created elementary districts
16    for their first year of existence;
17        (C) the deemed high school pupil enrollment of the
18    newly created combined high school - unit district from a
19    multi-unit conversion shall be an amount equal to its
20    actual grades 9 through 12 pupil enrollment for its first
21    year of existence multiplied by 1.25; and
22        (D) the deemed elementary pupil enrollment of each
23    newly created district from a multi-unit conversion shall
24    be an amount equal to each district's actual grade K
25    through 8 pupil enrollment for its first year of existence,
26    reduced by an amount equal to the product obtained when the

 

 

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1    amount by which the newly created combined high school -
2    unit district's deemed high school pupil enrollment
3    exceeds its actual grade 9 through 12 pupil enrollment for
4    its first year of existence is multiplied by a fraction,
5    the numerator of which is the actual grade K through 8
6    pupil enrollment of each newly created district for its
7    first year of existence and the denominator of which is the
8    actual aggregate grade K through 8 pupil enrollment of all
9    such newly created districts for their first year of
10    existence.
11     The aggregate amount of each supplementary payment under
12this subdivision (4) and the amount thereof to be allocated to
13the newly created districts shall be computed by the State
14Board of Education on the basis of pupil enrollment and other
15data, which shall be certified to the State Board of Education,
16on forms that it shall provide for that purpose, by the
17regional superintendent of schools for each educational
18service region in which the newly created districts are
19located.
20    (5) For a partial elementary unit district, as defined in
21subsection (a) or (c) of Section 11E-30 of this Code, if, in
22the first year of existence, the newly created partial
23elementary unit district qualifies for less general State aid
24and supplemental general State aid under Section 18-8.05 of
25this Code or less evidence-based funding under Section 18-8.15
26of this Code, as applicable, than would have been payable under

 

 

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1those Sections that Section for that same year to the
2previously existing districts that formed the partial
3elementary unit district, then a supplementary payment equal to
4that difference shall be made to the partial elementary unit
5district for the first 4 years of existence of that newly
6created district.
7    (6) For an elementary opt-in, as described in subsection
8(d) of Section 11E-30 of this Code, the general State aid or
9evidence-based funding difference shall be computed in
10accordance with paragraph (5) of this subsection (a) as if the
11elementary opt-in was included in an optional elementary unit
12district at the optional elementary unit district's original
13effective date. If the calculation in this paragraph (6) is
14less than that calculated in paragraph (5) of this subsection
15(a) at the optional elementary unit district's original
16effective date, then no adjustments may be made. If the
17calculation in this paragraph (6) is more than that calculated
18in paragraph (5) of this subsection (a) at the optional
19elementary unit district's original effective date, then the
20excess must be paid as follows:
21        (A) If the effective date for the elementary opt-in is
22    one year after the effective date for the optional
23    elementary unit district, 100% of the calculated excess
24    shall be paid to the optional elementary unit district in
25    each of the first 4 years after the effective date of the
26    elementary opt-in.

 

 

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1        (B) If the effective date for the elementary opt-in is
2    2 years after the effective date for the optional
3    elementary unit district, 75% of the calculated excess
4    shall be paid to the optional elementary unit district in
5    each of the first 4 years after the effective date of the
6    elementary opt-in.
7        (C) If the effective date for the elementary opt-in is
8    3 years after the effective date for the optional
9    elementary unit district, 50% of the calculated excess
10    shall be paid to the optional elementary unit district in
11    each of the first 4 years after the effective date of the
12    elementary opt-in.
13        (D) If the effective date for the elementary opt-in is
14    4 years after the effective date for the optional
15    elementary unit district, 25% of the calculated excess
16    shall be paid to the optional elementary unit district in
17    each of the first 4 years after the effective date of the
18    elementary opt-in.
19        (E) If the effective date for the elementary opt-in is
20    5 years after the effective date for the optional
21    elementary unit district, the optional elementary unit
22    district is not eligible for any additional incentives due
23    to the elementary opt-in.
24    (6.5) For a school district that annexes territory detached
25from another school district whereby the enrollment of the
26annexing district increases by 90% or more as a result of the

 

 

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1annexation, for the first year during which the change of
2boundaries attributable to the annexation becomes effective
3for all purposes as determined under Section 7-9 of this Code,
4the general State aid and supplemental general State aid or
5evidence-based funding, as applicable, calculated under this
6Section shall be computed for the district gaining territory
7and the district losing territory as constituted after the
8annexation and for the same districts as constituted prior to
9the annexation; and if the aggregate of the general State aid
10and supplemental general State aid or evidence-based funding,
11as applicable, as so computed for the district gaining
12territory and the district losing territory as constituted
13after the annexation is less than the aggregate of the general
14State aid and supplemental general State aid or evidence-based
15funding, as applicable, as so computed for the district gaining
16territory and the district losing territory as constituted
17prior to the annexation, then a supplementary payment shall be
18made to the annexing district for the first 4 years of
19existence after the annexation, equal to the difference
20multiplied by the ratio of student enrollment in the territory
21detached to the total student enrollment in the district losing
22territory for the year prior to the effective date of the
23annexation. The amount of the total difference and the
24proportion paid to the annexing district shall be computed by
25the State Board of Education on the basis of pupil enrollment
26and other data that must be submitted to the State Board of

 

 

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1Education in accordance with Section 7-14A of this Code. The
2changes to this Section made by Public Act 95-707 are intended
3to be retroactive and applicable to any annexation taking
4effect on or after July 1, 2004. For annexations that are
5eligible for payments under this paragraph (6.5) and that are
6effective on or after July 1, 2004, but before January 11, 2008
7(the effective date of Public Act 95-707), the first required
8yearly payment under this paragraph (6.5) shall be paid in the
9fiscal year of January 11, 2008 (the effective date of Public
10Act 95-707). Subsequent required yearly payments shall be paid
11in subsequent fiscal years until the payment obligation under
12this paragraph (6.5) is complete.
13    (7) Claims for financial assistance under this subsection
14(a) may not be recomputed except as expressly provided under
15Section 18-8.05 or 18-8.15 of this Code.
16    (8) Any supplementary payment made under this subsection
17(a) must be treated as separate from all other payments made
18pursuant to Section 18-8.05 or 18-8.15 of this Code.
19    (b)(1) After the formation of a combined school district,
20as defined in Section 11E-20 of this Code, or a unit district,
21as defined in Section 11E-25 of this Code, a computation shall
22be made to determine the difference between the salaries
23effective in each of the previously existing districts on June
2430, prior to the creation of the new district. For the first 4
25years after the formation of the new district, a supplementary
26State aid reimbursement shall be paid to the new district equal

 

 

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1to the difference between the sum of the salaries earned by
2each of the certificated members of the new district, while
3employed in one of the previously existing districts during the
4year immediately preceding the formation of the new district,
5and the sum of the salaries those certificated members would
6have been paid during the year immediately prior to the
7formation of the new district if placed on the salary schedule
8of the previously existing district with the highest salary
9schedule.
10    (2) After the territory of one or more school districts is
11annexed by one or more other school districts as defined in
12Article 7 of this Code, a computation shall be made to
13determine the difference between the salaries effective in each
14annexed district and in the annexing district or districts as
15they were each constituted on June 30 preceding the date when
16the change of boundaries attributable to the annexation became
17effective for all purposes, as determined under Section 7-9 of
18this Code. For the first 4 years after the annexation, a
19supplementary State aid reimbursement shall be paid to each
20annexing district as constituted after the annexation equal to
21the difference between the sum of the salaries earned by each
22of the certificated members of the annexing district as
23constituted after the annexation, while employed in an annexed
24or annexing district during the year immediately preceding the
25annexation, and the sum of the salaries those certificated
26members would have been paid during the immediately preceding

 

 

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1year if placed on the salary schedule of whichever of the
2annexing or annexed districts had the highest salary schedule
3during the immediately preceding year.
4    (3) For each new high school district formed under a school
5district conversion, as defined in Section 11E-15 of this Code,
6the State shall make a supplementary payment for 4 years equal
7to the difference between the sum of the salaries earned by
8each certified member of the new high school district, while
9employed in one of the previously existing districts, and the
10sum of the salaries those certified members would have been
11paid if placed on the salary schedule of the previously
12existing district with the highest salary schedule.
13    (4) For each newly created partial elementary unit
14district, the State shall make a supplementary payment for 4
15years equal to the difference between the sum of the salaries
16earned by each certified member of the newly created partial
17elementary unit district, while employed in one of the
18previously existing districts that formed the partial
19elementary unit district, and the sum of the salaries those
20certified members would have been paid if placed on the salary
21schedule of the previously existing district with the highest
22salary schedule. The salary schedules used in the calculation
23shall be those in effect in the previously existing districts
24for the school year prior to the creation of the new partial
25elementary unit district.
26    (5) For an elementary district opt-in, as described in

 

 

10000SB0001sam003- 194 -LRB100 06371 NHT 24718 a

1subsection (d) of Section 11E-30 of this Code, the salary
2difference incentive shall be computed in accordance with
3paragraph (4) of this subsection (b) as if the opted-in
4elementary district was included in the optional elementary
5unit district at the optional elementary unit district's
6original effective date. If the calculation in this paragraph
7(5) is less than that calculated in paragraph (4) of this
8subsection (b) at the optional elementary unit district's
9original effective date, then no adjustments may be made. If
10the calculation in this paragraph (5) is more than that
11calculated in paragraph (4) of this subsection (b) at the
12optional elementary unit district's original effective date,
13then the excess must be paid as follows:
14        (A) If the effective date for the elementary opt-in is
15    one year after the effective date for the optional
16    elementary unit district, 100% of the calculated excess
17    shall be paid to the optional elementary unit district in
18    each of the first 4 years after the effective date of the
19    elementary opt-in.
20        (B) If the effective date for the elementary opt-in is
21    2 years after the effective date for the optional
22    elementary unit district, 75% of the calculated excess
23    shall be paid to the optional elementary unit district in
24    each of the first 4 years after the effective date of the
25    elementary opt-in.
26        (C) If the effective date for the elementary opt-in is

 

 

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1    3 years after the effective date for the optional
2    elementary unit district, 50% of the calculated excess
3    shall be paid to the optional elementary unit district in
4    each of the first 4 years after the effective date of the
5    elementary opt-in.
6        (D) If the effective date for the elementary opt-in is
7    4 years after the effective date for the partial elementary
8    unit district, 25% of the calculated excess shall be paid
9    to the optional elementary unit district in each of the
10    first 4 years after the effective date of the elementary
11    opt-in.
12        (E) If the effective date for the elementary opt-in is
13    5 years after the effective date for the optional
14    elementary unit district, the optional elementary unit
15    district is not eligible for any additional incentives due
16    to the elementary opt-in.
17    (5.5) After the formation of a cooperative high school by 2
18or more school districts under Section 10-22.22c of this Code,
19a computation shall be made to determine the difference between
20the salaries effective in each of the previously existing high
21schools on June 30 prior to the formation of the cooperative
22high school. For the first 4 years after the formation of the
23cooperative high school, a supplementary State aid
24reimbursement shall be paid to the cooperative high school
25equal to the difference between the sum of the salaries earned
26by each of the certificated members of the cooperative high

 

 

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1school while employed in one of the previously existing high
2schools during the year immediately preceding the formation of
3the cooperative high school and the sum of the salaries those
4certificated members would have been paid during the year
5immediately prior to the formation of the cooperative high
6school if placed on the salary schedule of the previously
7existing high school with the highest salary schedule.
8    (5.10) After the annexation of territory detached from
9another school district whereby the enrollment of the annexing
10district increases by 90% or more as a result of the
11annexation, a computation shall be made to determine the
12difference between the salaries effective in the district
13gaining territory and the district losing territory as they
14each were constituted on June 30 preceding the date when the
15change of boundaries attributable to the annexation became
16effective for all purposes as determined under Section 7-9 of
17this Code. For the first 4 years after the annexation, a
18supplementary State aid reimbursement shall be paid to the
19annexing district equal to the difference between the sum of
20the salaries earned by each of the certificated members of the
21annexing district as constituted after the annexation while
22employed in the district gaining territory or the district
23losing territory during the year immediately preceding the
24annexation and the sum of the salaries those certificated
25members would have been paid during such immediately preceding
26year if placed on the salary schedule of whichever of the

 

 

10000SB0001sam003- 197 -LRB100 06371 NHT 24718 a

1district gaining territory or district losing territory had the
2highest salary schedule during the immediately preceding year.
3To be eligible for supplementary State aid reimbursement under
4this Section, the intergovernmental agreement to be submitted
5pursuant to Section 7-14A of this Code must show that staff
6members were transferred from the control of the district
7losing territory to the control of the district gaining
8territory in the annexation. The changes to this Section made
9by Public Act 95-707 are intended to be retroactive and
10applicable to any annexation taking effect on or after July 1,
112004. For annexations that are eligible for payments under this
12paragraph (5.10) and that are effective on or after July 1,
132004, but before January 11, 2008 (the effective date of Public
14Act 95-707), the first required yearly payment under this
15paragraph (5.10) shall be paid in the fiscal year of January
1611, 2008 (the effective date of Public Act 95-707). Subsequent
17required yearly payments shall be paid in subsequent fiscal
18years until the payment obligation under this paragraph (5.10)
19is complete.
20    (5.15) After the deactivation of a school facility in
21accordance with Section 10-22.22b of this Code, a computation
22shall be made to determine the difference between the salaries
23effective in the sending school district and each receiving
24school district on June 30 prior to the deactivation of the
25school facility. For the lesser of the first 4 years after the
26deactivation of the school facility or the length of the

 

 

10000SB0001sam003- 198 -LRB100 06371 NHT 24718 a

1deactivation agreement, including any renewals of the original
2deactivation agreement, a supplementary State aid
3reimbursement shall be paid to each receiving district equal to
4the difference between the sum of the salaries earned by each
5of the certificated members transferred to that receiving
6district as a result of the deactivation while employed in the
7sending district during the year immediately preceding the
8deactivation and the sum of the salaries those certificated
9members would have been paid during the year immediately
10preceding the deactivation if placed on the salary schedule of
11the sending or receiving district with the highest salary
12schedule.
13    (6) The supplementary State aid reimbursement under this
14subsection (b) shall be treated as separate from all other
15payments made pursuant to Section 18-8.05 of this Code. In the
16case of the formation of a new district or cooperative high
17school or a deactivation, reimbursement shall begin during the
18first year of operation of the new district or cooperative high
19school or the first year of the deactivation, and in the case
20of an annexation of the territory of one or more school
21districts by one or more other school districts or the
22annexation of territory detached from a school district whereby
23the enrollment of the annexing district increases by 90% or
24more as a result of the annexation, reimbursement shall begin
25during the first year when the change in boundaries
26attributable to the annexation becomes effective for all

 

 

10000SB0001sam003- 199 -LRB100 06371 NHT 24718 a

1purposes as determined pursuant to Section 7-9 of this Code,
2except that for an annexation of territory detached from a
3school district that is effective on or after July 1, 2004, but
4before January 11, 2008 (the effective date of Public Act
595-707), whereby the enrollment of the annexing district
6increases by 90% or more as a result of the annexation,
7reimbursement shall begin during the fiscal year of January 11,
82008 (the effective date of Public Act 95-707). Each year that
9the new, annexing, or receiving district or cooperative high
10school, as the case may be, is entitled to receive
11reimbursement, the number of eligible certified members who are
12employed on October 1 in the district or cooperative high
13school shall be certified to the State Board of Education on
14prescribed forms by October 15 and payment shall be made on or
15before November 15 of that year.
16    (c)(1) For the first year after the formation of a combined
17school district, as defined in Section 11E-20 of this Code or a
18unit district, as defined in Section 11E-25 of this Code, a
19computation shall be made totaling each previously existing
20district's audited fund balances in the educational fund,
21working cash fund, operations and maintenance fund, and
22transportation fund for the year ending June 30 prior to the
23referendum for the creation of the new district. The new
24district shall be paid supplementary State aid equal to the sum
25of the differences between the deficit of the previously
26existing district with the smallest deficit and the deficits of

 

 

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1each of the other previously existing districts.
2    (2) For the first year after the annexation of all of the
3territory of one or more entire school districts by another
4school district, as defined in Article 7 of this Code,
5computations shall be made, for the year ending June 30 prior
6to the date that the change of boundaries attributable to the
7annexation is allowed by the affirmative decision issued by the
8regional board of school trustees under Section 7-6 of this
9Code, notwithstanding any effort to seek administrative review
10of the decision, totaling the annexing district's and totaling
11each annexed district's audited fund balances in their
12respective educational, working cash, operations and
13maintenance, and transportation funds. The annexing district
14as constituted after the annexation shall be paid supplementary
15State aid equal to the sum of the differences between the
16deficit of whichever of the annexing or annexed districts as
17constituted prior to the annexation had the smallest deficit
18and the deficits of each of the other districts as constituted
19prior to the annexation.
20    (3) For the first year after the annexation of all of the
21territory of one or more entire school districts by 2 or more
22other school districts, as defined by Article 7 of this Code,
23computations shall be made, for the year ending June 30 prior
24to the date that the change of boundaries attributable to the
25annexation is allowed by the affirmative decision of the
26regional board of school trustees under Section 7-6 of this

 

 

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1Code, notwithstanding any action for administrative review of
2the decision, totaling each annexing and annexed district's
3audited fund balances in their respective educational, working
4cash, operations and maintenance, and transportation funds.
5The annexing districts as constituted after the annexation
6shall be paid supplementary State aid, allocated as provided in
7this paragraph (3), in an aggregate amount equal to the sum of
8the differences between the deficit of whichever of the
9annexing or annexed districts as constituted prior to the
10annexation had the smallest deficit and the deficits of each of
11the other districts as constituted prior to the annexation. The
12aggregate amount of the supplementary State aid payable under
13this paragraph (3) shall be allocated between or among the
14annexing districts as follows:
15        (A) the regional superintendent of schools for each
16    educational service region in which an annexed district is
17    located prior to the annexation shall certify to the State
18    Board of Education, on forms that it shall provide for that
19    purpose, the value of all taxable property in each annexed
20    district, as last equalized or assessed by the Department
21    of Revenue prior to the annexation, and the equalized
22    assessed value of each part of the annexed district that
23    was annexed to or included as a part of an annexing
24    district;
25        (B) using equalized assessed values as certified by the
26    regional superintendent of schools under clause (A) of this

 

 

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1    paragraph (3), the combined audited fund balance deficit of
2    each annexed district as determined under this Section
3    shall be apportioned between or among the annexing
4    districts in the same ratio as the equalized assessed value
5    of that part of the annexed district that was annexed to or
6    included as a part of an annexing district bears to the
7    total equalized assessed value of the annexed district; and
8        (C) the aggregate supplementary State aid payment
9    under this paragraph (3) shall be allocated between or
10    among, and shall be paid to, the annexing districts in the
11    same ratio as the sum of the combined audited fund balance
12    deficit of each annexing district as constituted prior to
13    the annexation, plus all combined audited fund balance
14    deficit amounts apportioned to that annexing district
15    under clause (B) of this subsection, bears to the aggregate
16    of the combined audited fund balance deficits of all of the
17    annexing and annexed districts as constituted prior to the
18    annexation.
19    (4) For the new elementary districts and new high school
20district formed through a school district conversion, as
21defined in Section 11E-15 of this Code or the new elementary
22district or districts and new combined high school - unit
23district formed through a multi-unit conversion, as defined in
24subsection (b) of Section 11E-30 of this Code, a computation
25shall be made totaling each previously existing district's
26audited fund balances in the educational fund, working cash

 

 

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1fund, operations and maintenance fund, and transportation fund
2for the year ending June 30 prior to the referendum
3establishing the new districts. In the first year of the new
4districts, the State shall make a one-time supplementary
5payment equal to the sum of the differences between the deficit
6of the previously existing district with the smallest deficit
7and the deficits of each of the other previously existing
8districts. A district with a combined balance among the 4 funds
9that is positive shall be considered to have a deficit of zero.
10The supplementary payment shall be allocated among the newly
11formed high school and elementary districts in the manner
12provided by the petition for the formation of the districts, in
13the form in which the petition is approved by the regional
14superintendent of schools or State Superintendent of Education
15under Section 11E-50 of this Code.
16    (5) For each newly created partial elementary unit
17district, as defined in subsection (a) or (c) of Section 11E-30
18of this Code, a computation shall be made totaling the audited
19fund balances of each previously existing district that formed
20the new partial elementary unit district in the educational
21fund, working cash fund, operations and maintenance fund, and
22transportation fund for the year ending June 30 prior to the
23referendum for the formation of the partial elementary unit
24district. In the first year of the new partial elementary unit
25district, the State shall make a one-time supplementary payment
26to the new district equal to the sum of the differences between

 

 

10000SB0001sam003- 204 -LRB100 06371 NHT 24718 a

1the deficit of the previously existing district with the
2smallest deficit and the deficits of each of the other
3previously existing districts. A district with a combined
4balance among the 4 funds that is positive shall be considered
5to have a deficit of zero.
6    (6) For an elementary opt-in as defined in subsection (d)
7of Section 11E-30 of this Code, the deficit fund balance
8incentive shall be computed in accordance with paragraph (5) of
9this subsection (c) as if the opted-in elementary was included
10in the optional elementary unit district at the optional
11elementary unit district's original effective date. If the
12calculation in this paragraph (6) is less than that calculated
13in paragraph (5) of this subsection (c) at the optional
14elementary unit district's original effective date, then no
15adjustments may be made. If the calculation in this paragraph
16(6) is more than that calculated in paragraph (5) of this
17subsection (c) at the optional elementary unit district's
18original effective date, then the excess must be paid as
19follows:
20        (A) If the effective date for the elementary opt-in is
21    one year after the effective date for the optional
22    elementary unit district, 100% of the calculated excess
23    shall be paid to the optional elementary unit district in
24    the first year after the effective date of the elementary
25    opt-in.
26        (B) If the effective date for the elementary opt-in is

 

 

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1    2 years after the effective date for the optional
2    elementary unit district, 75% of the calculated excess
3    shall be paid to the optional elementary unit district in
4    the first year after the effective date of the elementary
5    opt-in.
6        (C) If the effective date for the elementary opt-in is
7    3 years after the effective date for the optional
8    elementary unit district, 50% of the calculated excess
9    shall be paid to the optional elementary unit district in
10    the first year after the effective date of the elementary
11    opt-in.
12        (D) If the effective date for the elementary opt-in is
13    4 years after the effective date for the optional
14    elementary unit district, 25% of the calculated excess
15    shall be paid to the optional elementary unit district in
16    the first year after the effective date of the elementary
17    opt-in.
18        (E) If the effective date for the elementary opt-in is
19    5 years after the effective date for the optional
20    elementary unit district, the optional elementary unit
21    district is not eligible for any additional incentives due
22    to the elementary opt-in.
23    (6.5) For the first year after the annexation of territory
24detached from another school district whereby the enrollment of
25the annexing district increases by 90% or more as a result of
26the annexation, a computation shall be made totaling the

 

 

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1audited fund balances of the district gaining territory and the
2audited fund balances of the district losing territory in the
3educational fund, working cash fund, operations and
4maintenance fund, and transportation fund for the year ending
5June 30 prior to the date that the change of boundaries
6attributable to the annexation is allowed by the affirmative
7decision of the regional board of school trustees under Section
87-6 of this Code, notwithstanding any action for administrative
9review of the decision. The annexing district as constituted
10after the annexation shall be paid supplementary State aid
11equal to the difference between the deficit of whichever
12district included in this calculation as constituted prior to
13the annexation had the smallest deficit and the deficit of each
14other district included in this calculation as constituted
15prior to the annexation, multiplied by the ratio of equalized
16assessed value of the territory detached to the total equalized
17assessed value of the district losing territory. The regional
18superintendent of schools for the educational service region in
19which a district losing territory is located prior to the
20annexation shall certify to the State Board of Education the
21value of all taxable property in the district losing territory
22and the value of all taxable property in the territory being
23detached, as last equalized or assessed by the Department of
24Revenue prior to the annexation. To be eligible for
25supplementary State aid reimbursement under this Section, the
26intergovernmental agreement to be submitted pursuant to

 

 

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1Section 7-14A of this Code must show that fund balances were
2transferred from the district losing territory to the district
3gaining territory in the annexation. The changes to this
4Section made by Public Act 95-707 are intended to be
5retroactive and applicable to any annexation taking effect on
6or after July 1, 2004. For annexations that are eligible for
7payments under this paragraph (6.5) and that are effective on
8or after July 1, 2004, but before January 11, 2008 (the
9effective date of Public Act 95-707), the required payment
10under this paragraph (6.5) shall be paid in the fiscal year of
11January 11, 2008 (the effective date of Public Act 95-707).
12    (7) For purposes of any calculation required under
13paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
14subsection (c), a district with a combined fund balance that is
15positive shall be considered to have a deficit of zero. For
16purposes of determining each district's audited fund balances
17in its educational fund, working cash fund, operations and
18maintenance fund, and transportation fund for the specified
19year ending June 30, as provided in paragraphs (1), (2), (3),
20(4), (5), (6), and (6.5) of this subsection (c), the balance of
21each fund shall be deemed decreased by an amount equal to the
22amount of the annual property tax theretofore levied in the
23fund by the district for collection and payment to the district
24during the calendar year in which the June 30 fell, but only to
25the extent that the tax so levied in the fund actually was
26received by the district on or before or comprised a part of

 

 

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1the fund on such June 30. For purposes of determining each
2district's audited fund balances, a calculation shall be made
3for each fund to determine the average for the 3 years prior to
4the specified year ending June 30, as provided in paragraphs
5(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c),
6of the district's expenditures in the categories "purchased
7services", "supplies and materials", and "capital outlay", as
8those categories are defined in rules of the State Board of
9Education. If this 3-year average is less than the district's
10expenditures in these categories for the specified year ending
11June 30, as provided in paragraphs (1), (2), (3), (4), (5),
12(6), and (6.5) of this subsection (c), then the 3-year average
13shall be used in calculating the amounts payable under this
14Section in place of the amounts shown in these categories for
15the specified year ending June 30, as provided in paragraphs
16(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c).
17Any deficit because of State aid not yet received may not be
18considered in determining the June 30 deficits. The same basis
19of accounting shall be used by all previously existing
20districts and by all annexing or annexed districts, as
21constituted prior to the annexation, in making any computation
22required under paragraphs (1), (2), (3), (4), (5), (6), and
23(6.5) of this subsection (c).
24    (8) The supplementary State aid payments under this
25subsection (c) shall be treated as separate from all other
26payments made pursuant to Section 18-8.05 of this Code.

 

 

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1    (d)(1) Following the formation of a combined school
2district, as defined in Section 11E-20 of this Code, a new unit
3district, as defined in Section 11E-25 of this Code, a new
4elementary district or districts and a new high school district
5formed through a school district conversion, as defined in
6Section 11E-15 of this Code, a new partial elementary unit
7district, as defined in Section 11E-30 of this Code, or a new
8elementary district or districts formed through a multi-unit
9conversion, as defined in subsection (b) of Section 11E-30 of
10this Code, or the annexation of all of the territory of one or
11more entire school districts by one or more other school
12districts, as defined in Article 7 of this Code, a
13supplementary State aid reimbursement shall be paid for the
14number of school years determined under the following table to
15each new or annexing district equal to the sum of $4,000 for
16each certified employee who is employed by the district on a
17full-time basis for the regular term of the school year:
 
18Reorganized District's RankReorganized District's Rank
19by type of district (unit,in Average Daily Attendance
20high school, elementary)By Quintile
21in Equalized Assessed Value
22Per Pupil by Quintile
233rd, 4th,
241st2ndor 5th
25QuintileQuintileQuintile

 

 

 

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1    1st Quintile1 year1 year1 year
2    2nd Quintile1 year2 years2 years
3    3rd Quintile2 years3 years3 years
4    4th Quintile2 years3 years3 years
5    5th Quintile2 years3 years3 years
6The State Board of Education shall make a one-time calculation
7of a reorganized district's quintile ranks. The average daily
8attendance used in this calculation shall be the best 3 months'
9average daily attendance for the district's first year. The
10equalized assessed value per pupil shall be the district's real
11property equalized assessed value used in calculating the
12district's first-year general State aid claim, under Section
1318-8.05 of this Code, or first-year evidence-based funding
14claim, under Section 18-8.15 of this Code, as applicable,
15divided by the best 3 months' average daily attendance.
16    No annexing or resulting school district shall be entitled
17to supplementary State aid under this subsection (d) unless the
18district acquires at least 30% of the average daily attendance
19of the district from which the territory is being detached or
20divided.
21    If a district results from multiple reorganizations that
22would otherwise qualify the district for multiple payments
23under this subsection (d) in any year, then the district shall
24receive a single payment only for that year based solely on the
25most recent reorganization.

 

 

10000SB0001sam003- 211 -LRB100 06371 NHT 24718 a

1    (2) For an elementary opt-in, as defined in subsection (d)
2of Section 11E-30 of this Code, the full-time certified staff
3incentive shall be computed in accordance with paragraph (1) of
4this subsection (d), equal to the sum of $4,000 for each
5certified employee of the elementary district that opts-in who
6is employed by the optional elementary unit district on a
7full-time basis for the regular term of the school year. The
8calculation from this paragraph (2) must be paid as follows:
9        (A) If the effective date for the elementary opt-in is
10    one year after the effective date for the optional
11    elementary unit district, 100% of the amount calculated in
12    this paragraph (2) shall be paid to the optional elementary
13    unit district for the number of years calculated in
14    paragraph (1) of this subsection (d) at the optional
15    elementary unit district's original effective date,
16    starting in the second year after the effective date of the
17    elementary opt-in.
18        (B) If the effective date for the elementary opt-in is
19    2 years after the effective date for the optional
20    elementary unit district, 75% of the amount calculated in
21    this paragraph (2) shall be paid to the optional elementary
22    unit district for the number of years calculated in
23    paragraph (1) of this subsection (d) at the optional
24    elementary unit district's original effective date,
25    starting in the second year after the effective date of the
26    elementary opt-in.

 

 

10000SB0001sam003- 212 -LRB100 06371 NHT 24718 a

1        (C) If the effective date for the elementary opt-in is
2    3 years after the effective date for the optional
3    elementary unit district, 50% of the amount calculated in
4    this paragraph (2) shall be paid to the optional elementary
5    unit district for the number of years calculated in
6    paragraph (1) of this subsection (d) at the optional
7    elementary unit district's original effective date,
8    starting in the second year after the effective date of the
9    elementary opt-in.
10        (D) If the effective date for the elementary opt-in is
11    4 years after the effective date for the optional
12    elementary unit district, 25% of the amount calculated in
13    this paragraph (2) shall be paid to the optional elementary
14    unit district for the number of years calculated in
15    paragraph (1) of this subsection (d) at the optional
16    elementary unit district's original effective date,
17    starting in the second year after the effective date of the
18    elementary opt-in.
19        (E) If the effective date for the elementary opt-in is
20    5 years after the effective date for the optional
21    elementary unit district, the optional elementary unit
22    district is not eligible for any additional incentives due
23    to the elementary opt-in.
24    (2.5) Following the formation of a cooperative high school
25by 2 or more school districts under Section 10-22.22c of this
26Code, a supplementary State aid reimbursement shall be paid for

 

 

10000SB0001sam003- 213 -LRB100 06371 NHT 24718 a

13 school years to the cooperative high school equal to the sum
2of $4,000 for each certified employee who is employed by the
3cooperative high school on a full-time basis for the regular
4term of any such school year. If a cooperative high school
5results from multiple agreements that would otherwise qualify
6the cooperative high school for multiple payments under this
7Section in any year, the cooperative high school shall receive
8a single payment for that year based solely on the most recent
9agreement.
10    (2.10) Following the annexation of territory detached from
11another school district whereby the enrollment of the annexing
12district increases 90% or more as a result of the annexation, a
13supplementary State aid reimbursement shall be paid to the
14annexing district equal to the sum of $4,000 for each certified
15employee who is employed by the annexing district on a
16full-time basis and shall be calculated in accordance with
17subsection (a) of this Section. To be eligible for
18supplementary State aid reimbursement under this Section, the
19intergovernmental agreement to be submitted pursuant to
20Section 7-14A of this Code must show that certified staff
21members were transferred from the control of the district
22losing territory to the control of the district gaining
23territory in the annexation. The changes to this Section made
24by Public Act 95-707 are intended to be retroactive and
25applicable to any annexation taking effect on or after July 1,
262004. For annexations that are eligible for payments under this

 

 

10000SB0001sam003- 214 -LRB100 06371 NHT 24718 a

1paragraph (2.10) and that are effective on or after July 1,
22004, but before January 11, 2008 (the effective date of Public
3Act 95-707), the first required yearly payment under this
4paragraph (2.10) shall be paid in the second fiscal year after
5January 11, 2008 (the effective date of Public Act 95-707). Any
6subsequent required yearly payments shall be paid in subsequent
7fiscal years until the payment obligation under this paragraph
8(2.10) is complete.
9    (2.15) Following the deactivation of a school facility in
10accordance with Section 10-22.22b of this Code, a supplementary
11State aid reimbursement shall be paid for the lesser of 3
12school years or the length of the deactivation agreement,
13including any renewals of the original deactivation agreement,
14to each receiving school district equal to the sum of $4,000
15for each certified employee who is employed by that receiving
16district on a full-time basis for the regular term of any such
17school year who was originally transferred to the control of
18that receiving district as a result of the deactivation.
19Receiving districts are eligible for payments under this
20paragraph (2.15) based on the certified employees transferred
21to that receiving district as a result of the deactivation and
22are not required to receive at least 30% of the deactivating
23district's average daily attendance as required under
24paragraph (1) of this subsection (d) to be eligible for
25payments.
26    (3) The supplementary State aid reimbursement payable

 

 

10000SB0001sam003- 215 -LRB100 06371 NHT 24718 a

1under this subsection (d) shall be separate from and in
2addition to all other payments made to the district pursuant to
3any other Section of this Article.
4    (4) During May of each school year for which a
5supplementary State aid reimbursement is to be paid to a new,
6annexing, or receiving school district or cooperative high
7school pursuant to this subsection (d), the school board or
8governing board shall certify to the State Board of Education,
9on forms furnished to the school board or governing board by
10the State Board of Education for purposes of this subsection
11(d), the number of certified employees for which the district
12or cooperative high school is entitled to reimbursement under
13this Section, together with the names, certificate numbers, and
14positions held by the certified employees.
15    (5) Upon certification by the State Board of Education to
16the State Comptroller of the amount of the supplementary State
17aid reimbursement to which a school district or cooperative
18high school is entitled under this subsection (d), the State
19Comptroller shall draw his or her warrant upon the State
20Treasurer for the payment thereof to the school district or
21cooperative high school and shall promptly transmit the payment
22to the school district or cooperative high school through the
23appropriate school treasurer.
24(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
2595-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
 

 

 

10000SB0001sam003- 216 -LRB100 06371 NHT 24718 a

1    (105 ILCS 5/13A-8)
2    Sec. 13A-8. Funding.
3    (a) The State of Illinois shall provide funding for the
4alternative school programs within each educational service
5region and within the Chicago public school system by line item
6appropriation made to the State Board of Education for that
7purpose. This money, when appropriated, shall be provided to
8the regional superintendent and to the Chicago Board of
9Education, who shall establish a budget, including salaries,
10for their alternative school programs. Each program shall
11receive funding in the amount of $30,000 plus an amount based
12on the ratio of the region's or Chicago's best 3 months'
13average daily attendance in grades pre-kindergarten through 12
14to the statewide totals of these amounts. For purposes of this
15calculation, the best 3 months' average daily attendance for
16each region or Chicago shall be calculated by adding to the
17best 3 months' average daily attendance the number of
18low-income students identified in the most recently available
19federal census multiplied by one-half times the percentage of
20the region's or Chicago's low-income students to the State's
21total low-income students. The State Board of Education shall
22retain up to 1.1% of the appropriation to be used to provide
23technical assistance, professional development, and
24evaluations for the programs.
25    (a-5) Notwithstanding any other provisions of this
26Section, for the 1998-1999 fiscal year, the total amount

 

 

10000SB0001sam003- 217 -LRB100 06371 NHT 24718 a

1distributed under subsection (a) for an alternative school
2program shall be not less than the total amount that was
3distributed under that subsection for that alternative school
4program for the 1997-1998 fiscal year. If an alternative school
5program is to receive a total distribution under subsection (a)
6for the 1998-1999 fiscal year that is less than the total
7distribution that the program received under that subsection
8for the 1997-1998 fiscal year, that alternative school program
9shall also receive, from a separate appropriation made for
10purposes of this subsection (a-5), a supplementary payment
11equal to the amount by which its total distribution under
12subsection (a) for the 1997-1998 fiscal year exceeds the amount
13of the total distribution that the alternative school program
14receives under that subsection for the 1998-1999 fiscal year.
15If the amount appropriated for supplementary payments to
16alternative school programs under this subsection (a-5) is
17insufficient for that purpose, those supplementary payments
18shall be prorated among the alternative school programs
19entitled to receive those supplementary payments according to
20the aggregate amount of the appropriation made for purposes of
21this subsection (a-5).
22    (b) An alternative school program shall be entitled to
23receive general State aid as calculated in subsection (K) of
24Section 18-8.05 or evidence-based funding as calculated in
25subsection (g) of Section 18-8.15 upon filing a claim as
26provided therein. Any time that a student who is enrolled in an

 

 

10000SB0001sam003- 218 -LRB100 06371 NHT 24718 a

1alternative school program spends in work-based learning,
2community service, or a similar alternative educational
3setting shall be included in determining the student's minimum
4number of clock hours of daily school work that constitute a
5day of attendance for purposes of calculating general State aid
6or evidence-based funding.
7    (c) An alternative school program may receive additional
8funding from its school districts in such amount as may be
9agreed upon by the parties and necessary to support the
10program. In addition, an alternative school program is
11authorized to accept and expend gifts, legacies, and grants,
12including but not limited to federal grants, from any source
13for purposes directly related to the conduct and operation of
14the program.
15(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
1689-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff. 7-31-97;
1790-802, eff. 12-15-98.)
 
18    (105 ILCS 5/13B-20.20)
19    Sec. 13B-20.20. Enrollment in other programs. High school
20equivalency testing preparation programs are not eligible for
21funding under this Article. A student may enroll in a program
22approved under Section 18-8.05 or 18-8.15 of this Code, as
23appropriate, or attend both the alternative learning
24opportunities program and the regular school program to enhance
25student performance and facilitate on-time graduation.

 

 

10000SB0001sam003- 219 -LRB100 06371 NHT 24718 a

1(Source: P.A. 98-718, eff. 1-1-15.)
 
2    (105 ILCS 5/13B-45)
3    Sec. 13B-45. Days and hours of attendance. An alternative
4learning opportunities program shall provide students with at
5least the minimum number of days of pupil attendance required
6under Section 10-19 of this Code and the minimum number of
7daily hours of school work required under Section 18-8.05 or
818-8.15 of this Code, provided that the State Board may approve
9exceptions to these requirements if the program meets all of
10the following conditions:
11        (1) The district plan submitted under Section
12    13B-25.15 of this Code establishes that a program providing
13    the required minimum number of days of attendance or daily
14    hours of school work would not serve the needs of the
15    program's students.
16        (2) Each day of attendance shall provide no fewer than
17    3 clock hours of school work, as defined under paragraph
18    (1) of subsection (F) of Section 18-8.05 of this Code.
19        (3) Each day of attendance that provides fewer than 5
20    clock hours of school work shall also provide supplementary
21    services, including without limitation work-based
22    learning, student assistance programs, counseling, case
23    management, health and fitness programs, or life-skills or
24    conflict resolution training, in order to provide a total
25    daily program to the student of 5 clock hours. A program

 

 

10000SB0001sam003- 220 -LRB100 06371 NHT 24718 a

1    may claim general State aid or evidence-based funding for
2    up to 2 hours of the time each day that a student is
3    receiving supplementary services.
4        (4) Each program shall provide no fewer than 174 days
5    of actual pupil attendance during the school term; however,
6    approved evening programs that meet the requirements of
7    Section 13B-45 of this Code may offer less than 174 days of
8    actual pupil attendance during the school term.
9(Source: P.A. 92-42, eff. 1-1-02.)
 
10    (105 ILCS 5/13B-50)
11    Sec. 13B-50. Eligibility to receive general State aid or
12evidence-based funding. In order to receive general State aid
13or evidence-based funding, alternative learning opportunities
14programs must meet the requirements for claiming general State
15aid as specified in Section 18-8.05 of this Code or
16evidence-based funding as specified in Section 18-8.15 of this
17Code, as applicable, with the exception of the length of the
18instructional day, which may be less than 5 hours of school
19work if the program meets the criteria set forth under Sections
2013B-50.5 and 13B-50.10 of this Code and if the program is
21approved by the State Board.
22(Source: P.A. 92-42, eff. 1-1-02.)
 
23    (105 ILCS 5/13B-50.10)
24    Sec. 13B-50.10. Additional criteria for general State aid

 

 

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1or evidence-based funding. In order to claim general State aid
2or evidence-based funding, an alternative learning
3opportunities program must meet the following criteria:
4    (1) Teacher professional development plans should include
5education in the instruction of at-risk students.
6    (2) Facilities must meet the health, life, and safety
7requirements in this Code.
8    (3) The program must comply with all other State and
9federal laws applicable to education providers.
10(Source: P.A. 92-42, eff. 1-1-02.)
 
11    (105 ILCS 5/13B-50.15)
12    Sec. 13B-50.15. Level of funding. Approved alternative
13learning opportunities programs are entitled to claim general
14State aid or evidence-based funding, subject to Sections
1513B-50, 13B-50.5, and 13B-50.10 of this Code. Approved programs
16operated by regional offices of education are entitled to
17receive general State aid at the foundation level of support. A
18school district or consortium must ensure that an approved
19program receives supplemental general State aid,
20transportation reimbursements, and special education
21resources, if appropriate, for students enrolled in the
22program.
23(Source: P.A. 92-42, eff. 1-1-02.)
 
24    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)

 

 

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1    Sec. 14-7.02. Children attending private schools, public
2out-of-state schools, public school residential facilities or
3private special education facilities. The General Assembly
4recognizes that non-public schools or special education
5facilities provide an important service in the educational
6system in Illinois.
7    If because of his or her disability the special education
8program of a district is unable to meet the needs of a child
9and the child attends a non-public school or special education
10facility, a public out-of-state school or a special education
11facility owned and operated by a county government unit that
12provides special educational services required by the child and
13is in compliance with the appropriate rules and regulations of
14the State Superintendent of Education, the school district in
15which the child is a resident shall pay the actual cost of
16tuition for special education and related services provided
17during the regular school term and during the summer school
18term if the child's educational needs so require, excluding
19room, board and transportation costs charged the child by that
20non-public school or special education facility, public
21out-of-state school or county special education facility, or
22$4,500 per year, whichever is less, and shall provide him any
23necessary transportation. "Nonpublic special education
24facility" shall include a residential facility, within or
25without the State of Illinois, which provides special education
26and related services to meet the needs of the child by

 

 

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1utilizing private schools or public schools, whether located on
2the site or off the site of the residential facility.
3    The State Board of Education shall promulgate rules and
4regulations for determining when placement in a private special
5education facility is appropriate. Such rules and regulations
6shall take into account the various types of services needed by
7a child and the availability of such services to the particular
8child in the public school. In developing these rules and
9regulations the State Board of Education shall consult with the
10Advisory Council on Education of Children with Disabilities and
11hold public hearings to secure recommendations from parents,
12school personnel, and others concerned about this matter.
13    The State Board of Education shall also promulgate rules
14and regulations for transportation to and from a residential
15school. Transportation to and from home to a residential school
16more than once each school term shall be subject to prior
17approval by the State Superintendent in accordance with the
18rules and regulations of the State Board.
19    A school district making tuition payments pursuant to this
20Section is eligible for reimbursement from the State for the
21amount of such payments actually made in excess of the district
22per capita tuition charge for students not receiving special
23education services. Such reimbursement shall be approved in
24accordance with Section 14-12.01 and each district shall file
25its claims, computed in accordance with rules prescribed by the
26State Board of Education, on forms prescribed by the State

 

 

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1Superintendent of Education. Data used as a basis of
2reimbursement claims shall be for the preceding regular school
3term and summer school term. Each school district shall
4transmit its claims to the State Board of Education on or
5before August 15. The State Board of Education, before
6approving any such claims, shall determine their accuracy and
7whether they are based upon services and facilities provided
8under approved programs. Upon approval the State Board shall
9cause vouchers to be prepared showing the amount due for
10payment of reimbursement claims to school districts, for
11transmittal to the State Comptroller on the 30th day of
12September, December, and March, respectively, and the final
13voucher, no later than June 20. If the money appropriated by
14the General Assembly for such purpose for any year is
15insufficient, it shall be apportioned on the basis of the
16claims approved.
17    No child shall be placed in a special education program
18pursuant to this Section if the tuition cost for special
19education and related services increases more than 10 percent
20over the tuition cost for the previous school year or exceeds
21$4,500 per year unless such costs have been approved by the
22Illinois Purchased Care Review Board. The Illinois Purchased
23Care Review Board shall consist of the following persons, or
24their designees: the Directors of Children and Family Services,
25Public Health, Public Aid, and the Governor's Office of
26Management and Budget; the Secretary of Human Services; the

 

 

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1State Superintendent of Education; and such other persons as
2the Governor may designate. The Review Board shall also consist
3of one non-voting member who is an administrator of a private,
4nonpublic, special education school. The Review Board shall
5establish rules and regulations for its determination of
6allowable costs and payments made by local school districts for
7special education, room and board, and other related services
8provided by non-public schools or special education facilities
9and shall establish uniform standards and criteria which it
10shall follow. The Review Board shall approve the usual and
11customary rate or rates of a special education program that (i)
12is offered by an out-of-state, non-public provider of
13integrated autism specific educational and autism specific
14residential services, (ii) offers 2 or more levels of
15residential care, including at least one locked facility, and
16(iii) serves 12 or fewer Illinois students.
17    The Review Board shall establish uniform definitions and
18criteria for accounting separately by special education, room
19and board and other related services costs. The Board shall
20also establish guidelines for the coordination of services and
21financial assistance provided by all State agencies to assure
22that no otherwise qualified child with a disability receiving
23services under Article 14 shall be excluded from participation
24in, be denied the benefits of or be subjected to discrimination
25under any program or activity provided by any State agency.
26    The Review Board shall review the costs for special

 

 

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1education and related services provided by non-public schools
2or special education facilities and shall approve or disapprove
3such facilities in accordance with the rules and regulations
4established by it with respect to allowable costs.
5    The State Board of Education shall provide administrative
6and staff support for the Review Board as deemed reasonable by
7the State Superintendent of Education. This support shall not
8include travel expenses or other compensation for any Review
9Board member other than the State Superintendent of Education.
10    The Review Board shall seek the advice of the Advisory
11Council on Education of Children with Disabilities on the rules
12and regulations to be promulgated by it relative to providing
13special education services.
14    If a child has been placed in a program in which the actual
15per pupil costs of tuition for special education and related
16services based on program enrollment, excluding room, board and
17transportation costs, exceed $4,500 and such costs have been
18approved by the Review Board, the district shall pay such total
19costs which exceed $4,500. A district making such tuition
20payments in excess of $4,500 pursuant to this Section shall be
21responsible for an amount in excess of $4,500 equal to the
22district per capita tuition charge and shall be eligible for
23reimbursement from the State for the amount of such payments
24actually made in excess of the districts per capita tuition
25charge for students not receiving special education services.
26    If a child has been placed in an approved individual

 

 

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1program and the tuition costs including room and board costs
2have been approved by the Review Board, then such room and
3board costs shall be paid by the appropriate State agency
4subject to the provisions of Section 14-8.01 of this Act. Room
5and board costs not provided by a State agency other than the
6State Board of Education shall be provided by the State Board
7of Education on a current basis. In no event, however, shall
8the State's liability for funding of these tuition costs begin
9until after the legal obligations of third party payors have
10been subtracted from such costs. If the money appropriated by
11the General Assembly for such purpose for any year is
12insufficient, it shall be apportioned on the basis of the
13claims approved. Each district shall submit estimated claims to
14the State Superintendent of Education. Upon approval of such
15claims, the State Superintendent of Education shall direct the
16State Comptroller to make payments on a monthly basis. The
17frequency for submitting estimated claims and the method of
18determining payment shall be prescribed in rules and
19regulations adopted by the State Board of Education. Such
20current state reimbursement shall be reduced by an amount equal
21to the proceeds which the child or child's parents are eligible
22to receive under any public or private insurance or assistance
23program. Nothing in this Section shall be construed as
24relieving an insurer or similar third party from an otherwise
25valid obligation to provide or to pay for services provided to
26a child with a disability.

 

 

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1    If it otherwise qualifies, a school district is eligible
2for the transportation reimbursement under Section 14-13.01
3and for the reimbursement of tuition payments under this
4Section whether the non-public school or special education
5facility, public out-of-state school or county special
6education facility, attended by a child who resides in that
7district and requires special educational services, is within
8or outside of the State of Illinois. However, a district is not
9eligible to claim transportation reimbursement under this
10Section unless the district certifies to the State
11Superintendent of Education that the district is unable to
12provide special educational services required by the child for
13the current school year.
14    Nothing in this Section authorizes the reimbursement of a
15school district for the amount paid for tuition of a child
16attending a non-public school or special education facility,
17public out-of-state school or county special education
18facility unless the school district certifies to the State
19Superintendent of Education that the special education program
20of that district is unable to meet the needs of that child
21because of his disability and the State Superintendent of
22Education finds that the school district is in substantial
23compliance with Section 14-4.01. However, if a child is
24unilaterally placed by a State agency or any court in a
25non-public school or special education facility, public
26out-of-state school, or county special education facility, a

 

 

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1school district shall not be required to certify to the State
2Superintendent of Education, for the purpose of tuition
3reimbursement, that the special education program of that
4district is unable to meet the needs of a child because of his
5or her disability.
6    Any educational or related services provided, pursuant to
7this Section in a non-public school or special education
8facility or a special education facility owned and operated by
9a county government unit shall be at no cost to the parent or
10guardian of the child. However, current law and practices
11relative to contributions by parents or guardians for costs
12other than educational or related services are not affected by
13this amendatory Act of 1978.
14    Reimbursement for children attending public school
15residential facilities shall be made in accordance with the
16provisions of this Section.
17    Notwithstanding any other provision of law, any school
18district receiving a payment under this Section or under
19Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
20all or a portion of the funds that it receives in a particular
21fiscal year or from general State aid pursuant to Section
2218-8.05 of this Code as funds received in connection with any
23funding program for which it is entitled to receive funds from
24the State in that fiscal year (including, without limitation,
25any funding program referenced in this Section), regardless of
26the source or timing of the receipt. The district may not

 

 

10000SB0001sam003- 230 -LRB100 06371 NHT 24718 a

1classify more funds as funds received in connection with the
2funding program than the district is entitled to receive in
3that fiscal year for that program. Any classification by a
4district must be made by a resolution of its board of
5education. The resolution must identify the amount of any
6payments or general State aid to be classified under this
7paragraph and must specify the funding program to which the
8funds are to be treated as received in connection therewith.
9This resolution is controlling as to the classification of
10funds referenced therein. A certified copy of the resolution
11must be sent to the State Superintendent of Education. The
12resolution shall still take effect even though a copy of the
13resolution has not been sent to the State Superintendent of
14Education in a timely manner. No classification under this
15paragraph by a district shall affect the total amount or timing
16of money the district is entitled to receive under this Code.
17No classification under this paragraph by a district shall in
18any way relieve the district from or affect any requirements
19that otherwise would apply with respect to that funding
20program, including any accounting of funds by source, reporting
21expenditures by original source and purpose, reporting
22requirements, or requirements of providing services.
23    Notwithstanding anything to the contrary contained in this
24Section, the State Board of Education shall award to a school
25district having a population exceeding 500,000 inhabitants
2648.4% of the funds appropriated by the General Assembly for any

 

 

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1fiscal year for purposes of payments to school districts under
2this Section.
3(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
4eff. 7-20-15; 99-143, eff. 7-27-15.)
 
5    (105 ILCS 5/14-7.02b)
6    Sec. 14-7.02b. Funding for children requiring special
7education services. Payments to school districts for children
8requiring special education services documented in their
9individualized education program regardless of the program
10from which these services are received, excluding children
11claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
12be made in accordance with this Section. Funds received under
13this Section may be used only for the provision of special
14educational facilities and services as defined in Section
1514-1.08 of this Code.
16    The appropriation for fiscal year 2005 through fiscal year
172017 and thereafter shall be based upon the IDEA child count of
18all students in the State, excluding students claimed under
19Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
20fiscal year 2 years preceding, multiplied by 17.5% of the
21general State aid foundation level of support established for
22that fiscal year under Section 18-8.05 of this Code.
23    Beginning with fiscal year 2005 and through fiscal year
242007, individual school districts shall not receive payments
25under this Section totaling less than they received under the

 

 

10000SB0001sam003- 232 -LRB100 06371 NHT 24718 a

1funding authorized under Section 14-7.02a of this Code during
2fiscal year 2004, pursuant to the provisions of Section
314-7.02a as they were in effect before the effective date of
4this amendatory Act of the 93rd General Assembly. This base
5level funding shall be computed first.
6    Beginning with fiscal year 2008 through fiscal year 2017
7and each fiscal year thereafter, individual school districts
8must not receive payments under this Section totaling less than
9they received in fiscal year 2007. This funding shall be
10computed last and shall be a separate calculation from any
11other calculation set forth in this Section. This amount is
12exempt from the requirements of Section 1D-1 of this Code.
13    Through fiscal year 2017, an An amount equal to 85% of the
14funds remaining in the appropriation shall be allocated to
15school districts based upon the district's average daily
16attendance reported for purposes of Section 18-8.05 of this
17Code for the preceding school year. Fifteen percent of the
18funds remaining in the appropriation shall be allocated to
19school districts based upon the district's low income eligible
20pupil count used in the calculation of general State aid under
21Section 18-8.05 of this Code for the same fiscal year. One
22hundred percent of the funds computed and allocated to
23districts under this Section shall be distributed and paid to
24school districts.
25    For individual students with disabilities whose program
26costs exceed 4 times the district's per capita tuition rate as

 

 

10000SB0001sam003- 233 -LRB100 06371 NHT 24718 a

1calculated under Section 10-20.12a of this Code, the costs in
2excess of 4 times the district's per capita tuition rate shall
3be paid by the State Board of Education from unexpended IDEA
4discretionary funds originally designated for room and board
5reimbursement pursuant to Section 14-8.01 of this Code. The
6amount of tuition for these children shall be determined by the
7actual cost of maintaining classes for these children, using
8the per capita cost formula set forth in Section 14-7.01 of
9this Code, with the program and cost being pre-approved by the
10State Superintendent of Education. Reimbursement for
11individual students with disabilities whose program costs
12exceed 4 times the district's per capita tuition rate shall be
13claimed beginning with costs encumbered for the 2004-2005
14school year and thereafter.
15    The State Board of Education shall prepare vouchers equal
16to one-fourth the amount allocated to districts, for
17transmittal to the State Comptroller on the 30th day of
18September, December, and March, respectively, and the final
19voucher, no later than June 20. The Comptroller shall make
20payments pursuant to this Section to school districts as soon
21as possible after receipt of vouchers. If the money
22appropriated from the General Assembly for such purposes for
23any year is insufficient, it shall be apportioned on the basis
24of the payments due to school districts.
25    Nothing in this Section shall be construed to decrease or
26increase the percentage of all special education funds that are

 

 

10000SB0001sam003- 234 -LRB100 06371 NHT 24718 a

1allocated annually under Article 1D of this Code or to alter
2the requirement that a school district provide special
3education services.
4    Nothing in this amendatory Act of the 93rd General Assembly
5shall eliminate any reimbursement obligation owed as of the
6effective date of this amendatory Act of the 93rd General
7Assembly to a school district with in excess of 500,000
8inhabitants.
9    Except for reimbursement for individual students with
10disabilities whose program costs exceed 4 times the district's
11per capita tuition rate, no funding shall be provided to school
12districts under this Section after fiscal year 2017.
13(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
 
14    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
15    Sec. 14-13.01. Reimbursement payable by State; amounts for
16personnel and transportation.
17    (a) Through fiscal year 2017, for For staff working on
18behalf of children who have not been identified as eligible for
19special education and for eligible children with physical
20disabilities, including all eligible children whose placement
21has been determined under Section 14-8.02 in hospital or home
22instruction, 1/2 of the teacher's salary but not more than
23$1,000 annually per child or $9,000 per teacher, whichever is
24less.
25    (a-5) A child qualifies for home or hospital instruction if

 

 

10000SB0001sam003- 235 -LRB100 06371 NHT 24718 a

1it is anticipated that, due to a medical condition, the child
2will be unable to attend school, and instead must be instructed
3at home or in the hospital, for a period of 2 or more
4consecutive weeks or on an ongoing intermittent basis. For
5purposes of this Section, "ongoing intermittent basis" means
6that the child's medical condition is of such a nature or
7severity that it is anticipated that the child will be absent
8from school due to the medical condition for periods of at
9least 2 days at a time multiple times during the school year
10totaling at least 10 days or more of absences. There shall be
11no requirement that a child be absent from school a minimum
12number of days before the child qualifies for home or hospital
13instruction. In order to establish eligibility for home or
14hospital services, a student's parent or guardian must submit
15to the child's school district of residence a written statement
16from a physician licensed to practice medicine in all of its
17branches stating the existence of such medical condition, the
18impact on the child's ability to participate in education, and
19the anticipated duration or nature of the child's absence from
20school. Home or hospital instruction may commence upon receipt
21of a written physician's statement in accordance with this
22Section, but instruction shall commence not later than 5 school
23days after the school district receives the physician's
24statement. Special education and related services required by
25the child's IEP or services and accommodations required by the
26child's federal Section 504 plan must be implemented as part of

 

 

10000SB0001sam003- 236 -LRB100 06371 NHT 24718 a

1the child's home or hospital instruction, unless the IEP team
2or federal Section 504 plan team determines that modifications
3are necessary during the home or hospital instruction due to
4the child's condition.
5    (a-10) Through fiscal year 2017, eligible Eligible
6children to be included in any reimbursement under this
7paragraph must regularly receive a minimum of one hour of
8instruction each school day, or in lieu thereof of a minimum of
95 hours of instruction in each school week in order to qualify
10for full reimbursement under this Section. If the attending
11physician for such a child has certified that the child should
12not receive as many as 5 hours of instruction in a school week,
13however, reimbursement under this paragraph on account of that
14child shall be computed proportionate to the actual hours of
15instruction per week for that child divided by 5.
16    (a-15) The State Board of Education shall establish rules
17governing the required qualifications of staff providing home
18or hospital instruction.
19    (b) For children described in Section 14-1.02, 80% of the
20cost of transportation approved as a related service in the
21Individualized Education Program for each student in order to
22take advantage of special educational facilities.
23Transportation costs shall be determined in the same fashion as
24provided in Section 29-5 of this Code, provided that,
25notwithstanding anything to the contrary contained in this
26subsection (b) or Section 29-5 of this Code, the State Board of

 

 

10000SB0001sam003- 237 -LRB100 06371 NHT 24718 a

1Education shall award to a school district having a population
2exceeding 500,000 inhabitants 30.7% of the funds appropriated
3by the General Assembly for any fiscal year for purposes of
4payment of transportation cost claims under this subsection
5(b). For purposes of this subsection (b), the dates for
6processing claims specified in Section 29-5 shall apply.
7    (c) Through fiscal year 2017, for For each qualified
8worker, the annual sum of $9,000.
9    (d) Through fiscal year 2017, for For one full time
10qualified director of the special education program of each
11school district which maintains a fully approved program of
12special education the annual sum of $9,000. Districts
13participating in a joint agreement special education program
14shall not receive such reimbursement if reimbursement is made
15for a director of the joint agreement program.
16    (e) (Blank).
17    (f) (Blank).
18    (g) Through fiscal year 2017, for For readers, working with
19blind or partially seeing children 1/2 of their salary but not
20more than $400 annually per child. Readers may be employed to
21assist such children and shall not be required to be certified
22but prior to employment shall meet standards set up by the
23State Board of Education.
24    (h) Through fiscal year 2017, for For non-certified
25employees, as defined by rules promulgated by the State Board
26of Education, who deliver services to students with IEPs, 1/2

 

 

10000SB0001sam003- 238 -LRB100 06371 NHT 24718 a

1of the salary paid or $3,500 per employee, whichever is less.
2    (i) The State Board of Education shall set standards and
3prescribe rules for determining the allocation of
4reimbursement under this section on less than a full time basis
5and for less than a school year.
6    When any school district eligible for reimbursement under
7this Section operates a school or program approved by the State
8Superintendent of Education for a number of days in excess of
9the adopted school calendar but not to exceed 235 school days,
10such reimbursement shall be increased by 1/180 of the amount or
11rate paid hereunder for each day such school is operated in
12excess of 180 days per calendar year.
13    Notwithstanding any other provision of law, any school
14district receiving a payment under this Section or under
15Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
16all or a portion of the funds that it receives in a particular
17fiscal year or from evidence-based funding general State aid
18pursuant to Section 18-8.15 18-8.05 of this Code as funds
19received in connection with any funding program for which it is
20entitled to receive funds from the State in that fiscal year
21(including, without limitation, any funding program referenced
22in this Section), regardless of the source or timing of the
23receipt. The district may not classify more funds as funds
24received in connection with the funding program than the
25district is entitled to receive in that fiscal year for that
26program. Any classification by a district must be made by a

 

 

10000SB0001sam003- 239 -LRB100 06371 NHT 24718 a

1resolution of its board of education. The resolution must
2identify the amount of any payments or evidence-based funding
3general State aid to be classified under this paragraph and
4must specify the funding program to which the funds are to be
5treated as received in connection therewith. This resolution is
6controlling as to the classification of funds referenced
7therein. A certified copy of the resolution must be sent to the
8State Superintendent of Education. The resolution shall still
9take effect even though a copy of the resolution has not been
10sent to the State Superintendent of Education in a timely
11manner. No classification under this paragraph by a district
12shall affect the total amount or timing of money the district
13is entitled to receive under this Code. No classification under
14this paragraph by a district shall in any way relieve the
15district from or affect any requirements that otherwise would
16apply with respect to that funding program, including any
17accounting of funds by source, reporting expenditures by
18original source and purpose, reporting requirements, or
19requirements of providing services.
20(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
21    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
22    Sec. 14C-1. The General Assembly finds that there are large
23numbers of children in this State who come from environments
24where the primary language is other than English. Experience
25has shown that public school classes in which instruction is

 

 

10000SB0001sam003- 240 -LRB100 06371 NHT 24718 a

1given only in English are often inadequate for the education of
2children whose native tongue is another language. The General
3Assembly believes that a program of transitional bilingual
4education can meet the needs of these children and facilitate
5their integration into the regular public school curriculum.
6Therefore, pursuant to the policy of this State to ensure equal
7educational opportunity to every child, and in recognition of
8the educational needs of English learners, it is the purpose of
9this Act to provide for the establishment of transitional
10bilingual education programs in the public schools, to provide
11supplemental financial assistance through fiscal year 2017 to
12help local school districts meet the extra costs of such
13programs, and to allow this State to directly or indirectly
14provide technical assistance and professional development to
15support transitional bilingual education programs statewide.
16(Source: P.A. 99-30, eff. 7-10-15.)
 
17    (105 ILCS 5/14C-12)  (from Ch. 122, par. 14C-12)
18    Sec. 14C-12. Account of expenditures; Cost report;
19Reimbursement. Each school district with at least one English
20learner shall keep an accurate, detailed and separate account
21of all monies paid out by it for the programs in transitional
22bilingual education required or permitted by this Article,
23including transportation costs, and shall annually report
24thereon for the school year ending June 30 indicating the
25average per pupil expenditure. Through fiscal year 2017, each

 

 

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1Each school district shall be reimbursed for the amount by
2which such costs exceed the average per pupil expenditure by
3such school district for the education of children of
4comparable age who are not in any special education program. No
5funding shall be provided to school districts under this
6Section after fiscal year 2017. In fiscal year 2018 and each
7fiscal year thereafter, all funding received by a school
8district from the State pursuant to Section 18-8.15 of this
9Code that is attributable to instructions, supports, and
10interventions for English learner pupils must be used for
11programs and services authorized under this Article. At least
1260% of transitional bilingual education funding received from
13the State must be used for the instructional costs of programs
14and services authorized under this Article transitional
15bilingual education.
16    Applications for preapproval for reimbursement for costs
17of transitional bilingual education programs must be submitted
18to the State Superintendent of Education at least 60 days
19before a transitional bilingual education program is started,
20unless a justifiable exception is granted by the State
21Superintendent of Education. Applications shall set forth a
22plan for transitional bilingual education established and
23maintained in accordance with this Article.
24    Through fiscal year 2017, reimbursement Reimbursement
25claims for transitional bilingual education programs shall be
26made as follows:

 

 

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1    Each school district shall claim reimbursement on a current
2basis for the first 3 quarters of the fiscal year and file a
3final adjusted claim for the school year ended June 30
4preceding computed in accordance with rules prescribed by the
5State Superintendent's Office. The State Superintendent of
6Education before approving any such claims shall determine
7their accuracy and whether they are based upon services and
8facilities provided under approved programs. Upon approval he
9shall transmit to the Comptroller the vouchers showing the
10amounts due for school district reimbursement claims. Upon
11receipt of the final adjusted claims the State Superintendent
12of Education shall make a final determination of the accuracy
13of such claims. If the money appropriated by the General
14Assembly for such purpose for any year is insufficient, it
15shall be apportioned on the basis of the claims approved.
16    Failure on the part of the school district to prepare and
17certify the final adjusted claims due under this Section may
18constitute a forfeiture by the school district of its right to
19be reimbursed by the State under this Section.
20(Source: P.A. 96-1170, eff. 1-1-11.)
 
21    (105 ILCS 5/17-1)  (from Ch. 122, par. 17-1)
22    Sec. 17-1. Annual Budget. The board of education of each
23school district under 500,000 inhabitants shall, within or
24before the first quarter of each fiscal year, adopt and file
25with the State Board of Education an annual balanced budget

 

 

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1which it deems necessary to defray all necessary expenses and
2liabilities of the district, and in such annual budget shall
3specify the objects and purposes of each item and amount needed
4for each object or purpose.
5    The budget shall be entered upon a School District Budget
6form prepared and provided by the State Board of Education and
7therein shall contain a statement of the cash on hand at the
8beginning of the fiscal year, an estimate of the cash expected
9to be received during such fiscal year from all sources, an
10estimate of the expenditures contemplated for such fiscal year,
11and a statement of the estimated cash expected to be on hand at
12the end of such year. The estimate of taxes to be received may
13be based upon the amount of actual cash receipts that may
14reasonably be expected by the district during such fiscal year,
15estimated from the experience of the district in prior years
16and with due regard for other circumstances that may
17substantially affect such receipts. Nothing in this Section
18shall be construed as requiring any district to change or
19preventing any district from changing from a cash basis of
20financing to a surplus or deficit basis of financing; or as
21requiring any district to change or preventing any district
22from changing its system of accounting. The budget shall
23conform to the requirements adopted by the State Board of
24Education pursuant to Section 2-3.28 of this Code.
25    To the extent that a school district's budget is not
26balanced, the district shall also adopt and file with the State

 

 

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1Board of Education a deficit reduction plan to balance the
2district's budget within 3 years. The deficit reduction plan
3must be filed at the same time as the budget, but the State
4Superintendent of Education may extend this deadline if the
5situation warrants.
6    If, as the result of an audit performed in compliance with
7Section 3-7 of this Code, the resulting Annual Financial Report
8required to be submitted pursuant to Section 3-15.1 of this
9Code reflects a deficit as defined for purposes of the
10preceding paragraph, then the district shall, within 30 days
11after acceptance of such audit report, submit a deficit
12reduction plan.
13    The board of education of each district shall fix a fiscal
14year therefor. If the beginning of the fiscal year of a
15district is subsequent to the time that the tax levy due to be
16made in such fiscal year shall be made, then such annual budget
17shall be adopted prior to the time such tax levy shall be made.
18The failure by a board of education of any district to adopt an
19annual budget, or to comply in any respect with the provisions
20of this Section, shall not affect the validity of any tax levy
21of the district otherwise in conformity with the law. With
22respect to taxes levied either before, on, or after the
23effective date of this amendatory Act of the 91st General
24Assembly, (i) a tax levy is made for the fiscal year in which
25the levy is due to be made regardless of which fiscal year the
26proceeds of the levy are expended or are intended to be

 

 

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1expended, and (ii) except as otherwise provided by law, a board
2of education's adoption of an annual budget in conformity with
3this Section is not a prerequisite to the adoption of a valid
4tax levy and is not a limit on the amount of the levy.
5    Such budget shall be prepared in tentative form by some
6person or persons designated by the board, and in such
7tentative form shall be made conveniently available to public
8inspection for at least 30 days prior to final action thereon.
9At least 1 public hearing shall be held as to such budget prior
10to final action thereon. Notice of availability for public
11inspection and of such public hearing shall be given by
12publication in a newspaper published in such district, at least
1330 days prior to the time of such hearing. If there is no
14newspaper published in such district, notice of such public
15hearing shall be given by posting notices thereof in 5 of the
16most public places in such district. It shall be the duty of
17the secretary of such board to make such tentative budget
18available to public inspection, and to arrange for such public
19hearing. The board may from time to time make transfers between
20the various items in any fund not exceeding in the aggregate
2110% of the total of such fund as set forth in the budget. The
22board may from time to time amend such budget by the same
23procedure as is herein provided for its original adoption.
24    Beginning July 1, 1976, the board of education, or regional
25superintendent, or governing board responsible for the
26administration of a joint agreement shall, by September 1 of

 

 

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1each fiscal year thereafter, adopt an annual budget for the
2joint agreement in the same manner and subject to the same
3requirements as are provided in this Section.
4    The State Board of Education shall exercise powers and
5duties relating to budgets as provided in Section 2-3.27 of
6this Code and shall require school districts to submit their
7annual budgets, deficit reduction plans, and other financial
8information, including revenue and expenditure reports and
9borrowing and interfund transfer plans, in such form and within
10the timelines designated by the State Board of Education.
11    By fiscal year 1982 all school districts shall use the
12Program Budget Accounting System.
13    In the case of a school district receiving emergency State
14financial assistance under Article 1B, the school board shall
15also be subject to the requirements established under Article
161B with respect to the annual budget.
17(Source: P.A. 97-429, eff. 8-16-11.)
 
18    (105 ILCS 5/17-1.2)
19    Sec. 17-1.2. Post annual budget on web site. If a school
20district has an Internet web site, the school district shall
21post its current annual budget, itemized by receipts and
22expenditures, on the district's Internet web site. The budget
23shall include information conforming to the rules adopted by
24the State Board of Education pursuant to Section 2-3.28 of this
25Code. The school district shall notify the parents or guardians

 

 

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1of its students that the budget has been posted on the
2district's web site and what the web site's address is.
3(Source: P.A. 92-438, eff. 1-1-02.)
 
4    (105 ILCS 5/17-1.5)
5    Sec. 17-1.5. Limitation of administrative costs.
6    (a) It is the purpose of this Section to establish
7limitations on the growth of administrative expenditures in
8order to maximize the proportion of school district resources
9available for the instructional program, building maintenance,
10and safety services for the students of each district.
11    (b) Definitions. For the purposes of this Section:
12    "Administrative expenditures" mean the annual expenditures
13of school districts properly attributable to expenditure
14functions defined by the rules of the State Board of Education
15as: 2320 (Executive Administration Services); 2330 (Special
16Area Administration Services); 2490 (Other Support Services -
17School Administration); 2510 (Direction of Business Support
18Services); 2570 (Internal Services); and 2610 (Direction of
19Central Support Services); provided, however, that
20"administrative expenditures" shall not include early
21retirement or other pension system obligations required by
22State law.
23    "School district" means all school districts having a
24population of less than 500,000.
25    (c) For the 1998-99 school year and each school year

 

 

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1thereafter, each school district shall undertake budgetary and
2expenditure control actions so that the increase in
3administrative expenditures for that school year over the prior
4school year does not exceed 5%. School districts with
5administrative expenditures per pupil in the 25th percentile
6and below for all districts of the same type, as defined by the
7State Board of Education, may waive the limitation imposed
8under this Section for any year following a public hearing and
9with the affirmative vote of at least two-thirds of the members
10of the school board of the district. Any district waiving the
11limitation shall notify the State Board within 45 days of such
12action.
13    (d) School districts shall file with the State Board of
14Education by November 15, 1998 and by each November 15th
15thereafter a one-page report that lists (i) the actual
16administrative expenditures for the prior year from the
17district's audited Annual Financial Report, and (ii) the
18projected administrative expenditures for the current year
19from the budget adopted by the school board pursuant to Section
2017-1 of this Code.
21    If a school district that is ineligible to waive the
22limitation imposed by subsection (c) of this Section by board
23action exceeds the limitation solely because of circumstances
24beyond the control of the district and the district has
25exhausted all available and reasonable remedies to comply with
26the limitation, the district may request a waiver pursuant to

 

 

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1Section 2-3.25g. The waiver application shall specify the
2amount, nature, and reason for the relief requested, as well as
3all remedies the district has exhausted to comply with the
4limitation. Any emergency relief so requested shall apply only
5to the specific school year for which the request is made. The
6State Board of Education shall analyze all such waivers
7submitted and shall recommend that the General Assembly
8disapprove any such waiver requested that is not due solely to
9circumstances beyond the control of the district and for which
10the district has not exhausted all available and reasonable
11remedies to comply with the limitation. The State
12Superintendent shall have no authority to impose any sanctions
13pursuant to this Section for any expenditures for which a
14waiver has been requested until such waiver has been reviewed
15by the General Assembly.
16    If the report and information required under this
17subsection (d) are not provided by the school district in a
18timely manner, or are subsequently determined by the State
19Superintendent of Education to be incomplete or inaccurate, the
20State Superintendent shall notify the district in writing of
21reporting deficiencies. The school district shall, within 60
22days of the notice, address the reporting deficiencies
23identified.
24    (e) If the State Superintendent determines that a school
25district has failed to comply with the administrative
26expenditure limitation imposed in subsection (c) of this

 

 

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1Section, the State Superintendent shall notify the district of
2the violation and direct the district to undertake corrective
3action to bring the district's budget into compliance with the
4administrative expenditure limitation. The district shall,
5within 60 days of the notice, provide adequate assurance to the
6State Superintendent that appropriate corrective actions have
7been or will be taken. If the district fails to provide
8adequate assurance or fails to undertake the necessary
9corrective actions, the State Superintendent may impose
10progressive sanctions against the district that may culminate
11in withholding all subsequent payments of general State aid due
12the district under Section 18-8.05 of this Code or
13evidence-based funding due the district under Section 18-8.15
14of this Code until the assurance is provided or the corrective
15actions taken.
16    (f) The State Superintendent shall publish a list each year
17of the school districts that violate the limitation imposed by
18subsection (c) of this Section and a list of the districts that
19waive the limitation by board action as provided in subsection
20(c) of this Section.
21(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
 
22    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
23    Sec. 17-2.11. School board power to levy a tax or to borrow
24money and issue bonds for fire prevention, safety, energy
25conservation, accessibility, school security, and specified

 

 

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1repair purposes.
2    (a) Whenever, as a result of any lawful order of any
3agency, other than a school board, having authority to enforce
4any school building code applicable to any facility that houses
5students, or any law or regulation for the protection and
6safety of the environment, pursuant to the Environmental
7Protection Act, any school district having a population of less
8than 500,000 inhabitants is required to alter or reconstruct
9any school building or permanent, fixed equipment; the district
10may, by proper resolution, levy a tax for the purpose of making
11such alteration or reconstruction, based on a survey report by
12an architect or engineer licensed in this State, upon all of
13the taxable property of the district at the value as assessed
14by the Department of Revenue and at a rate not to exceed 0.05%
15per year for a period sufficient to finance such alteration or
16reconstruction, upon the following conditions:
17        (1) When there are not sufficient funds available in
18    the operations and maintenance fund of the school district,
19    the school facility occupation tax fund of the district, or
20    the fire prevention and safety fund of the district, as
21    determined by the district on the basis of rules adopted by
22    the State Board of Education, to make such alteration or
23    reconstruction or to purchase and install such permanent,
24    fixed equipment so ordered or determined as necessary.
25    Appropriate school district records must be made available
26    to the State Superintendent of Education, upon request, to

 

 

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1    confirm this insufficiency.
2        (2) When a certified estimate of an architect or
3    engineer licensed in this State stating the estimated
4    amount necessary to make the alteration or reconstruction
5    or to purchase and install the equipment so ordered has
6    been secured by the school district, and the estimate has
7    been approved by the regional superintendent of schools
8    having jurisdiction over the district and the State
9    Superintendent of Education. Approval must not be granted
10    for any work that has already started without the prior
11    express authorization of the State Superintendent of
12    Education. If the estimate is not approved or is denied
13    approval by the regional superintendent of schools within 3
14    months after the date on which it is submitted to him or
15    her, the school board of the district may submit the
16    estimate directly to the State Superintendent of Education
17    for approval or denial.
18    In the case of an emergency situation, where the estimated
19cost to effectuate emergency repairs is less than the amount
20specified in Section 10-20.21 of this Code, the school district
21may proceed with such repairs prior to approval by the State
22Superintendent of Education, but shall comply with the
23provisions of subdivision (2) of this subsection (a) as soon
24thereafter as may be as well as Section 10-20.21 of this Code.
25If the estimated cost to effectuate emergency repairs is
26greater than the amount specified in Section 10-20.21 of this

 

 

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1Code, then the school district shall proceed in conformity with
2Section 10-20.21 of this Code and with rules established by the
3State Board of Education to address such situations. The rules
4adopted by the State Board of Education to deal with these
5situations shall stipulate that emergency situations must be
6expedited and given priority consideration. For purposes of
7this paragraph, an emergency is a situation that presents an
8imminent and continuing threat to the health and safety of
9students or other occupants of a facility, requires complete or
10partial evacuation of a building or part of a building, or
11consumes one or more of the 5 emergency days built into the
12adopted calendar of the school or schools or would otherwise be
13expected to cause such school or schools to fall short of the
14minimum school calendar requirements.
15    (b) Whenever any such district determines that it is
16necessary for energy conservation purposes that any school
17building or permanent, fixed equipment should be altered or
18reconstructed and that such alterations or reconstruction will
19be made with funds not necessary for the completion of approved
20and recommended projects contained in any safety survey report
21or amendments thereto authorized by Section 2-3.12 of this Act;
22the district may levy a tax or issue bonds as provided in
23subsection (a) of this Section.
24    (c) Whenever any such district determines that it is
25necessary for accessibility purposes and to comply with the
26school building code that any school building or equipment

 

 

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1should be altered or reconstructed and that such alterations or
2reconstruction will be made with funds not necessary for the
3completion of approved and recommended projects contained in
4any safety survey report or amendments thereto authorized under
5Section 2-3.12 of this Act, the district may levy a tax or
6issue bonds as provided in subsection (a) of this Section.
7    (d) Whenever any such district determines that it is
8necessary for school security purposes and the related
9protection and safety of pupils and school personnel that any
10school building or property should be altered or reconstructed
11or that security systems and equipment (including but not
12limited to intercom, early detection and warning, access
13control and television monitoring systems) should be purchased
14and installed, and that such alterations, reconstruction or
15purchase and installation of equipment will be made with funds
16not necessary for the completion of approved and recommended
17projects contained in any safety survey report or amendment
18thereto authorized by Section 2-3.12 of this Act and will deter
19and prevent unauthorized entry or activities upon school
20property by unknown or dangerous persons, assure early
21detection and advance warning of any such actual or attempted
22unauthorized entry or activities and help assure the continued
23safety of pupils and school staff if any such unauthorized
24entry or activity is attempted or occurs; the district may levy
25a tax or issue bonds as provided in subsection (a) of this
26Section.

 

 

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1    (e) If a school district does not need funds for other fire
2prevention and safety projects, including the completion of
3approved and recommended projects contained in any safety
4survey report or amendments thereto authorized by Section
52-3.12 of this Act, and it is determined after a public hearing
6(which is preceded by at least one published notice (i)
7occurring at least 7 days prior to the hearing in a newspaper
8of general circulation within the school district and (ii)
9setting forth the time, date, place, and general subject matter
10of the hearing) that there is a substantial, immediate, and
11otherwise unavoidable threat to the health, safety, or welfare
12of pupils due to disrepair of school sidewalks, playgrounds,
13parking lots, or school bus turnarounds and repairs must be
14made; then the district may levy a tax or issue bonds as
15provided in subsection (a) of this Section.
16    (f) For purposes of this Section a school district may
17replace a school building or build additions to replace
18portions of a building when it is determined that the
19effectuation of the recommendations for the existing building
20will cost more than the replacement costs. Such determination
21shall be based on a comparison of estimated costs made by an
22architect or engineer licensed in the State of Illinois. The
23new building or addition shall be equivalent in area (square
24feet) and comparable in purpose and grades served and may be on
25the same site or another site. Such replacement may only be
26done upon order of the regional superintendent of schools and

 

 

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1the approval of the State Superintendent of Education.
2    (g) The filing of a certified copy of the resolution
3levying the tax when accompanied by the certificates of the
4regional superintendent of schools and State Superintendent of
5Education shall be the authority of the county clerk to extend
6such tax.
7    (h) The county clerk of the county in which any school
8district levying a tax under the authority of this Section is
9located, in reducing raised levies, shall not consider any such
10tax as a part of the general levy for school purposes and shall
11not include the same in the limitation of any other tax rate
12which may be extended.
13    Such tax shall be levied and collected in like manner as
14all other taxes of school districts, subject to the provisions
15contained in this Section.
16    (i) The tax rate limit specified in this Section may be
17increased to .10% upon the approval of a proposition to effect
18such increase by a majority of the electors voting on that
19proposition at a regular scheduled election. Such proposition
20may be initiated by resolution of the school board and shall be
21certified by the secretary to the proper election authorities
22for submission in accordance with the general election law.
23    (j) When taxes are levied by any school district for fire
24prevention, safety, energy conservation, and school security
25purposes as specified in this Section, and the purposes for
26which the taxes have been levied are accomplished and paid in

 

 

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1full, and there remain funds on hand in the Fire Prevention and
2Safety Fund from the proceeds of the taxes levied, including
3interest earnings thereon, the school board by resolution shall
4use such excess and other board restricted funds, excluding
5bond proceeds and earnings from such proceeds, as follows:
6        (1) for other authorized fire prevention, safety,
7    energy conservation, required safety inspections, school
8    security purposes, sampling for lead in drinking water in
9    schools, and for repair and mitigation due to lead levels
10    in the drinking water supply; or
11        (2) for transfer to the Operations and Maintenance Fund
12    for the purpose of abating an equal amount of operations
13    and maintenance purposes taxes.
14Notwithstanding subdivision (2) of this subsection (j) and
15subsection (k) of this Section, through June 30, 2020 2019, the
16school board may, by proper resolution following a public
17hearing set by the school board or the president of the school
18board (that is preceded (i) by at least one published notice
19over the name of the clerk or secretary of the board, occurring
20at least 7 days and not more than 30 days prior to the hearing,
21in a newspaper of general circulation within the school
22district and (ii) by posted notice over the name of the clerk
23or secretary of the board, at least 48 hours before the
24hearing, at the principal office of the school board or at the
25building where the hearing is to be held if a principal office
26does not exist, with both notices setting forth the time, date,

 

 

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1place, and subject matter of the hearing), transfer surplus
2life safety taxes and interest earnings thereon to the
3Operations and Maintenance Fund for building repair work.
4    (k) If any transfer is made to the Operation and
5Maintenance Fund, the secretary of the school board shall
6within 30 days notify the county clerk of the amount of that
7transfer and direct the clerk to abate the taxes to be extended
8for the purposes of operations and maintenance authorized under
9Section 17-2 of this Act by an amount equal to such transfer.
10    (l) If the proceeds from the tax levy authorized by this
11Section are insufficient to complete the work approved under
12this Section, the school board is authorized to sell bonds
13without referendum under the provisions of this Section in an
14amount that, when added to the proceeds of the tax levy
15authorized by this Section, will allow completion of the
16approved work.
17    (m) Any bonds issued pursuant to this Section shall bear
18interest at a rate not to exceed the maximum rate authorized by
19law at the time of the making of the contract, shall mature
20within 20 years from date, and shall be signed by the president
21of the school board and the treasurer of the school district.
22    (n) In order to authorize and issue such bonds, the school
23board shall adopt a resolution fixing the amount of bonds, the
24date thereof, the maturities thereof, rates of interest
25thereof, place of payment and denomination, which shall be in
26denominations of not less than $100 and not more than $5,000,

 

 

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1and provide for the levy and collection of a direct annual tax
2upon all the taxable property in the school district sufficient
3to pay the principal and interest on such bonds to maturity.
4Upon the filing in the office of the county clerk of the county
5in which the school district is located of a certified copy of
6the resolution, it is the duty of the county clerk to extend
7the tax therefor in addition to and in excess of all other
8taxes heretofore or hereafter authorized to be levied by such
9school district.
10    (o) After the time such bonds are issued as provided for by
11this Section, if additional alterations or reconstructions are
12required to be made because of surveys conducted by an
13architect or engineer licensed in the State of Illinois, the
14district may levy a tax at a rate not to exceed .05% per year
15upon all the taxable property of the district or issue
16additional bonds, whichever action shall be the most feasible.
17    (p) This Section is cumulative and constitutes complete
18authority for the issuance of bonds as provided in this Section
19notwithstanding any other statute or law to the contrary.
20    (q) With respect to instruments for the payment of money
21issued under this Section either before, on, or after the
22effective date of Public Act 86-004 (June 6, 1989), it is, and
23always has been, the intention of the General Assembly (i) that
24the Omnibus Bond Acts are, and always have been, supplementary
25grants of power to issue instruments in accordance with the
26Omnibus Bond Acts, regardless of any provision of this Act that

 

 

10000SB0001sam003- 260 -LRB100 06371 NHT 24718 a

1may appear to be or to have been more restrictive than those
2Acts, (ii) that the provisions of this Section are not a
3limitation on the supplementary authority granted by the
4Omnibus Bond Acts, and (iii) that instruments issued under this
5Section within the supplementary authority granted by the
6Omnibus Bond Acts are not invalid because of any provision of
7this Act that may appear to be or to have been more restrictive
8than those Acts.
9    (r) When the purposes for which the bonds are issued have
10been accomplished and paid for in full and there remain funds
11on hand from the proceeds of the bond sale and interest
12earnings therefrom, the board shall, by resolution, use such
13excess funds in accordance with the provisions of Section
1410-22.14 of this Act.
15    (s) Whenever any tax is levied or bonds issued for fire
16prevention, safety, energy conservation, and school security
17purposes, such proceeds shall be deposited and accounted for
18separately within the Fire Prevention and Safety Fund.
19(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
2099-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff.
211-17-17.)
 
22    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
23    Sec. 17-2A. Interfund transfers.
24    (a) The school board of any district having a population of
25less than 500,000 inhabitants may, by proper resolution

 

 

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1following a public hearing set by the school board or the
2president of the school board (that is preceded (i) by at least
3one published notice over the name of the clerk or secretary of
4the board, occurring at least 7 days and not more than 30 days
5prior to the hearing, in a newspaper of general circulation
6within the school district and (ii) by posted notice over the
7name of the clerk or secretary of the board, at least 48 hours
8before the hearing, at the principal office of the school board
9or at the building where the hearing is to be held if a
10principal office does not exist, with both notices setting
11forth the time, date, place, and subject matter of the
12hearing), transfer money from (1) the Educational Fund to the
13Operations and Maintenance Fund or the Transportation Fund, (2)
14the Operations and Maintenance Fund to the Educational Fund or
15the Transportation Fund, (3) the Transportation Fund to the
16Educational Fund or the Operations and Maintenance Fund, or (4)
17the Tort Immunity Fund to the Operations and Maintenance Fund
18of said district, provided that, except during the period from
19July 1, 2003 through June 30, 2020 2019, such transfer is made
20solely for the purpose of meeting one-time, non-recurring
21expenses. Except during the period from July 1, 2003 through
22June 30, 2020 2019 and except as otherwise provided in
23subsection (b) of this Section, any other permanent interfund
24transfers authorized by any provision or judicial
25interpretation of this Code for which the transferee fund is
26not precisely and specifically set forth in the provision of

 

 

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1this Code authorizing such transfer shall be made to the fund
2of the school district most in need of the funds being
3transferred, as determined by resolution of the school board.
4    (b) (Blank).
5    (c) Notwithstanding subsection (a) of this Section or any
6other provision of this Code to the contrary, the school board
7of any school district (i) that is subject to the Property Tax
8Extension Limitation Law, (ii) that is an elementary district
9servicing students in grades K through 8, (iii) whose territory
10is in one county, (iv) that is eligible for Section 7002
11Federal Impact Aid, and (v) that has no more than $81,000 in
12funds remaining from refinancing bonds that were refinanced a
13minimum of 5 years prior to January 20, 2017 (the effective
14date of Public Act 99-926) this amendatory Act of the 99th
15General Assembly may make a one-time transfer of the funds
16remaining from the refinancing bonds to the Operations and
17Maintenance Fund of the district by proper resolution following
18a public hearing set by the school board or the president of
19the school board, with notice as provided in subsection (a) of
20this Section, so long as the district meets the qualifications
21set forth in this subsection (c) on January 20, 2017 (the
22effective date of Public Act 99-926) this amendatory Act of the
2399th General Assembly.
24(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
25eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17;
26revised 1-23-17.)
 

 

 

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1    (105 ILCS 5/17-3.6 new)
2    Sec. 17-3.6. Educational purposes tax rate for school
3districts subject to Property Tax Extension Limitation Law.
4Notwithstanding the provisions, requirements, or limitations
5of this Code or any other law, any tax levied for educational
6purposes by a school district subject to the Property Tax
7Extension Limitation Law for the 2016 levy year or any
8subsequent levy year may be extended at a rate exceeding the
9rate established for educational purposes by referendum or this
10Code, provided that the rate does not cause the school district
11to exceed the limiting rate applicable to the school district
12under the Property Tax Extension Limitation Law for that levy
13year.
 
14    (105 ILCS 5/18-4.3)  (from Ch. 122, par. 18-4.3)
15    Sec. 18-4.3. Summer school grants. Through fiscal year
162017, grants Grants shall be determined for pupil attendance in
17summer schools conducted under Sections 10-22.33A and 34-18 and
18approved under Section 2-3.25 in the following manner.
19    The amount of grant for each accredited summer school
20attendance pupil shall be obtained by dividing the total amount
21of apportionments determined under Section 18-8.05 by the
22actual number of pupils in average daily attendance used for
23such apportionments. The number of credited summer school
24attendance pupils shall be determined (a) by counting clock

 

 

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1hours of class instruction by pupils enrolled in grades 1
2through 12 in approved courses conducted at least 60 clock
3hours in summer sessions; (b) by dividing such total of clock
4hours of class instruction by 4 to produce days of credited
5pupil attendance; (c) by dividing such days of credited pupil
6attendance by the actual number of days in the regular term as
7used in computation in the general apportionment in Section
818-8.05; and (d) by multiplying by 1.25.
9    The amount of the grant for a summer school program
10approved by the State Superintendent of Education for children
11with disabilities, as defined in Sections 14-1.02 through
1214-1.07, shall be determined in the manner contained above
13except that average daily membership shall be utilized in lieu
14of average daily attendance.
15    In the case of an apportionment based on summer school
16attendance or membership pupils, the claim therefor shall be
17presented as a separate claim for the particular school year in
18which such summer school session ends. On or before November 1
19of each year the superintendent of each eligible school
20district shall certify to the State Superintendent of Education
21the claim of the district for the summer session just ended.
22Failure on the part of the school board to so certify shall
23constitute a forfeiture of its right to such payment. The State
24Superintendent of Education shall transmit to the Comptroller
25no later than December 15th of each year vouchers for payment
26of amounts due school districts for summer school. The State

 

 

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1Superintendent of Education shall direct the Comptroller to
2draw his warrants for payments thereof by the 30th day of
3December. If the money appropriated by the General Assembly for
4such purpose for any year is insufficient, it shall be
5apportioned on the basis of claims approved.
6    However, notwithstanding the foregoing provisions, for
7each fiscal year the money appropriated by the General Assembly
8for the purposes of this Section shall only be used for grants
9for approved summer school programs for those children with
10disabilities served pursuant to Section 14-7.02 or 14-7.02b of
11this Code.
12    No funding shall be provided to school districts under this
13Section after fiscal year 2017.
14(Source: P.A. 93-1022, eff. 8-24-04.)
 
15    (105 ILCS 5/18-8.05)
16    Sec. 18-8.05. Basis for apportionment of general State
17financial aid and supplemental general State aid to the common
18schools for the 1998-1999 through the 2016-2017 and subsequent
19school years.
 
20(A) General Provisions.
21    (1) The provisions of this Section relating to the
22calculation and apportionment of general State financial aid
23and supplemental general State aid apply to the 1998-1999
24through the 2016-2017 and subsequent school years. The system

 

 

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1of general State financial aid provided for in this Section is
2designed to assure that, through a combination of State
3financial aid and required local resources, the financial
4support provided each pupil in Average Daily Attendance equals
5or exceeds a prescribed per pupil Foundation Level. This
6formula approach imputes a level of per pupil Available Local
7Resources and provides for the basis to calculate a per pupil
8level of general State financial aid that, when added to
9Available Local Resources, equals or exceeds the Foundation
10Level. The amount of per pupil general State financial aid for
11school districts, in general, varies in inverse relation to
12Available Local Resources. Per pupil amounts are based upon
13each school district's Average Daily Attendance as that term is
14defined in this Section.
15    (2) In addition to general State financial aid, school
16districts with specified levels or concentrations of pupils
17from low income households are eligible to receive supplemental
18general State financial aid grants as provided pursuant to
19subsection (H). The supplemental State aid grants provided for
20school districts under subsection (H) shall be appropriated for
21distribution to school districts as part of the same line item
22in which the general State financial aid of school districts is
23appropriated under this Section.
24    (3) To receive financial assistance under this Section,
25school districts are required to file claims with the State
26Board of Education, subject to the following requirements:

 

 

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1        (a) Any school district which fails for any given
2    school year to maintain school as required by law, or to
3    maintain a recognized school is not eligible to file for
4    such school year any claim upon the Common School Fund. In
5    case of nonrecognition of one or more attendance centers in
6    a school district otherwise operating recognized schools,
7    the claim of the district shall be reduced in the
8    proportion which the Average Daily Attendance in the
9    attendance center or centers bear to the Average Daily
10    Attendance in the school district. A "recognized school"
11    means any public school which meets the standards as
12    established for recognition by the State Board of
13    Education. A school district or attendance center not
14    having recognition status at the end of a school term is
15    entitled to receive State aid payments due upon a legal
16    claim which was filed while it was recognized.
17        (b) School district claims filed under this Section are
18    subject to Sections 18-9 and 18-12, except as otherwise
19    provided in this Section.
20        (c) If a school district operates a full year school
21    under Section 10-19.1, the general State aid to the school
22    district shall be determined by the State Board of
23    Education in accordance with this Section as near as may be
24    applicable.
25        (d) (Blank).
26    (4) Except as provided in subsections (H) and (L), the

 

 

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1board of any district receiving any of the grants provided for
2in this Section may apply those funds to any fund so received
3for which that board is authorized to make expenditures by law.
4    School districts are not required to exert a minimum
5Operating Tax Rate in order to qualify for assistance under
6this Section.
7    (5) As used in this Section the following terms, when
8capitalized, shall have the meaning ascribed herein:
9        (a) "Average Daily Attendance": A count of pupil
10    attendance in school, averaged as provided for in
11    subsection (C) and utilized in deriving per pupil financial
12    support levels.
13        (b) "Available Local Resources": A computation of
14    local financial support, calculated on the basis of Average
15    Daily Attendance and derived as provided pursuant to
16    subsection (D).
17        (c) "Corporate Personal Property Replacement Taxes":
18    Funds paid to local school districts pursuant to "An Act in
19    relation to the abolition of ad valorem personal property
20    tax and the replacement of revenues lost thereby, and
21    amending and repealing certain Acts and parts of Acts in
22    connection therewith", certified August 14, 1979, as
23    amended (Public Act 81-1st S.S.-1).
24        (d) "Foundation Level": A prescribed level of per pupil
25    financial support as provided for in subsection (B).
26        (e) "Operating Tax Rate": All school district property

 

 

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1    taxes extended for all purposes, except Bond and Interest,
2    Summer School, Rent, Capital Improvement, and Vocational
3    Education Building purposes.
 
4(B) Foundation Level.
5    (1) The Foundation Level is a figure established by the
6State representing the minimum level of per pupil financial
7support that should be available to provide for the basic
8education of each pupil in Average Daily Attendance. As set
9forth in this Section, each school district is assumed to exert
10a sufficient local taxing effort such that, in combination with
11the aggregate of general State financial aid provided the
12district, an aggregate of State and local resources are
13available to meet the basic education needs of pupils in the
14district.
15    (2) For the 1998-1999 school year, the Foundation Level of
16support is $4,225. For the 1999-2000 school year, the
17Foundation Level of support is $4,325. For the 2000-2001 school
18year, the Foundation Level of support is $4,425. For the
192001-2002 school year and 2002-2003 school year, the Foundation
20Level of support is $4,560. For the 2003-2004 school year, the
21Foundation Level of support is $4,810. For the 2004-2005 school
22year, the Foundation Level of support is $4,964. For the
232005-2006 school year, the Foundation Level of support is
24$5,164. For the 2006-2007 school year, the Foundation Level of
25support is $5,334. For the 2007-2008 school year, the

 

 

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1Foundation Level of support is $5,734. For the 2008-2009 school
2year, the Foundation Level of support is $5,959.
3    (3) For the 2009-2010 school year and each school year
4thereafter, the Foundation Level of support is $6,119 or such
5greater amount as may be established by law by the General
6Assembly.
 
7(C) Average Daily Attendance.
8    (1) For purposes of calculating general State aid pursuant
9to subsection (E), an Average Daily Attendance figure shall be
10utilized. The Average Daily Attendance figure for formula
11calculation purposes shall be the monthly average of the actual
12number of pupils in attendance of each school district, as
13further averaged for the best 3 months of pupil attendance for
14each school district. In compiling the figures for the number
15of pupils in attendance, school districts and the State Board
16of Education shall, for purposes of general State aid funding,
17conform attendance figures to the requirements of subsection
18(F).
19    (2) The Average Daily Attendance figures utilized in
20subsection (E) shall be the requisite attendance data for the
21school year immediately preceding the school year for which
22general State aid is being calculated or the average of the
23attendance data for the 3 preceding school years, whichever is
24greater. The Average Daily Attendance figures utilized in
25subsection (H) shall be the requisite attendance data for the

 

 

10000SB0001sam003- 271 -LRB100 06371 NHT 24718 a

1school year immediately preceding the school year for which
2general State aid is being calculated.
 
3(D) Available Local Resources.
4    (1) For purposes of calculating general State aid pursuant
5to subsection (E), a representation of Available Local
6Resources per pupil, as that term is defined and determined in
7this subsection, shall be utilized. Available Local Resources
8per pupil shall include a calculated dollar amount representing
9local school district revenues from local property taxes and
10from Corporate Personal Property Replacement Taxes, expressed
11on the basis of pupils in Average Daily Attendance. Calculation
12of Available Local Resources shall exclude any tax amnesty
13funds received as a result of Public Act 93-26.
14    (2) In determining a school district's revenue from local
15property taxes, the State Board of Education shall utilize the
16equalized assessed valuation of all taxable property of each
17school district as of September 30 of the previous year. The
18equalized assessed valuation utilized shall be obtained and
19determined as provided in subsection (G).
20    (3) For school districts maintaining grades kindergarten
21through 12, local property tax revenues per pupil shall be
22calculated as the product of the applicable equalized assessed
23valuation for the district multiplied by 3.00%, and divided by
24the district's Average Daily Attendance figure. For school
25districts maintaining grades kindergarten through 8, local

 

 

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1property tax revenues per pupil shall be calculated as the
2product of the applicable equalized assessed valuation for the
3district multiplied by 2.30%, and divided by the district's
4Average Daily Attendance figure. For school districts
5maintaining grades 9 through 12, local property tax revenues
6per pupil shall be the applicable equalized assessed valuation
7of the district multiplied by 1.05%, and divided by the
8district's Average Daily Attendance figure.
9    For partial elementary unit districts created pursuant to
10Article 11E of this Code, local property tax revenues per pupil
11shall be calculated as the product of the equalized assessed
12valuation for property within the partial elementary unit
13district for elementary purposes, as defined in Article 11E of
14this Code, multiplied by 2.06% and divided by the district's
15Average Daily Attendance figure, plus the product of the
16equalized assessed valuation for property within the partial
17elementary unit district for high school purposes, as defined
18in Article 11E of this Code, multiplied by 0.94% and divided by
19the district's Average Daily Attendance figure.
20    (4) The Corporate Personal Property Replacement Taxes paid
21to each school district during the calendar year one year
22before the calendar year in which a school year begins, divided
23by the Average Daily Attendance figure for that district, shall
24be added to the local property tax revenues per pupil as
25derived by the application of the immediately preceding
26paragraph (3). The sum of these per pupil figures for each

 

 

10000SB0001sam003- 273 -LRB100 06371 NHT 24718 a

1school district shall constitute Available Local Resources as
2that term is utilized in subsection (E) in the calculation of
3general State aid.
 
4(E) Computation of General State Aid.
5    (1) For each school year, the amount of general State aid
6allotted to a school district shall be computed by the State
7Board of Education as provided in this subsection.
8    (2) For any school district for which Available Local
9Resources per pupil is less than the product of 0.93 times the
10Foundation Level, general State aid for that district shall be
11calculated as an amount equal to the Foundation Level minus
12Available Local Resources, multiplied by the Average Daily
13Attendance of the school district.
14    (3) For any school district for which Available Local
15Resources per pupil is equal to or greater than the product of
160.93 times the Foundation Level and less than the product of
171.75 times the Foundation Level, the general State aid per
18pupil shall be a decimal proportion of the Foundation Level
19derived using a linear algorithm. Under this linear algorithm,
20the calculated general State aid per pupil shall decline in
21direct linear fashion from 0.07 times the Foundation Level for
22a school district with Available Local Resources equal to the
23product of 0.93 times the Foundation Level, to 0.05 times the
24Foundation Level for a school district with Available Local
25Resources equal to the product of 1.75 times the Foundation

 

 

10000SB0001sam003- 274 -LRB100 06371 NHT 24718 a

1Level. The allocation of general State aid for school districts
2subject to this paragraph 3 shall be the calculated general
3State aid per pupil figure multiplied by the Average Daily
4Attendance of the school district.
5    (4) For any school district for which Available Local
6Resources per pupil equals or exceeds the product of 1.75 times
7the Foundation Level, the general State aid for the school
8district shall be calculated as the product of $218 multiplied
9by the Average Daily Attendance of the school district.
10    (5) The amount of general State aid allocated to a school
11district for the 1999-2000 school year meeting the requirements
12set forth in paragraph (4) of subsection (G) shall be increased
13by an amount equal to the general State aid that would have
14been received by the district for the 1998-1999 school year by
15utilizing the Extension Limitation Equalized Assessed
16Valuation as calculated in paragraph (4) of subsection (G) less
17the general State aid allotted for the 1998-1999 school year.
18This amount shall be deemed a one time increase, and shall not
19affect any future general State aid allocations.
 
20(F) Compilation of Average Daily Attendance.
21    (1) Each school district shall, by July 1 of each year,
22submit to the State Board of Education, on forms prescribed by
23the State Board of Education, attendance figures for the school
24year that began in the preceding calendar year. The attendance
25information so transmitted shall identify the average daily

 

 

10000SB0001sam003- 275 -LRB100 06371 NHT 24718 a

1attendance figures for each month of the school year. Beginning
2with the general State aid claim form for the 2002-2003 school
3year, districts shall calculate Average Daily Attendance as
4provided in subdivisions (a), (b), and (c) of this paragraph
5(1).
6        (a) In districts that do not hold year-round classes,
7    days of attendance in August shall be added to the month of
8    September and any days of attendance in June shall be added
9    to the month of May.
10        (b) In districts in which all buildings hold year-round
11    classes, days of attendance in July and August shall be
12    added to the month of September and any days of attendance
13    in June shall be added to the month of May.
14        (c) In districts in which some buildings, but not all,
15    hold year-round classes, for the non-year-round buildings,
16    days of attendance in August shall be added to the month of
17    September and any days of attendance in June shall be added
18    to the month of May. The average daily attendance for the
19    year-round buildings shall be computed as provided in
20    subdivision (b) of this paragraph (1). To calculate the
21    Average Daily Attendance for the district, the average
22    daily attendance for the year-round buildings shall be
23    multiplied by the days in session for the non-year-round
24    buildings for each month and added to the monthly
25    attendance of the non-year-round buildings.
26    Except as otherwise provided in this Section, days of

 

 

10000SB0001sam003- 276 -LRB100 06371 NHT 24718 a

1attendance by pupils shall be counted only for sessions of not
2less than 5 clock hours of school work per day under direct
3supervision of: (i) teachers, or (ii) non-teaching personnel or
4volunteer personnel when engaging in non-teaching duties and
5supervising in those instances specified in subsection (a) of
6Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
7of legal school age and in kindergarten and grades 1 through
812. Days of attendance by pupils through verified participation
9in an e-learning program approved by the State Board of
10Education under Section 10-20.56 of the Code shall be
11considered as full days of attendance for purposes of this
12Section.
13    Days of attendance by tuition pupils shall be accredited
14only to the districts that pay the tuition to a recognized
15school.
16    (2) Days of attendance by pupils of less than 5 clock hours
17of school shall be subject to the following provisions in the
18compilation of Average Daily Attendance.
19        (a) Pupils regularly enrolled in a public school for
20    only a part of the school day may be counted on the basis
21    of 1/6 day for every class hour of instruction of 40
22    minutes or more attended pursuant to such enrollment,
23    unless a pupil is enrolled in a block-schedule format of 80
24    minutes or more of instruction, in which case the pupil may
25    be counted on the basis of the proportion of minutes of
26    school work completed each day to the minimum number of

 

 

10000SB0001sam003- 277 -LRB100 06371 NHT 24718 a

1    minutes that school work is required to be held that day.
2        (b) (Blank).
3        (c) A session of 4 or more clock hours may be counted
4    as a day of attendance upon certification by the regional
5    superintendent, and approved by the State Superintendent
6    of Education to the extent that the district has been
7    forced to use daily multiple sessions.
8        (d) A session of 3 or more clock hours may be counted
9    as a day of attendance (1) when the remainder of the school
10    day or at least 2 hours in the evening of that day is
11    utilized for an in-service training program for teachers,
12    up to a maximum of 5 days per school year, provided a
13    district conducts an in-service training program for
14    teachers in accordance with Section 10-22.39 of this Code;
15    or, in lieu of 4 such days, 2 full days may be used, in
16    which event each such day may be counted as a day required
17    for a legal school calendar pursuant to Section 10-19 of
18    this Code; (1.5) when, of the 5 days allowed under item
19    (1), a maximum of 4 days are used for parent-teacher
20    conferences, or, in lieu of 4 such days, 2 full days are
21    used, in which case each such day may be counted as a
22    calendar day required under Section 10-19 of this Code,
23    provided that the full-day, parent-teacher conference
24    consists of (i) a minimum of 5 clock hours of
25    parent-teacher conferences, (ii) both a minimum of 2 clock
26    hours of parent-teacher conferences held in the evening

 

 

10000SB0001sam003- 278 -LRB100 06371 NHT 24718 a

1    following a full day of student attendance, as specified in
2    subsection (F)(1)(c), and a minimum of 3 clock hours of
3    parent-teacher conferences held on the day immediately
4    following evening parent-teacher conferences, or (iii)
5    multiple parent-teacher conferences held in the evenings
6    following full days of student attendance, as specified in
7    subsection (F)(1)(c), in which the time used for the
8    parent-teacher conferences is equivalent to a minimum of 5
9    clock hours; and (2) when days in addition to those
10    provided in items (1) and (1.5) are scheduled by a school
11    pursuant to its school improvement plan adopted under
12    Article 34 or its revised or amended school improvement
13    plan adopted under Article 2, provided that (i) such
14    sessions of 3 or more clock hours are scheduled to occur at
15    regular intervals, (ii) the remainder of the school days in
16    which such sessions occur are utilized for in-service
17    training programs or other staff development activities
18    for teachers, and (iii) a sufficient number of minutes of
19    school work under the direct supervision of teachers are
20    added to the school days between such regularly scheduled
21    sessions to accumulate not less than the number of minutes
22    by which such sessions of 3 or more clock hours fall short
23    of 5 clock hours. Any full days used for the purposes of
24    this paragraph shall not be considered for computing
25    average daily attendance. Days scheduled for in-service
26    training programs, staff development activities, or

 

 

10000SB0001sam003- 279 -LRB100 06371 NHT 24718 a

1    parent-teacher conferences may be scheduled separately for
2    different grade levels and different attendance centers of
3    the district.
4        (e) A session of not less than one clock hour of
5    teaching hospitalized or homebound pupils on-site or by
6    telephone to the classroom may be counted as 1/2 day of
7    attendance, however these pupils must receive 4 or more
8    clock hours of instruction to be counted for a full day of
9    attendance.
10        (f) A session of at least 4 clock hours may be counted
11    as a day of attendance for first grade pupils, and pupils
12    in full day kindergartens, and a session of 2 or more hours
13    may be counted as 1/2 day of attendance by pupils in
14    kindergartens which provide only 1/2 day of attendance.
15        (g) For children with disabilities who are below the
16    age of 6 years and who cannot attend 2 or more clock hours
17    because of their disability or immaturity, a session of not
18    less than one clock hour may be counted as 1/2 day of
19    attendance; however for such children whose educational
20    needs so require a session of 4 or more clock hours may be
21    counted as a full day of attendance.
22        (h) A recognized kindergarten which provides for only
23    1/2 day of attendance by each pupil shall not have more
24    than 1/2 day of attendance counted in any one day. However,
25    kindergartens may count 2 1/2 days of attendance in any 5
26    consecutive school days. When a pupil attends such a

 

 

10000SB0001sam003- 280 -LRB100 06371 NHT 24718 a

1    kindergarten for 2 half days on any one school day, the
2    pupil shall have the following day as a day absent from
3    school, unless the school district obtains permission in
4    writing from the State Superintendent of Education.
5    Attendance at kindergartens which provide for a full day of
6    attendance by each pupil shall be counted the same as
7    attendance by first grade pupils. Only the first year of
8    attendance in one kindergarten shall be counted, except in
9    case of children who entered the kindergarten in their
10    fifth year whose educational development requires a second
11    year of kindergarten as determined under the rules and
12    regulations of the State Board of Education.
13        (i) On the days when the assessment that includes a
14    college and career ready determination is administered
15    under subsection (c) of Section 2-3.64a-5 of this Code, the
16    day of attendance for a pupil whose school day must be
17    shortened to accommodate required testing procedures may
18    be less than 5 clock hours and shall be counted towards the
19    176 days of actual pupil attendance required under Section
20    10-19 of this Code, provided that a sufficient number of
21    minutes of school work in excess of 5 clock hours are first
22    completed on other school days to compensate for the loss
23    of school work on the examination days.
24        (j) Pupils enrolled in a remote educational program
25    established under Section 10-29 of this Code may be counted
26    on the basis of one-fifth day of attendance for every clock

 

 

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1    hour of instruction attended in the remote educational
2    program, provided that, in any month, the school district
3    may not claim for a student enrolled in a remote
4    educational program more days of attendance than the
5    maximum number of days of attendance the district can claim
6    (i) for students enrolled in a building holding year-round
7    classes if the student is classified as participating in
8    the remote educational program on a year-round schedule or
9    (ii) for students enrolled in a building not holding
10    year-round classes if the student is not classified as
11    participating in the remote educational program on a
12    year-round schedule.
 
13(G) Equalized Assessed Valuation Data.
14    (1) For purposes of the calculation of Available Local
15Resources required pursuant to subsection (D), the State Board
16of Education shall secure from the Department of Revenue the
17value as equalized or assessed by the Department of Revenue of
18all taxable property of every school district, together with
19(i) the applicable tax rate used in extending taxes for the
20funds of the district as of September 30 of the previous year
21and (ii) the limiting rate for all school districts subject to
22property tax extension limitations as imposed under the
23Property Tax Extension Limitation Law.
24    The Department of Revenue shall add to the equalized
25assessed value of all taxable property of each school district

 

 

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1situated entirely or partially within a county that is or was
2subject to the provisions of Section 15-176 or 15-177 of the
3Property Tax Code (a) an amount equal to the total amount by
4which the homestead exemption allowed under Section 15-176 or
515-177 of the Property Tax Code for real property situated in
6that school district exceeds the total amount that would have
7been allowed in that school district if the maximum reduction
8under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
9all other counties in tax year 2003 or (ii) $5,000 in all
10counties in tax year 2004 and thereafter and (b) an amount
11equal to the aggregate amount for the taxable year of all
12additional exemptions under Section 15-175 of the Property Tax
13Code for owners with a household income of $30,000 or less. The
14county clerk of any county that is or was subject to the
15provisions of Section 15-176 or 15-177 of the Property Tax Code
16shall annually calculate and certify to the Department of
17Revenue for each school district all homestead exemption
18amounts under Section 15-176 or 15-177 of the Property Tax Code
19and all amounts of additional exemptions under Section 15-175
20of the Property Tax Code for owners with a household income of
21$30,000 or less. It is the intent of this paragraph that if the
22general homestead exemption for a parcel of property is
23determined under Section 15-176 or 15-177 of the Property Tax
24Code rather than Section 15-175, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, between the amount of the general homestead

 

 

10000SB0001sam003- 283 -LRB100 06371 NHT 24718 a

1exemption allowed for that parcel of property under Section
215-176 or 15-177 of the Property Tax Code and the amount that
3would have been allowed had the general homestead exemption for
4that parcel of property been determined under Section 15-175 of
5the Property Tax Code. It is further the intent of this
6paragraph that if additional exemptions are allowed under
7Section 15-175 of the Property Tax Code for owners with a
8household income of less than $30,000, then the calculation of
9Available Local Resources shall not be affected by the
10difference, if any, because of those additional exemptions.
11    This equalized assessed valuation, as adjusted further by
12the requirements of this subsection, shall be utilized in the
13calculation of Available Local Resources.
14    (2) The equalized assessed valuation in paragraph (1) shall
15be adjusted, as applicable, in the following manner:
16        (a) For the purposes of calculating State aid under
17    this Section, with respect to any part of a school district
18    within a redevelopment project area in respect to which a
19    municipality has adopted tax increment allocation
20    financing pursuant to the Tax Increment Allocation
21    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
22    of the Illinois Municipal Code or the Industrial Jobs
23    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
24    Illinois Municipal Code, no part of the current equalized
25    assessed valuation of real property located in any such
26    project area which is attributable to an increase above the

 

 

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1    total initial equalized assessed valuation of such
2    property shall be used as part of the equalized assessed
3    valuation of the district, until such time as all
4    redevelopment project costs have been paid, as provided in
5    Section 11-74.4-8 of the Tax Increment Allocation
6    Redevelopment Act or in Section 11-74.6-35 of the
7    Industrial Jobs Recovery Law. For the purpose of the
8    equalized assessed valuation of the district, the total
9    initial equalized assessed valuation or the current
10    equalized assessed valuation, whichever is lower, shall be
11    used until such time as all redevelopment project costs
12    have been paid.
13        (b) The real property equalized assessed valuation for
14    a school district shall be adjusted by subtracting from the
15    real property value as equalized or assessed by the
16    Department of Revenue for the district an amount computed
17    by dividing the amount of any abatement of taxes under
18    Section 18-170 of the Property Tax Code by 3.00% for a
19    district maintaining grades kindergarten through 12, by
20    2.30% for a district maintaining grades kindergarten
21    through 8, or by 1.05% for a district maintaining grades 9
22    through 12 and adjusted by an amount computed by dividing
23    the amount of any abatement of taxes under subsection (a)
24    of Section 18-165 of the Property Tax Code by the same
25    percentage rates for district type as specified in this
26    subparagraph (b).

 

 

10000SB0001sam003- 285 -LRB100 06371 NHT 24718 a

1    (3) For the 1999-2000 school year and each school year
2thereafter, if a school district meets all of the criteria of
3this subsection (G)(3), the school district's Available Local
4Resources shall be calculated under subsection (D) using the
5district's Extension Limitation Equalized Assessed Valuation
6as calculated under this subsection (G)(3).
7    For purposes of this subsection (G)(3) the following terms
8shall have the following meanings:
9        "Budget Year": The school year for which general State
10    aid is calculated and awarded under subsection (E).
11        "Base Tax Year": The property tax levy year used to
12    calculate the Budget Year allocation of general State aid.
13        "Preceding Tax Year": The property tax levy year
14    immediately preceding the Base Tax Year.
15        "Base Tax Year's Tax Extension": The product of the
16    equalized assessed valuation utilized by the County Clerk
17    in the Base Tax Year multiplied by the limiting rate as
18    calculated by the County Clerk and defined in the Property
19    Tax Extension Limitation Law.
20        "Preceding Tax Year's Tax Extension": The product of
21    the equalized assessed valuation utilized by the County
22    Clerk in the Preceding Tax Year multiplied by the Operating
23    Tax Rate as defined in subsection (A).
24        "Extension Limitation Ratio": A numerical ratio,
25    certified by the County Clerk, in which the numerator is
26    the Base Tax Year's Tax Extension and the denominator is

 

 

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1    the Preceding Tax Year's Tax Extension.
2        "Operating Tax Rate": The operating tax rate as defined
3    in subsection (A).
4    If a school district is subject to property tax extension
5limitations as imposed under the Property Tax Extension
6Limitation Law, the State Board of Education shall calculate
7the Extension Limitation Equalized Assessed Valuation of that
8district. For the 1999-2000 school year, the Extension
9Limitation Equalized Assessed Valuation of a school district as
10calculated by the State Board of Education shall be equal to
11the product of the district's 1996 Equalized Assessed Valuation
12and the district's Extension Limitation Ratio. Except as
13otherwise provided in this paragraph for a school district that
14has approved or does approve an increase in its limiting rate,
15for the 2000-2001 school year and each school year thereafter,
16the Extension Limitation Equalized Assessed Valuation of a
17school district as calculated by the State Board of Education
18shall be equal to the product of the Equalized Assessed
19Valuation last used in the calculation of general State aid and
20the district's Extension Limitation Ratio. If the Extension
21Limitation Equalized Assessed Valuation of a school district as
22calculated under this subsection (G)(3) is less than the
23district's equalized assessed valuation as calculated pursuant
24to subsections (G)(1) and (G)(2), then for purposes of
25calculating the district's general State aid for the Budget
26Year pursuant to subsection (E), that Extension Limitation

 

 

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1Equalized Assessed Valuation shall be utilized to calculate the
2district's Available Local Resources under subsection (D). For
3the 2009-2010 school year and each school year thereafter, if a
4school district has approved or does approve an increase in its
5limiting rate, pursuant to Section 18-190 of the Property Tax
6Code, affecting the Base Tax Year, the Extension Limitation
7Equalized Assessed Valuation of the school district, as
8calculated by the State Board of Education, shall be equal to
9the product of the Equalized Assessed Valuation last used in
10the calculation of general State aid times an amount equal to
11one plus the percentage increase, if any, in the Consumer Price
12Index for all Urban Consumers for all items published by the
13United States Department of Labor for the 12-month calendar
14year preceding the Base Tax Year, plus the Equalized Assessed
15Valuation of new property, annexed property, and recovered tax
16increment value and minus the Equalized Assessed Valuation of
17disconnected property. New property and recovered tax
18increment value shall have the meanings set forth in the
19Property Tax Extension Limitation Law.
20    Partial elementary unit districts created in accordance
21with Article 11E of this Code shall not be eligible for the
22adjustment in this subsection (G)(3) until the fifth year
23following the effective date of the reorganization.
24    (3.5) For the 2010-2011 school year and each school year
25thereafter, if a school district's boundaries span multiple
26counties, then the Department of Revenue shall send to the

 

 

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1State Board of Education, for the purpose of calculating
2general State aid, the limiting rate and individual rates by
3purpose for the county that contains the majority of the school
4district's Equalized Assessed Valuation.
5    (4) For the purposes of calculating general State aid for
6the 1999-2000 school year only, if a school district
7experienced a triennial reassessment on the equalized assessed
8valuation used in calculating its general State financial aid
9apportionment for the 1998-1999 school year, the State Board of
10Education shall calculate the Extension Limitation Equalized
11Assessed Valuation that would have been used to calculate the
12district's 1998-1999 general State aid. This amount shall equal
13the product of the equalized assessed valuation used to
14calculate general State aid for the 1997-1998 school year and
15the district's Extension Limitation Ratio. If the Extension
16Limitation Equalized Assessed Valuation of the school district
17as calculated under this paragraph (4) is less than the
18district's equalized assessed valuation utilized in
19calculating the district's 1998-1999 general State aid
20allocation, then for purposes of calculating the district's
21general State aid pursuant to paragraph (5) of subsection (E),
22that Extension Limitation Equalized Assessed Valuation shall
23be utilized to calculate the district's Available Local
24Resources.
25    (5) For school districts having a majority of their
26equalized assessed valuation in any county except Cook, DuPage,

 

 

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1Kane, Lake, McHenry, or Will, if the amount of general State
2aid allocated to the school district for the 1999-2000 school
3year under the provisions of subsection (E), (H), and (J) of
4this Section is less than the amount of general State aid
5allocated to the district for the 1998-1999 school year under
6these subsections, then the general State aid of the district
7for the 1999-2000 school year only shall be increased by the
8difference between these amounts. The total payments made under
9this paragraph (5) shall not exceed $14,000,000. Claims shall
10be prorated if they exceed $14,000,000.
 
11(H) Supplemental General State Aid.
12    (1) In addition to the general State aid a school district
13is allotted pursuant to subsection (E), qualifying school
14districts shall receive a grant, paid in conjunction with a
15district's payments of general State aid, for supplemental
16general State aid based upon the concentration level of
17children from low-income households within the school
18district. Supplemental State aid grants provided for school
19districts under this subsection shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (1.5) This paragraph (1.5) applies only to those school
24years preceding the 2003-2004 school year. For purposes of this
25subsection (H), the term "Low-Income Concentration Level"

 

 

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1shall be the low-income eligible pupil count from the most
2recently available federal census divided by the Average Daily
3Attendance of the school district. If, however, (i) the
4percentage decrease from the 2 most recent federal censuses in
5the low-income eligible pupil count of a high school district
6with fewer than 400 students exceeds by 75% or more the
7percentage change in the total low-income eligible pupil count
8of contiguous elementary school districts, whose boundaries
9are coterminous with the high school district, or (ii) a high
10school district within 2 counties and serving 5 elementary
11school districts, whose boundaries are coterminous with the
12high school district, has a percentage decrease from the 2 most
13recent federal censuses in the low-income eligible pupil count
14and there is a percentage increase in the total low-income
15eligible pupil count of a majority of the elementary school
16districts in excess of 50% from the 2 most recent federal
17censuses, then the high school district's low-income eligible
18pupil count from the earlier federal census shall be the number
19used as the low-income eligible pupil count for the high school
20district, for purposes of this subsection (H). The changes made
21to this paragraph (1) by Public Act 92-28 shall apply to
22supplemental general State aid grants for school years
23preceding the 2003-2004 school year that are paid in fiscal
24year 1999 or thereafter and to any State aid payments made in
25fiscal year 1994 through fiscal year 1998 pursuant to
26subsection 1(n) of Section 18-8 of this Code (which was

 

 

10000SB0001sam003- 291 -LRB100 06371 NHT 24718 a

1repealed on July 1, 1998), and any high school district that is
2affected by Public Act 92-28 is entitled to a recomputation of
3its supplemental general State aid grant or State aid paid in
4any of those fiscal years. This recomputation shall not be
5affected by any other funding.
6    (1.10) This paragraph (1.10) applies to the 2003-2004
7school year and each school year thereafter through the
82016-2017 school year. For purposes of this subsection (H), the
9term "Low-Income Concentration Level" shall, for each fiscal
10year, be the low-income eligible pupil count as of July 1 of
11the immediately preceding fiscal year (as determined by the
12Department of Human Services based on the number of pupils who
13are eligible for at least one of the following low income
14programs: Medicaid, the Children's Health Insurance Program,
15TANF, or Food Stamps, excluding pupils who are eligible for
16services provided by the Department of Children and Family
17Services, averaged over the 2 immediately preceding fiscal
18years for fiscal year 2004 and over the 3 immediately preceding
19fiscal years for each fiscal year thereafter) divided by the
20Average Daily Attendance of the school district.
21    (2) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 1998-1999,
231999-2000, and 2000-2001 school years only:
24        (a) For any school district with a Low Income
25    Concentration Level of at least 20% and less than 35%, the
26    grant for any school year shall be $800 multiplied by the

 

 

10000SB0001sam003- 292 -LRB100 06371 NHT 24718 a

1    low income eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level of at least 35% and less than 50%, the
4    grant for the 1998-1999 school year shall be $1,100
5    multiplied by the low income eligible pupil count.
6        (c) For any school district with a Low Income
7    Concentration Level of at least 50% and less than 60%, the
8    grant for the 1998-99 school year shall be $1,500
9    multiplied by the low income eligible pupil count.
10        (d) For any school district with a Low Income
11    Concentration Level of 60% or more, the grant for the
12    1998-99 school year shall be $1,900 multiplied by the low
13    income eligible pupil count.
14        (e) For the 1999-2000 school year, the per pupil amount
15    specified in subparagraphs (b), (c), and (d) immediately
16    above shall be increased to $1,243, $1,600, and $2,000,
17    respectively.
18        (f) For the 2000-2001 school year, the per pupil
19    amounts specified in subparagraphs (b), (c), and (d)
20    immediately above shall be $1,273, $1,640, and $2,050,
21    respectively.
22    (2.5) Supplemental general State aid pursuant to this
23subsection (H) shall be provided as follows for the 2002-2003
24school year:
25        (a) For any school district with a Low Income
26    Concentration Level of less than 10%, the grant for each

 

 

10000SB0001sam003- 293 -LRB100 06371 NHT 24718 a

1    school year shall be $355 multiplied by the low income
2    eligible pupil count.
3        (b) For any school district with a Low Income
4    Concentration Level of at least 10% and less than 20%, the
5    grant for each school year shall be $675 multiplied by the
6    low income eligible pupil count.
7        (c) For any school district with a Low Income
8    Concentration Level of at least 20% and less than 35%, the
9    grant for each school year shall be $1,330 multiplied by
10    the low income eligible pupil count.
11        (d) For any school district with a Low Income
12    Concentration Level of at least 35% and less than 50%, the
13    grant for each school year shall be $1,362 multiplied by
14    the low income eligible pupil count.
15        (e) For any school district with a Low Income
16    Concentration Level of at least 50% and less than 60%, the
17    grant for each school year shall be $1,680 multiplied by
18    the low income eligible pupil count.
19        (f) For any school district with a Low Income
20    Concentration Level of 60% or more, the grant for each
21    school year shall be $2,080 multiplied by the low income
22    eligible pupil count.
23    (2.10) Except as otherwise provided, supplemental general
24State aid pursuant to this subsection (H) shall be provided as
25follows for the 2003-2004 school year and each school year
26thereafter:

 

 

10000SB0001sam003- 294 -LRB100 06371 NHT 24718 a

1        (a) For any school district with a Low Income
2    Concentration Level of 15% or less, the grant for each
3    school year shall be $355 multiplied by the low income
4    eligible pupil count.
5        (b) For any school district with a Low Income
6    Concentration Level greater than 15%, the grant for each
7    school year shall be $294.25 added to the product of $2,700
8    and the square of the Low Income Concentration Level, all
9    multiplied by the low income eligible pupil count.
10    For the 2003-2004 school year and each school year
11thereafter through the 2008-2009 school year only, the grant
12shall be no less than the grant for the 2002-2003 school year.
13For the 2009-2010 school year only, the grant shall be no less
14than the grant for the 2002-2003 school year multiplied by
150.66. For the 2010-2011 school year only, the grant shall be no
16less than the grant for the 2002-2003 school year multiplied by
170.33. Notwithstanding the provisions of this paragraph to the
18contrary, if for any school year supplemental general State aid
19grants are prorated as provided in paragraph (1) of this
20subsection (H), then the grants under this paragraph shall be
21prorated.
22    For the 2003-2004 school year only, the grant shall be no
23greater than the grant received during the 2002-2003 school
24year added to the product of 0.25 multiplied by the difference
25between the grant amount calculated under subsection (a) or (b)
26of this paragraph (2.10), whichever is applicable, and the

 

 

10000SB0001sam003- 295 -LRB100 06371 NHT 24718 a

1grant received during the 2002-2003 school year. For the
22004-2005 school year only, the grant shall be no greater than
3the grant received during the 2002-2003 school year added to
4the product of 0.50 multiplied by the difference between the
5grant amount calculated under subsection (a) or (b) of this
6paragraph (2.10), whichever is applicable, and the grant
7received during the 2002-2003 school year. For the 2005-2006
8school year only, the grant shall be no greater than the grant
9received during the 2002-2003 school year added to the product
10of 0.75 multiplied by the difference between the grant amount
11calculated under subsection (a) or (b) of this paragraph
12(2.10), whichever is applicable, and the grant received during
13the 2002-2003 school year.
14    (3) School districts with an Average Daily Attendance of
15more than 1,000 and less than 50,000 that qualify for
16supplemental general State aid pursuant to this subsection
17shall submit a plan to the State Board of Education prior to
18October 30 of each year for the use of the funds resulting from
19this grant of supplemental general State aid for the
20improvement of instruction in which priority is given to
21meeting the education needs of disadvantaged children. Such
22plan shall be submitted in accordance with rules and
23regulations promulgated by the State Board of Education.
24    (4) School districts with an Average Daily Attendance of
2550,000 or more that qualify for supplemental general State aid
26pursuant to this subsection shall be required to distribute

 

 

10000SB0001sam003- 296 -LRB100 06371 NHT 24718 a

1from funds available pursuant to this Section, no less than
2$261,000,000 in accordance with the following requirements:
3        (a) The required amounts shall be distributed to the
4    attendance centers within the district in proportion to the
5    number of pupils enrolled at each attendance center who are
6    eligible to receive free or reduced-price lunches or
7    breakfasts under the federal Child Nutrition Act of 1966
8    and under the National School Lunch Act during the
9    immediately preceding school year.
10        (b) The distribution of these portions of supplemental
11    and general State aid among attendance centers according to
12    these requirements shall not be compensated for or
13    contravened by adjustments of the total of other funds
14    appropriated to any attendance centers, and the Board of
15    Education shall utilize funding from one or several sources
16    in order to fully implement this provision annually prior
17    to the opening of school.
18        (c) Each attendance center shall be provided by the
19    school district a distribution of noncategorical funds and
20    other categorical funds to which an attendance center is
21    entitled under law in order that the general State aid and
22    supplemental general State aid provided by application of
23    this subsection supplements rather than supplants the
24    noncategorical funds and other categorical funds provided
25    by the school district to the attendance centers.
26        (d) Any funds made available under this subsection that

 

 

10000SB0001sam003- 297 -LRB100 06371 NHT 24718 a

1    by reason of the provisions of this subsection are not
2    required to be allocated and provided to attendance centers
3    may be used and appropriated by the board of the district
4    for any lawful school purpose.
5        (e) Funds received by an attendance center pursuant to
6    this subsection shall be used by the attendance center at
7    the discretion of the principal and local school council
8    for programs to improve educational opportunities at
9    qualifying schools through the following programs and
10    services: early childhood education, reduced class size or
11    improved adult to student classroom ratio, enrichment
12    programs, remedial assistance, attendance improvement, and
13    other educationally beneficial expenditures which
14    supplement the regular and basic programs as determined by
15    the State Board of Education. Funds provided shall not be
16    expended for any political or lobbying purposes as defined
17    by board rule.
18        (f) Each district subject to the provisions of this
19    subdivision (H)(4) shall submit an acceptable plan to meet
20    the educational needs of disadvantaged children, in
21    compliance with the requirements of this paragraph, to the
22    State Board of Education prior to July 15 of each year.
23    This plan shall be consistent with the decisions of local
24    school councils concerning the school expenditure plans
25    developed in accordance with part 4 of Section 34-2.3. The
26    State Board shall approve or reject the plan within 60 days

 

 

10000SB0001sam003- 298 -LRB100 06371 NHT 24718 a

1    after its submission. If the plan is rejected, the district
2    shall give written notice of intent to modify the plan
3    within 15 days of the notification of rejection and then
4    submit a modified plan within 30 days after the date of the
5    written notice of intent to modify. Districts may amend
6    approved plans pursuant to rules promulgated by the State
7    Board of Education.
8        Upon notification by the State Board of Education that
9    the district has not submitted a plan prior to July 15 or a
10    modified plan within the time period specified herein, the
11    State aid funds affected by that plan or modified plan
12    shall be withheld by the State Board of Education until a
13    plan or modified plan is submitted.
14        If the district fails to distribute State aid to
15    attendance centers in accordance with an approved plan, the
16    plan for the following year shall allocate funds, in
17    addition to the funds otherwise required by this
18    subsection, to those attendance centers which were
19    underfunded during the previous year in amounts equal to
20    such underfunding.
21        For purposes of determining compliance with this
22    subsection in relation to the requirements of attendance
23    center funding, each district subject to the provisions of
24    this subsection shall submit as a separate document by
25    December 1 of each year a report of expenditure data for
26    the prior year in addition to any modification of its

 

 

10000SB0001sam003- 299 -LRB100 06371 NHT 24718 a

1    current plan. If it is determined that there has been a
2    failure to comply with the expenditure provisions of this
3    subsection regarding contravention or supplanting, the
4    State Superintendent of Education shall, within 60 days of
5    receipt of the report, notify the district and any affected
6    local school council. The district shall within 45 days of
7    receipt of that notification inform the State
8    Superintendent of Education of the remedial or corrective
9    action to be taken, whether by amendment of the current
10    plan, if feasible, or by adjustment in the plan for the
11    following year. Failure to provide the expenditure report
12    or the notification of remedial or corrective action in a
13    timely manner shall result in a withholding of the affected
14    funds.
15        The State Board of Education shall promulgate rules and
16    regulations to implement the provisions of this
17    subsection. No funds shall be released under this
18    subdivision (H)(4) to any district that has not submitted a
19    plan that has been approved by the State Board of
20    Education.
 
21(I) (Blank).
 
22(J) (Blank).
 
23(K) Grants to Laboratory and Alternative Schools.

 

 

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1    In calculating the amount to be paid to the governing board
2of a public university that operates a laboratory school under
3this Section or to any alternative school that is operated by a
4regional superintendent of schools, the State Board of
5Education shall require by rule such reporting requirements as
6it deems necessary.
7    As used in this Section, "laboratory school" means a public
8school which is created and operated by a public university and
9approved by the State Board of Education. The governing board
10of a public university which receives funds from the State
11Board under this subsection (K) or subsection (g) of Section
1218-8.15 of this Code may not increase the number of students
13enrolled in its laboratory school from a single district, if
14that district is already sending 50 or more students, except
15under a mutual agreement between the school board of a
16student's district of residence and the university which
17operates the laboratory school. A laboratory school may not
18have more than 1,000 students, excluding students with
19disabilities in a special education program.
20    As used in this Section, "alternative school" means a
21public school which is created and operated by a Regional
22Superintendent of Schools and approved by the State Board of
23Education. Such alternative schools may offer courses of
24instruction for which credit is given in regular school
25programs, courses to prepare students for the high school
26equivalency testing program or vocational and occupational

 

 

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1training. A regional superintendent of schools may contract
2with a school district or a public community college district
3to operate an alternative school. An alternative school serving
4more than one educational service region may be established by
5the regional superintendents of schools of the affected
6educational service regions. An alternative school serving
7more than one educational service region may be operated under
8such terms as the regional superintendents of schools of those
9educational service regions may agree.
10    Each laboratory and alternative school shall file, on forms
11provided by the State Superintendent of Education, an annual
12State aid claim which states the Average Daily Attendance of
13the school's students by month. The best 3 months' Average
14Daily Attendance shall be computed for each school. The general
15State aid entitlement shall be computed by multiplying the
16applicable Average Daily Attendance by the Foundation Level as
17determined under this Section.
 
18(L) Payments, Additional Grants in Aid and Other Requirements.
19    (1) For a school district operating under the financial
20supervision of an Authority created under Article 34A, the
21general State aid otherwise payable to that district under this
22Section, but not the supplemental general State aid, shall be
23reduced by an amount equal to the budget for the operations of
24the Authority as certified by the Authority to the State Board
25of Education, and an amount equal to such reduction shall be

 

 

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1paid to the Authority created for such district for its
2operating expenses in the manner provided in Section 18-11. The
3remainder of general State school aid for any such district
4shall be paid in accordance with Article 34A when that Article
5provides for a disposition other than that provided by this
6Article.
7    (2) (Blank).
8    (3) Summer school. Summer school payments shall be made as
9provided in Section 18-4.3.
 
10(M) Education Funding Advisory Board.
11    The Education Funding Advisory Board, hereinafter in this
12subsection (M) referred to as the "Board", is hereby created.
13The Board shall consist of 5 members who are appointed by the
14Governor, by and with the advice and consent of the Senate. The
15members appointed shall include representatives of education,
16business, and the general public. One of the members so
17appointed shall be designated by the Governor at the time the
18appointment is made as the chairperson of the Board. The
19initial members of the Board may be appointed any time after
20the effective date of this amendatory Act of 1997. The regular
21term of each member of the Board shall be for 4 years from the
22third Monday of January of the year in which the term of the
23member's appointment is to commence, except that of the 5
24initial members appointed to serve on the Board, the member who
25is appointed as the chairperson shall serve for a term that

 

 

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1commences on the date of his or her appointment and expires on
2the third Monday of January, 2002, and the remaining 4 members,
3by lots drawn at the first meeting of the Board that is held
4after all 5 members are appointed, shall determine 2 of their
5number to serve for terms that commence on the date of their
6respective appointments and expire on the third Monday of
7January, 2001, and 2 of their number to serve for terms that
8commence on the date of their respective appointments and
9expire on the third Monday of January, 2000. All members
10appointed to serve on the Board shall serve until their
11respective successors are appointed and confirmed. Vacancies
12shall be filled in the same manner as original appointments. If
13a vacancy in membership occurs at a time when the Senate is not
14in session, the Governor shall make a temporary appointment
15until the next meeting of the Senate, when he or she shall
16appoint, by and with the advice and consent of the Senate, a
17person to fill that membership for the unexpired term. If the
18Senate is not in session when the initial appointments are
19made, those appointments shall be made as in the case of
20vacancies.
21    The Education Funding Advisory Board shall be deemed
22established, and the initial members appointed by the Governor
23to serve as members of the Board shall take office, on the date
24that the Governor makes his or her appointment of the fifth
25initial member of the Board, whether those initial members are
26then serving pursuant to appointment and confirmation or

 

 

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1pursuant to temporary appointments that are made by the
2Governor as in the case of vacancies.
3    The State Board of Education shall provide such staff
4assistance to the Education Funding Advisory Board as is
5reasonably required for the proper performance by the Board of
6its responsibilities.
7    For school years after the 2000-2001 school year through
8the 2016-2017 school year, the Education Funding Advisory
9Board, in consultation with the State Board of Education, shall
10make recommendations as provided in this subsection (M) to the
11General Assembly for the foundation level under subdivision
12(B)(3) of this Section and for the supplemental general State
13aid grant level under subsection (H) of this Section for
14districts with high concentrations of children from poverty.
15The recommended foundation level shall be determined based on a
16methodology which incorporates the basic education
17expenditures of low-spending schools exhibiting high academic
18performance. The Education Funding Advisory Board shall make
19such recommendations to the General Assembly on January 1 of
20odd numbered years, beginning January 1, 2001.
 
21(N) (Blank).
 
22(O) References.
23    (1) References in other laws to the various subdivisions of
24Section 18-8 as that Section existed before its repeal and

 

 

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1replacement by this Section 18-8.05 shall be deemed to refer to
2the corresponding provisions of this Section 18-8.05, to the
3extent that those references remain applicable.
4    (2) References in other laws to State Chapter 1 funds shall
5be deemed to refer to the supplemental general State aid
6provided under subsection (H) of this Section.
 
7(P) Public Act 93-838 and Public Act 93-808 make inconsistent
8changes to this Section. Under Section 6 of the Statute on
9Statutes there is an irreconcilable conflict between Public Act
1093-808 and Public Act 93-838. Public Act 93-838, being the last
11acted upon, is controlling. The text of Public Act 93-838 is
12the law regardless of the text of Public Act 93-808.
 
13(Q) State Fiscal Year 2015 Payments.
14    For payments made for State fiscal year 2015, the State
15Board of Education shall, for each school district, calculate
16that district's pro-rata share of a minimum sum of $13,600,000
17or additional amounts as needed from the total net General
18State Aid funding as calculated under this Section that shall
19be deemed attributable to the provision of special educational
20facilities and services, as defined in Section 14-1.08 of this
21Code, in a manner that ensures compliance with maintenance of
22State financial support requirements under the federal
23Individuals with Disabilities Education Act. Each school
24district must use such funds only for the provision of special

 

 

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1educational facilities and services, as defined in Section
214-1.08 of this Code, and must comply with any expenditure
3verification procedures adopted by the State Board of
4Education.
 
5(R) State Fiscal Year 2016 Payments.
6    For payments made for State fiscal year 2016, the State
7Board of Education shall, for each school district, calculate
8that district's pro rata share of a minimum sum of $1 or
9additional amounts as needed from the total net General State
10Aid funding as calculated under this Section that shall be
11deemed attributable to the provision of special educational
12facilities and services, as defined in Section 14-1.08 of this
13Code, in a manner that ensures compliance with maintenance of
14State financial support requirements under the federal
15Individuals with Disabilities Education Act. Each school
16district must use such funds only for the provision of special
17educational facilities and services, as defined in Section
1814-1.08 of this Code, and must comply with any expenditure
19verification procedures adopted by the State Board of
20Education.
21(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
22eff. 7-30-15; 99-523, eff. 6-30-16.)
 
23    (105 ILCS 5/18-8.10)
24    Sec. 18-8.10. Fast growth grants.

 

 

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1    (a) If there has been an increase in a school district's
2student population over the most recent 2 school years of (i)
3over 1.5% in a district with over 10,000 pupils in average
4daily attendance (as defined in Section 18-8.05 or 18-8.15 of
5this Code) or (ii) over 7.5% in any other district, then the
6district is eligible for a grant under this Section, subject to
7appropriation.
8    (b) The State Board of Education shall determine a per
9pupil grant amount for each school district. The total grant
10amount for a district for any given school year shall equal the
11per pupil grant amount multiplied by the difference between the
12number of pupils in average daily attendance for the 2 most
13recent school years.
14    (c) Funds for grants under this Section must be
15appropriated to the State Board of Education in a separate line
16item for this purpose. If the amount appropriated in any fiscal
17year is insufficient to pay all grants for a school year, then
18the amount appropriated shall be prorated among eligible
19districts. As soon as possible after funds have been
20appropriated to the State Board of Education, the State Board
21of Education shall distribute the grants to eligible districts.
22    (d) If a school district intentionally reports incorrect
23average daily attendance numbers to receive a grant under this
24Section, then the district shall be denied State aid in the
25same manner as State aid is denied for intentional incorrect
26reporting of average daily attendance numbers under Section

 

 

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118-8.05 or 18-8.15 of this Code.
2(Source: P.A. 93-1042, eff. 10-8-04.)
 
3    (105 ILCS 5/18-8.15 new)
4    Sec. 18-8.15. Evidence-based funding for student success
5for the 2017-2018 and subsequent school years.
6    (a) General provisions.
7    (1) The purpose of this Section is to ensure that, by June
830, 2027 and beyond, this State has a kindergarten through
9grade 12 public education system with the capacity to ensure
10the educational development of all persons to the limits of
11their capacities in accordance with Section 1 of Article X of
12the Constitution of the State of Illinois. To accomplish that
13objective, this Section creates a method of funding public
14education that is evidence-based; is sufficient to ensure every
15student receives a meaningful opportunity to learn
16irrespective of race, ethnicity, sexual orientation, gender,
17or community-income level; and is sustainable and predictable.
18When fully funded under this Section, every school shall have
19the resources, based on what the evidence indicates is needed,
20to:
21        (A) provide all students with a high quality education
22    that offers the academic, enrichment, social and emotional
23    support, technical, and career-focused programs that will
24    allow them to become competitive workers, responsible
25    parents, productive citizens of this State, and active

 

 

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1    members of our national democracy;
2        (B) ensure all students receive the education they need
3    to graduate from high school with the skills required to
4    pursue post-secondary education and training for a
5    rewarding career;
6        (C) reduce, with a goal of eliminating, the achievement
7    gap between at-risk and non-at-risk students by raising the
8    performance of at-risk students and not by reducing
9    standards; and
10        (D) ensure this State satisfies its obligation to
11    assume the primary responsibility to fund public education
12    and simultaneously relieve the disproportionate burden
13    placed on local property taxes to fund schools.
14    (2) The evidence-based funding formula under this Section
15shall be applied to all Organizational Units in this State. As
16further defined and described in this Section, there are 4
17major components of the evidence-based funding model:
18        (A) First, the model calculates a unique adequacy
19    target for each Organizational Unit in this State that
20    considers the costs to implement research-based
21    activities, the unit's student demographics, and regional
22    wage difference.
23        (B) Second, the model calculates each Organizational
24    Unit's local capacity, or the amount each Organizational
25    Unit is assumed to contribute towards its adequacy target
26    from local resources.

 

 

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1        (C) Third, the model calculates how much funding the
2    State currently contributes to the Organizational Unit,
3    and adds that to the unit's local capacity to determine the
4    unit's overall current adequacy of funding.
5        (D) Finally, the model's distribution method allocates
6    new State funding to those Organizational Units that are
7    least well-funded, considering both local capacity and
8    State funding, in relation to their adequacy target.
9    (3) An Organizational Unit receiving any funding under this
10Section may apply those funds to any fund so received for which
11that Organizational Unit is authorized to make expenditures by
12law.
13    (4) As used in this Section, the following terms shall have
14the meanings ascribed in this paragraph (4):
15    "Adequacy Target" is defined in paragraph (1) of subsection
16(b) of this Section.
17    "Adjusted EAV" is defined in paragraph (4) of subsection
18(d) of this Section.
19    "Adjusted Local Capacity Target" is defined in paragraph
20(3) of subsection (c) of this Section.
21    "Allocation Rate" is defined in paragraph (3) of subsection
22(g) of this Section.
23    "Alternative School" means a public school that is created
24and operated by a regional superintendent of schools and
25approved by the State Board.
26    "Applicable Tax Rate" is defined in paragraph (1) of

 

 

10000SB0001sam003- 311 -LRB100 06371 NHT 24718 a

1subsection (d) of this Section.
2    "Assessment" means any of those benchmark, progress
3monitoring, formative, diagnostic, and other assessments, in
4addition to the State accountability assessment, that assist
5teachers' needs in understanding the skills and meeting the
6needs of the students they serve.
7    "Assistant principal" means a school administrator duly
8endorsed to be employed as an assistant principal in this
9State.
10    "At-risk student" means a student who is at risk of not
11meeting the Illinois Learning Standards or not graduating from
12elementary or high school and who demonstrates a need for
13vocational support or social services beyond that provided by
14the regular school program. All students included in an
15Organizational Unit's Low-Income Count, as well as all EL and
16disabled students attending the Organizational Unit, shall be
17considered at-risk students under this Section.
18    "Average Student Enrollment" or "ASE" means, for an
19Organizational Unit in a given school year, the greater of the
20average number of students (grades K through 12) reported to
21the State Board as enrolled in the Organizational Unit on
22October 1 and March 1, plus the special education
23pre-kindergarten students with services of at least more than 2
24hours a week as reported to the State Board on December 1, in
25the immediately preceding school year or the average number of
26students (grades K through 12) reported to the State Board as

 

 

10000SB0001sam003- 312 -LRB100 06371 NHT 24718 a

1enrolled in the Organizational Unit on October 1 and March 1,
2plus the special education pre-kindergarten students with
3services of at least more than 2 hours a week as reported to
4the State Board on December 1, for each of the immediately
5preceding 3 school years. For the purposes of this definition,
6"enrolled in the Organizational Unit" means the number of
7students reported to the State Board who are enrolled in
8schools within the Organizational Unit that the student attends
9or would attend if not placed or transferred to another school
10or program to receive needed services. For the purposes of
11calculating "ASE", all students, grades K through 12, including
12those attending kindergarten for a half day, shall be counted
13as 1.0. Special education pre-kindergarten students shall be
14counted as 0.5 each. If the State Board does not collect or has
15not collected both an October 1 and March 1 enrollment count by
16grade or a December 1 collection of special education
17pre-kindergarten students as of the effective date of this
18amendatory Act of the 100th General Assembly, it shall
19establish such collection for all future years. For any year
20where a count by grade level was collected only once, that
21count shall be used as the single count available for computing
22a 3-year average ASE.
23    "Base Funding Guarantee" is defined in paragraph (7) of
24subsection (g) of this Section.
25    "Base Funding Minimum" is defined in subsection (e) of this
26Section.

 

 

10000SB0001sam003- 313 -LRB100 06371 NHT 24718 a

1    "Central office" means individual administrators and
2support service personnel charged with managing the
3instructional programs, business and operations, and security
4of the Organizational Unit.
5    "Comparable Wage Index" or "CWI" means a regional cost
6differentiation metric that measures systemic, regional
7variations in the salaries of college graduates who are not
8educators. The CWI utilized for this Section shall, for the
9first 3 years of Evidence-Based Funding implementation, be the
10CWI initially developed by the National Center for Education
11Statistics, as most recently updated by Texas A & M University.
12In the fourth and subsequent years of Evidence-Based Funding
13implementation, the State Superintendent shall re-determine
14the CWI using a similar methodology to that identified in the
15Texas A & M University study, with adjustments made no less
16frequently than once every 5 years.
17    "Computer technology and equipment" means computers
18servers, notebooks, network equipment, copiers, printers,
19instructional software, security software, curriculum
20management courseware, and other similar materials and
21equipment.
22    "Core subject" means mathematics; science; reading,
23English, writing, and language arts; history and social
24studies; world languages; and subjects taught as Advanced
25Placement in high schools.
26    "Core teacher" means a regular classroom teacher in

 

 

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1elementary schools and teachers of a core subject in middle and
2high schools.
3    "Core Intervention teacher (tutor)" means a licensed
4teacher providing one-on-one or small group tutoring to
5students struggling to meet proficiency in core subjects.
6    "CPPRT" means corporate personal property replacement tax
7funds paid to an Organizational Unit during the calendar year
8one year before the calendar year in which a school year
9begins, pursuant to "An Act in relation to the abolition of ad
10valorem personal property tax and the replacement of revenues
11lost thereby, and amending and repealing certain Acts and parts
12of Acts in connection therewith", certified August 14, 1979, as
13amended (Public Act 81-1st S.S.-1).
14    "EAV" means equalized assessed valuation as defined in
15paragraph (2) of subsection (d) of this Section and calculated
16in accordance with paragraph (3) of subsection (d) of this
17Section.
18    "ECI" means the Bureau of Labor Statistics' national
19employment cost index for civilian workers in educational
20services in elementary and secondary schools on a cumulative
21basis for the 12-month calendar year preceding the fiscal year
22of the Evidence-Based Funding calculation.
23    "EIS Data" means the employment information system data
24maintained by the State Board on educators within
25Organizational Units.
26    "Employee benefits" means health, dental, and vision

 

 

10000SB0001sam003- 315 -LRB100 06371 NHT 24718 a

1insurance offered to employees of an Organizational Unit, the
2costs associated with statutorily required payment of the
3normal cost of the Organizational Unit's teacher pensions,
4Social Security employer contributions, and Illinois Municipal
5Retirement Fund employer contributions.
6    "English learner" or "EL" means a child included in the
7definition of "English learners" under Section 14C-2 of this
8Code participating in a program of transitional bilingual
9education or a transitional program of instruction meeting the
10requirements and program application procedures of Article 14C
11of this Code. For the purposes of collecting the number of EL
12students enrolled, the same collection and calculation
13methodology as defined above for "ASE" shall apply to English
14learners.
15    "Essential Elements" means those elements, resources, and
16educational programs that have been identified through
17academic research as necessary to improve student success,
18improve academic performance, close achievement gaps, and
19provide for other per student costs related to the delivery and
20leadership of the Organizational Unit, as well as the
21maintenance and operations of the unit, and which are specified
22in paragraph (2) of subsection (b) of this Section.
23    "Evidence-Based Funding" means State funding provided to
24an Organizational Unit pursuant to this Section.
25    "Extended day" means academic and enrichment programs
26provided to students outside the regular school day before and

 

 

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1after school or during non-instructional times during the
2school day.
3    "Final Percent of Adequacy" is defined in paragraph (4) of
4subsection (f) of this Section.
5    "Final Resources" is defined in paragraph (3) of subsection
6(f) of this Section.
7    "Full-time equivalent" or "FTE" means the full-time
8equivalency compensation for staffing the relevant position at
9an Organizational Unit.
10    "Funding Gap" is defined in paragraph (1) of subsection
11(g).
12    "Guidance counselor" means a licensed guidance counselor
13who provides guidance and counseling support for students
14within an Organizational Unit.
15    "Hybrid District" means a partial elementary unit district
16created pursuant to Article 11E of this Code.
17    "Instructional assistant" means a core or special
18education, non-licensed employee who assists a teacher in the
19classroom and provides academic support to students.
20    "Instructional facilitator" means a qualified teacher or
21licensed teacher leader who facilitates and coaches continuous
22improvement in classroom instruction; provides instructional
23support to teachers in the elements of research-based
24instruction or demonstrates the alignment of instruction with
25curriculum standards and assessment tools; develops or
26coordinates instructional programs or strategies; develops and

 

 

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1implements training; chooses standards-based instructional
2materials; provides teachers with an understanding of current
3research; serves as a mentor, site coach, curriculum
4specialist, or lead teacher; or otherwise works with fellow
5teachers, in collaboration, to use data to improve
6instructional practice or develop model lessons.
7    "Instructional materials" means relevant instructional
8materials for student instruction, including, but not limited
9to, textbooks, consumable workbooks, laboratory equipment,
10library books, and other similar materials.
11    "Laboratory School" means a public school that is created
12and operated by a public university and approved by the State
13Board.
14    "Librarian" means a teacher with an endorsement as a
15library information specialist or another individual whose
16primary responsibility is overseeing library resources within
17an Organizational Unit.
18    "Local Capacity" is defined in paragraph (1) of subsection
19(c) of this Section.
20    "Local Capacity Percentage" is defined in subparagraph (A)
21of paragraph (2) of subsection (c) of this Section.
22    "Local Capacity Ratio" is defined in subparagraph (B) of
23paragraph (2) of subsection (c) of this Section.
24    "Local Capacity Target" is defined in paragraph (2) of
25subsection (c) of this Section.
26    "Low-Income Count" means, for an Organizational Unit in a

 

 

10000SB0001sam003- 318 -LRB100 06371 NHT 24718 a

1fiscal year, the higher of the average number of students for
2the prior school year or the immediately preceding 3 school
3years who, as of July 1 of the immediately preceding fiscal
4year (as determined by the Department of Human Services), are
5eligible for at least one of the following low income programs:
6Medicaid, the Children's Health Insurance Program, TANF, or
7Food Stamps, excluding pupils who are eligible for services
8provided by the Department of Children and Family Services.
9    "Maintenance and operations" means custodial services,
10facility and ground maintenance, facility operations, facility
11security, routine facility repairs, and other similar services
12and functions.
13    "Minimum Funding Level" is defined in paragraph (6) of
14subsection (g) of this Section.
15    "New State Funds" means, for a given school year, all State
16funds appropriated for Evidence-Based Funding in excess of the
17amount needed to fund the Base Funding Minimum for all
18Organizational Units in that school year.
19    "Net State Contribution Target" means, for a given school
20year, the amount of State funds that would be necessary to
21fully meet the Adequacy Target of an Operational Unit minus the
22Preliminary Resources available to each unit.
23    "Nurse" means an individual licensed as a certified school
24nurse, in accordance with the rules established for nursing
25services by the State Board, who is an employee of and is
26available to provide health care-related services for students

 

 

10000SB0001sam003- 319 -LRB100 06371 NHT 24718 a

1of an Organizational Unit.
2    "Operating Tax Rate" means the rate utilized in the
3previous year to extend property taxes for all purposes,
4except, Bond and Interest, Summer School, Rent, Capital
5Improvement, and Vocational Education Building purposes. For
6Hybrid Districts, the Operating Tax Rate shall be the combined
7elementary and high school rates utilized in the previous year
8to extend property taxes for all purposes, except, Bond and
9Interest, Summer School, Rent, Capital Improvement, and
10Vocational Education Building purposes. For all Organizational
11Units, the State Superintendent shall calculate and subtract
12from the Operating Tax Rate a transportation rate based on
13total expenses for transportation services under this Code, as
14reported on the most recent Annual Financial Report in Pupil
15Transportation Services, function 2550 in both the Education
16and Transportation funds and functions 4110 and 4120 in the
17Transportation fund, less any corresponding fiscal year State
18of Illinois scheduled payments excluding net adjustments for
19prior years for regular, vocational, or special education
20transportation reimbursement pursuant to Section 29-5 or
21subsection (b) of Section 14-13.01 of this Code divided by the
22Adjusted EAV. If an Organizational Unit's corresponding fiscal
23year State of Illinois scheduled payments excluding net
24adjustments for prior years for regular, vocational, or special
25education transportation reimbursement pursuant to Section
2629-5 or subsection (b) of Section 14-13.01 of this Code exceed

 

 

10000SB0001sam003- 320 -LRB100 06371 NHT 24718 a

1the total transportation expenses, as defined in this
2paragraph, no transportation rate shall be subtracted from the
3Operating Tax Rate.
4    "Organizational Unit" means a Laboratory School, an
5Alternative School, or any public school district that is
6recognized as such by the State Board and that contains
7elementary schools typically serving kindergarten through 5th
8grades, middle schools typically serving 6th through 8th
9grades, or high schools typically serving 9th through 12th
10grades. The General Assembly acknowledges that the actual grade
11levels served by a particular Organizational Unit may vary
12slightly from what is typical.
13    "Organizational Unit CWI" is determined by calculating the
14CWI in the region and original county in which an
15Organizational Unit's primary administrative office is located
16as set forth in this paragraph. Each county's current CWI value
17shall be adjusted based on the CWI value of that county's
18neighboring Illinois counties, to create a "weighted adjusted
19index value". This shall be calculated by summing the CWI
20values of all of a county's adjacent Illinois counties and
21dividing by the number of adjacent Illinois counties, then
22taking the weighted value of the original county's CWI value
23and the adjacent Illinois county average. To calculate this
24weighted value, if the number of adjacent Illinois counties is
25greater than 2, the original county's CWI value will be
26weighted at 0.25 and the adjacent Illinois county average will

 

 

10000SB0001sam003- 321 -LRB100 06371 NHT 24718 a

1be weighted at 0.75. If the number of adjacent Illinois
2counties is 2, the original county's CWI value will be weighted
3at 0.33 and the adjacent Illinois county average will be
4weighted at 0.66. The greater of the county's current CWI value
5and its weighted adjusted index value shall be used as the
6Organizational Unit CWI.
7    "Preliminary Percent of Adequacy" is defined in paragraph
8(2) of subsection (f) of this Section.
9    "Preliminary Resources" is defined in paragraph (2) of
10subsection (f) of this Section.
11    "Principal" means a school administrator duly endorsed to
12be employed as a principal in this State.
13    "Professional development" means training programs for
14licensed staff in schools, including, but not limited to,
15programs that assist in implementing new curriculum programs,
16provide data focused or academic assessment data training to
17help staff identify a student's weaknesses and strengths,
18target interventions, improve instruction, encompass
19instructional strategies for EL, gifted, or at-risk students,
20address inclusivity, cultural sensitivity, or implicit bias,
21or otherwise provide professional support for licensed staff.
22    "Prototypical" means 450 special education
23pre-kindergarten and kindergarten through grade 5 students for
24an elementary school, 450 grade 6 through 8 students for a
25middle school, and 600 grade 9 through 12 students for a high
26school.

 

 

10000SB0001sam003- 322 -LRB100 06371 NHT 24718 a

1    "PTELL" means the Property Tax Extension Limitation Law.
2    "Pupil support staff" means a nurse, psychologist, social
3worker, family liaison personnel, or other staff member who
4provides support to at-risk or struggling students.
5    "Real Receipts" is defined in paragraph (1) of subsection
6(d) of this Section.
7    "Regionalization Factor" means, for a particular
8Organizational Unit, the figure derived by dividing the
9Organizational Unit CWI by the Statewide Weighted CWI.
10    "School site staff" means the primary school secretary and
11any additional clerical personnel assigned to a school.
12    "Special education" means special educational facilities
13and services, as defined in Section 14-1.08 of this Code.
14    "Specialist teacher" means a teacher who provides
15instruction in subject areas not included in core subjects,
16including, but not limited to, art, music, physical education,
17health, driver education, career-technical education, and such
18other subject areas as may be mandated by State law or provided
19by an Organizational Unit.
20    "Specially Funded Unit" means an Alternative School, safe
21school, Department of Juvenile Justice school, special
22education cooperative or entity recognized by the State Board
23as a special education cooperative, State-approved charter
24school, or alternative learning opportunities program that
25received direct funding from the State Board during the
262016-2017 school year through any of the funding sources

 

 

10000SB0001sam003- 323 -LRB100 06371 NHT 24718 a

1included within the calculation of the Base Funding Minimum.
2    "Supplemental Grant Funding" means supplemental general
3State aid funding received by an Organization Unit during the
42016-2017 school year pursuant to subsection (H) of Section
518-8.05 of this Code.
6    "State Adequacy Level" is the sum of the Adequacy Targets
7of all Organizational Units.
8    "State Board" means the State Board of Education.
9    "State Superintendent" means the State Superintendent of
10Education.
11    "Statewide Weighted CWI" means a figure determined by
12multiplying each Organizational Unit CWI times the ASE for that
13Organizational Unit creating a weighted value, summing all
14Organizational Unit's weighted values, and dividing by the
15total ASE of all Organizational Units, thereby creating an
16average weighted index.
17    "Student activities" means non-credit producing
18after-school programs, including, but not limited to, clubs,
19bands, sports, and other activities authorized by the school
20board of the Organizational Unit.
21    "Substitute teacher" means an individual teacher or
22teaching assistant who is employed by an Organizational Unit
23and is temporarily serving the Organizational Unit on a per
24diem or per period-assignment basis replacing another staff
25member.
26    "Summer school" means academic and enrichment programs

 

 

10000SB0001sam003- 324 -LRB100 06371 NHT 24718 a

1provided to students during the summer months outside of the
2regular school year.
3    "Supervisory aide" means a non-licensed staff member who
4helps in supervising students of an Organizational Unit, but
5does so outside of the classroom, in situations such as, but
6not limited to, monitoring hallways and playgrounds,
7supervising lunchrooms, or supervising students when being
8transported in buses serving the Organizational Unit.
9    "Target Ratio" is defined in paragraph (4) of subsection
10(g).
11    "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined in
12paragraph (2) of subsection (g).
13    "Tier 1 Aggregate Funding", "Tier 2 Aggregate Funding",
14"Tier 3 Aggregate Funding", and "Tier 4 Aggregate Funding" are
15defined in paragraph (1) of subsection (g).
16    (b) Adequacy Target calculation.
17    (1) Each Organizational Unit's Adequacy Target is the sum
18of the Organizational Unit's cost of providing Essential
19Elements, as calculated in accordance with this subsection (b),
20with the salary amounts in the Essential Elements multiplied by
21a Regionalization Factor calculated pursuant to paragraph (3)
22of this subsection (b).
23    (2) The Essential Elements are attributable on a pro-rata
24basis related to defined subgroups of the ASE of each
25Organizational Unit as specified in this paragraph (2), with
26investments and FTE positions pro-rata funded based on ASE

 

 

10000SB0001sam003- 325 -LRB100 06371 NHT 24718 a

1counts in excess or less than the thresholds set forth in this
2paragraph (2). The method for calculating attributable
3pro-rata costs and the defined subgroups thereto are as
4follows:
5        (A) Core class size investments. Each Organizational
6    Unit shall receive the funding required to support that
7    number of FTE core teacher positions as is needed to keep
8    the respective class sizes of the Organizational Unit to a
9    maximum of 15 students each for grades kindergarten through
10    3 and 25 students each for grades 4 through 12. The number
11    of FTE core teacher positions shall be determined by
12    dividing the ASE of the Organizational Unit for grades
13    kindergarten through 3 by 15 and grades 4 through 12 by 25.
14        (B) Specialist teacher investments. Each
15    Organizational Unit shall receive the funding needed to
16    cover that number of FTE specialist teacher positions that
17    correspond to the following percentages:
18            (i) if the Organizational Unit operates an
19        elementary or middle school, then 20.00% of the number
20        of the Organizational Unit's core teachers, as
21        determined under subparagraph (A) of this paragraph
22        (2); and
23            (ii) if such Organizational Unit operates a high
24        school, then 33.33% of the number of the Organizational
25        Unit's core teachers.
26        (C) Instructional facilitator investments. Each

 

 

10000SB0001sam003- 326 -LRB100 06371 NHT 24718 a

1    Organizational Unit shall receive the funding needed to
2    cover one FTE instructional facilitator position for every
3    200 combined ASE of pre-kindergarten children with
4    disabilities and all kindergarten through grade 12
5    students of the Organizational Unit.
6        (D) Core intervention teacher (tutor) investments.
7    Each Organizational Unit shall receive the funding needed
8    to cover one FTE teacher position for each prototypical
9    elementary, middle, and high school.
10        (E) Substitute teacher investments. Each
11    Organizational Unit shall receive the funding needed to
12    cover substitute teacher costs that is equal to 5.70% of
13    the minimum pupil attendance days required under Section
14    10-19 of this code for all full-time equivalent core,
15    specialist, and intervention teachers, school nurses,
16    special education teachers and instructional assistants,
17    instructional facilitators, and summer school and
18    extended-day teacher positions, as determined under this
19    paragraph (2), at a salary rate of 33.33% of the average
20    salary for grade K through 12 teachers and 33.33% of the
21    average salary of each instructional assistant position.
22        (F) Core guidance counselor investments. Each
23    Organizational Unit shall receive the funding needed to
24    cover one FTE guidance counselor for each 450 combined ASE
25    of pre-kindergarten children with disabilities and all
26    kindergarten through grade 5 students, plus one FTE

 

 

10000SB0001sam003- 327 -LRB100 06371 NHT 24718 a

1    guidance counselor for each 250 grades 6 through 8 ASE
2    middle school students, plus one FTE guidance counselor for
3    each 250 grades 9 through 12 ASE high school students.
4        (G) Nurse investments. Each Organizational Unit shall
5    receive the funding needed to cover one FTE nurse for each
6    750 combined ASE of pre-kindergarten children with
7    disabilities and all kindergarten through grade 12
8    students across all grade levels it serves.
9        (H) Supervisory aide investments. Each Organizational
10    Unit shall receive the funding needed to cover one FTE for
11    each 225 combined ASE of pre-kindergarten children with
12    disabilities and all kindergarten through grade 5
13    students, plus one FTE for each 225 ASE middle school
14    students, plus one FTE for each 200 ASE high school
15    students.
16        (I) Librarian investments. Each Organizational Unit
17    shall receive the funding needed to cover one FTE librarian
18    for each prototypical elementary school, middle school,
19    and high school and one FTE aide or media technician for
20    every 300 combined ASE of pre-kindergarten children with
21    disabilities and all kindergarten through grade 12
22    students.
23        (J) Principal investments. Each Organizational Unit
24    shall receive the funding needed to cover one FTE principal
25    position for each prototypical elementary school, plus one
26    FTE principal position for each prototypical middle

 

 

10000SB0001sam003- 328 -LRB100 06371 NHT 24718 a

1    school, plus one FTE principal position for each
2    prototypical high school.
3        (K) Assistant principal investments. Each
4    Organizational Unit shall receive the funding needed to
5    cover one FTE assistant principal position for each
6    prototypical elementary school, plus one FTE assistant
7    principal position for each prototypical middle school,
8    plus one FTE assistant principal position for each
9    prototypical high school.
10        (L) School site staff investments. Each Organizational
11    Unit shall receive the funding needed for one FTE position
12    for each 225 ASE of pre-kindergarten children with
13    disabilities and all kindergarten through grade 5
14    students, plus one FTE position for each 225 ASE middle
15    school students, plus one FTE position for each 200 ASE
16    high school students.
17        (M) Gifted investments. Each Organizational Unit shall
18    receive $40 per kindergarten through grade 12 ASE.
19        (N) Professional development investments. Each
20    Organizational Unit shall receive $125 per student of the
21    combined ASE of pre-kindergarten children with
22    disabilities and all kindergarten through grade 12
23    students for trainers and other professional
24    development-related expenses for supplies and materials.
25        (O) Instructional material investments. Each
26    Organizational Unit shall receive $190 per student of the

 

 

10000SB0001sam003- 329 -LRB100 06371 NHT 24718 a

1    combined ASE of pre-kindergarten children with
2    disabilities and all kindergarten through grade 12
3    students to cover instructional material costs.
4        (P) Assessment investments. Each Organizational Unit
5    shall receive $25 per student of the combined ASE of
6    pre-kindergarten children with disabilities and all
7    kindergarten through grade 12 students student to cover
8    assessment costs.
9        (Q) Computer technology and equipment investments.
10    Each Organizational Unit shall receive $571 per student of
11    the combined ASE of pre-kindergarten children with
12    disabilities and all kindergarten through grade 12
13    students to cover computer technology and equipment costs.
14        (R) Student activities investments. Each
15    Organizational Unit shall receive the following funding
16    amounts to cover student activities: $100 per kindergarten
17    through grade 5 ASE student in elementary school, plus $200
18    per ASE student in middle school, plus $675 per ASE student
19    in high school.
20        (S) Maintenance and operations investments. Each
21    Organizational Unit shall receive $1,038 per student of the
22    combined ASE of pre-kindergarten children with
23    disabilities and all kindergarten through grade 12 for
24    day-to-day maintenance and operations expenditures,
25    including salary, supplies, and materials, as well as
26    purchased services, but excluding employee benefits. The

 

 

10000SB0001sam003- 330 -LRB100 06371 NHT 24718 a

1    proportion of salary for the application of a
2    Regionalization Factor and the calculation of benefits is
3    equal to $352.92.
4        (T) Central office investments. Each Organizational
5    Unit shall receive $742 per student of the combined ASE of
6    pre-kindergarten children with disabilities and all
7    kindergarten through grade 12 students to cover central
8    office operations, including administrators and classified
9    personnel charged with managing the instructional
10    programs, business and operations of the school district,
11    and security personnel. The proportion of salary for the
12    application of a Regionalization Factor and the
13    calculation of benefits is equal to $368.48.
14        (U) Employee benefit investments. Each Organizational
15    Unit shall receive 30% of the total of all
16    salary-calculated elements of the Adequacy Target,
17    excluding substitute teachers and student activities
18    investments, to cover benefit costs. For central office and
19    maintenance and operations investments, the benefit
20    calculation shall be based upon the salary proportion of
21    each investment. If at any time the responsibility for
22    funding the employer normal cost of teacher pensions is
23    assigned to school districts, then that amount certified by
24    the Teachers' Retirement System of the State of Illinois to
25    be paid by the Organizational Unit for the preceding school
26    year shall be added to the benefit investment. For any

 

 

10000SB0001sam003- 331 -LRB100 06371 NHT 24718 a

1    fiscal year in which a school district organized under
2    Article 34 of this Code is responsible for paying the
3    employer normal cost of teacher pensions, then that amount
4    of its employer normal cost as certified by the Public
5    School Teachers' Pension and Retirement Fund of Chicago to
6    be paid by the school district for the preceding school
7    year that is statutorily required to cover employer normal
8    costs shall be added to the 30% specified in this
9    subparagraph (U). The Public School Teachers' Pension and
10    Retirement Fund of Chicago shall submit such information as
11    the State Superintendent may require for the calculations
12    set forth in this subparagraph (U).
13        (V) Additional investments in low-income students. In
14    addition to and not in lieu of all other funding under this
15    paragraph (2), each Organizational Unit shall receive
16    funding based on the average teacher salary for grades K
17    through 12 to cover the costs of: (i) one FTE intervention
18    teacher (tutor) position for every 125 Low-Income Count
19    students; (ii) one FTE pupil support staff position for
20    every 125 Low-Income Count students; (iii) one FTE extended
21    day teacher position for every 120 Low-Income Count
22    students; and (iv) one FTE summer school teacher position
23    for every 120 Low-Income Count students.
24        (W) Additional investments in EL students. In addition
25    to and not in lieu of all other funding under this
26    paragraph (2), each Organizational Unit shall receive

 

 

10000SB0001sam003- 332 -LRB100 06371 NHT 24718 a

1    funding based on the average teacher salary for grades K
2    through 12 to cover the costs of:
3            (i) one FTE intervention teacher (tutor) position
4        for every 125 EL students;
5            (ii) one FTE pupil support staff position for every
6        125 EL students;
7            (iii) one FTE extended day teacher position for
8        every 120 EL students;
9            (iv) one FTE summer school teacher position for
10        every 120 EL students; and
11            (v) one FTE core teacher position for every 100 EL
12        students.
13        (X) Special education investments. Each Organizational
14    Unit shall receive funding based on the average teacher
15    salary for grades K through 12 to cover special education
16    as follows:
17            (i) one FTE teacher position for every 141 combined
18        ASE of pre-kindergarten children with disabilities and
19        all kindergarten through grade 12 students;
20            (ii) one FTE instructional assistant for every 141
21        combined ASE of pre-kindergarten children with
22        disabilities and all kindergarten through grade 12
23        students; and
24            (iii) one FTE psychologist position for every
25        1,000 combined ASE of pre-kindergarten children with
26        disabilities and all kindergarten through grade 12

 

 

10000SB0001sam003- 333 -LRB100 06371 NHT 24718 a

1        students.
2    (3) For calculating the salaries included within the
3Essential Elements, the State Superintendent shall annually
4calculate average salaries to the nearest dollar using the
5employment information system data maintained by the State
6Board, limited to public schools only and excluding special
7education and vocational cooperatives, schools operated by the
8Department of Juvenile Justice, and charter schools, for the
9following positions:
10        (A) Teacher for grades K through 8.
11        (B) Teacher for grades 9 through 12.
12        (C) Teacher for grades K through 12.
13        (D) Guidance counselor for grades K through 8.
14        (E) Guidance counselor for grades 9 through 12.
15        (F) Guidance counselor for grades K through 12.
16        (G) Social worker.
17        (H) Psychologist.
18        (I) Librarian.
19        (J) Nurse.
20        (K) Principal.
21        (L) Assistant principal.
22For the purposes of this paragraph (3),"teacher" includes core
23teachers, specialist and elective teachers, instructional
24facilitators, tutors, special education teachers, pupil
25support staff teachers, English learner teachers, extended-day
26teachers, and summer school teachers. Where specific grade data

 

 

10000SB0001sam003- 334 -LRB100 06371 NHT 24718 a

1is not required for the Essential Elements, the average salary
2for corresponding positions shall apply. For substitute
3teachers, the average teacher salary for grades K through 12
4shall apply.
5    For calculating the salaries included within the Essential
6Elements for positions not included within EIS Data, the
7following salaries shall be used in the first year of
8implementation of Evidence-Based Funding:
9        (i) school site staff, $30,000; and
10        (ii) on-instructional assistant, instructional
11    assistant, library aide, library media tech, or
12    supervisory aide: $25,000.
13In the second and subsequent years of implementation of
14Evidence-Based Funding, the amounts in items (i) and (ii) of
15this paragraph (3) shall annually increase by the ECI.
16    The salary amounts for the Essential Elements determined
17pursuant to subparagraphs (A) through (L), (S) and (T), and (V)
18through (X) of paragraph (2) of subsection (b) of this Section
19shall be multiplied by a Regionalization Factor.
20    (c) Local capacity calculation.
21    (1) Each Organizational Unit's Local Capacity represents
22an amount of funding it is assumed to contribute toward its
23Adequacy Target for purposes of the Evidence-Based Funding
24formula calculation. "Local Capacity" means either (i) the
25Organizational Unit's Local Capacity Target as calculated in
26accordance with paragraph (2) of this subsection (c) if its

 

 

10000SB0001sam003- 335 -LRB100 06371 NHT 24718 a

1Real Receipts are equal to or less than its Local Capacity
2Target or (ii) the Organizational Unit's Adjusted Local
3Capacity, as calculated in accordance with paragraph (3) of
4this subsection (c) if Real Receipts are more than its Local
5Capacity Target.
6    (2) "Local Capacity Target" means, for an Organizational
7Unit, that dollar amount that is obtained by multiplying its
8Adequacy Target by its Local Capacity Percentage.
9        (A) An Organizational Unit's Local Capacity Percentage
10    is the conversion of the Organizational Unit's Local
11    Capacity Ratio, as such ratio is determined in accordance
12    with subparagraph (B) of this paragraph (2), into a normal
13    curve equivalent score to determine each Organizational
14    Unit's relative position to all other Organizational Units
15    in this State. The calculation of Local Capacity Percentage
16    is described in subparagraph (C) of this paragraph (2).
17        (B) An Organizational Unit's Local Capacity Ratio in a
18    given year is the percentage obtained by dividing its
19    Adjusted EAV by its Adequacy Target, with the resulting
20    ratio further adjusted as follows:
21            (i) for Organizational Units serving grades
22        kindergarten through 12 and Hybrid Districts, no
23        further adjustments shall be made;
24            (ii) for Organizational Units serving grades
25        kindergarten through 8, the ratio shall be multiplied
26        by 9/13;

 

 

10000SB0001sam003- 336 -LRB100 06371 NHT 24718 a

1            (iii) for Organizational Units serving grades 9
2        through 12, the Local Capacity Ratio shall be
3        multiplied by 4/13; and
4            (iv) for an Organizational Unit with a different
5        grade configuration than those specified in items (i)
6        through (iii) of this subparagraph (B), the State
7        Superintendent shall determine a comparable adjustment
8        based on the grades served.
9        (C) Local Capacity Percentage converts each
10    Organizational Unit's Local Capacity Ratio to a normal
11    curve equivalent score to determine each Organizational
12    Unit's relative position to all other Organizational Units
13    in this State. The Local Capacity Percentage normal curve
14    equivalent score for each Organizational Unit shall be
15    calculated using the standard normal distribution of the
16    score in relation to the weighted mean and weighted
17    standard deviation and Local Capacity Ratios of all
18    Organizational Units. If the value assigned to any
19    Organizational Unit is in excess of 90%, the value shall be
20    adjusted to 90%. For Laboratory Schools, the Local Capacity
21    Percentage shall be set at 10% in recognition of the
22    absence of EAV and resources from the public university
23    that are allocated to the Laboratory School. The weighted
24    mean for the Local Capacity Percentage shall be determined
25    by multiplying each Organizational Unit's Local Capacity
26    Ratio times the ASE for the unit creating a weighted value,

 

 

10000SB0001sam003- 337 -LRB100 06371 NHT 24718 a

1    summing the weighted values of all Organizational Units,
2    and dividing by the total ASE of all Organizational Units.
3    The weighted standard deviation shall be determined by
4    taking the square root of the weighted variance of all
5    Organizational Units' Local Capacity Ratio, where the
6    variance is calculated by squaring the difference between
7    each unit's Local Capacity Ratio and the weighted mean,
8    then multiplying the variance for each unit times the ASE
9    for the unit to create a weighted variance for each unit,
10    then summing all units' weighted variance and dividing by
11    the total ASE of all units.
12    (3) If an Organizational Unit's Real Receipts are more than
13its Local Capacity Target, then its Local Capacity shall equal
14an Adjusted Local Capacity Target as calculated in accordance
15with this paragraph (3). The Adjusted Local Capacity Target is
16calculated as the sum of the Organizational Unit's Local
17Capacity Target and its Real Receipts Adjustment. The Real
18Receipts Adjustment equals the Organizational Unit's Real
19Receipts less its Local Capacity Target, with the resulting
20figure multiplied by its Preliminary Percent of Adequacy.
21    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
22purposes of the Local Capacity calculation.
23    (1) An Organizational Unit's Real Receipts are the product
24of its Applicable Tax Rate and its Adjusted EAV. An
25Organizational Unit's Applicable Tax Rate is its Operating Tax
26Rate for property within the Organizational Unit.

 

 

10000SB0001sam003- 338 -LRB100 06371 NHT 24718 a

1    (2) The State Superintendent shall calculate the Equalized
2Assessed Valuation, or EAV, of all taxable property of each
3Organizational Unit as of September 30 of the previous year in
4accordance with paragraph (3) of this subsection (d). The State
5Superintendent shall then determine the Adjusted EAV of each
6Organizational Unit in accordance with paragraph (4) of this
7subsection (d), which Adjusted EAV figure shall be used for the
8purposes of calculating Local Capacity.
9    (3) To calculate Real Receipts and EAV, the Department of
10Revenue shall supply to the State Superintendent the value as
11equalized or assessed by the Department of Revenue of all
12taxable property of every Organizational Unit, together with
13(i) the applicable tax rate used in extending taxes for the
14funds of the Organizational Unit as of September 30 of the
15previous year and (ii) the limiting rate for all Organizational
16Units subject to property tax extension limitations as imposed
17under PTELL.
18        (A) The Department of Revenue shall add to the
19    equalized assessed value of all taxable property of each
20    Organizational Unit situated entirely or partially within
21    a county that is or was subject to the provisions of
22    Section 15-176 or 15-177 of the Property Tax Code (i) an
23    amount equal to the total amount by which the homestead
24    exemption allowed under Section 15-176 or 15-177 of the
25    Property Tax Code for real property situated in that
26    Organizational Unit exceeds the total amount that would

 

 

10000SB0001sam003- 339 -LRB100 06371 NHT 24718 a

1    have been allowed in that Organizational Unit if the
2    maximum reduction under Section 15-176 was (I) $4,500 in
3    Cook County or $3,500 in all other counties in tax year
4    2003 or (II) $5,000 in all counties in tax year 2004 and
5    thereafter and (ii) an amount equal to the aggregate amount
6    for the taxable year of all additional exemptions under
7    Section 15-175 of the Property Tax Code for owners with a
8    household income of $30,000 or less. The county clerk of
9    any county that is or was subject to the provisions of
10    Section 15-176 or 15-177 of the Property Tax Code shall
11    annually calculate and certify to the Department of Revenue
12    for each Organizational Unit all homestead exemption
13    amounts under Section 15-176 or 15-177 of the Property Tax
14    Code and all amounts of additional exemptions under Section
15    15-175 of the Property Tax Code for owners with a household
16    income of $30,000 or less. It is the intent of this
17    subparagraph (A) that if the general homestead exemption
18    for a parcel of property is determined under Section 15-176
19    or 15-177 of the Property Tax Code rather than Section
20    15-175, then the calculation of EAV shall not be affected
21    by the difference, if any, between the amount of the
22    general homestead exemption allowed for that parcel of
23    property under Section 15-176 or 15-177 of the Property Tax
24    Code and the amount that would have been allowed had the
25    general homestead exemption for that parcel of property
26    been determined under Section 15-175 of the Property Tax

 

 

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1    Code. It is further the intent of this subparagraph (A)
2    that if additional exemptions are allowed under Section
3    15-175 of the Property Tax Code for owners with a household
4    income of less than $30,000, then the calculation of EAV
5    shall not be affected by the difference, if any, because of
6    those additional exemptions.
7        (B) With respect to any part of an Organizational Unit
8    within a redevelopment project area in respect to which a
9    municipality has adopted tax increment allocation
10    financing pursuant to the Tax Increment Allocation
11    Redevelopment Act, Division 74.4 of the Illinois Municipal
12    Code, or the Industrial Jobs Recovery Law, Division 74.6 of
13    the Illinois Municipal Code, no part of the current EAV of
14    real property located in any such project area which is
15    attributable to an increase above the total initial EAV of
16    such property shall be used as part of the EAV of the
17    Organizational Unit, until such time as all redevelopment
18    project costs have been paid, as provided in Section
19    11-74.4-8 of the Tax Increment Allocation Redevelopment
20    Act or in Section 11-74.6-35 of the Industrial Jobs
21    Recovery Law. For the purpose of the EAV of the
22    Organizational Unit, the total initial EAV or the current
23    EAV, whichever is lower, shall be used until such time as
24    all redevelopment project costs have been paid.
25        (C) For Organizational Units that are Hybrid
26    Districts, the State Superintendent shall use the lesser of

 

 

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1    the equalized assessed valuation for property within the
2    partial elementary unit district for elementary purposes,
3    as defined in Article 11E of this Code, or the equalized
4    assessed valuation for property within the partial
5    elementary unit district for high school purposes, as
6    defined in Article 11E of this Code.
7    (4) An Organizational Unit's Adjusted EAV shall be the
8average of its EAV over the immediately preceding 3 years or
9its EAV in the immediately preceding year if the EAV in the
10immediately preceding year has declined by 10% or more compared
11to the 3-year average. In the event of Organizational Unit
12reorganization, consolidation, or annexation, the
13Organizational Unit's Adjusted EAV for the first 3 years after
14such change shall be as follows: the most current EAV shall be
15used in the first year, the average of a 2-year EAV or its EAV
16in the immediately preceding year if the EAV declines by 10% or
17more compared to the 2-year average for the second year, and a
183-year average EAV or its EAV in the immediately preceding year
19if the adjusted EAV declines by 10% or more compared to the
203-year average for the third year.
21    (e) Base Funding Minimum calculation.
22    (1) For the 2017-2018 school year, the Base Funding Minimum
23of an Organizational Unit, other than a Specially Funded Unit,
24shall be the amount of State funds distributed to the
25Organizational Unit during the 2016-2017 school year prior to
26any adjustments divided by the Organizational Unit's ASE for

 

 

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1the 2016-2017 school year and multiplied by the Organizational
2Unit's ASE for the 2017-2018 school year from the following
3Sections, as calculated by the State Superintendent: Section
418-8.05 of this Code (general State aid); Section 5 of Article
5224 of Public Act 99-524 (equity grants); Section 14-7.02b of
6this Code (funding for children requiring special education
7services); Section 14-13.01 of this Code (special education
8facilities and staffing), except for reimbursement of the cost
9of transportation pursuant to Section 14-13.01; Section 14C-12
10of this Code (English Learners); and Section 18-4.3 of this
11Code (summer school). For a school district organized under
12Article 34 of this Code, the Base Funding Minimum also includes
13the funds allotted to the school district pursuant to Section
141D-1 of this Code attributable to funding programs authorized
15by the Sections of this Code listed in the preceding sentence.
16For Specially Funded Units, the Base Funding Minimum shall be
17the total amount of State funds allotted to the Specially
18Funded Unit during the 2016-2017 school year without any
19division by ASE.
20    (2) For the 2018-2019 and subsequent school years, the Base
21Funding Minimum shall be the sum of (i) the amount of
22Evidence-Based Funding for the prior school year and (ii) the
23Base Funding Minimum for the prior school year divided by the
24Unit's ASE utilized for the prior school year and multiplied by
25the Organizational Unit's ASE for the current school year,
26except that for Specially Funded Units no division by ASE shall

 

 

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1be applied.
2    (f) Percent of Adequacy and Final Resources calculation.
3    (1) The Evidence-Based Funding formula establishes a
4Percent of Adequacy for each Organizational Unit in order to
5place such units into tiers for the purposes of the funding
6distribution system described in subsection (g) of this
7Section. Initially, an Organizational Unit's Preliminary
8Resources and Preliminary Percent of Adequacy are calculated
9pursuant to paragraph (2) of this subsection (f). Then, an
10Organizational Unit's Final Resources and Final Percent of
11Adequacy are calculated to account for the Organizational
12Unit's poverty concentration levels pursuant to paragraphs (3)
13and (4) of this subsection (f).
14    (2) An Organizational Unit's Preliminary Resources are
15equal to the sum of its Local Capacity Target, CPPRT, and Base
16Funding Minimum. An Organizational Unit's Preliminary Percent
17of Adequacy is the lesser of (i) its Preliminary Resources
18divided by its Adequacy Target or (ii) 100%.
19    (3) Except for Specially Funded Units, an Organizational
20Unit's Final Resources are equal the sum of its Local Capacity,
21CPPRT, and Adjusted Base Funding Minimum. The Base Funding
22Minimum of each Specially Funded Unit shall serve as its Final
23Resources, except that the Base Funding Minimum for
24State-approved charter schools shall not include any portion of
25general State aid allocated in the prior year based on the per
26capita tuition charge times the charter school enrollment.

 

 

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1    (4) An Organizational Unit's Final Percent of Adequacy is
2its Final Resources divided by its Adequacy Target. A
3Organizational Unit's Adjusted Base Funding Minimum is equal to
4its Base Funding Minimum less its Supplemental Grant Funding,
5with the resulting figure added to the product of its
6Supplemental Grant Funding and Preliminary Percent of
7Adequacy.
8    (g) Evidence-Based Funding formula distribution system.
9    (1) In each school year under the Evidence-Based Funding
10formula, each Organizational Unit receives funding equal to the
11sum of its Base Funding Minimum and the unit's allocation of
12New State Funds determined pursuant to this subsection (g). To
13allocate New State Funds, the Evidence-Based Funding formula
14distribution system first places all Organizational Units into
15one of 4 tiers in accordance with paragraph (3) of this
16subsection (g), based on the Organizational Unit's Final
17Percent of Adequacy. New State Funds are allocated to each of
18the 4 tiers as follows: Tier 1 Aggregate Funding equals 50% of
19all New State Funds, Tier 2 Aggregate Funding equals 49% of all
20New State Funds, Tier 3 Aggregate Funding equals 0.9% of all
21New State Funds, and Tier 4 Aggregate Funding equals 0.1% of
22all New State Funds. Each Organizational Unit within Tier 1 or
23Tier 2 receives an allocation of New State Funds equal to its
24Tier Funding Gap, as defined in the following sentence,
25multiplied by the tier's Allocation Rate determined pursuant to
26paragraph (4) of this subsection (g). For Tier 1 and Tier 2, an

 

 

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1Organizational Unit's Funding Gap equals the Tier's Target
2Ratio, as specified in paragraph (5) of this subsection (g),
3multiplied by the Organizational Unit's Adequacy Target, with
4the resulting amount reduced by the Organizational Unit's Final
5Resources and, for Tier 2 Organizational Units, its Tier 1
6funding allocation. Each Organizational Unit within Tier 3 or
7Tier 4 receives an allocation of New State Funds equal to the
8product of its Adequacy Target and the Tier's Allocation Rate,
9as specified in paragraph (4) of this subsection (g).
10    (2) To ensure equitable distribution of dollars for all
11Tier 2 Organizational Units, no Tier 2 Organizational Unit
12shall receive fewer dollars per ASE than any Tier 3
13Organizational Unit. Each Tier 2 and Tier 3 Organizational Unit
14shall have its funding allocation divided by its ASE. Any Tier
152 Organizational Unit with a funding allocation per ASE below
16the greatest Tier 3 allocation per ASE shall get a funding
17allocation equal to the greatest Tier 3 funding allocation per
18ASE multiplied by the Organizational Unit's ASE. The sum of the
19difference between each Tier 2 Organizational Unit's new
20funding allocation and original funding allocation shall be
21divided by the sum of the Tier 3 Organizational Unit's ASE.
22Each Tier 3 Organizational Unit's funding allocation shall be
23reduced by this quotient multiplied by the Organizational
24Unit's ASE.
25    (3) Organizational Units are placed into one of 4 tiers as
26follows:

 

 

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1        (A) Tier 1 consists of all Organizational Units, except
2    for Specially Funded Units, with a Percent of Adequacy less
3    than the Tier 1 Target Ratio. The Tier 1 Target Ratio is
4    the ratio level that allows for Tier 1 Aggregate Funding to
5    be distributed, with the Tier 1 Allocation Rate determined
6    pursuant to paragraph (4) of this subsection (g).
7        (B) Tier 2 consists of all Tier 1 Units and all other
8    Organizational Units, except for Specially Funded Units,
9    with a Percent of Adequacy of less than 0.90.
10        (C) Tier 3 consists of all Organizational Units, except
11    for Specially Funded Units, with a Percent of Adequacy of
12    at least 0.90 and less than 1.0.
13        (D) Tier 4 consists of all Organizational Units with a
14    Percent of Adequacy of at least 1.0 and Specially Funded
15    Units.
16    (4) The Allocation Rates for Tiers 1 through 4 is
17determined as follows:
18        (A) The Tier 1 Allocation Rate is 50%, unless such rate
19    is adjusted pursuant to paragraph (9) of this subsection
20    (g).
21        (B) The Tier 2 Allocation Rate is the result of the
22    following equation: Tier 2 Aggregate Funding, divided by
23    the sum of the Funding Gaps for all Tier 2 Organizational
24    Units, unless the result of such equation is higher than
25    1.0. If the result of such equation is higher than 1.0,
26    then the Tier 2 Allocation Rate is 1.0.

 

 

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1        (C) The Tier 3 Allocation Rate is the result of the
2    following equation: Tier 3 Aggregate Funding, divided by
3    the sum of the Adequacy Targets of all Tier 3
4    Organizational Units.
5        (D) The Tier 4 Allocation Rate is the result of the
6    following equation: Tier 4 Aggregate Funding, divided by
7    the sum of the Adequacy Targets of all Tier 4
8    Organizational Units.
9    (5) A tier's Target Ratio is determined as follows:
10        (A) The Tier 1 Target Ratio is the ratio level that
11    allows for Tier 1 Aggregate Funding to be distributed with
12    the Tier 1 Allocation Rate.
13        (B) The Tier 2 Target Ratio is 0.90.
14        (C) The Tier 3 Target Ratio is 1.0.
15    (6) If, at any point, the Tier 1 Target Ratio is greater
16than 90%, than all Tier 1 funding shall be allocated to Tier 2
17and no Tier 1 Organizational Unit's funding may be identified.
18    (7) In the event that all Tier 2 Organizational Units
19receive funding at the Tier 2 Target Ratio level, any remaining
20New State Funds shall be allocated to Tier 3 and Tier 4
21Organizational Units.
22    (8) If any Specially Funded Units recognized by the State
23Board do not qualify for direct funding following the
24implementation of this amendatory Act of the 100th General
25Assembly from any of the funding sources included within the
26definition of Base Funding Minimum, the unqualified portion of

 

 

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1the Base Funding Minimum shall be transferred to one or more
2appropriate Organizational Units as determined by the State
3Superintendent based on the prior year ASE of the
4Organizational Units.
5    (9) Notwithstanding the distribution formulae set forth in
6this subsection (g), funding for each tier shall be adjusted as
7set forth in this paragraph (9) if New State Funds are less
8than the Minimum Funding Level. The Minimum Funding Level is
9equal to: (i) the sum of 1% of the State Adequacy Level, plus
10the ECI multiplied by the State Adequacy Level, less (ii) the
11total increase in Real Receipts from the prior school year to
12the current school year. The Minimum Funding Level may never be
13greater than the sum of the Preliminary Resources subtracted
14from the Adequacy Target for each Tier 1, Tier 2, and Tier 3
15Organizational Unit. If New State Funds are less than the
16Minimum Funding Level, than funding for tiers shall be reduced
17in the following manner:
18        (A) First, Tier 4 funding shall be reduced by an amount
19    equal to the difference between the Minimum Funding Level
20    and New State Funds until such time as Tier 4 funding is
21    exhausted.
22        (B) Next, Tier 3 funding shall be reduced by an amount
23    equal to the difference between the Minimum Funding Level
24    and New State Funds and the reduction in Tier 4 funding
25    until such time as Tier 3 funding is exhausted.
26        (C) Then, Tier 2 funding shall be reduced by an amount

 

 

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1    equal to the difference between the Minimum Funding Level
2    and New State Funds and the reduction in Tier 4 and Tier 3
3    funding.
4        (D) Finally, Tier 1 funding shall be reduced by an
5    amount equal to the difference between the Minimum Funding
6    Level and New State Funds and the reduction in Tier 2, 3,
7    and 4 funding. In addition, the Allocation Rate for Tier 1
8    funding shall be reduced to a percentage equal to 50%,
9    multiplied by the result of New State Funds divided by the
10    Minimum Funding Level.
11    (10) In the event of a decrease in the amount of the
12appropriation for this Section in any fiscal year after
13implementation of this Section, the Organizational Units
14receiving Tier 1 and Tier 2 funding, as determined under
15paragraph (3) of this subsection (g), shall be held harmless by
16establishing a Base Funding Guarantee equal to the per pupil
17kindergarten through grade 12 funding received in accordance
18with this Section in the prior fiscal year. Reductions shall be
19made to the Base Funding Minimum of Organizational Units in
20Tier 3 and Tier 4 on a per pupil basis equivalent to the total
21number of the ASE in Tier 3-funded and Tier 4-funded
22Organizational Units divided by the total reduction in State
23funding. The Base Funding Minimum as reduced shall continue to
24be applied to Tier 3 and Tier 4 Organizational Units and
25adjusted by the relative formula when increases in
26appropriations for this Section resume. In no event may State

 

 

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1funding reductions to Organizational Units in Tier 3 or Tier 4
2exceed an amount that would be less than the Base Funding
3Minimum established in the first year of implementation of this
4Section. If additional reductions are required, all school
5districts shall receive a reduction by a per pupil amount equal
6to the aggregate additional appropriation reduction divided by
7the total ASE of all Organizational Units.
8    (11) The State Superintendent shall make minor adjustments
9to the distribution formulae set forth in this subsection (g)
10to account for the rounding of percentages to the nearest tenth
11of a percentage and dollar amounts to the nearest whole dollar.
12    (h) State Superintendent administration of funding and
13district submission requirements.
14    (1) The State Superintendent shall, in accordance with
15appropriations made by the General Assembly, meet the funding
16obligations created under this Section.
17    (2) The State Superintendent shall calculate the Adequacy
18Target for each Organizational Unit and Net State Contribution
19Target for each Organizational Unit under this Section. The
20State Superintendent shall also certify the actual amounts of
21the New State Funds payable for each eligible Organizational
22Unit based on the equitable distribution calculation to the
23unit's treasurer, as soon as possible after such amounts are
24calculated, including any applicable adjusted charge-off
25increase. No Evidence-Based Funding shall be distributed
26within an Organizational Unit without the approval of the

 

 

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1unit's school board.
2    (3) Annually, the State Superintendent shall calculate and
3report to each Organizational Unit the unit's aggregate
4financial adequacy amount, which shall be the sum of the
5Adequacy Target for each Organizational Unit. The State
6Superintendent shall calculate and report separately for each
7Organizational Unit the unit's total State funds allocated for
8its students with disabilities. The State Superintendent shall
9calculate and report separately for each Organizational Unit
10the amount of funding and applicable FTE calculated for each
11Essential Element of the unit's Adequacy Target.
12    (4) Moneys distributed under this Section shall be
13calculated on a school year basis, but paid on a fiscal year
14basis, with payments beginning in August and extending through
15June. Unless otherwise provided, the moneys appropriated for
16each fiscal year shall be distributed in 22 equal payments at
17least 2 times monthly to each Organizational Unit. The State
18Board shall publish a yearly distribution schedule at its
19meeting in June. If moneys appropriated for any fiscal year are
20distributed other than monthly, the distribution shall be on
21the same basis for each Organizational Unit.
22    (5) Any school district that fails, for any given school
23year, to maintain school as required by law or to maintain a
24recognized school is not eligible to receive Evidence-Based
25Funding. In case of non-recognition of one or more attendance
26centers in a school district otherwise operating recognized

 

 

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1schools, the claim of the district shall be reduced in the
2proportion that the enrollment in the attendance center or
3centers bears to the enrollment of the school district.
4"Recognized school" means any public school that meets the
5standards for recognition by the State Board. A school district
6or attendance center not having recognition status at the end
7of a school term is entitled to receive State aid payments due
8upon a legal claim that was filed while it was recognized.
9    (6) School district claims filed under this Section are
10subject to Sections 18-9 and 18-12 of this Code, except as
11otherwise provided in this Section.
12    (7) Each fiscal year, the State Superintendent shall
13calculate for each Organizational Unit an amount of its Base
14Funding Minimum and Evidence-Based Funding that shall be deemed
15attributable to the provision of special educational
16facilities and services, as defined in Section 14-1.08 of this
17Code, in a manner that ensures compliance with maintenance of
18State financial support requirements under the federal
19Individuals with Disabilities Education Act. An Organizational
20Unit must use such funds only for the provision of special
21educational facilities and services, as defined in Section
2214-1.08 of this Code, and must comply with any expenditure
23verification procedures adopted by the State Board.
24    (8) All Organizational Units in this State must submit
25annual spending plans by the end of September of each year to
26the State Board as part of the annual budget process, which

 

 

10000SB0001sam003- 353 -LRB100 06371 NHT 24718 a

1shall describe how each Organizational Unit will utilize the
2Base Minimum Funding and Evidence-Based funding it receives
3from this State under this Section with specific identification
4of the intended utilization of Low-Income, EL, and special
5education resources. The State Superintendent may, from time to
6time, identify additional requisites for Organizational Units
7to satisfy when compiling the annual spending plans required
8under this subsection (h). The format and scope of annual
9spending plans shall be developed by the State Superintendent
10in conjunction with the Professional Judgement Panel.
11    (9) No later than January 1, 2018, the State Superintendent
12shall develop a 5-year strategic plan for all Organizational
13Units to help in planning for adequacy funding under this
14Section. The State Superintendent shall submit the plan to the
15Governor and the General Assembly, as provided in Section 3.1
16of the General Assembly Organization Act. The plan shall
17include recommendations for:
18        (A) a framework for collaborative, professional,
19    innovative, and 21st century learning environments using
20    the Evidence-Based Funding model;
21        (B) ways to prepare and support this State's educators
22    for successful instructional careers;
23        (C) application and enhancement of the current
24    financial accountability measures and the Illinois
25    Balanced Accountability Measures in relation to elements
26    of the Evidence-Based Funding model; and

 

 

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1        (D) implementation of an effective school adequacy
2    funding system based on projected and recommended funding
3    levels from the General Assembly.
4    (i) Professional Judgment Panel.
5    (1) A Professional Judgment Panel is created to study and
6review the implementation and effect of the Evidence-Based
7Funding model under this Section and to recommend continual
8recalibration and future study topics. The Panel shall be
9appointed by the State Superintendent, except as otherwise
10provided in paragraph (2) of this subsection (i) and include
11the following members:
12        (A) Two appointees that represent district
13    superintendents, recommended by a statewide organization
14    that represents district superintendents.
15        (B) Two appointees that represent school boards,
16    recommended by a statewide organization that represents
17    school boards.
18        (C) Two appointees from districts that represent
19    school business officials, recommended by a statewide
20    organization that represents school business officials.
21        (D) Two appointees that represent school principals,
22    recommended by a statewide organization that represents
23    school principals.
24        (E) Two appointees that represent teachers,
25    recommended by a statewide organization that represents
26    teachers.

 

 

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1        (F) Two appointees that represent teachers,
2    recommended by another statewide organization that
3    represents teachers.
4        (G) Two appointees that represent regional
5    superintendents of schools, recommended by organizations
6    that represent regional superintendents.
7        (H) Two independent experts selected solely by the
8    State Superintendent.
9        (I) Two independent experts recommended by public
10    universities in this State.
11        (J) One member recommended by a statewide organization
12    that represents parents.
13        (K) Two representatives recommended by collective
14    impact organizations that represent major metropolitan
15    areas or geographic areas in Illinois.
16        (L) One member from a statewide organization focused on
17    research-based education policy to support a school system
18    that prepares all students for college, a career, and
19    democratic citizenship.
20        (M) One representative from a school district
21    organized under Article 34 of this Code.
22The State Superintendent shall ensure that the membership of
23the Panel includes representatives from school districts and
24communities reflecting the geographic and socio-economic
25diversity of this State. Staff from the State Board shall staff
26the Panel.

 

 

10000SB0001sam003- 356 -LRB100 06371 NHT 24718 a

1    (2) In addition to those Panel members appointed by the
2State Superintendent, 4 members of the General Assembly shall
3be appointed as follows: one member of the House of
4Representatives appointed by the Speaker of the House of
5Representatives, one member of the Senate appointed by the
6President of the Senate, one member of the House of
7Representatives appointed by the Minority Leader of the House
8of Representatives, and one member of the Senate appointed by
9the Minority Leader of the Senate.
10    (3) On an annual basis, the State Superintendent shall
11recalibrate the following per pupil elements of the Adequacy
12Target and applied to the formulas, based on the Panel's study
13of average expenses as reported in the most recent annual
14financial report:
15        (A) gifted under subparagraph (M) of paragraph (2) of
16    subsection (b) of this Section;
17        (B) instructional materials under subparagraph (O) of
18    paragraph (2) of subsection (b) of this Section;
19        (C) assessment under subparagraph (P) of paragraph (2)
20    of subsection (b) of this Section;
21        (D) student activities under subparagraph (R) of
22    paragraph (2) of subsection (b) of this Section;
23        (E) maintenance and operations under subparagraph (S)
24    of paragraph (2) of subsection (b) of this Section; and
25        (F) central office under subparagraph (T) of paragraph
26    (2) of subsection (b) of this Section.

 

 

10000SB0001sam003- 357 -LRB100 06371 NHT 24718 a

1    (4) On a periodic basis, the Panel shall study all the
2following elements and make recommendations to the State Board,
3the General Assembly, and the Governor for modification of this
4Section:
5        (A) The format and scope of annual spending plans
6    referenced in subsection (h) paragraph (8) of this Section.
7        (B) The Comparable Wage Index under this Section, to be
8    studied by the Panel and reestablished by the State
9    Superintendent every 5 years.
10        (C) Maintenance and operations. Within 5 years after
11    the implementation of this Section, the Panel shall make
12    recommendations for the further study of maintenance and
13    operations costs, including capital maintenance costs, and
14    recommend any additional reporting data required from
15    Organizational Units.
16        (D) "At-risk student" definition. Within 5 years after
17    the implementation of this Section, the Panel shall make
18    recommendations for the further study and determination of
19    an "at-risk student" definition.
20        (E) Benefits. Within 5 years after the implementation
21    of this Section, the Panel shall make recommendations for
22    further study of benefit costs.
23        (F) Technology. The per pupil target for technology
24    shall be reviewed every 3 years to determine whether
25    current allocations are sufficient to develop 21st century
26    learning in all classrooms in this State and supporting a

 

 

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1    one-to-one technological device program in each school.
2    Recommendations shall be made no later than 3 years after
3    the implementation of this Section.
4        (G) Local Capacity Target. Within 3 years after the
5    implementation of this Section, the Panel shall make
6    recommendations for any additional data desired to analyze
7    possible modifications to the Local Capacity Target, to be
8    based on measures in addition to solely EAV and to be
9    completed within 5 years after implementation of this
10    Section.
11        (H) Funding for Alternative Schools, Laboratory
12    Schools, safe schools, and alternative learning
13    opportunities programs. By the beginning of the 2021-2022
14    school year, the Panel shall study and make recommendations
15    regarding the funding levels for Alternative Schools,
16    Laboratory Schools, safe schools, and alternative learning
17    opportunities programs in this State.
18        (I) Funding for college and career acceleration
19    strategies. By the beginning of the 2021-2022 school year,
20    the Panel shall study and make recommendations regarding
21    funding levels to support college and career acceleration
22    strategies in high school that have been demonstrated to
23    result in improved secondary and postsecondary outcomes,
24    including Advanced Placement, dual-credit opportunities,
25    and college and career pathway systems.
26        (J) Special education investments. By the beginning of

 

 

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1    the 2021-2022 school year, the Panel shall study and make
2    recommendations on whether and how to account for
3    disability types within the special education funding
4    category.
5        (K) Early childhood investments. In collaboration with
6    the Illinois Early Learning Council, the Panel shall
7    include an analysis of what level of Preschool for All
8    Children funding would be necessary to serve all children
9    ages 0 through 5 years in the highest-priority service
10    tier, as specified in paragraph (4.5) of subsection (a) of
11    Section 2-3.71 of this Code, and an analysis of the
12    potential cost savings that that level of Preschool for All
13    Children investment would have on the kindergarten through
14    grade 12 system.
15    (j) References. Beginning July 1, 2017, references in other
16laws to general State aid funds or calculations under Section
1718-8.05 of this Code shall be deemed to be references to
18evidence-based model formula funds or calculations under this
19Section.
 
20    (105 ILCS 5/18-9)  (from Ch. 122, par. 18-9)
21    Sec. 18-9. Requirement for special equalization and
22supplementary State aid. If property comprising an aggregate
23assessed valuation equal to 6% or more of the total assessed
24valuation of all taxable property in a school district is owned
25by a person or corporation that is the subject of bankruptcy

 

 

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1proceedings or that has been adjudged bankrupt and, as a result
2thereof, has not paid taxes on the property, then the district
3may amend its general State aid or evidence-based funding claim
4(i) back to the inception of the bankruptcy, not to exceed 6
5years, in which time those taxes were not paid and (ii) for
6each succeeding year that those taxes remain unpaid, by adding
7to the claim an amount determined by multiplying the assessed
8valuation of the property on which taxes have not been paid due
9to the bankruptcy by the lesser of the total tax rate for the
10district for the tax year for which the taxes are unpaid or the
11applicable rate used in calculating the district's general
12State aid under paragraph (3) of subsection (D) of Section
1318-8.05 of this Code or evidence-based funding under Section
1418-8.15 of this Code, as applicable. If at any time a district
15that receives additional State aid under this Section receives
16tax revenue from the property for the years that taxes were not
17paid, the district's next claim for State aid shall be reduced
18in an amount equal to the taxes paid on the property, not to
19exceed the additional State aid received under this Section.
20Claims under this Section shall be filed on forms prescribed by
21the State Superintendent of Education, and the State
22Superintendent of Education, upon receipt of a claim, shall
23adjust the claim in accordance with the provisions of this
24Section. Supplementary State aid for each succeeding year under
25this Section shall be paid beginning with the first general
26State aid or evidence-based funding claim paid after the

 

 

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1district has filed a completed claim in accordance with this
2Section.
3(Source: P.A. 95-496, eff. 8-28-07.)
 
4    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
5    Sec. 18-12. Dates for filing State aid claims. The school
6board of each school district, a regional office of education,
7a laboratory school, or a State-authorized charter school shall
8require teachers, principals, or superintendents to furnish
9from records kept by them such data as it needs in preparing
10and certifying to the State Superintendent of Education its
11report of claims provided in Section 18-8.05 of this Code. The
12claim shall be based on the latest available equalized assessed
13valuation and tax rates, as provided in Section 18-8.05 or
1418-8.15, shall use the average daily attendance as determined
15by the method outlined in Section 18-8.05 or 18-8.15, and shall
16be certified and filed with the State Superintendent of
17Education by June 21 for districts and State-authorized charter
18schools with an official school calendar end date before June
1915 or within 2 weeks following the official school calendar end
20date for districts, regional offices of education, laboratory
21schools, or State-authorized charter schools with a school year
22end date of June 15 or later. Failure to so file by these
23deadlines constitutes a forfeiture of the right to receive
24payment by the State until such claim is filed. The State
25Superintendent of Education shall voucher for payment those

 

 

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1claims to the State Comptroller as provided in Section 18-11.
2    Except as otherwise provided in this Section, if any school
3district fails to provide the minimum school term specified in
4Section 10-19, the State aid claim for that year shall be
5reduced by the State Superintendent of Education in an amount
6equivalent to 1/176 or .56818% for each day less than the
7number of days required by this Code.
8    If the State Superintendent of Education determines that
9the failure to provide the minimum school term was occasioned
10by an act or acts of God, or was occasioned by conditions
11beyond the control of the school district which posed a
12hazardous threat to the health and safety of pupils, the State
13aid claim need not be reduced.
14    If a school district is precluded from providing the
15minimum hours of instruction required for a full day of
16attendance due to an adverse weather condition or a condition
17beyond the control of the school district that poses a
18hazardous threat to the health and safety of students, then the
19partial day of attendance may be counted if (i) the school
20district has provided at least one hour of instruction prior to
21the closure of the school district, (ii) a school building has
22provided at least one hour of instruction prior to the closure
23of the school building, or (iii) the normal start time of the
24school district is delayed.
25    If, prior to providing any instruction, a school district
26must close one or more but not all school buildings after

 

 

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1consultation with a local emergency response agency or due to a
2condition beyond the control of the school district, then the
3school district may claim attendance for up to 2 school days
4based on the average attendance of the 3 school days
5immediately preceding the closure of the affected school
6building or, if approved by the State Board of Education,
7utilize the provisions of an e-learning program for the
8affected school building as prescribed in Section 10-20.56 of
9this Code. The partial or no day of attendance described in
10this Section and the reasons therefore shall be certified
11within a month of the closing or delayed start by the school
12district superintendent to the regional superintendent of
13schools for forwarding to the State Superintendent of Education
14for approval.
15    Other than the utilization of any e-learning days as
16prescribed in Section 10-20.56 of this Code, no exception to
17the requirement of providing a minimum school term may be
18approved by the State Superintendent of Education pursuant to
19this Section unless a school district has first used all
20emergency days provided for in its regular calendar.
21    If the State Superintendent of Education declares that an
22energy shortage exists during any part of the school year for
23the State or a designated portion of the State, a district may
24operate the school attendance centers within the district 4
25days of the week during the time of the shortage by extending
26each existing school day by one clock hour of school work, and

 

 

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1the State aid claim shall not be reduced, nor shall the
2employees of that district suffer any reduction in salary or
3benefits as a result thereof. A district may operate all
4attendance centers on this revised schedule, or may apply the
5schedule to selected attendance centers, taking into
6consideration such factors as pupil transportation schedules
7and patterns and sources of energy for individual attendance
8centers.
9    Electronically submitted State aid claims shall be
10submitted by duly authorized district individuals over a secure
11network that is password protected. The electronic submission
12of a State aid claim must be accompanied with an affirmation
13that all of the provisions of Sections 18-8.05, 10-22.5, and
1424-4 of this Code are met in all respects.
15(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16.)
 
16    (105 ILCS 5/26-16)
17    Sec. 26-16. Graduation incentives program.
18    (a) The General Assembly finds that it is critical to
19provide options for children to succeed in school. The purpose
20of this Section is to provide incentives for and encourage all
21Illinois students who have experienced or are experiencing
22difficulty in the traditional education system to enroll in
23alternative programs.
24    (b) Any student who is below the age of 20 years is
25eligible to enroll in a graduation incentives program if he or

 

 

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1she:
2        (1) is considered a dropout pursuant to Section 26-2a
3    of this Code;
4        (2) has been suspended or expelled pursuant to Section
5    10-22.6 or 34-19 of this Code;
6        (3) is pregnant or is a parent;
7        (4) has been assessed as chemically dependent; or
8        (5) is enrolled in a bilingual education or LEP
9    program.
10    (c) The following programs qualify as graduation
11incentives programs for students meeting the criteria
12established in this Section:
13        (1) Any public elementary or secondary education
14    graduation incentives program established by a school
15    district or by a regional office of education.
16        (2) Any alternative learning opportunities program
17    established pursuant to Article 13B of this Code.
18        (3) Vocational or job training courses approved by the
19    State Superintendent of Education that are available
20    through the Illinois public community college system.
21    Students may apply for reimbursement of 50% of tuition
22    costs for one course per semester or a maximum of 3 courses
23    per school year. Subject to available funds, students may
24    apply for reimbursement of up to 100% of tuition costs upon
25    a showing of employment within 6 months after completion of
26    a vocational or job training program. The qualifications

 

 

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1    for reimbursement shall be established by the State
2    Superintendent of Education by rule.
3        (4) Job and career programs approved by the State
4    Superintendent of Education that are available through
5    Illinois-accredited private business and vocational
6    schools. Subject to available funds, pupils may apply for
7    reimbursement of up to 100% of tuition costs upon a showing
8    of employment within 6 months after completion of a job or
9    career program. The State Superintendent of Education
10    shall establish, by rule, the qualifications for
11    reimbursement, criteria for determining reimbursement
12    amounts, and limits on reimbursement.
13        (5) Adult education courses that offer preparation for
14    high school equivalency testing.
15    (d) Graduation incentives programs established by school
16districts are entitled to claim general State aid and
17evidence-based funding, subject to Sections 13B-50, 13B-50.5,
18and 13B-50.10 of this Code. Graduation incentives programs
19operated by regional offices of education are entitled to
20receive general State aid and evidence-based funding at the
21foundation level of support per pupil enrolled. A school
22district must ensure that its graduation incentives program
23receives supplemental general State aid, transportation
24reimbursements, and special education resources, if
25appropriate, for students enrolled in the program.
26(Source: P.A. 98-718, eff. 1-1-15.)
 

 

 

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1    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
2    (Text of Section before amendment by P.A. 99-927)
3    Sec. 27-8.1. Health examinations and immunizations.
4    (1) In compliance with rules and regulations which the
5Department of Public Health shall promulgate, and except as
6hereinafter provided, all children in Illinois shall have a
7health examination as follows: within one year prior to
8entering kindergarten or the first grade of any public,
9private, or parochial elementary school; upon entering the
10sixth and ninth grades of any public, private, or parochial
11school; prior to entrance into any public, private, or
12parochial nursery school; and, irrespective of grade,
13immediately prior to or upon entrance into any public, private,
14or parochial school or nursery school, each child shall present
15proof of having been examined in accordance with this Section
16and the rules and regulations promulgated hereunder. Any child
17who received a health examination within one year prior to
18entering the fifth grade for the 2007-2008 school year is not
19required to receive an additional health examination in order
20to comply with the provisions of Public Act 95-422 when he or
21she attends school for the 2008-2009 school year, unless the
22child is attending school for the first time as provided in
23this paragraph.
24    A tuberculosis skin test screening shall be included as a
25required part of each health examination included under this

 

 

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1Section if the child resides in an area designated by the
2Department of Public Health as having a high incidence of
3tuberculosis. Additional health examinations of pupils,
4including eye examinations, may be required when deemed
5necessary by school authorities. Parents are encouraged to have
6their children undergo eye examinations at the same points in
7time required for health examinations.
8    (1.5) In compliance with rules adopted by the Department of
9Public Health and except as otherwise provided in this Section,
10all children in kindergarten and the second and sixth grades of
11any public, private, or parochial school shall have a dental
12examination. Each of these children shall present proof of
13having been examined by a dentist in accordance with this
14Section and rules adopted under this Section before May 15th of
15the school year. If a child in the second or sixth grade fails
16to present proof by May 15th, the school may hold the child's
17report card until one of the following occurs: (i) the child
18presents proof of a completed dental examination or (ii) the
19child presents proof that a dental examination will take place
20within 60 days after May 15th. The Department of Public Health
21shall establish, by rule, a waiver for children who show an
22undue burden or a lack of access to a dentist. Each public,
23private, and parochial school must give notice of this dental
24examination requirement to the parents and guardians of
25students at least 60 days before May 15th of each school year.
26    (1.10) Except as otherwise provided in this Section, all

 

 

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1children enrolling in kindergarten in a public, private, or
2parochial school on or after the effective date of this
3amendatory Act of the 95th General Assembly and any student
4enrolling for the first time in a public, private, or parochial
5school on or after the effective date of this amendatory Act of
6the 95th General Assembly shall have an eye examination. Each
7of these children shall present proof of having been examined
8by a physician licensed to practice medicine in all of its
9branches or a licensed optometrist within the previous year, in
10accordance with this Section and rules adopted under this
11Section, before October 15th of the school year. If the child
12fails to present proof by October 15th, the school may hold the
13child's report card until one of the following occurs: (i) the
14child presents proof of a completed eye examination or (ii) the
15child presents proof that an eye examination will take place
16within 60 days after October 15th. The Department of Public
17Health shall establish, by rule, a waiver for children who show
18an undue burden or a lack of access to a physician licensed to
19practice medicine in all of its branches who provides eye
20examinations or to a licensed optometrist. Each public,
21private, and parochial school must give notice of this eye
22examination requirement to the parents and guardians of
23students in compliance with rules of the Department of Public
24Health. Nothing in this Section shall be construed to allow a
25school to exclude a child from attending because of a parent's
26or guardian's failure to obtain an eye examination for the

 

 

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1child.
2    (2) The Department of Public Health shall promulgate rules
3and regulations specifying the examinations and procedures
4that constitute a health examination, which shall include the
5collection of data relating to obesity (including at a minimum,
6date of birth, gender, height, weight, blood pressure, and date
7of exam), and a dental examination and may recommend by rule
8that certain additional examinations be performed. The rules
9and regulations of the Department of Public Health shall
10specify that a tuberculosis skin test screening shall be
11included as a required part of each health examination included
12under this Section if the child resides in an area designated
13by the Department of Public Health as having a high incidence
14of tuberculosis. The Department of Public Health shall specify
15that a diabetes screening as defined by rule shall be included
16as a required part of each health examination. Diabetes testing
17is not required.
18    Physicians licensed to practice medicine in all of its
19branches, licensed advanced practice nurses, or licensed
20physician assistants shall be responsible for the performance
21of the health examinations, other than dental examinations, eye
22examinations, and vision and hearing screening, and shall sign
23all report forms required by subsection (4) of this Section
24that pertain to those portions of the health examination for
25which the physician, advanced practice nurse, or physician
26assistant is responsible. If a registered nurse performs any

 

 

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1part of a health examination, then a physician licensed to
2practice medicine in all of its branches must review and sign
3all required report forms. Licensed dentists shall perform all
4dental examinations and shall sign all report forms required by
5subsection (4) of this Section that pertain to the dental
6examinations. Physicians licensed to practice medicine in all
7its branches or licensed optometrists shall perform all eye
8examinations required by this Section and shall sign all report
9forms required by subsection (4) of this Section that pertain
10to the eye examination. For purposes of this Section, an eye
11examination shall at a minimum include history, visual acuity,
12subjective refraction to best visual acuity near and far,
13internal and external examination, and a glaucoma evaluation,
14as well as any other tests or observations that in the
15professional judgment of the doctor are necessary. Vision and
16hearing screening tests, which shall not be considered
17examinations as that term is used in this Section, shall be
18conducted in accordance with rules and regulations of the
19Department of Public Health, and by individuals whom the
20Department of Public Health has certified. In these rules and
21regulations, the Department of Public Health shall require that
22individuals conducting vision screening tests give a child's
23parent or guardian written notification, before the vision
24screening is conducted, that states, "Vision screening is not a
25substitute for a complete eye and vision evaluation by an eye
26doctor. Your child is not required to undergo this vision

 

 

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1screening if an optometrist or ophthalmologist has completed
2and signed a report form indicating that an examination has
3been administered within the previous 12 months."
4    (3) Every child shall, at or about the same time as he or
5she receives a health examination required by subsection (1) of
6this Section, present to the local school proof of having
7received such immunizations against preventable communicable
8diseases as the Department of Public Health shall require by
9rules and regulations promulgated pursuant to this Section and
10the Communicable Disease Prevention Act.
11    (4) The individuals conducting the health examination,
12dental examination, or eye examination shall record the fact of
13having conducted the examination, and such additional
14information as required, including for a health examination
15data relating to obesity (including at a minimum, date of
16birth, gender, height, weight, blood pressure, and date of
17exam), on uniform forms which the Department of Public Health
18and the State Board of Education shall prescribe for statewide
19use. The examiner shall summarize on the report form any
20condition that he or she suspects indicates a need for special
21services, including for a health examination factors relating
22to obesity. The individuals confirming the administration of
23required immunizations shall record as indicated on the form
24that the immunizations were administered.
25    (5) If a child does not submit proof of having had either
26the health examination or the immunization as required, then

 

 

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1the child shall be examined or receive the immunization, as the
2case may be, and present proof by October 15 of the current
3school year, or by an earlier date of the current school year
4established by a school district. To establish a date before
5October 15 of the current school year for the health
6examination or immunization as required, a school district must
7give notice of the requirements of this Section 60 days prior
8to the earlier established date. If for medical reasons one or
9more of the required immunizations must be given after October
1015 of the current school year, or after an earlier established
11date of the current school year, then the child shall present,
12by October 15, or by the earlier established date, a schedule
13for the administration of the immunizations and a statement of
14the medical reasons causing the delay, both the schedule and
15the statement being issued by the physician, advanced practice
16nurse, physician assistant, registered nurse, or local health
17department that will be responsible for administration of the
18remaining required immunizations. If a child does not comply by
19October 15, or by the earlier established date of the current
20school year, with the requirements of this subsection, then the
21local school authority shall exclude that child from school
22until such time as the child presents proof of having had the
23health examination as required and presents proof of having
24received those required immunizations which are medically
25possible to receive immediately. During a child's exclusion
26from school for noncompliance with this subsection, the child's

 

 

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1parents or legal guardian shall be considered in violation of
2Section 26-1 and subject to any penalty imposed by Section
326-10. This subsection (5) does not apply to dental
4examinations and eye examinations. If the student is an
5out-of-state transfer student and does not have the proof
6required under this subsection (5) before October 15 of the
7current year or whatever date is set by the school district,
8then he or she may only attend classes (i) if he or she has
9proof that an appointment for the required vaccinations has
10been scheduled with a party authorized to submit proof of the
11required vaccinations. If the proof of vaccination required
12under this subsection (5) is not submitted within 30 days after
13the student is permitted to attend classes, then the student is
14not to be permitted to attend classes until proof of the
15vaccinations has been properly submitted. No school district or
16employee of a school district shall be held liable for any
17injury or illness to another person that results from admitting
18an out-of-state transfer student to class that has an
19appointment scheduled pursuant to this subsection (5).
20    (6) Every school shall report to the State Board of
21Education by November 15, in the manner which that agency shall
22require, the number of children who have received the necessary
23immunizations and the health examination (other than a dental
24examination or eye examination) as required, indicating, of
25those who have not received the immunizations and examination
26as required, the number of children who are exempt from health

 

 

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1examination and immunization requirements on religious or
2medical grounds as provided in subsection (8). On or before
3December 1 of each year, every public school district and
4registered nonpublic school shall make publicly available the
5immunization data they are required to submit to the State
6Board of Education by November 15. The immunization data made
7publicly available must be identical to the data the school
8district or school has reported to the State Board of
9Education.
10    Every school shall report to the State Board of Education
11by June 30, in the manner that the State Board requires, the
12number of children who have received the required dental
13examination, indicating, of those who have not received the
14required dental examination, the number of children who are
15exempt from the dental examination on religious grounds as
16provided in subsection (8) of this Section and the number of
17children who have received a waiver under subsection (1.5) of
18this Section.
19    Every school shall report to the State Board of Education
20by June 30, in the manner that the State Board requires, the
21number of children who have received the required eye
22examination, indicating, of those who have not received the
23required eye examination, the number of children who are exempt
24from the eye examination as provided in subsection (8) of this
25Section, the number of children who have received a waiver
26under subsection (1.10) of this Section, and the total number

 

 

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1of children in noncompliance with the eye examination
2requirement.
3    The reported information under this subsection (6) shall be
4provided to the Department of Public Health by the State Board
5of Education.
6    (7) Upon determining that the number of pupils who are
7required to be in compliance with subsection (5) of this
8Section is below 90% of the number of pupils enrolled in the
9school district, 10% of each State aid payment made pursuant to
10Section 18-8.05 or 18-8.15 to the school district for such year
11may be withheld by the State Board of Education until the
12number of students in compliance with subsection (5) is the
13applicable specified percentage or higher.
14    (8) Children of parents or legal guardians who object to
15health, dental, or eye examinations or any part thereof, to
16immunizations, or to vision and hearing screening tests on
17religious grounds shall not be required to undergo the
18examinations, tests, or immunizations to which they so object
19if such parents or legal guardians present to the appropriate
20local school authority a signed Certificate of Religious
21Exemption detailing the grounds for objection and the specific
22immunizations, tests, or examinations to which they object. The
23grounds for objection must set forth the specific religious
24belief that conflicts with the examination, test,
25immunization, or other medical intervention. The signed
26certificate shall also reflect the parent's or legal guardian's

 

 

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1understanding of the school's exclusion policies in the case of
2a vaccine-preventable disease outbreak or exposure. The
3certificate must also be signed by the authorized examining
4health care provider responsible for the performance of the
5child's health examination confirming that the provider
6provided education to the parent or legal guardian on the
7benefits of immunization and the health risks to the student
8and to the community of the communicable diseases for which
9immunization is required in this State. However, the health
10care provider's signature on the certificate reflects only that
11education was provided and does not allow a health care
12provider grounds to determine a religious exemption. Those
13receiving immunizations required under this Code shall be
14provided with the relevant vaccine information statements that
15are required to be disseminated by the federal National
16Childhood Vaccine Injury Act of 1986, which may contain
17information on circumstances when a vaccine should not be
18administered, prior to administering a vaccine. A healthcare
19provider may consider including without limitation the
20nationally accepted recommendations from federal agencies such
21as the Advisory Committee on Immunization Practices, the
22information outlined in the relevant vaccine information
23statement, and vaccine package inserts, along with the
24healthcare provider's clinical judgment, to determine whether
25any child may be more susceptible to experiencing an adverse
26vaccine reaction than the general population, and, if so, the

 

 

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1healthcare provider may exempt the child from an immunization
2or adopt an individualized immunization schedule. The
3Certificate of Religious Exemption shall be created by the
4Department of Public Health and shall be made available and
5used by parents and legal guardians by the beginning of the
62015-2016 school year. Parents or legal guardians must submit
7the Certificate of Religious Exemption to their local school
8authority prior to entering kindergarten, sixth grade, and
9ninth grade for each child for which they are requesting an
10exemption. The religious objection stated need not be directed
11by the tenets of an established religious organization.
12However, general philosophical or moral reluctance to allow
13physical examinations, eye examinations, immunizations, vision
14and hearing screenings, or dental examinations does not provide
15a sufficient basis for an exception to statutory requirements.
16The local school authority is responsible for determining if
17the content of the Certificate of Religious Exemption
18constitutes a valid religious objection. The local school
19authority shall inform the parent or legal guardian of
20exclusion procedures, in accordance with the Department's
21rules under Part 690 of Title 77 of the Illinois Administrative
22Code, at the time the objection is presented.
23    If the physical condition of the child is such that any one
24or more of the immunizing agents should not be administered,
25the examining physician, advanced practice nurse, or physician
26assistant responsible for the performance of the health

 

 

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1examination shall endorse that fact upon the health examination
2form.
3    Exempting a child from the health, dental, or eye
4examination does not exempt the child from participation in the
5program of physical education training provided in Sections
627-5 through 27-7 of this Code.
7    (9) For the purposes of this Section, "nursery schools"
8means those nursery schools operated by elementary school
9systems or secondary level school units or institutions of
10higher learning.
11(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1299-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
13    (Text of Section after amendment by P.A. 99-927)
14    Sec. 27-8.1. Health examinations and immunizations.
15    (1) In compliance with rules and regulations which the
16Department of Public Health shall promulgate, and except as
17hereinafter provided, all children in Illinois shall have a
18health examination as follows: within one year prior to
19entering kindergarten or the first grade of any public,
20private, or parochial elementary school; upon entering the
21sixth and ninth grades of any public, private, or parochial
22school; prior to entrance into any public, private, or
23parochial nursery school; and, irrespective of grade,
24immediately prior to or upon entrance into any public, private,
25or parochial school or nursery school, each child shall present

 

 

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1proof of having been examined in accordance with this Section
2and the rules and regulations promulgated hereunder. Any child
3who received a health examination within one year prior to
4entering the fifth grade for the 2007-2008 school year is not
5required to receive an additional health examination in order
6to comply with the provisions of Public Act 95-422 when he or
7she attends school for the 2008-2009 school year, unless the
8child is attending school for the first time as provided in
9this paragraph.
10    A tuberculosis skin test screening shall be included as a
11required part of each health examination included under this
12Section if the child resides in an area designated by the
13Department of Public Health as having a high incidence of
14tuberculosis. Additional health examinations of pupils,
15including eye examinations, may be required when deemed
16necessary by school authorities. Parents are encouraged to have
17their children undergo eye examinations at the same points in
18time required for health examinations.
19    (1.5) In compliance with rules adopted by the Department of
20Public Health and except as otherwise provided in this Section,
21all children in kindergarten and the second and sixth grades of
22any public, private, or parochial school shall have a dental
23examination. Each of these children shall present proof of
24having been examined by a dentist in accordance with this
25Section and rules adopted under this Section before May 15th of
26the school year. If a child in the second or sixth grade fails

 

 

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1to present proof by May 15th, the school may hold the child's
2report card until one of the following occurs: (i) the child
3presents proof of a completed dental examination or (ii) the
4child presents proof that a dental examination will take place
5within 60 days after May 15th. The Department of Public Health
6shall establish, by rule, a waiver for children who show an
7undue burden or a lack of access to a dentist. Each public,
8private, and parochial school must give notice of this dental
9examination requirement to the parents and guardians of
10students at least 60 days before May 15th of each school year.
11    (1.10) Except as otherwise provided in this Section, all
12children enrolling in kindergarten in a public, private, or
13parochial school on or after the effective date of this
14amendatory Act of the 95th General Assembly and any student
15enrolling for the first time in a public, private, or parochial
16school on or after the effective date of this amendatory Act of
17the 95th General Assembly shall have an eye examination. Each
18of these children shall present proof of having been examined
19by a physician licensed to practice medicine in all of its
20branches or a licensed optometrist within the previous year, in
21accordance with this Section and rules adopted under this
22Section, before October 15th of the school year. If the child
23fails to present proof by October 15th, the school may hold the
24child's report card until one of the following occurs: (i) the
25child presents proof of a completed eye examination or (ii) the
26child presents proof that an eye examination will take place

 

 

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1within 60 days after October 15th. The Department of Public
2Health shall establish, by rule, a waiver for children who show
3an undue burden or a lack of access to a physician licensed to
4practice medicine in all of its branches who provides eye
5examinations or to a licensed optometrist. Each public,
6private, and parochial school must give notice of this eye
7examination requirement to the parents and guardians of
8students in compliance with rules of the Department of Public
9Health. Nothing in this Section shall be construed to allow a
10school to exclude a child from attending because of a parent's
11or guardian's failure to obtain an eye examination for the
12child.
13    (2) The Department of Public Health shall promulgate rules
14and regulations specifying the examinations and procedures
15that constitute a health examination, which shall include an
16age-appropriate developmental screening, an age-appropriate
17social and emotional screening, and the collection of data
18relating to obesity (including at a minimum, date of birth,
19gender, height, weight, blood pressure, and date of exam), and
20a dental examination and may recommend by rule that certain
21additional examinations be performed. The rules and
22regulations of the Department of Public Health shall specify
23that a tuberculosis skin test screening shall be included as a
24required part of each health examination included under this
25Section if the child resides in an area designated by the
26Department of Public Health as having a high incidence of

 

 

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1tuberculosis. With respect to the developmental screening and
2the social and emotional screening, the Department of Public
3Health must develop rules and appropriate revisions to the
4Child Health Examination form in conjunction with a statewide
5organization representing school boards; a statewide
6organization representing pediatricians; statewide
7organizations representing individuals holding Illinois
8educator licenses with school support personnel endorsements,
9including school social workers, school psychologists, and
10school nurses; a statewide organization representing
11children's mental health experts; a statewide organization
12representing school principals; the Director of Healthcare and
13Family Services or his or her designee, the State
14Superintendent of Education or his or her designee; and
15representatives of other appropriate State agencies and, at a
16minimum, must recommend the use of validated screening tools
17appropriate to the child's age or grade, and, with regard to
18the social and emotional screening, require recording only
19whether or not the screening was completed. The rules shall
20take into consideration the screening recommendations of the
21American Academy of Pediatrics and must be consistent with the
22State Board of Education's social and emotional learning
23standards. The Department of Public Health shall specify that a
24diabetes screening as defined by rule shall be included as a
25required part of each health examination. Diabetes testing is
26not required.

 

 

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1    Physicians licensed to practice medicine in all of its
2branches, licensed advanced practice nurses, or licensed
3physician assistants shall be responsible for the performance
4of the health examinations, other than dental examinations, eye
5examinations, and vision and hearing screening, and shall sign
6all report forms required by subsection (4) of this Section
7that pertain to those portions of the health examination for
8which the physician, advanced practice nurse, or physician
9assistant is responsible. If a registered nurse performs any
10part of a health examination, then a physician licensed to
11practice medicine in all of its branches must review and sign
12all required report forms. Licensed dentists shall perform all
13dental examinations and shall sign all report forms required by
14subsection (4) of this Section that pertain to the dental
15examinations. Physicians licensed to practice medicine in all
16its branches or licensed optometrists shall perform all eye
17examinations required by this Section and shall sign all report
18forms required by subsection (4) of this Section that pertain
19to the eye examination. For purposes of this Section, an eye
20examination shall at a minimum include history, visual acuity,
21subjective refraction to best visual acuity near and far,
22internal and external examination, and a glaucoma evaluation,
23as well as any other tests or observations that in the
24professional judgment of the doctor are necessary. Vision and
25hearing screening tests, which shall not be considered
26examinations as that term is used in this Section, shall be

 

 

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1conducted in accordance with rules and regulations of the
2Department of Public Health, and by individuals whom the
3Department of Public Health has certified. In these rules and
4regulations, the Department of Public Health shall require that
5individuals conducting vision screening tests give a child's
6parent or guardian written notification, before the vision
7screening is conducted, that states, "Vision screening is not a
8substitute for a complete eye and vision evaluation by an eye
9doctor. Your child is not required to undergo this vision
10screening if an optometrist or ophthalmologist has completed
11and signed a report form indicating that an examination has
12been administered within the previous 12 months."
13    (2.5) With respect to the developmental screening and the
14social and emotional screening portion of the health
15examination, each child may present proof of having been
16screened in accordance with this Section and the rules adopted
17under this Section before October 15th of the school year. With
18regard to the social and emotional screening only, the
19examining health care provider shall only record whether or not
20the screening was completed. If the child fails to present
21proof of the developmental screening or the social and
22emotional screening portions of the health examination by
23October 15th of the school year, qualified school support
24personnel may, with a parent's or guardian's consent, offer the
25developmental screening or the social and emotional screening
26to the child. Each public, private, and parochial school must

 

 

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1give notice of the developmental screening and social and
2emotional screening requirements to the parents and guardians
3of students in compliance with the rules of the Department of
4Public Health. Nothing in this Section shall be construed to
5allow a school to exclude a child from attending because of a
6parent's or guardian's failure to obtain a developmental
7screening or a social and emotional screening for the child.
8Once a developmental screening or a social and emotional
9screening is completed and proof has been presented to the
10school, the school may, with a parent's or guardian's consent,
11make available appropriate school personnel to work with the
12parent or guardian, the child, and the provider who signed the
13screening form to obtain any appropriate evaluations and
14services as indicated on the form and in other information and
15documentation provided by the parents, guardians, or provider.
16    (3) Every child shall, at or about the same time as he or
17she receives a health examination required by subsection (1) of
18this Section, present to the local school proof of having
19received such immunizations against preventable communicable
20diseases as the Department of Public Health shall require by
21rules and regulations promulgated pursuant to this Section and
22the Communicable Disease Prevention Act.
23    (4) The individuals conducting the health examination,
24dental examination, or eye examination shall record the fact of
25having conducted the examination, and such additional
26information as required, including for a health examination

 

 

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1data relating to obesity (including at a minimum, date of
2birth, gender, height, weight, blood pressure, and date of
3exam), on uniform forms which the Department of Public Health
4and the State Board of Education shall prescribe for statewide
5use. The examiner shall summarize on the report form any
6condition that he or she suspects indicates a need for special
7services, including for a health examination factors relating
8to obesity. The duty to summarize on the report form does not
9apply to social and emotional screenings. The confidentiality
10of the information and records relating to the developmental
11screening and the social and emotional screening shall be
12determined by the statutes, rules, and professional ethics
13governing the type of provider conducting the screening. The
14individuals confirming the administration of required
15immunizations shall record as indicated on the form that the
16immunizations were administered.
17    (5) If a child does not submit proof of having had either
18the health examination or the immunization as required, then
19the child shall be examined or receive the immunization, as the
20case may be, and present proof by October 15 of the current
21school year, or by an earlier date of the current school year
22established by a school district. To establish a date before
23October 15 of the current school year for the health
24examination or immunization as required, a school district must
25give notice of the requirements of this Section 60 days prior
26to the earlier established date. If for medical reasons one or

 

 

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1more of the required immunizations must be given after October
215 of the current school year, or after an earlier established
3date of the current school year, then the child shall present,
4by October 15, or by the earlier established date, a schedule
5for the administration of the immunizations and a statement of
6the medical reasons causing the delay, both the schedule and
7the statement being issued by the physician, advanced practice
8nurse, physician assistant, registered nurse, or local health
9department that will be responsible for administration of the
10remaining required immunizations. If a child does not comply by
11October 15, or by the earlier established date of the current
12school year, with the requirements of this subsection, then the
13local school authority shall exclude that child from school
14until such time as the child presents proof of having had the
15health examination as required and presents proof of having
16received those required immunizations which are medically
17possible to receive immediately. During a child's exclusion
18from school for noncompliance with this subsection, the child's
19parents or legal guardian shall be considered in violation of
20Section 26-1 and subject to any penalty imposed by Section
2126-10. This subsection (5) does not apply to dental
22examinations, eye examinations, and the developmental
23screening and the social and emotional screening portions of
24the health examination. If the student is an out-of-state
25transfer student and does not have the proof required under
26this subsection (5) before October 15 of the current year or

 

 

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1whatever date is set by the school district, then he or she may
2only attend classes (i) if he or she has proof that an
3appointment for the required vaccinations has been scheduled
4with a party authorized to submit proof of the required
5vaccinations. If the proof of vaccination required under this
6subsection (5) is not submitted within 30 days after the
7student is permitted to attend classes, then the student is not
8to be permitted to attend classes until proof of the
9vaccinations has been properly submitted. No school district or
10employee of a school district shall be held liable for any
11injury or illness to another person that results from admitting
12an out-of-state transfer student to class that has an
13appointment scheduled pursuant to this subsection (5).
14    (6) Every school shall report to the State Board of
15Education by November 15, in the manner which that agency shall
16require, the number of children who have received the necessary
17immunizations and the health examination (other than a dental
18examination or eye examination) as required, indicating, of
19those who have not received the immunizations and examination
20as required, the number of children who are exempt from health
21examination and immunization requirements on religious or
22medical grounds as provided in subsection (8). On or before
23December 1 of each year, every public school district and
24registered nonpublic school shall make publicly available the
25immunization data they are required to submit to the State
26Board of Education by November 15. The immunization data made

 

 

10000SB0001sam003- 390 -LRB100 06371 NHT 24718 a

1publicly available must be identical to the data the school
2district or school has reported to the State Board of
3Education.
4    Every school shall report to the State Board of Education
5by June 30, in the manner that the State Board requires, the
6number of children who have received the required dental
7examination, indicating, of those who have not received the
8required dental examination, the number of children who are
9exempt from the dental examination on religious grounds as
10provided in subsection (8) of this Section and the number of
11children who have received a waiver under subsection (1.5) of
12this Section.
13    Every school shall report to the State Board of Education
14by June 30, in the manner that the State Board requires, the
15number of children who have received the required eye
16examination, indicating, of those who have not received the
17required eye examination, the number of children who are exempt
18from the eye examination as provided in subsection (8) of this
19Section, the number of children who have received a waiver
20under subsection (1.10) of this Section, and the total number
21of children in noncompliance with the eye examination
22requirement.
23    The reported information under this subsection (6) shall be
24provided to the Department of Public Health by the State Board
25of Education.
26    (7) Upon determining that the number of pupils who are

 

 

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1required to be in compliance with subsection (5) of this
2Section is below 90% of the number of pupils enrolled in the
3school district, 10% of each State aid payment made pursuant to
4Section 18-8.05 or 18-8.15 to the school district for such year
5may be withheld by the State Board of Education until the
6number of students in compliance with subsection (5) is the
7applicable specified percentage or higher.
8    (8) Children of parents or legal guardians who object to
9health, dental, or eye examinations or any part thereof, to
10immunizations, or to vision and hearing screening tests on
11religious grounds shall not be required to undergo the
12examinations, tests, or immunizations to which they so object
13if such parents or legal guardians present to the appropriate
14local school authority a signed Certificate of Religious
15Exemption detailing the grounds for objection and the specific
16immunizations, tests, or examinations to which they object. The
17grounds for objection must set forth the specific religious
18belief that conflicts with the examination, test,
19immunization, or other medical intervention. The signed
20certificate shall also reflect the parent's or legal guardian's
21understanding of the school's exclusion policies in the case of
22a vaccine-preventable disease outbreak or exposure. The
23certificate must also be signed by the authorized examining
24health care provider responsible for the performance of the
25child's health examination confirming that the provider
26provided education to the parent or legal guardian on the

 

 

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1benefits of immunization and the health risks to the student
2and to the community of the communicable diseases for which
3immunization is required in this State. However, the health
4care provider's signature on the certificate reflects only that
5education was provided and does not allow a health care
6provider grounds to determine a religious exemption. Those
7receiving immunizations required under this Code shall be
8provided with the relevant vaccine information statements that
9are required to be disseminated by the federal National
10Childhood Vaccine Injury Act of 1986, which may contain
11information on circumstances when a vaccine should not be
12administered, prior to administering a vaccine. A healthcare
13provider may consider including without limitation the
14nationally accepted recommendations from federal agencies such
15as the Advisory Committee on Immunization Practices, the
16information outlined in the relevant vaccine information
17statement, and vaccine package inserts, along with the
18healthcare provider's clinical judgment, to determine whether
19any child may be more susceptible to experiencing an adverse
20vaccine reaction than the general population, and, if so, the
21healthcare provider may exempt the child from an immunization
22or adopt an individualized immunization schedule. The
23Certificate of Religious Exemption shall be created by the
24Department of Public Health and shall be made available and
25used by parents and legal guardians by the beginning of the
262015-2016 school year. Parents or legal guardians must submit

 

 

10000SB0001sam003- 393 -LRB100 06371 NHT 24718 a

1the Certificate of Religious Exemption to their local school
2authority prior to entering kindergarten, sixth grade, and
3ninth grade for each child for which they are requesting an
4exemption. The religious objection stated need not be directed
5by the tenets of an established religious organization.
6However, general philosophical or moral reluctance to allow
7physical examinations, eye examinations, immunizations, vision
8and hearing screenings, or dental examinations does not provide
9a sufficient basis for an exception to statutory requirements.
10The local school authority is responsible for determining if
11the content of the Certificate of Religious Exemption
12constitutes a valid religious objection. The local school
13authority shall inform the parent or legal guardian of
14exclusion procedures, in accordance with the Department's
15rules under Part 690 of Title 77 of the Illinois Administrative
16Code, at the time the objection is presented.
17    If the physical condition of the child is such that any one
18or more of the immunizing agents should not be administered,
19the examining physician, advanced practice nurse, or physician
20assistant responsible for the performance of the health
21examination shall endorse that fact upon the health examination
22form.
23    Exempting a child from the health, dental, or eye
24examination does not exempt the child from participation in the
25program of physical education training provided in Sections
2627-5 through 27-7 of this Code.

 

 

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1    (9) For the purposes of this Section, "nursery schools"
2means those nursery schools operated by elementary school
3systems or secondary level school units or institutions of
4higher learning.
5(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
699-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
76-1-17.)
 
8    (105 ILCS 5/27A-9)
9    Sec. 27A-9. Term of charter; renewal.
10    (a) For charters granted before January 1, 2017 (the
11effective date of Public Act 99-840) this amendatory Act of the
1299th General Assembly, a charter may be granted for a period
13not less than 5 and not more than 10 school years. For charters
14granted on or after January 1, 2017 (the effective date of
15Public Act 99-840) this amendatory Act of the 99th General
16Assembly, a charter shall be granted for a period of 5 school
17years. For charters renewed before January 1, 2017 (the
18effective date of Public Act 99-840) this amendatory Act of the
1999th General Assembly, a charter may be renewed in incremental
20periods not to exceed 5 school years. For charters renewed on
21or after January 1, 2017 (the effective date of Public Act
2299-840) this amendatory Act of the 99th General Assembly, a
23charter may be renewed in incremental periods not to exceed 10
24school years; however, the Commission may renew a charter only
25in incremental periods not to exceed 5 years. Authorizers shall

 

 

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1ensure that every charter granted on or after January 1, 2017
2(the effective date of Public Act 99-840) this amendatory Act
3of the 99th General Assembly includes standards and goals for
4academic, organizational, and financial performance. A charter
5must meet all standards and goals for academic, organizational,
6and financial performance set forth by the authorizer in order
7to be renewed for a term in excess of 5 years but not more than
810 years. If an authorizer fails to establish standards and
9goals, a charter shall not be renewed for a term in excess of 5
10years. Nothing contained in this Section shall require an
11authorizer to grant a full 10-year renewal term to any
12particular charter school, but an authorizer may award a full
1310-year renewal term to charter schools that have a
14demonstrated track record of improving student performance.
15    (b) A charter school renewal proposal submitted to the
16local school board or the Commission, as the chartering entity,
17shall contain:
18        (1) A report on the progress of the charter school in
19    achieving the goals, objectives, pupil performance
20    standards, content standards, and other terms of the
21    initial approved charter proposal; and
22        (2) A financial statement that discloses the costs of
23    administration, instruction, and other spending categories
24    for the charter school that is understandable to the
25    general public and that will allow comparison of those
26    costs to other schools or other comparable organizations,

 

 

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1    in a format required by the State Board.
2    (c) A charter may be revoked or not renewed if the local
3school board or the Commission, as the chartering entity,
4clearly demonstrates that the charter school did any of the
5following, or otherwise failed to comply with the requirements
6of this law:
7        (1) Committed a material violation of any of the
8    conditions, standards, or procedures set forth in the
9    charter.
10        (2) Failed to meet or make reasonable progress toward
11    achievement of the content standards or pupil performance
12    standards identified in the charter.
13        (3) Failed to meet generally accepted standards of
14    fiscal management.
15        (4) Violated any provision of law from which the
16    charter school was not exempted.
17    In the case of revocation, the local school board or the
18Commission, as the chartering entity, shall notify the charter
19school in writing of the reason why the charter is subject to
20revocation. The charter school shall submit a written plan to
21the local school board or the Commission, whichever is
22applicable, to rectify the problem. The plan shall include a
23timeline for implementation, which shall not exceed 2 years or
24the date of the charter's expiration, whichever is earlier. If
25the local school board or the Commission, as the chartering
26entity, finds that the charter school has failed to implement

 

 

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1the plan of remediation and adhere to the timeline, then the
2chartering entity shall revoke the charter. Except in
3situations of an emergency where the health, safety, or
4education of the charter school's students is at risk, the
5revocation shall take place at the end of a school year.
6Nothing in Public Act 96-105 this amendatory Act of the 96th
7General Assembly shall be construed to prohibit an
8implementation timetable that is less than 2 years in duration.
9    (d) (Blank).
10    (e) Notice of a local school board's decision to deny,
11revoke, or not to renew a charter shall be provided to the
12Commission and the State Board. The Commission may reverse a
13local board's decision if the Commission finds that the charter
14school or charter school proposal (i) is in compliance with
15this Article, and (ii) is in the best interests of the students
16it is designed to serve. The Commission may condition the
17granting of an appeal on the acceptance by the charter school
18of funding in an amount less than that requested in the
19proposal submitted to the local school board. Final decisions
20of the Commission shall be subject to judicial review under the
21Administrative Review Law.
22    (f) Notwithstanding other provisions of this Article, if
23the Commission on appeal reverses a local board's decision or
24if a charter school is approved by referendum, the Commission
25shall act as the authorized chartering entity for the charter
26school. The Commission shall approve the charter and shall

 

 

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1perform all functions under this Article otherwise performed by
2the local school board. The State Board shall determine whether
3the charter proposal approved by the Commission is consistent
4with the provisions of this Article and, if the approved
5proposal complies, certify the proposal pursuant to this
6Article. The State Board shall report the aggregate number of
7charter school pupils resident in a school district to that
8district and shall notify the district of the amount of funding
9to be paid by the State Board to the charter school enrolling
10such students. The Commission shall require the charter school
11to maintain accurate records of daily attendance that shall be
12deemed sufficient to file claims under Section 18-8.05 or
1318-8.15 notwithstanding any other requirements of that Section
14regarding hours of instruction and teacher certification. The
15State Board shall withhold from funds otherwise due the
16district the funds authorized by this Article to be paid to the
17charter school and shall pay such amounts to the charter
18school.
19    (g) For charter schools authorized by the Commission, the
20Commission shall quarterly certify to the State Board the
21student enrollment for each of its charter schools.
22    (h) For charter schools authorized by the Commission, the
23State Board shall pay directly to a charter school any federal
24or State aid attributable to a student with a disability
25attending the school.
26(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;

 

 

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1revised 10-27-16.)
 
2    (105 ILCS 5/27A-11)
3    Sec. 27A-11. Local financing.
4    (a) For purposes of the School Code, pupils enrolled in a
5charter school shall be included in the pupil enrollment of the
6school district within which the pupil resides. Each charter
7school (i) shall determine the school district in which each
8pupil who is enrolled in the charter school resides, (ii) shall
9report the aggregate number of pupils resident of a school
10district who are enrolled in the charter school to the school
11district in which those pupils reside, and (iii) shall maintain
12accurate records of daily attendance that shall be deemed
13sufficient to file claims under Section 18-8 or 18-8.15
14notwithstanding any other requirements of that Section
15regarding hours of instruction and teacher certification.
16    (b) Except for a charter school established by referendum
17under Section 27A-6.5, as part of a charter school contract,
18the charter school and the local school board shall agree on
19funding and any services to be provided by the school district
20to the charter school. Agreed funding that a charter school is
21to receive from the local school board for a school year shall
22be paid in equal quarterly installments with the payment of the
23installment for the first quarter being made not later than
24July 1, unless the charter establishes a different payment
25schedule. However, if a charter school dismisses a pupil from

 

 

10000SB0001sam003- 400 -LRB100 06371 NHT 24718 a

1the charter school after receiving a quarterly payment, the
2charter school shall return to the school district, on a
3quarterly basis, the prorated portion of public funding
4provided for the education of that pupil for the time the
5student is not enrolled at the charter school. Likewise, if a
6pupil transfers to a charter school between quarterly payments,
7the school district shall provide, on a quarterly basis, a
8prorated portion of the public funding to the charter school to
9provide for the education of that pupil.
10    All services centrally or otherwise provided by the school
11district including, but not limited to, rent, food services,
12custodial services, maintenance, curriculum, media services,
13libraries, transportation, and warehousing shall be subject to
14negotiation between a charter school and the local school board
15and paid for out of the revenues negotiated pursuant to this
16subsection (b); provided that the local school board shall not
17attempt, by negotiation or otherwise, to obligate a charter
18school to provide pupil transportation for pupils for whom a
19district is not required to provide transportation under the
20criteria set forth in subsection (a)(13) of Section 27A-7.
21    In no event shall the funding be less than 75% or more than
22125% of the school district's per capita student tuition
23multiplied by the number of students residing in the district
24who are enrolled in the charter school.
25    It is the intent of the General Assembly that funding and
26service agreements under this subsection (b) shall be neither a

 

 

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1financial incentive nor a financial disincentive to the
2establishment of a charter school.
3    The charter school may set and collect reasonable fees.
4Fees collected from students enrolled at a charter school shall
5be retained by the charter school.
6    (c) Notwithstanding subsection (b) of this Section, the
7proportionate share of State and federal resources generated by
8students with disabilities or staff serving them shall be
9directed to charter schools enrolling those students by their
10school districts or administrative units. The proportionate
11share of moneys generated under other federal or State
12categorical aid programs shall be directed to charter schools
13serving students eligible for that aid.
14    (d) The governing body of a charter school is authorized to
15accept gifts, donations, or grants of any kind made to the
16charter school and to expend or use gifts, donations, or grants
17in accordance with the conditions prescribed by the donor;
18however, a gift, donation, or grant may not be accepted by the
19governing body if it is subject to any condition contrary to
20applicable law or contrary to the terms of the contract between
21the charter school and the local school board. Charter schools
22shall be encouraged to solicit and utilize community volunteer
23speakers and other instructional resources when providing
24instruction on the Holocaust and other historical events.
25    (e) (Blank).
26    (f) The Commission shall provide technical assistance to

 

 

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1persons and groups preparing or revising charter applications.
2    (g) At the non-renewal or revocation of its charter, each
3charter school shall refund to the local board of education all
4unspent funds.
5    (h) A charter school is authorized to incur temporary,
6short term debt to pay operating expenses in anticipation of
7receipt of funds from the local school board.
8(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78,
9eff. 7-20-15.)
 
10    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
11    Sec. 29-5. Reimbursement by State for transportation. Any
12school district, maintaining a school, transporting resident
13pupils to another school district's vocational program,
14offered through a joint agreement approved by the State Board
15of Education, as provided in Section 10-22.22 or transporting
16its resident pupils to a school which meets the standards for
17recognition as established by the State Board of Education
18which provides transportation meeting the standards of safety,
19comfort, convenience, efficiency and operation prescribed by
20the State Board of Education for resident pupils in
21kindergarten or any of grades 1 through 12 who: (a) reside at
22least 1 1/2 miles as measured by the customary route of travel,
23from the school attended; or (b) reside in areas where
24conditions are such that walking constitutes a hazard to the
25safety of the child when determined under Section 29-3; and (c)

 

 

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1are transported to the school attended from pick-up points at
2the beginning of the school day and back again at the close of
3the school day or transported to and from their assigned
4attendance centers during the school day, shall be reimbursed
5by the State as hereinafter provided in this Section.
6    The State will pay the cost of transporting eligible pupils
7less the assessed valuation in a dual school district
8maintaining secondary grades 9 to 12 inclusive times a
9qualifying rate of .05%; in elementary school districts
10maintaining grades K to 8 times a qualifying rate of .06%; and
11in unit districts maintaining grades K to 12, including
12optional elementary unit districts and combined high school -
13unit districts, times a qualifying rate of .07%; provided that
14for optional elementary unit districts and combined high school -
15 unit districts, assessed valuation for high school purposes,
16as defined in Article 11E of this Code, must be used. To be
17eligible to receive reimbursement in excess of 4/5 of the cost
18to transport eligible pupils, a school district shall have a
19Transportation Fund tax rate of at least .12%. If a school
20district does not have a .12% Transportation Fund tax rate, the
21amount of its claim in excess of 4/5 of the cost of
22transporting pupils shall be reduced by the sum arrived at by
23subtracting the Transportation Fund tax rate from .12% and
24multiplying that amount by the districts equalized or assessed
25valuation, provided, that in no case shall said reduction
26result in reimbursement of less than 4/5 of the cost to

 

 

10000SB0001sam003- 404 -LRB100 06371 NHT 24718 a

1transport eligible pupils.
2    The minimum amount to be received by a district is $16
3times the number of eligible pupils transported.
4    When calculating the reimbursement for transportation
5costs, the State Board of Education may not deduct the number
6of pupils enrolled in early education programs from the number
7of pupils eligible for reimbursement if the pupils enrolled in
8the early education programs are transported at the same time
9as other eligible pupils.
10    Any such district transporting resident pupils during the
11school day to an area vocational school or another school
12district's vocational program more than 1 1/2 miles from the
13school attended, as provided in Sections 10-22.20a and
1410-22.22, shall be reimbursed by the State for 4/5 of the cost
15of transporting eligible pupils.
16    School day means that period of time which the pupil is
17required to be in attendance for instructional purposes.
18    If a pupil is at a location within the school district
19other than his residence for child care purposes at the time
20for transportation to school, that location may be considered
21for purposes of determining the 1 1/2 miles from the school
22attended.
23    Claims for reimbursement that include children who attend
24any school other than a public school shall show the number of
25such children transported.
26    Claims for reimbursement under this Section shall not be

 

 

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1paid for the transportation of pupils for whom transportation
2costs are claimed for payment under other Sections of this Act.
3    The allowable direct cost of transporting pupils for
4regular, vocational, and special education pupil
5transportation shall be limited to the sum of the cost of
6physical examinations required for employment as a school bus
7driver; the salaries of full or part-time drivers and school
8bus maintenance personnel; employee benefits excluding
9Illinois municipal retirement payments, social security
10payments, unemployment insurance payments and workers'
11compensation insurance premiums; expenditures to independent
12carriers who operate school buses; payments to other school
13districts for pupil transportation services; pre-approved
14contractual expenditures for computerized bus scheduling; the
15cost of gasoline, oil, tires, and other supplies necessary for
16the operation of school buses; the cost of converting buses'
17gasoline engines to more fuel efficient engines or to engines
18which use alternative energy sources; the cost of travel to
19meetings and workshops conducted by the regional
20superintendent or the State Superintendent of Education
21pursuant to the standards established by the Secretary of State
22under Section 6-106 of the Illinois Vehicle Code to improve the
23driving skills of school bus drivers; the cost of maintenance
24of school buses including parts and materials used;
25expenditures for leasing transportation vehicles, except
26interest and service charges; the cost of insurance and

 

 

10000SB0001sam003- 406 -LRB100 06371 NHT 24718 a

1licenses for transportation vehicles; expenditures for the
2rental of transportation equipment; plus a depreciation
3allowance of 20% for 5 years for school buses and vehicles
4approved for transporting pupils to and from school and a
5depreciation allowance of 10% for 10 years for other
6transportation equipment so used. Each school year, if a school
7district has made expenditures to the Regional Transportation
8Authority or any of its service boards, a mass transit
9district, or an urban transportation district under an
10intergovernmental agreement with the district to provide for
11the transportation of pupils and if the public transit carrier
12received direct payment for services or passes from a school
13district within its service area during the 2000-2001 school
14year, then the allowable direct cost of transporting pupils for
15regular, vocational, and special education pupil
16transportation shall also include the expenditures that the
17district has made to the public transit carrier. In addition to
18the above allowable costs school districts shall also claim all
19transportation supervisory salary costs, including Illinois
20municipal retirement payments, and all transportation related
21building and building maintenance costs without limitation.
22    Special education allowable costs shall also include
23expenditures for the salaries of attendants or aides for that
24portion of the time they assist special education pupils while
25in transit and expenditures for parents and public carriers for
26transporting special education pupils when pre-approved by the

 

 

10000SB0001sam003- 407 -LRB100 06371 NHT 24718 a

1State Superintendent of Education.
2    Indirect costs shall be included in the reimbursement claim
3for districts which own and operate their own school buses.
4Such indirect costs shall include administrative costs, or any
5costs attributable to transporting pupils from their
6attendance centers to another school building for
7instructional purposes. No school district which owns and
8operates its own school buses may claim reimbursement for
9indirect costs which exceed 5% of the total allowable direct
10costs for pupil transportation.
11    The State Board of Education shall prescribe uniform
12regulations for determining the above standards and shall
13prescribe forms of cost accounting and standards of determining
14reasonable depreciation. Such depreciation shall include the
15cost of equipping school buses with the safety features
16required by law or by the rules, regulations and standards
17promulgated by the State Board of Education, and the Department
18of Transportation for the safety and construction of school
19buses provided, however, any equipment cost reimbursed by the
20Department of Transportation for equipping school buses with
21such safety equipment shall be deducted from the allowable cost
22in the computation of reimbursement under this Section in the
23same percentage as the cost of the equipment is depreciated.
24    On or before August 15, annually, the chief school
25administrator for the district shall certify to the State
26Superintendent of Education the district's claim for

 

 

10000SB0001sam003- 408 -LRB100 06371 NHT 24718 a

1reimbursement for the school year ending on June 30 next
2preceding. The State Superintendent of Education shall check
3and approve the claims and prepare the vouchers showing the
4amounts due for district reimbursement claims. Each fiscal
5year, the State Superintendent of Education shall prepare and
6transmit the first 3 vouchers to the Comptroller on the 30th
7day of September, December and March, respectively, and the
8final voucher, no later than June 20.
9    If the amount appropriated for transportation
10reimbursement is insufficient to fund total claims for any
11fiscal year, the State Board of Education shall reduce each
12school district's allowable costs and flat grant amount
13proportionately to make total adjusted claims equal the total
14amount appropriated.
15    For purposes of calculating claims for reimbursement under
16this Section for any school year beginning July 1, 1998, or
17thereafter, the equalized assessed valuation for a school
18district used to compute reimbursement shall be computed in the
19same manner as it is computed under paragraph (2) of subsection
20(G) of Section 18-8.05.
21    All reimbursements received from the State shall be
22deposited into the district's transportation fund or into the
23fund from which the allowable expenditures were made.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may

 

 

10000SB0001sam003- 409 -LRB100 06371 NHT 24718 a

1classify all or a portion of the funds that it receives in a
2particular fiscal year or from general State aid pursuant to
3Section 18-8.05 of this Code as funds received in connection
4with any funding program for which it is entitled to receive
5funds from the State in that fiscal year (including, without
6limitation, any funding program referenced in this Section),
7regardless of the source or timing of the receipt. The district
8may not classify more funds as funds received in connection
9with the funding program than the district is entitled to
10receive in that fiscal year for that program. Any
11classification by a district must be made by a resolution of
12its board of education. The resolution must identify the amount
13of any payments or general State aid to be classified under
14this paragraph and must specify the funding program to which
15the funds are to be treated as received in connection
16therewith. This resolution is controlling as to the
17classification of funds referenced therein. A certified copy of
18the resolution must be sent to the State Superintendent of
19Education. The resolution shall still take effect even though a
20copy of the resolution has not been sent to the State
21Superintendent of Education in a timely manner. No
22classification under this paragraph by a district shall affect
23the total amount or timing of money the district is entitled to
24receive under this Code. No classification under this paragraph
25by a district shall in any way relieve the district from or
26affect any requirements that otherwise would apply with respect

 

 

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1to that funding program, including any accounting of funds by
2source, reporting expenditures by original source and purpose,
3reporting requirements, or requirements of providing services.
4    Any school district with a population of not more than
5500,000 must deposit all funds received under this Article into
6the transportation fund and use those funds for the provision
7of transportation services.
8    Notwithstanding anything to the contrary contained in this
9Section, the State Board of Education shall award to a school
10district having a population exceeding 500,000 inhabitants
113.9% of the funds appropriated by the General Assembly for any
12fiscal year for purposes of payments to school districts under
13this Section.
14(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
15    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
16    Sec. 34-2.3. Local school councils - Powers and duties.
17Each local school council shall have and exercise, consistent
18with the provisions of this Article and the powers and duties
19of the board of education, the following powers and duties:
20    1. (A) To annually evaluate the performance of the
21principal of the attendance center using a Board approved
22principal evaluation form, which shall include the evaluation
23of (i) student academic improvement, as defined by the school
24improvement plan, (ii) student absenteeism rates at the school,
25(iii) instructional leadership, (iv) the effective

 

 

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1implementation of programs, policies, or strategies to improve
2student academic achievement, (v) school management, and (vi)
3any other factors deemed relevant by the local school council,
4including, without limitation, the principal's communication
5skills and ability to create and maintain a student-centered
6learning environment, to develop opportunities for
7professional development, and to encourage parental
8involvement and community partnerships to achieve school
9improvement;
10    (B) to determine in the manner provided by subsection (c)
11of Section 34-2.2 and subdivision 1.5 of this Section whether
12the performance contract of the principal shall be renewed; and
13    (C) to directly select, in the manner provided by
14subsection (c) of Section 34-2.2, a new principal (including a
15new principal to fill a vacancy) -- without submitting any list
16of candidates for that position to the general superintendent
17as provided in paragraph 2 of this Section -- to serve under a
184 year performance contract; provided that (i) the
19determination of whether the principal's performance contract
20is to be renewed, based upon the evaluation required by
21subdivision 1.5 of this Section, shall be made no later than
22150 days prior to the expiration of the current
23performance-based contract of the principal, (ii) in cases
24where such performance contract is not renewed -- a direct
25selection of a new principal -- to serve under a 4 year
26performance contract shall be made by the local school council

 

 

10000SB0001sam003- 412 -LRB100 06371 NHT 24718 a

1no later than 45 days prior to the expiration of the current
2performance contract of the principal, and (iii) a selection by
3the local school council of a new principal to fill a vacancy
4under a 4 year performance contract shall be made within 90
5days after the date such vacancy occurs. A Council shall be
6required, if requested by the principal, to provide in writing
7the reasons for the council's not renewing the principal's
8contract.
9    1.5. The local school council's determination of whether to
10renew the principal's contract shall be based on an evaluation
11to assess the educational and administrative progress made at
12the school during the principal's current performance-based
13contract. The local school council shall base its evaluation on
14(i) student academic improvement, as defined by the school
15improvement plan, (ii) student absenteeism rates at the school,
16(iii) instructional leadership, (iv) the effective
17implementation of programs, policies, or strategies to improve
18student academic achievement, (v) school management, and (vi)
19any other factors deemed relevant by the local school council,
20including, without limitation, the principal's communication
21skills and ability to create and maintain a student-centered
22learning environment, to develop opportunities for
23professional development, and to encourage parental
24involvement and community partnerships to achieve school
25improvement. If a local school council fails to renew the
26performance contract of a principal rated by the general

 

 

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1superintendent, or his or her designee, in the previous years'
2evaluations as meeting or exceeding expectations, the
3principal, within 15 days after the local school council's
4decision not to renew the contract, may request a review of the
5local school council's principal non-retention decision by a
6hearing officer appointed by the American Arbitration
7Association. A local school council member or members or the
8general superintendent may support the principal's request for
9review. During the period of the hearing officer's review of
10the local school council's decision on whether or not to retain
11the principal, the local school council shall maintain all
12authority to search for and contract with a person to serve as
13interim or acting principal, or as the principal of the
14attendance center under a 4-year performance contract,
15provided that any performance contract entered into by the
16local school council shall be voidable or modified in
17accordance with the decision of the hearing officer. The
18principal may request review only once while at that attendance
19center. If a local school council renews the contract of a
20principal who failed to obtain a rating of "meets" or "exceeds
21expectations" in the general superintendent's evaluation for
22the previous year, the general superintendent, within 15 days
23after the local school council's decision to renew the
24contract, may request a review of the local school council's
25principal retention decision by a hearing officer appointed by
26the American Arbitration Association. The general

 

 

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1superintendent may request a review only once for that
2principal at that attendance center. All requests to review the
3retention or non-retention of a principal shall be submitted to
4the general superintendent, who shall, in turn, forward such
5requests, within 14 days of receipt, to the American
6Arbitration Association. The general superintendent shall send
7a contemporaneous copy of the request that was forwarded to the
8American Arbitration Association to the principal and to each
9local school council member and shall inform the local school
10council of its rights and responsibilities under the
11arbitration process, including the local school council's
12right to representation and the manner and process by which the
13Board shall pay the costs of the council's representation. If
14the local school council retains the principal and the general
15superintendent requests a review of the retention decision, the
16local school council and the general superintendent shall be
17considered parties to the arbitration, a hearing officer shall
18be chosen between those 2 parties pursuant to procedures
19promulgated by the State Board of Education, and the principal
20may retain counsel and participate in the arbitration. If the
21local school council does not retain the principal and the
22principal requests a review of the retention decision, the
23local school council and the principal shall be considered
24parties to the arbitration and a hearing officer shall be
25chosen between those 2 parties pursuant to procedures
26promulgated by the State Board of Education. The hearing shall

 

 

10000SB0001sam003- 415 -LRB100 06371 NHT 24718 a

1begin (i) within 45 days after the initial request for review
2is submitted by the principal to the general superintendent or
3(ii) if the initial request for review is made by the general
4superintendent, within 45 days after that request is mailed to
5the American Arbitration Association. The hearing officer
6shall render a decision within 45 days after the hearing begins
7and within 90 days after the initial request for review. The
8Board shall contract with the American Arbitration Association
9for all of the hearing officer's reasonable and necessary
10costs. In addition, the Board shall pay any reasonable costs
11incurred by a local school council for representation before a
12hearing officer.
13    1.10. The hearing officer shall conduct a hearing, which
14shall include (i) a review of the principal's performance,
15evaluations, and other evidence of the principal's service at
16the school, (ii) reasons provided by the local school council
17for its decision, and (iii) documentation evidencing views of
18interested persons, including, without limitation, students,
19parents, local school council members, school faculty and
20staff, the principal, the general superintendent or his or her
21designee, and members of the community. The burden of proof in
22establishing that the local school council's decision was
23arbitrary and capricious shall be on the party requesting the
24arbitration, and this party shall sustain the burden by a
25preponderance of the evidence. The hearing officer shall set
26the local school council decision aside if that decision, in

 

 

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1light of the record developed at the hearing, is arbitrary and
2capricious. The decision of the hearing officer may not be
3appealed to the Board or the State Board of Education. If the
4hearing officer decides that the principal shall be retained,
5the retention period shall not exceed 2 years.
6    2. In the event (i) the local school council does not renew
7the performance contract of the principal, or the principal
8fails to receive a satisfactory rating as provided in
9subsection (h) of Section 34-8.3, or the principal is removed
10for cause during the term of his or her performance contract in
11the manner provided by Section 34-85, or a vacancy in the
12position of principal otherwise occurs prior to the expiration
13of the term of a principal's performance contract, and (ii) the
14local school council fails to directly select a new principal
15to serve under a 4 year performance contract, the local school
16council in such event shall submit to the general
17superintendent a list of 3 candidates -- listed in the local
18school council's order of preference -- for the position of
19principal, one of which shall be selected by the general
20superintendent to serve as principal of the attendance center.
21If the general superintendent fails or refuses to select one of
22the candidates on the list to serve as principal within 30 days
23after being furnished with the candidate list, the general
24superintendent shall select and place a principal on an interim
25basis (i) for a period not to exceed one year or (ii) until the
26local school council selects a new principal with 7 affirmative

 

 

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1votes as provided in subsection (c) of Section 34-2.2,
2whichever occurs first. If the local school council fails or
3refuses to select and appoint a new principal, as specified by
4subsection (c) of Section 34-2.2, the general superintendent
5may select and appoint a new principal on an interim basis for
6an additional year or until a new contract principal is
7selected by the local school council. There shall be no
8discrimination on the basis of race, sex, creed, color or
9disability unrelated to ability to perform in connection with
10the submission of candidates for, and the selection of a
11candidate to serve as principal of an attendance center. No
12person shall be directly selected, listed as a candidate for,
13or selected to serve as principal of an attendance center (i)
14if such person has been removed for cause from employment by
15the Board or (ii) if such person does not hold a valid
16administrative certificate issued or exchanged under Article
1721 and endorsed as required by that Article for the position of
18principal. A principal whose performance contract is not
19renewed as provided under subsection (c) of Section 34-2.2 may
20nevertheless, if otherwise qualified and certified as herein
21provided and if he or she has received a satisfactory rating as
22provided in subsection (h) of Section 34-8.3, be included by a
23local school council as one of the 3 candidates listed in order
24of preference on any candidate list from which one person is to
25be selected to serve as principal of the attendance center
26under a new performance contract. The initial candidate list

 

 

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1required to be submitted by a local school council to the
2general superintendent in cases where the local school council
3does not renew the performance contract of its principal and
4does not directly select a new principal to serve under a 4
5year performance contract shall be submitted not later than 30
6days prior to the expiration of the current performance
7contract. In cases where the local school council fails or
8refuses to submit the candidate list to the general
9superintendent no later than 30 days prior to the expiration of
10the incumbent principal's contract, the general superintendent
11may appoint a principal on an interim basis for a period not to
12exceed one year, during which time the local school council
13shall be able to select a new principal with 7 affirmative
14votes as provided in subsection (c) of Section 34-2.2. In cases
15where a principal is removed for cause or a vacancy otherwise
16occurs in the position of principal and the vacancy is not
17filled by direct selection by the local school council, the
18candidate list shall be submitted by the local school council
19to the general superintendent within 90 days after the date
20such removal or vacancy occurs. In cases where the local school
21council fails or refuses to submit the candidate list to the
22general superintendent within 90 days after the date of the
23vacancy, the general superintendent may appoint a principal on
24an interim basis for a period of one year, during which time
25the local school council shall be able to select a new
26principal with 7 affirmative votes as provided in subsection

 

 

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1(c) of Section 34-2.2.
2    2.5. Whenever a vacancy in the office of a principal occurs
3for any reason, the vacancy shall be filled in the manner
4provided by this Section by the selection of a new principal to
5serve under a 4 year performance contract.
6    3. To establish additional criteria to be included as part
7of the performance contract of its principal, provided that
8such additional criteria shall not discriminate on the basis of
9race, sex, creed, color or disability unrelated to ability to
10perform, and shall not be inconsistent with the uniform 4 year
11performance contract for principals developed by the board as
12provided in Section 34-8.1 of the School Code or with other
13provisions of this Article governing the authority and
14responsibility of principals.
15    4. To approve the expenditure plan prepared by the
16principal with respect to all funds allocated and distributed
17to the attendance center by the Board. The expenditure plan
18shall be administered by the principal. Notwithstanding any
19other provision of this Act or any other law, any expenditure
20plan approved and administered under this Section 34-2.3 shall
21be consistent with and subject to the terms of any contract for
22services with a third party entered into by the Chicago School
23Reform Board of Trustees or the board under this Act.
24    Via a supermajority vote of 7 members of the local school
25council or 8 members of a high school local school council, the
26Council may transfer allocations pursuant to Section 34-2.3

 

 

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1within funds; provided that such a transfer is consistent with
2applicable law and collective bargaining agreements.
3    Beginning in fiscal year 1991 and in each fiscal year
4thereafter, the Board may reserve up to 1% of its total fiscal
5year budget for distribution on a prioritized basis to schools
6throughout the school system in order to assure adequate
7programs to meet the needs of special student populations as
8determined by the Board. This distribution shall take into
9account the needs catalogued in the Systemwide Plan and the
10various local school improvement plans of the local school
11councils. Information about these centrally funded programs
12shall be distributed to the local school councils so that their
13subsequent planning and programming will account for these
14provisions.
15    Beginning in fiscal year 1991 and in each fiscal year
16thereafter, from other amounts available in the applicable
17fiscal year budget, the board shall allocate a lump sum amount
18to each local school based upon such formula as the board shall
19determine taking into account the special needs of the student
20body. The local school principal shall develop an expenditure
21plan in consultation with the local school council, the
22professional personnel leadership committee and with all other
23school personnel, which reflects the priorities and activities
24as described in the school's local school improvement plan and
25is consistent with applicable law and collective bargaining
26agreements and with board policies and standards; however, the

 

 

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1local school council shall have the right to request waivers of
2board policy from the board of education and waivers of
3employee collective bargaining agreements pursuant to Section
434-8.1a.
5    The expenditure plan developed by the principal with
6respect to amounts available from the fund for prioritized
7special needs programs and the allocated lump sum amount must
8be approved by the local school council.
9    The lump sum allocation shall take into account the
10following principles:
11        a. Teachers: Each school shall be allocated funds equal
12    to the amount appropriated in the previous school year for
13    compensation for teachers (regular grades kindergarten
14    through 12th grade) plus whatever increases in
15    compensation have been negotiated contractually or through
16    longevity as provided in the negotiated agreement.
17    Adjustments shall be made due to layoff or reduction in
18    force, lack of funds or work, change in subject
19    requirements, enrollment changes, or contracts with third
20    parties for the performance of services or to rectify any
21    inconsistencies with system-wide allocation formulas or
22    for other legitimate reasons.
23        b. Other personnel: Funds for other teacher
24    certificated and uncertificated personnel paid through
25    non-categorical funds shall be provided according to
26    system-wide formulas based on student enrollment and the

 

 

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1    special needs of the school as determined by the Board.
2        c. Non-compensation items: Appropriations for all
3    non-compensation items shall be based on system-wide
4    formulas based on student enrollment and on the special
5    needs of the school or factors related to the physical
6    plant, including but not limited to textbooks, electronic
7    textbooks and the technological equipment necessary to
8    gain access to and use electronic textbooks, supplies,
9    electricity, equipment, and routine maintenance.
10        d. Funds for categorical programs: Schools shall
11    receive personnel and funds based on, and shall use such
12    personnel and funds in accordance with State and Federal
13    requirements applicable to each categorical program
14    provided to meet the special needs of the student body
15    (including but not limited to, Federal Chapter I,
16    Bilingual, and Special Education).
17        d.1. Funds for State Title I: Each school shall receive
18    funds based on State and Board requirements applicable to
19    each State Title I pupil provided to meet the special needs
20    of the student body. Each school shall receive the
21    proportion of funds as provided in Section 18-8 or 18-8.15
22    to which they are entitled. These funds shall be spent only
23    with the budgetary approval of the Local School Council as
24    provided in Section 34-2.3.
25        e. The Local School Council shall have the right to
26    request the principal to close positions and open new ones

 

 

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1    consistent with the provisions of the local school
2    improvement plan provided that these decisions are
3    consistent with applicable law and collective bargaining
4    agreements. If a position is closed, pursuant to this
5    paragraph, the local school shall have for its use the
6    system-wide average compensation for the closed position.
7        f. Operating within existing laws and collective
8    bargaining agreements, the local school council shall have
9    the right to direct the principal to shift expenditures
10    within funds.
11        g. (Blank).
12    Any funds unexpended at the end of the fiscal year shall be
13available to the board of education for use as part of its
14budget for the following fiscal year.
15    5. To make recommendations to the principal concerning
16textbook selection and concerning curriculum developed
17pursuant to the school improvement plan which is consistent
18with systemwide curriculum objectives in accordance with
19Sections 34-8 and 34-18 of the School Code and in conformity
20with the collective bargaining agreement.
21    6. To advise the principal concerning the attendance and
22disciplinary policies for the attendance center, subject to the
23provisions of this Article and Article 26, and consistent with
24the uniform system of discipline established by the board
25pursuant to Section 34-19.
26    7. To approve a school improvement plan developed as

 

 

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1provided in Section 34-2.4. The process and schedule for plan
2development shall be publicized to the entire school community,
3and the community shall be afforded the opportunity to make
4recommendations concerning the plan. At least twice a year the
5principal and local school council shall report publicly on
6progress and problems with respect to plan implementation.
7    8. To evaluate the allocation of teaching resources and
8other certificated and uncertificated staff to the attendance
9center to determine whether such allocation is consistent with
10and in furtherance of instructional objectives and school
11programs reflective of the school improvement plan adopted for
12the attendance center; and to make recommendations to the
13board, the general superintendent and the principal concerning
14any reallocation of teaching resources or other staff whenever
15the council determines that any such reallocation is
16appropriate because the qualifications of any existing staff at
17the attendance center do not adequately match or support
18instructional objectives or school programs which reflect the
19school improvement plan.
20    9. To make recommendations to the principal and the general
21superintendent concerning their respective appointments, after
22August 31, 1989, and in the manner provided by Section 34-8 and
23Section 34-8.1, of persons to fill any vacant, additional or
24newly created positions for teachers at the attendance center
25or at attendance centers which include the attendance center
26served by the local school council.

 

 

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1    10. To request of the Board the manner in which training
2and assistance shall be provided to the local school council.
3Pursuant to Board guidelines a local school council is
4authorized to direct the Board of Education to contract with
5personnel or not-for-profit organizations not associated with
6the school district to train or assist council members. If
7training or assistance is provided by contract with personnel
8or organizations not associated with the school district, the
9period of training or assistance shall not exceed 30 hours
10during a given school year; person shall not be employed on a
11continuous basis longer than said period and shall not have
12been employed by the Chicago Board of Education within the
13preceding six months. Council members shall receive training in
14at least the following areas:
15        1. school budgets;
16        2. educational theory pertinent to the attendance
17    center's particular needs, including the development of
18    the school improvement plan and the principal's
19    performance contract; and
20        3. personnel selection.
21Council members shall, to the greatest extent possible,
22complete such training within 90 days of election.
23    11. In accordance with systemwide guidelines contained in
24the System-Wide Educational Reform Goals and Objectives Plan,
25criteria for evaluation of performance shall be established for
26local school councils and local school council members. If a

 

 

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1local school council persists in noncompliance with systemwide
2requirements, the Board may impose sanctions and take necessary
3corrective action, consistent with Section 34-8.3.
4    12. Each local school council shall comply with the Open
5Meetings Act and the Freedom of Information Act. Each local
6school council shall issue and transmit to its school community
7a detailed annual report accounting for its activities
8programmatically and financially. Each local school council
9shall convene at least 2 well-publicized meetings annually with
10its entire school community. These meetings shall include
11presentation of the proposed local school improvement plan, of
12the proposed school expenditure plan, and the annual report,
13and shall provide an opportunity for public comment.
14    13. Each local school council is encouraged to involve
15additional non-voting members of the school community in
16facilitating the council's exercise of its responsibilities.
17    14. The local school council may adopt a school uniform or
18dress code policy that governs the attendance center and that
19is necessary to maintain the orderly process of a school
20function or prevent endangerment of student health or safety,
21consistent with the policies and rules of the Board of
22Education. A school uniform or dress code policy adopted by a
23local school council: (i) shall not be applied in such manner
24as to discipline or deny attendance to a transfer student or
25any other student for noncompliance with that policy during
26such period of time as is reasonably necessary to enable the

 

 

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1student to acquire a school uniform or otherwise comply with
2the dress code policy that is in effect at the attendance
3center into which the student's enrollment is transferred; and
4(ii) shall include criteria and procedures under which the
5local school council will accommodate the needs of or otherwise
6provide appropriate resources to assist a student from an
7indigent family in complying with an applicable school uniform
8or dress code policy. A student whose parents or legal
9guardians object on religious grounds to the student's
10compliance with an applicable school uniform or dress code
11policy shall not be required to comply with that policy if the
12student's parents or legal guardians present to the local
13school council a signed statement of objection detailing the
14grounds for the objection.
15    15. All decisions made and actions taken by the local
16school council in the exercise of its powers and duties shall
17comply with State and federal laws, all applicable collective
18bargaining agreements, court orders and rules properly
19promulgated by the Board.
20    15a. To grant, in accordance with board rules and policies,
21the use of assembly halls and classrooms when not otherwise
22needed, including lighting, heat, and attendants, for public
23lectures, concerts, and other educational and social
24activities.
25    15b. To approve, in accordance with board rules and
26policies, receipts and expenditures for all internal accounts

 

 

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1of the attendance center, and to approve all fund-raising
2activities by nonschool organizations that use the school
3building.
4    16. (Blank).
5    17. Names and addresses of local school council members
6shall be a matter of public record.
7(Source: P.A. 96-1403, eff. 7-29-10.)
 
8    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
9    Sec. 34-18. Powers of the board. The board shall exercise
10general supervision and jurisdiction over the public education
11and the public school system of the city, and, except as
12otherwise provided by this Article, shall have power:
13        1. To make suitable provision for the establishment and
14    maintenance throughout the year or for such portion thereof
15    as it may direct, not less than 9 months, of schools of all
16    grades and kinds, including normal schools, high schools,
17    night schools, schools for defectives and delinquents,
18    parental and truant schools, schools for the blind, the
19    deaf and persons with physical disabilities, schools or
20    classes in manual training, constructural and vocational
21    teaching, domestic arts and physical culture, vocation and
22    extension schools and lecture courses, and all other
23    educational courses and facilities, including
24    establishing, equipping, maintaining and operating
25    playgrounds and recreational programs, when such programs

 

 

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1    are conducted in, adjacent to, or connected with any public
2    school under the general supervision and jurisdiction of
3    the board; provided that the calendar for the school term
4    and any changes must be submitted to and approved by the
5    State Board of Education before the calendar or changes may
6    take effect, and provided that in allocating funds from
7    year to year for the operation of all attendance centers
8    within the district, the board shall ensure that
9    supplemental general State aid or supplemental grant funds
10    are allocated and applied in accordance with Section 18-8,
11    or 18-8.05, or 18-8.15. To admit to such schools without
12    charge foreign exchange students who are participants in an
13    organized exchange student program which is authorized by
14    the board. The board shall permit all students to enroll in
15    apprenticeship programs in trade schools operated by the
16    board, whether those programs are union-sponsored or not.
17    No student shall be refused admission into or be excluded
18    from any course of instruction offered in the common
19    schools by reason of that student's sex. No student shall
20    be denied equal access to physical education and
21    interscholastic athletic programs supported from school
22    district funds or denied participation in comparable
23    physical education and athletic programs solely by reason
24    of the student's sex. Equal access to programs supported
25    from school district funds and comparable programs will be
26    defined in rules promulgated by the State Board of

 

 

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1    Education in consultation with the Illinois High School
2    Association. Notwithstanding any other provision of this
3    Article, neither the board of education nor any local
4    school council or other school official shall recommend
5    that children with disabilities be placed into regular
6    education classrooms unless those children with
7    disabilities are provided with supplementary services to
8    assist them so that they benefit from the regular classroom
9    instruction and are included on the teacher's regular
10    education class register;
11        2. To furnish lunches to pupils, to make a reasonable
12    charge therefor, and to use school funds for the payment of
13    such expenses as the board may determine are necessary in
14    conducting the school lunch program;
15        3. To co-operate with the circuit court;
16        4. To make arrangements with the public or quasi-public
17    libraries and museums for the use of their facilities by
18    teachers and pupils of the public schools;
19        5. To employ dentists and prescribe their duties for
20    the purpose of treating the pupils in the schools, but
21    accepting such treatment shall be optional with parents or
22    guardians;
23        6. To grant the use of assembly halls and classrooms
24    when not otherwise needed, including light, heat, and
25    attendants, for free public lectures, concerts, and other
26    educational and social interests, free of charge, under

 

 

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1    such provisions and control as the principal of the
2    affected attendance center may prescribe;
3        7. To apportion the pupils to the several schools;
4    provided that no pupil shall be excluded from or segregated
5    in any such school on account of his color, race, sex, or
6    nationality. The board shall take into consideration the
7    prevention of segregation and the elimination of
8    separation of children in public schools because of color,
9    race, sex, or nationality. Except that children may be
10    committed to or attend parental and social adjustment
11    schools established and maintained either for boys or girls
12    only. All records pertaining to the creation, alteration or
13    revision of attendance areas shall be open to the public.
14    Nothing herein shall limit the board's authority to
15    establish multi-area attendance centers or other student
16    assignment systems for desegregation purposes or
17    otherwise, and to apportion the pupils to the several
18    schools. Furthermore, beginning in school year 1994-95,
19    pursuant to a board plan adopted by October 1, 1993, the
20    board shall offer, commencing on a phased-in basis, the
21    opportunity for families within the school district to
22    apply for enrollment of their children in any attendance
23    center within the school district which does not have
24    selective admission requirements approved by the board.
25    The appropriate geographical area in which such open
26    enrollment may be exercised shall be determined by the

 

 

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1    board of education. Such children may be admitted to any
2    such attendance center on a space available basis after all
3    children residing within such attendance center's area
4    have been accommodated. If the number of applicants from
5    outside the attendance area exceed the space available,
6    then successful applicants shall be selected by lottery.
7    The board of education's open enrollment plan must include
8    provisions that allow low income students to have access to
9    transportation needed to exercise school choice. Open
10    enrollment shall be in compliance with the provisions of
11    the Consent Decree and Desegregation Plan cited in Section
12    34-1.01;
13        8. To approve programs and policies for providing
14    transportation services to students. Nothing herein shall
15    be construed to permit or empower the State Board of
16    Education to order, mandate, or require busing or other
17    transportation of pupils for the purpose of achieving
18    racial balance in any school;
19        9. Subject to the limitations in this Article, to
20    establish and approve system-wide curriculum objectives
21    and standards, including graduation standards, which
22    reflect the multi-cultural diversity in the city and are
23    consistent with State law, provided that for all purposes
24    of this Article courses or proficiency in American Sign
25    Language shall be deemed to constitute courses or
26    proficiency in a foreign language; and to employ principals

 

 

10000SB0001sam003- 433 -LRB100 06371 NHT 24718 a

1    and teachers, appointed as provided in this Article, and
2    fix their compensation. The board shall prepare such
3    reports related to minimal competency testing as may be
4    requested by the State Board of Education, and in addition
5    shall monitor and approve special education and bilingual
6    education programs and policies within the district to
7    assure that appropriate services are provided in
8    accordance with applicable State and federal laws to
9    children requiring services and education in those areas;
10        10. To employ non-teaching personnel or utilize
11    volunteer personnel for: (i) non-teaching duties not
12    requiring instructional judgment or evaluation of pupils,
13    including library duties; and (ii) supervising study
14    halls, long distance teaching reception areas used
15    incident to instructional programs transmitted by
16    electronic media such as computers, video, and audio,
17    detention and discipline areas, and school-sponsored
18    extracurricular activities. The board may further utilize
19    volunteer non-certificated personnel or employ
20    non-certificated personnel to assist in the instruction of
21    pupils under the immediate supervision of a teacher holding
22    a valid certificate, directly engaged in teaching subject
23    matter or conducting activities; provided that the teacher
24    shall be continuously aware of the non-certificated
25    persons' activities and shall be able to control or modify
26    them. The general superintendent shall determine

 

 

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1    qualifications of such personnel and shall prescribe rules
2    for determining the duties and activities to be assigned to
3    such personnel;
4        10.5. To utilize volunteer personnel from a regional
5    School Crisis Assistance Team (S.C.A.T.), created as part
6    of the Safe to Learn Program established pursuant to
7    Section 25 of the Illinois Violence Prevention Act of 1995,
8    to provide assistance to schools in times of violence or
9    other traumatic incidents within a school community by
10    providing crisis intervention services to lessen the
11    effects of emotional trauma on individuals and the
12    community; the School Crisis Assistance Team Steering
13    Committee shall determine the qualifications for
14    volunteers;
15        11. To provide television studio facilities in not to
16    exceed one school building and to provide programs for
17    educational purposes, provided, however, that the board
18    shall not construct, acquire, operate, or maintain a
19    television transmitter; to grant the use of its studio
20    facilities to a licensed television station located in the
21    school district; and to maintain and operate not to exceed
22    one school radio transmitting station and provide programs
23    for educational purposes;
24        12. To offer, if deemed appropriate, outdoor education
25    courses, including field trips within the State of
26    Illinois, or adjacent states, and to use school educational

 

 

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1    funds for the expense of the said outdoor educational
2    programs, whether within the school district or not;
3        13. During that period of the calendar year not
4    embraced within the regular school term, to provide and
5    conduct courses in subject matters normally embraced in the
6    program of the schools during the regular school term and
7    to give regular school credit for satisfactory completion
8    by the student of such courses as may be approved for
9    credit by the State Board of Education;
10        14. To insure against any loss or liability of the
11    board, the former School Board Nominating Commission,
12    Local School Councils, the Chicago Schools Academic
13    Accountability Council, or the former Subdistrict Councils
14    or of any member, officer, agent or employee thereof,
15    resulting from alleged violations of civil rights arising
16    from incidents occurring on or after September 5, 1967 or
17    from the wrongful or negligent act or omission of any such
18    person whether occurring within or without the school
19    premises, provided the officer, agent or employee was, at
20    the time of the alleged violation of civil rights or
21    wrongful act or omission, acting within the scope of his
22    employment or under direction of the board, the former
23    School Board Nominating Commission, the Chicago Schools
24    Academic Accountability Council, Local School Councils, or
25    the former Subdistrict Councils; and to provide for or
26    participate in insurance plans for its officers and

 

 

10000SB0001sam003- 436 -LRB100 06371 NHT 24718 a

1    employees, including but not limited to retirement
2    annuities, medical, surgical and hospitalization benefits
3    in such types and amounts as may be determined by the
4    board; provided, however, that the board shall contract for
5    such insurance only with an insurance company authorized to
6    do business in this State. Such insurance may include
7    provision for employees who rely on treatment by prayer or
8    spiritual means alone for healing, in accordance with the
9    tenets and practice of a recognized religious
10    denomination;
11        15. To contract with the corporate authorities of any
12    municipality or the county board of any county, as the case
13    may be, to provide for the regulation of traffic in parking
14    areas of property used for school purposes, in such manner
15    as is provided by Section 11-209 of The Illinois Vehicle
16    Code, approved September 29, 1969, as amended;
17        16. (a) To provide, on an equal basis, access to a high
18    school campus and student directory information to the
19    official recruiting representatives of the armed forces of
20    Illinois and the United States for the purposes of
21    informing students of the educational and career
22    opportunities available in the military if the board has
23    provided such access to persons or groups whose purpose is
24    to acquaint students with educational or occupational
25    opportunities available to them. The board is not required
26    to give greater notice regarding the right of access to

 

 

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1    recruiting representatives than is given to other persons
2    and groups. In this paragraph 16, "directory information"
3    means a high school student's name, address, and telephone
4    number.
5        (b) If a student or his or her parent or guardian
6    submits a signed, written request to the high school before
7    the end of the student's sophomore year (or if the student
8    is a transfer student, by another time set by the high
9    school) that indicates that the student or his or her
10    parent or guardian does not want the student's directory
11    information to be provided to official recruiting
12    representatives under subsection (a) of this Section, the
13    high school may not provide access to the student's
14    directory information to these recruiting representatives.
15    The high school shall notify its students and their parents
16    or guardians of the provisions of this subsection (b).
17        (c) A high school may require official recruiting
18    representatives of the armed forces of Illinois and the
19    United States to pay a fee for copying and mailing a
20    student's directory information in an amount that is not
21    more than the actual costs incurred by the high school.
22        (d) Information received by an official recruiting
23    representative under this Section may be used only to
24    provide information to students concerning educational and
25    career opportunities available in the military and may not
26    be released to a person who is not involved in recruiting

 

 

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1    students for the armed forces of Illinois or the United
2    States;
3        17. (a) To sell or market any computer program
4    developed by an employee of the school district, provided
5    that such employee developed the computer program as a
6    direct result of his or her duties with the school district
7    or through the utilization of the school district resources
8    or facilities. The employee who developed the computer
9    program shall be entitled to share in the proceeds of such
10    sale or marketing of the computer program. The distribution
11    of such proceeds between the employee and the school
12    district shall be as agreed upon by the employee and the
13    school district, except that neither the employee nor the
14    school district may receive more than 90% of such proceeds.
15    The negotiation for an employee who is represented by an
16    exclusive bargaining representative may be conducted by
17    such bargaining representative at the employee's request.
18        (b) For the purpose of this paragraph 17:
19            (1) "Computer" means an internally programmed,
20        general purpose digital device capable of
21        automatically accepting data, processing data and
22        supplying the results of the operation.
23            (2) "Computer program" means a series of coded
24        instructions or statements in a form acceptable to a
25        computer, which causes the computer to process data in
26        order to achieve a certain result.

 

 

10000SB0001sam003- 439 -LRB100 06371 NHT 24718 a

1            (3) "Proceeds" means profits derived from
2        marketing or sale of a product after deducting the
3        expenses of developing and marketing such product;
4        18. To delegate to the general superintendent of
5    schools, by resolution, the authority to approve contracts
6    and expenditures in amounts of $10,000 or less;
7        19. Upon the written request of an employee, to
8    withhold from the compensation of that employee any dues,
9    payments or contributions payable by such employee to any
10    labor organization as defined in the Illinois Educational
11    Labor Relations Act. Under such arrangement, an amount
12    shall be withheld from each regular payroll period which is
13    equal to the pro rata share of the annual dues plus any
14    payments or contributions, and the board shall transmit
15    such withholdings to the specified labor organization
16    within 10 working days from the time of the withholding;
17        19a. Upon receipt of notice from the comptroller of a
18    municipality with a population of 500,000 or more, a county
19    with a population of 3,000,000 or more, the Cook County
20    Forest Preserve District, the Chicago Park District, the
21    Metropolitan Water Reclamation District, the Chicago
22    Transit Authority, or a housing authority of a municipality
23    with a population of 500,000 or more that a debt is due and
24    owing the municipality, the county, the Cook County Forest
25    Preserve District, the Chicago Park District, the
26    Metropolitan Water Reclamation District, the Chicago

 

 

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1    Transit Authority, or the housing authority by an employee
2    of the Chicago Board of Education, to withhold, from the
3    compensation of that employee, the amount of the debt that
4    is due and owing and pay the amount withheld to the
5    municipality, the county, the Cook County Forest Preserve
6    District, the Chicago Park District, the Metropolitan
7    Water Reclamation District, the Chicago Transit Authority,
8    or the housing authority; provided, however, that the
9    amount deducted from any one salary or wage payment shall
10    not exceed 25% of the net amount of the payment. Before the
11    Board deducts any amount from any salary or wage of an
12    employee under this paragraph, the municipality, the
13    county, the Cook County Forest Preserve District, the
14    Chicago Park District, the Metropolitan Water Reclamation
15    District, the Chicago Transit Authority, or the housing
16    authority shall certify that (i) the employee has been
17    afforded an opportunity for a hearing to dispute the debt
18    that is due and owing the municipality, the county, the
19    Cook County Forest Preserve District, the Chicago Park
20    District, the Metropolitan Water Reclamation District, the
21    Chicago Transit Authority, or the housing authority and
22    (ii) the employee has received notice of a wage deduction
23    order and has been afforded an opportunity for a hearing to
24    object to the order. For purposes of this paragraph, "net
25    amount" means that part of the salary or wage payment
26    remaining after the deduction of any amounts required by

 

 

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1    law to be deducted and "debt due and owing" means (i) a
2    specified sum of money owed to the municipality, the
3    county, the Cook County Forest Preserve District, the
4    Chicago Park District, the Metropolitan Water Reclamation
5    District, the Chicago Transit Authority, or the housing
6    authority for services, work, or goods, after the period
7    granted for payment has expired, or (ii) a specified sum of
8    money owed to the municipality, the county, the Cook County
9    Forest Preserve District, the Chicago Park District, the
10    Metropolitan Water Reclamation District, the Chicago
11    Transit Authority, or the housing authority pursuant to a
12    court order or order of an administrative hearing officer
13    after the exhaustion of, or the failure to exhaust,
14    judicial review;
15        20. The board is encouraged to employ a sufficient
16    number of certified school counselors to maintain a
17    student/counselor ratio of 250 to 1 by July 1, 1990. Each
18    counselor shall spend at least 75% of his work time in
19    direct contact with students and shall maintain a record of
20    such time;
21        21. To make available to students vocational and career
22    counseling and to establish 5 special career counseling
23    days for students and parents. On these days
24    representatives of local businesses and industries shall
25    be invited to the school campus and shall inform students
26    of career opportunities available to them in the various

 

 

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1    businesses and industries. Special consideration shall be
2    given to counseling minority students as to career
3    opportunities available to them in various fields. For the
4    purposes of this paragraph, minority student means a person
5    who is any of the following:
6        (a) American Indian or Alaska Native (a person having
7    origins in any of the original peoples of North and South
8    America, including Central America, and who maintains
9    tribal affiliation or community attachment).
10        (b) Asian (a person having origins in any of the
11    original peoples of the Far East, Southeast Asia, or the
12    Indian subcontinent, including, but not limited to,
13    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
14    the Philippine Islands, Thailand, and Vietnam).
15        (c) Black or African American (a person having origins
16    in any of the black racial groups of Africa). Terms such as
17    "Haitian" or "Negro" can be used in addition to "Black or
18    African American".
19        (d) Hispanic or Latino (a person of Cuban, Mexican,
20    Puerto Rican, South or Central American, or other Spanish
21    culture or origin, regardless of race).
22        (e) Native Hawaiian or Other Pacific Islander (a person
23    having origins in any of the original peoples of Hawaii,
24    Guam, Samoa, or other Pacific Islands).
25        Counseling days shall not be in lieu of regular school
26    days;

 

 

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1        22. To report to the State Board of Education the
2    annual student dropout rate and number of students who
3    graduate from, transfer from or otherwise leave bilingual
4    programs;
5        23. Except as otherwise provided in the Abused and
6    Neglected Child Reporting Act or other applicable State or
7    federal law, to permit school officials to withhold, from
8    any person, information on the whereabouts of any child
9    removed from school premises when the child has been taken
10    into protective custody as a victim of suspected child
11    abuse. School officials shall direct such person to the
12    Department of Children and Family Services, or to the local
13    law enforcement agency if appropriate;
14        24. To develop a policy, based on the current state of
15    existing school facilities, projected enrollment and
16    efficient utilization of available resources, for capital
17    improvement of schools and school buildings within the
18    district, addressing in that policy both the relative
19    priority for major repairs, renovations and additions to
20    school facilities, and the advisability or necessity of
21    building new school facilities or closing existing schools
22    to meet current or projected demographic patterns within
23    the district;
24        25. To make available to the students in every high
25    school attendance center the ability to take all courses
26    necessary to comply with the Board of Higher Education's

 

 

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1    college entrance criteria effective in 1993;
2        26. To encourage mid-career changes into the teaching
3    profession, whereby qualified professionals become
4    certified teachers, by allowing credit for professional
5    employment in related fields when determining point of
6    entry on teacher pay scale;
7        27. To provide or contract out training programs for
8    administrative personnel and principals with revised or
9    expanded duties pursuant to this Act in order to assure
10    they have the knowledge and skills to perform their duties;
11        28. To establish a fund for the prioritized special
12    needs programs, and to allocate such funds and other lump
13    sum amounts to each attendance center in a manner
14    consistent with the provisions of part 4 of Section 34-2.3.
15    Nothing in this paragraph shall be construed to require any
16    additional appropriations of State funds for this purpose;
17        29. (Blank);
18        30. Notwithstanding any other provision of this Act or
19    any other law to the contrary, to contract with third
20    parties for services otherwise performed by employees,
21    including those in a bargaining unit, and to layoff those
22    employees upon 14 days written notice to the affected
23    employees. Those contracts may be for a period not to
24    exceed 5 years and may be awarded on a system-wide basis.
25    The board may not operate more than 30 contract schools,
26    provided that the board may operate an additional 5

 

 

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1    contract turnaround schools pursuant to item (5.5) of
2    subsection (d) of Section 34-8.3 of this Code;
3        31. To promulgate rules establishing procedures
4    governing the layoff or reduction in force of employees and
5    the recall of such employees, including, but not limited
6    to, criteria for such layoffs, reductions in force or
7    recall rights of such employees and the weight to be given
8    to any particular criterion. Such criteria shall take into
9    account factors including, but not be limited to,
10    qualifications, certifications, experience, performance
11    ratings or evaluations, and any other factors relating to
12    an employee's job performance;
13        32. To develop a policy to prevent nepotism in the
14    hiring of personnel or the selection of contractors;
15        33. To enter into a partnership agreement, as required
16    by Section 34-3.5 of this Code, and, notwithstanding any
17    other provision of law to the contrary, to promulgate
18    policies, enter into contracts, and take any other action
19    necessary to accomplish the objectives and implement the
20    requirements of that agreement; and
21        34. To establish a Labor Management Council to the
22    board comprised of representatives of the board, the chief
23    executive officer, and those labor organizations that are
24    the exclusive representatives of employees of the board and
25    to promulgate policies and procedures for the operation of
26    the Council.

 

 

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1    The specifications of the powers herein granted are not to
2be construed as exclusive but the board shall also exercise all
3other powers that they may be requisite or proper for the
4maintenance and the development of a public school system, not
5inconsistent with the other provisions of this Article or
6provisions of this Code which apply to all school districts.
7    In addition to the powers herein granted and authorized to
8be exercised by the board, it shall be the duty of the board to
9review or to direct independent reviews of special education
10expenditures and services. The board shall file a report of
11such review with the General Assembly on or before May 1, 1990.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (105 ILCS 5/34-18.30)
14    Sec. 34-18.30. Dependents of military personnel; no
15tuition charge. If, at the time of enrollment, a dependent of
16United States military personnel is housed in temporary housing
17located outside of the school district, but will be living
18within the district within 60 days after the time of initial
19enrollment, the dependent must be allowed to enroll, subject to
20the requirements of this Section, and must not be charged
21tuition. Any United States military personnel attempting to
22enroll a dependent under this Section shall provide proof that
23the dependent will be living within the district within 60 days
24after the time of initial enrollment. Proof of residency may
25include, but is not limited to, postmarked mail addressed to

 

 

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1the military personnel and sent to an address located within
2the district, a lease agreement for occupancy of a residence
3located within the district, or proof of ownership of a
4residence located within the district. Non-resident dependents
5of United States military personnel attending school on a
6tuition-free basis may be counted for the purposes of
7determining the apportionment of State aid provided under
8Section 18-8.05 or 18-8.15 of this Code.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    (105 ILCS 5/34-43.1)  (from Ch. 122, par. 34-43.1)
11    Sec. 34-43.1. (A) Limitation of noninstructional costs. It
12is the purpose of this Section to establish for the Board of
13Education and the general superintendent of schools
14requirements and standards which maximize the proportion of
15school district resources in direct support of educational,
16program, and building maintenance and safety services for the
17pupils of the district, and which correspondingly minimize the
18amount and proportion of such resources associated with
19centralized administration, administrative support services,
20and other noninstructional services.
21    For the 1989-90 school year and for all subsequent school
22years, the Board of Education shall undertake budgetary and
23expenditure control actions which limit the administrative
24expenditures of the Board of Education to levels, as provided
25for in this Section, which represent an average of the

 

 

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1administrative expenses of all school districts in this State
2not subject to Article 34.
3    (B) Certification of expenses by the State Superintendent
4of Education. The State Superintendent of Education shall
5annually certify, on or before May 1, to the Board of Education
6and the School Finance Authority, for the applicable school
7year, the following information:
8        (1) the annual expenditures of all school districts of
9    the State not subject to Article 34 properly attributable
10    to expenditure functions defined by the rules and
11    regulations of the State Board of Education as: 2210
12    (Improvement of Instructional Services); 2300 (Support
13    Services - General Administration) excluding, however,
14    2320 (Executive Administrative Services); 2490 (Other
15    Support Services - School Administration); 2500 (Support
16    Services - Business); 2600 (Support Services - Central);
17        (2) the total annual expenditures of all school
18    districts not subject to Article 34 attributable to the
19    Education Fund, the Operations, Building and Maintenance
20    Fund, the Transportation Fund and the Illinois Municipal
21    Retirement Fund of the several districts, as defined by the
22    rules and regulations of the State Board of Education; and
23        (3) a ratio, to be called the statewide average of
24    administrative expenditures, derived by dividing the
25    expenditures certified pursuant to paragraph (B)(1) by the
26    expenditures certified pursuant to paragraph (B)(2).

 

 

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1    For purposes of the annual certification of expenditures
2and ratios required by this Section, the "applicable year" of
3certification shall initially be the 1986-87 school year and,
4in sequent years, each succeeding school year.
5    The State Superintendent of Education shall consult with
6the Board of Education to ascertain whether particular
7expenditure items allocable to the administrative functions
8enumerated in paragraph (B)(1) are appropriately or
9necessarily higher in the applicable school district than in
10the rest of the State due to noncomparable factors. The State
11Superintendent shall also review the relevant cost proportions
12in other large urban school districts. The State Superintendent
13shall also review the expenditure categories in paragraph
14(B)(1) to ascertain whether they contain school-level
15expenses. If he or she finds that adjustments to the formula
16are appropriate or necessary to establish a more fair and
17comparable standard for administrative cost for the Board of
18Education or to exclude school-level expenses, the State
19Superintendent shall recommend to the School Finance Authority
20rules and regulations adjusting particular subcategories in
21this subsection (B) or adjusting certain costs in determining
22the budget and expenditure items properly attributable to the
23functions or otherwise adjust the formula.
24    (C) Administrative expenditure limitations. The annual
25budget of the Board of Education, as adopted and implemented,
26and the related annual expenditures for the school year, shall

 

 

10000SB0001sam003- 450 -LRB100 06371 NHT 24718 a

1reflect a limitation on administrative outlays as required by
2the following provisions, taking into account any adjustments
3established by the State Superintendent of Education: (1) the
4budget and expenditures of the Board of Education for the
51989-90 school year shall reflect a ratio of administrative
6expenditures to total expenditures equal to or less than the
7statewide average of administrative expenditures for the
81986-87 school year as certified by the State Superintendent of
9Education pursuant to paragraph (B)(3); (2) for the 1990-91
10school year and for all subsequent school years, the budget and
11expenditures of the Board of Education shall reflect a ratio of
12administrative expenditures to total expenditures equal to or
13less than the statewide average of administrative expenditures
14certified by the State Superintendent of Education for the
15applicable year pursuant to paragraph (B)(3); (3) if for any
16school year the budget of the Board of Education reflects a
17ratio of administrative expenditures to total expenditures
18which exceeds the applicable statewide average, the Board of
19Education shall reduce expenditure items allocable to the
20administrative functions enumerated in paragraph (B)(1) such
21that the Board of Education's ratio of administrative
22expenditures to total expenditures is equal to or less than the
23applicable statewide average ratio.
24    For purposes of this Section, the ratio of administrative
25expenditures to the total expenditures of the Board of
26Education, as applied to the budget of the Board of Education,

 

 

10000SB0001sam003- 451 -LRB100 06371 NHT 24718 a

1shall mean: the budgeted expenditure items of the Board of
2Education properly attributable to the expenditure functions
3identified in paragraph (B)(1) divided by the total budgeted
4expenditures of the Board of Education properly attributable to
5the Board of Education funds corresponding to those funds
6identified in paragraph (B)(2), exclusive of any monies
7budgeted for payment to the Public School Teachers' Pension and
8Retirement System, attributable to payments due from the
9General Funds of the State of Illinois.
10     The annual expenditure of the Board of Education for 2320
11(Executive Administrative Services) for the 1989-90 school
12year shall be no greater than the 2320 expenditure for the
131988-89 school year. The annual expenditure of the Board of
14Education for 2320 for the 1990-91 school year and each
15subsequent school year shall be no greater than the 2320
16expenditure for the immediately preceding school year or the
171988-89 school year, whichever is less. This annual expenditure
18limitation may be adjusted in each year in an amount not to
19exceed any change effective during the applicable school year
20in salary to be paid under the collective bargaining agreement
21with instructional personnel to which the Board is a party and
22in benefit costs either required by law or such collective
23bargaining agreement.
24    (D) Cost control measures. In undertaking actions to
25control or reduce expenditure items necessitated by the
26administrative expenditure limitations of this Section, the

 

 

10000SB0001sam003- 452 -LRB100 06371 NHT 24718 a

1Board of Education shall give priority consideration to
2reductions or cost controls with the least effect upon direct
3services to students or instructional services for pupils, and
4upon the safety and well-being of pupils, and, as applicable,
5with the particular costs or functions to which the Board of
6Education is higher than the statewide average.
7    For purposes of assuring that the cost control priorities
8of this subsection (D) are met, the State Superintendent of
9Education shall, with the assistance of the Board of Education,
10review the cost allocation practices of the Board of Education,
11and the State Superintendent of Education shall thereafter
12recommend to the School Finance Authority rules and regulations
13which define administrative areas which most impact upon the
14direct and instructional needs of students and upon the safety
15and well-being of the pupils of the district. No position
16closed shall be reopened using State or federal categorical
17funds.
18    (E) Report of Audited Information. For the 1988-89 school
19year and for all subsequent school years, the Board of
20Education shall file with the State Board of Education the
21Annual Financial Report and its audit, as required by the rules
22of the State Board of Education. Such reports shall be filed no
23later than February 15 following the end of the school year of
24the Board of Education, beginning with the report to be filed
25no later than February 15, 1990 for the 1988-89 school year.
26    As part of the required Annual Financial Report, the Board

 

 

10000SB0001sam003- 453 -LRB100 06371 NHT 24718 a

1of Education shall provide a detailed accounting of the central
2level, district, bureau and department costs and personnel
3included within expenditure functions included in paragraph
4(B)(1). The nature and detail of the reporting required for
5these functions shall be prescribed by the State Board of
6Education in rules and regulations. A copy of this detailed
7accounting shall also be provided annually to the School
8Finance Authority and the public. This report shall contain a
9reconciliation to the board of education's adopted budget for
10that fiscal year, specifically delineating administrative
11functions.
12    If the information required under this Section is not
13provided by the Board of Education in a timely manner, or is
14initially or subsequently determined by the State
15Superintendent of Education to be incomplete or inaccurate, the
16State Superintendent shall, in writing, notify the Board of
17Education of reporting deficiencies. The Board of Education
18shall, within 60 days of such notice, address the reporting
19deficiencies identified. If the State Superintendent of
20Education does not receive satisfactory response to these
21reporting deficiencies within 60 days, the next payment of
22general State aid or evidence-based funding due the Board of
23Education under Section 18-8 or Section 18-8.15, as applicable,
24and all subsequent payments, shall be withheld by the State
25Superintendent of Education until the enumerated deficiencies
26have been addressed.

 

 

10000SB0001sam003- 454 -LRB100 06371 NHT 24718 a

1    Utilizing the Annual Financial Report, the State
2Superintendent of Education shall certify on or before May 1 to
3the School Finance Authority the Board of Education's ratio of
4administrative expenditures to total expenditures for the
51988-89 school year and for each succeeding school year. Such
6certification shall indicate the extent to which the
7administrative expenditure ratio of the Board of Education
8conformed to the limitations required in subsection (C) of this
9Section, taking into account any adjustments of the limitations
10which may have been recommended by the State Superintendent of
11Education to the School Finance Authority. In deriving the
12administrative expenditure ratio of the Chicago Board of
13Education, the State Superintendent of Education shall utilize
14the definition of this ratio prescribed in subsection (C) of
15this Section, except that the actual expenditures of the Board
16of Education shall be substituted for budgeted expenditure
17items.
18    (F) Approval and adjustments to administrative expenditure
19limitations. The School Finance Authority organized under
20Article 34A shall monitor the Board of Education's adherence to
21the requirements of this Section. As part of its responsibility
22the School Finance Authority shall determine whether the Board
23of Education's budget for the next school year, and the
24expenditures for a prior school year, comply with the
25limitation of administrative expenditures required by this
26Section. The Board of Education and the State Board of

 

 

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1Education shall provide such information as is required by the
2School Finance Authority in order for the Authority to
3determine compliance with the provisions of this Section. If
4the Authority determines that the budget proposed by the Board
5of Education does not meet the cost control requirements of
6this Section, the Board of Education shall undertake budgetary
7reductions, consistent with the requirements of this Section,
8to bring the proposed budget into compliance with such cost
9control limitations.
10    If, in formulating cost control and cost reduction
11alternatives, the Board of Education believes that meeting the
12cost control requirements of this Section related to the budget
13for the ensuing year would impair the education, safety, or
14well-being of the pupils of the school district, the Board of
15Education may request that the School Finance Authority make
16adjustments to the limitations required by this Section. The
17Board of Education shall specify the amount, nature, and
18reasons for the relief required and shall also identify cost
19reductions which can be made in expenditure functions not
20enumerated in paragraph (B)(1), which would serve the purposes
21of this Section.
22    The School Finance Authority shall consult with the State
23Superintendent of Education concerning the reasonableness from
24an educational administration perspective of the adjustments
25sought by the Board of Education. The School Finance Authority
26shall provide an opportunity for the public to comment upon the

 

 

10000SB0001sam003- 456 -LRB100 06371 NHT 24718 a

1reasonableness of the Board's request. If, after such
2consultation, the School Finance Authority determines that all
3or a portion of the adjustments sought by the Board of
4Education are reasonably appropriate or necessary, the
5Authority may grant such relief from the provisions of this
6Section which the Authority deems appropriate. Adjustments so
7granted apply only to the specific school year for which the
8request was made.
9    In the event that the School Finance Authority determines
10that the Board of Education has failed to achieve the required
11administrative expenditure limitations for a prior school
12year, or if the Authority determines that the Board of
13Education has not met the requirements of subsection (F), the
14Authority shall make recommendations to the Board of Education
15concerning appropriate corrective actions. If the Board of
16Education fails to provide adequate assurance to the Authority
17that appropriate corrective actions have been or will be taken,
18the Authority may, within 60 days thereafter, require the board
19to adjust its current budget to correct for the prior year's
20shortage or may recommend to the members of the General
21Assembly and the Governor such sanctions or remedial actions as
22will serve to deter any further such failures on the part of
23the Board of Education.
24    To assist the Authority in its monitoring
25responsibilities, the Board of Education shall provide such
26reports and information as are from time to time required by

 

 

10000SB0001sam003- 457 -LRB100 06371 NHT 24718 a

1the Authority.
2    (G) Independent reviews of administrative expenditures.
3The School Finance Authority may direct independent reviews of
4the administrative and administrative support expenditures and
5services and other non-instructional expenditure functions of
6the Board of Education. The Board of Education shall afford
7full cooperation to the School Finance Authority in such review
8activity. The purpose of such reviews shall be to verify
9specific targets for improved operating efficiencies of the
10Board of Education, to identify other areas of potential
11efficiencies, and to assure full and proper compliance by the
12Board of Education with all requirements of this Section.
13    In the conduct of reviews under this subsection, the
14Authority may request the assistance and consultation of the
15State Superintendent of Education with regard to questions of
16efficiency and effectiveness in educational administration.
17    (H) Reports to Governor and General Assembly. On or before
18May 1, 1991 and no less frequently than yearly thereafter, the
19School Finance Authority shall provide to the Governor, the
20State Board of Education, and the members of the General
21Assembly an annual report, as outlined in Section 34A-606,
22which includes the following information: (1) documenting the
23compliance or non-compliance of the Board of Education with the
24requirements of this Section; (2) summarizing the costs,
25findings, and recommendations of any reviews directed by the
26School Finance Authority, and the response to such

 

 

10000SB0001sam003- 458 -LRB100 06371 NHT 24718 a

1recommendations made by the Board of Education; and (3)
2recommending sanctions or legislation necessary to fulfill the
3intent of this Section.
4(Source: P.A. 86-124; 86-1477.)
 
5    Section 50. The Educational Opportunity for Military
6Children Act is amended by changing Section 25 as follows:
 
7    (105 ILCS 70/25)
8    Sec. 25. Tuition for children of active duty military
9personnel who are transfer students. If a student who is a
10child of active duty military personnel is (i) placed with a
11non-custodial parent and (ii) as a result of placement, must
12attend a non-resident school district, then the student must
13not be charged the tuition of the school that the student
14attends as a result of placement with the non-custodial parent
15and the student must be counted in the calculation of average
16daily attendance under Section 18-8.05 or 18-8.15 of the School
17Code.
18(Source: P.A. 98-673, eff. 6-30-14.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes

 

 

10000SB0001sam003- 459 -LRB100 06371 NHT 24718 a

1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 97. Savings clause. Any repeal or amendment made by
4this Act shall not affect or impair any of the following: suits
5pending or rights existing at the time this Act takes effect;
6any grant or conveyance made or right acquired or cause of
7action now existing under any Section, Article, or Act repealed
8or amended by this Act; the validity of any bonds or other
9obligations issued or sold and constituting valid obligations
10of the issuing authority at the time this Act takes effect; the
11validity of any contract; the validity of any tax levied under
12any law in effect prior to the effective date of this Act; or
13any offense committed, act done, penalty, punishment, or
14forfeiture incurred or any claim, right, power, or remedy
15accrued under any law in effect prior to the effective date of
16this Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law, but this Act does not take effect at all unless
19Senate Bills 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 16 of the
20100th General Assembly become law.".