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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1771
Introduced 2/23/2007, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-19 |
from Ch. 122, par. 10-19 |
105 ILCS 5/10-19.1 |
from Ch. 122, par. 10-19.1 |
105 ILCS 5/10-20.12 |
from Ch. 122, par. 10-20.12 |
105 ILCS 5/18-8.05 |
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105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
105 ILCS 5/34-2.1 |
from Ch. 122, par. 34-2.1 |
105 ILCS 5/34-18 |
from Ch. 122, par. 34-18 |
105 ILCS 5/10-19.2 rep. |
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105 ILCS 5/34-21.4 rep. |
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Amends the School Code. Prohibits a school district from operating any schools within the district on a full year school plan (now a full year school plan is allowed). Removes references in the School Code to full-year or year-round schooling.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1771 |
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LRB095 09539 NHT 29738 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections |
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| 10-19, 10-19.1, 10-20.12, 18-8.05, 26-1, 34-2.1, and 34-18 as |
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| follows:
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| (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
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| Sec. 10-19. Length of school term - experimental programs. |
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| Each school
board shall annually prepare a calendar for the |
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| school term, specifying
the opening and closing dates and |
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| providing a minimum term of at least 185
days to insure 176 |
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| days of actual pupil attendance, computable under Section
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| 18-8.05, except that for the 1980-1981 school year only 175 |
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| days
of actual
pupil attendance shall be required because of |
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| the closing of schools pursuant
to Section 24-2 on January 29, |
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| 1981 upon the appointment by the President
of that day as a day |
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| of thanksgiving for the freedom of the Americans who
had been |
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| held hostage in Iran. Any days allowed by law for teachers'
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| institute but not used as such or used as parental institutes |
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| as provided
in Section 10-22.18d shall increase the minimum |
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| term by the school days not
so used. The
Except as provided in |
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| Section 10-19.1, the board may not extend
the school term |
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| beyond such closing date unless that extension of term is
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| necessary to provide the minimum number of computable days. In |
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| case of
such necessary extension school employees
shall be paid |
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| for such additional time on the basis of their regular
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| contracts. A school board may specify a closing date earlier |
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| than that
set on the annual calendar when the schools of the |
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| district have
provided the minimum number of computable days |
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| under this Section.
Nothing in this Section prevents the board |
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| from employing
superintendents of schools, principals and |
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| other nonteaching personnel
for a period of 12 months, or in |
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| the case of superintendents for a
period in accordance with |
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| Section 10-23.8, or prevents the board from
employing other |
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| personnel before or after the regular school term with
payment |
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| of salary proportionate to that received for comparable work
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| during the school term.
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| A school board may make such changes in its calendar for |
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| the school term
as may be required by any changes in the legal |
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| school holidays prescribed
in Section 24-2. A school board may |
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| make changes in its calendar for the
school term as may be |
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| necessary to reflect the utilization of teachers'
institute |
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| days as parental institute days as provided in Section |
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| 10-22.18d.
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| The calendar for the school term and any changes must be |
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| submitted to and approved by the regional superintendent of |
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| schools before the calendar or changes may take effect.
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| With the prior approval of the State Board of Education and |
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| subject
to review by the State Board of Education every 3 |
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| years, any school
board may, by resolution of its board and in |
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| agreement with affected
exclusive collective bargaining |
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| agents, establish experimental
educational programs, including |
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| but not limited to programs for
self-directed learning or |
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| outside of formal class periods, which programs
when so |
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| approved shall be considered to comply with the requirements of
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| this Section as respects numbers of days of actual pupil |
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| attendance and
with the other requirements of this Act as |
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| respects courses of instruction.
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| (Source: P.A. 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
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| Sec. 10-19.1. Full year school plan prohibited . A
Any
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| school district may not , by resolution of its board, operate |
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| any
one or
more schools within the district on a full year |
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| school plan .
approved by
the State Board of Education.
Any |
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| board which operates under
this Section shall devise a plan so |
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| that a student's required attendance
in school shall be for a |
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| minimum term of 180 days of actual attendance,
including not |
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| more than 4 institute days, during a 12 month period, but
shall |
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| not exceed 185 days. Under such plan, no teacher shall be |
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| required
to teach more than 185 days. A calendar of 180 days |
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| may be established
with the approval of the State Board of |
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| Education.
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| (Source: P.A. 81-1508.)
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| (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
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| Sec. 10-20.12. School year - School age. To establish and |
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| keep in
operation in each year during a school term of at least |
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| the minimum length
required by Section 10-19, a sufficient |
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| number of free schools for the
accommodation of all persons in |
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| the district who are 5 years of age or
older but under 21 years |
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| of age, and to secure for all such persons the
right and |
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| opportunity to an equal education in such schools; provided |
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| that
children who will attain the age of 5 years on or before |
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| September 1 of the
year of the 1990-1991 school term and each |
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| school term thereafter may
attend school upon the commencement |
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| of such term. Based upon an assessment
of a child's readiness |
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| to attend school, a school district may permit a
child to |
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| attend school prior to the dates contained in this Section. In |
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| any
school district operating on a full year school basis |
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| children who will
attain age 5 within 30 days after the |
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| commencement of a term may attend
school upon the commencement |
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| of such term. The school district may, by
resolution of its |
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| board, allow for a full year school plan.
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| (Source: P.A. 87-359.)
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| (105 ILCS 5/18-8.05)
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| Sec. 18-8.05. Basis for apportionment of general State |
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| financial aid and
supplemental general State aid to the common |
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| schools for the 1998-1999 and
subsequent school years.
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| (A) General Provisions.
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| (1) The provisions of this Section apply to the 1998-1999 |
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| and subsequent
school years. The system of general State |
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| financial aid provided for in this
Section
is designed to |
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| assure that, through a combination of State financial aid and
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| required local resources, the financial support provided each |
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| pupil in Average
Daily Attendance equals or exceeds a
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| prescribed per pupil Foundation Level. This formula approach |
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| imputes a level
of per pupil Available Local Resources and |
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| provides for the basis to calculate
a per pupil level of |
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| general State financial aid that, when added to Available
Local |
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| Resources, equals or exceeds the Foundation Level. The
amount |
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| of per pupil general State financial aid for school districts, |
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| in
general, varies in inverse
relation to Available Local |
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| Resources. Per pupil amounts are based upon
each school |
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| district's Average Daily Attendance as that term is defined in |
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| this
Section.
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| (2) In addition to general State financial aid, school |
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| districts with
specified levels or concentrations of pupils |
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| from low income households are
eligible to receive supplemental |
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| general State financial aid grants as provided
pursuant to |
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| subsection (H).
The supplemental State aid grants provided for |
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| school districts under
subsection (H) shall be appropriated for |
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| distribution to school districts as
part of the same line item |
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| in which the general State financial aid of school
districts is |
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| appropriated under this Section.
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| (3) To receive financial assistance under this Section, |
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| school districts
are required to file claims with the State |
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| Board of Education, subject to the
following requirements:
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| (a) Any school district which fails for any given |
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| school year to maintain
school as required by law, or to |
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| maintain a recognized school is not
eligible to file for |
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| such school year any claim upon the Common School
Fund. In |
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| case of nonrecognition of one or more attendance centers in |
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| a
school district otherwise operating recognized schools, |
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| the claim of the
district shall be reduced in the |
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| proportion which the Average Daily
Attendance in the |
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| attendance center or centers bear to the Average Daily
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| Attendance in the school district. A "recognized school" |
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| means any
public school which meets the standards as |
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| established for recognition
by the State Board of |
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| Education. A school district or attendance center
not |
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| having recognition status at the end of a school term is |
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| entitled to
receive State aid payments due upon a legal |
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| claim which was filed while
it was recognized.
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| (b) School district claims filed under this Section are |
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| subject to
Sections 18-9, 18-10, and 18-12, except as |
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| otherwise provided in this
Section.
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| (c) (Blank).
If a school district operates a full year |
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| school under Section
10-19.1, the general State aid to the |
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| school district shall be determined
by the State Board of |
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| Education in accordance with this Section as near as
may be |
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| applicable.
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| (d) (Blank).
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| (4) Except as provided in subsections (H) and (L), the |
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| board of any district
receiving any of the grants provided for |
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| in this Section may apply those funds
to any fund so received |
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| for which that board is authorized to make expenditures
by law.
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| School districts are not required to exert a minimum |
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| Operating Tax Rate in
order to qualify for assistance under |
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| this Section.
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| (5) As used in this Section the following terms, when |
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| capitalized, shall
have the meaning ascribed herein:
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| (a) "Average Daily Attendance": A count of pupil |
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| attendance in school,
averaged as provided for in |
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| subsection (C) and utilized in deriving per pupil
financial |
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| support levels.
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| (b) "Available Local Resources": A computation of |
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| local financial
support, calculated on the basis of Average |
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| Daily Attendance and derived as
provided pursuant to |
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| subsection (D).
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| (c) "Corporate Personal Property Replacement Taxes": |
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| Funds paid to local
school districts pursuant to "An Act in |
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| relation to the abolition of ad valorem
personal property |
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| tax and the replacement of revenues lost thereby, and
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| amending and repealing certain Acts and parts of Acts in |
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| connection therewith",
certified August 14, 1979, as |
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| amended (Public Act 81-1st S.S.-1).
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| (d) "Foundation Level": A prescribed level of per pupil |
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| financial support
as provided for in subsection (B).
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| (e) "Operating Tax Rate": All school district property |
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| taxes extended for
all purposes, except Bond and
Interest, |
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| Summer School, Rent, Capital Improvement, and Vocational |
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| Education
Building purposes.
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| (B) Foundation Level.
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| (1) The Foundation Level is a figure established by the |
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| State representing
the minimum level of per pupil financial |
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| support that should be available to
provide for the basic |
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| education of each pupil in
Average Daily Attendance. As set |
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| forth in this Section, each school district
is assumed to exert
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| a sufficient local taxing effort such that, in combination with |
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| the aggregate
of general State
financial aid provided the |
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| district, an aggregate of State and local resources
are |
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| available to meet
the basic education needs of pupils in the |
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| district.
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| (2) For the 1998-1999 school year, the Foundation Level of |
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| support is
$4,225. For the 1999-2000 school year, the |
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| Foundation Level of support is
$4,325. For the 2000-2001 school |
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| year, the Foundation Level of support is
$4,425. For the |
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| 2001-2002 school year and 2002-2003 school year, the
Foundation |
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| Level of support is $4,560. For the 2003-2004 school year, the |
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| Foundation Level of support is $4,810. For the 2004-2005 school |
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| year, the Foundation Level of support is $4,964.
For the |
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| 2005-2006 school year,
the Foundation Level of support is |
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| $5,164.
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| (3) For the 2006-2007 school year and each school year |
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| thereafter,
the Foundation Level of support is $5,334 or such |
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| greater amount as
may be established by law by the General |
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| Assembly.
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| (C) Average Daily Attendance.
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| (1) For purposes of calculating general State aid pursuant |
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| to subsection
(E), an Average Daily Attendance figure shall be |
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| utilized. The Average Daily
Attendance figure for formula
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| calculation purposes shall be the monthly average of the actual |
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| number of
pupils in attendance of
each school district, as |
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| further averaged for the best 3 months of pupil
attendance for |
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| each
school district. In compiling the figures for the number |
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| of pupils in
attendance, school districts
and the State Board |
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| of Education shall, for purposes of general State aid
funding, |
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| conform
attendance figures to the requirements of subsection |
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| (F).
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| (2) The Average Daily Attendance figures utilized in |
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| subsection (E) shall be
the requisite attendance data for the |
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| school year immediately preceding
the
school year for which |
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| general State aid is being calculated
or the average of the |
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| attendance data for the 3 preceding school
years, whichever is |
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| greater. The Average Daily Attendance figures
utilized in |
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| subsection (H) shall be the requisite attendance data for the
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| school year immediately preceding the school year for which |
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| general
State aid is being calculated.
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| (D) Available Local Resources.
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| (1) For purposes of calculating general State aid pursuant |
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| to subsection
(E), a representation of Available Local |
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| Resources per pupil, as that term is
defined and determined in |
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| this subsection, shall be utilized. Available Local
Resources |
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| per pupil shall include a calculated
dollar amount representing |
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| local school district revenues from local property
taxes and |
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| from
Corporate Personal Property Replacement Taxes, expressed |
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| on the basis of pupils
in Average
Daily Attendance. Calculation |
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| of Available Local Resources shall exclude any tax amnesty |
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| funds received as a result of Public Act 93-26.
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| (2) In determining a school district's revenue from local |
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| property taxes,
the State Board of Education shall utilize the |
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| equalized assessed valuation of
all taxable property of each |
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| school
district as of September 30 of the previous year. The |
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| equalized assessed
valuation utilized shall
be obtained and |
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| determined as provided in subsection (G).
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| (3) For school districts maintaining grades kindergarten |
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| through 12, local
property tax
revenues per pupil shall be |
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| calculated as the product of the applicable
equalized assessed
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| valuation for the district multiplied by 3.00%, and divided by |
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| the district's
Average Daily
Attendance figure. For school |
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| districts maintaining grades kindergarten
through 8, local
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| property tax revenues per pupil shall be calculated as the |
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| product of the
applicable equalized
assessed valuation for the |
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| district multiplied by 2.30%, and divided by the
district's |
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| Average
Daily Attendance figure. For school districts |
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| maintaining grades 9 through 12,
local property
tax revenues |
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| per pupil shall be the applicable equalized assessed valuation |
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| of
the district
multiplied by 1.05%, and divided by the |
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| district's Average Daily
Attendance
figure.
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| For partial elementary unit districts created pursuant to |
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| Article 11E of this Code, local property tax revenues per pupil |
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| shall be calculated as the product of the equalized assessed |
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| valuation for property within the elementary and high school |
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| classification of the partial elementary unit district |
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| multiplied by 2.06% and divided by the Average Daily Attendance |
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| figure for grades kindergarten through 8, plus the product of |
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| the equalized assessed valuation for property within the high |
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| school only classification of the partial elementary unit |
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| district multiplied by 0.94% and divided by the Average Daily |
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| Attendance figure for grades 9 through 12.
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| (4) The Corporate Personal Property Replacement Taxes paid |
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| to each school
district during the calendar year 2 years before |
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| the calendar year in which a
school year begins, divided by the |
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| Average Daily Attendance figure for that
district, shall be |
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| added to the local property tax revenues per pupil as
derived |
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| by the application of the immediately preceding paragraph (3). |
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| The sum
of these per pupil figures for each school district |
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| shall constitute Available
Local Resources as that term is |
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| utilized in subsection (E) in the calculation
of general State |
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| aid.
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| (E) Computation of General State Aid.
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| (1) For each school year, the amount of general State aid |
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| allotted to a
school district shall be computed by the State |
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| Board of Education as provided
in this subsection.
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| (2) For any school district for which Available Local |
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| Resources per pupil
is less than the product of 0.93 times the |
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| Foundation Level, general State aid
for that district shall be |
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| calculated as an amount equal to the Foundation
Level minus |
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| Available Local Resources, multiplied by the Average Daily
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| Attendance of the school district.
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| (3) For any school district for which Available Local |
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| Resources per pupil
is equal to or greater than the product of |
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| 0.93 times the Foundation Level and
less than the product of |
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| 1.75 times the Foundation Level, the general State aid
per |
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| pupil shall be a decimal proportion of the Foundation Level |
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| derived using a
linear algorithm. Under this linear algorithm, |
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| the calculated general State
aid per pupil shall decline in |
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| direct linear fashion from 0.07 times the
Foundation Level for |
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| a school district with Available Local Resources equal to
the |
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| product of 0.93 times the Foundation Level, to 0.05 times the |
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| Foundation
Level for a school district with Available Local |
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| Resources equal to the product
of 1.75 times the Foundation |
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| Level. The allocation of general
State aid for school districts |
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| subject to this paragraph 3 shall be the
calculated general |
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| State aid
per pupil figure multiplied by the Average Daily |
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| Attendance of the school
district.
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| (4) For any school district for which Available Local |
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| Resources per pupil
equals or exceeds the product of 1.75 times |
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| the Foundation Level, the general
State aid for the school |
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| district shall be calculated as the product of $218
multiplied |
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| by the Average Daily Attendance of the school
district.
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| (5) The amount of general State aid allocated to a school |
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| district for
the 1999-2000 school year meeting the requirements |
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| set forth in paragraph (4)
of subsection
(G) shall be increased |
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| by an amount equal to the general State aid that
would have |
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| been received by the district for the 1998-1999 school year by
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| utilizing the Extension Limitation Equalized Assessed |
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| Valuation as calculated
in paragraph (4) of subsection (G) less |
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| the general State aid allotted for the
1998-1999
school year. |
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| This amount shall be deemed a one time increase, and shall not
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| affect any future general State aid allocations.
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| (F) Compilation of Average Daily Attendance.
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| (1) Each school district shall, by July 1 of each year, |
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| submit to the State
Board of Education, on forms prescribed by |
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| the State Board of Education,
attendance figures for the school |
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| year that began in the preceding calendar
year. The attendance |
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| information so transmitted shall identify the average
daily |
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| attendance figures for each month of the school year. Beginning |
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| with
the general State aid claim form for the 2002-2003 school
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| year, districts shall calculate Average Daily Attendance as |
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| provided in
subdivision
subdivisions (a) , (b), and (c) of this |
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| paragraph (1).
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| (a) Days
In districts that do not hold year-round |
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| classes,
days of attendance in August shall be added to the |
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| month of September and any
days of attendance in June shall |
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| be added to the month of May.
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| (b) (Blank).
In districts in which all buildings hold |
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| year-round classes,
days of attendance in July and August |
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| shall be added to the month
of September and any days of |
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| attendance in June shall be added to
the month of May.
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| (c) (Blank).
In districts in which some buildings, but |
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| not all, hold
year-round classes, for the non-year-round |
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| buildings, days of
attendance in August shall be added to |
17 |
| the month of September
and any days of attendance in June |
18 |
| shall be added to the month of
May. The average daily |
19 |
| attendance for the year-round buildings
shall be computed |
20 |
| as provided in subdivision (b) of this paragraph
(1). To |
21 |
| calculate the Average Daily Attendance for the district, |
22 |
| the
average daily attendance for the year-round buildings |
23 |
| shall be
multiplied by the days in session for the |
24 |
| non-year-round buildings
for each month and added to the |
25 |
| monthly attendance of the
non-year-round buildings.
|
26 |
| Except as otherwise provided in this Section, days of
|
|
|
|
HB1771 |
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|
1 |
| attendance by pupils shall be counted only for sessions of not |
2 |
| less than
5 clock hours of school work per day under direct |
3 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or |
4 |
| volunteer personnel when engaging
in non-teaching duties and |
5 |
| supervising in those instances specified in
subsection (a) of |
6 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
7 |
| of legal school age and in kindergarten and grades 1 through |
8 |
| 12.
|
9 |
| Days of attendance by tuition pupils shall be accredited |
10 |
| only to the
districts that pay the tuition to a recognized |
11 |
| school.
|
12 |
| (2) Days of attendance by pupils of less than 5 clock hours |
13 |
| of school
shall be subject to the following provisions in the |
14 |
| compilation of Average
Daily Attendance.
|
15 |
| (a) Pupils regularly enrolled in a public school for |
16 |
| only a part of
the school day may be counted on the basis |
17 |
| of 1/6 day for every class hour
of instruction of 40 |
18 |
| minutes or more attended pursuant to such enrollment,
|
19 |
| unless a pupil is
enrolled in a block-schedule format of 80 |
20 |
| minutes or more of instruction,
in which case the pupil may |
21 |
| be counted on the basis of the proportion of
minutes of |
22 |
| school work completed each day to the minimum number of
|
23 |
| minutes that school work is required to be held that day.
|
24 |
| (b) Days of attendance may be less than 5 clock hours |
25 |
| on the opening
and closing of the school term, and upon the |
26 |
| first day of pupil
attendance, if preceded by a day or days |
|
|
|
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|
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| utilized as an institute or
teachers' workshop.
|
2 |
| (c) A session of 4 or more clock hours may be counted |
3 |
| as a day of
attendance upon certification by the regional |
4 |
| superintendent, and
approved by the State Superintendent |
5 |
| of Education to the extent that the
district has been |
6 |
| forced to use daily multiple sessions.
|
7 |
| (d) A session of 3 or more clock hours may be counted |
8 |
| as a day of
attendance (1) when the remainder of the school |
9 |
| day or at least
2 hours in the evening of that day is |
10 |
| utilized for an
in-service training program for teachers, |
11 |
| up to a maximum of 5 days per
school year of which a |
12 |
| maximum of 4 days of such 5 days may be used for
|
13 |
| parent-teacher conferences, provided a district conducts |
14 |
| an in-service
training program for teachers which has been |
15 |
| approved by the State
Superintendent of Education; or, in |
16 |
| lieu of 4 such days, 2 full days may
be used, in which |
17 |
| event each such day
may be counted as a day of attendance; |
18 |
| and (2) when days in
addition to
those provided in item (1) |
19 |
| are scheduled by a school pursuant to its school
|
20 |
| improvement plan adopted under Article 34 or its revised or |
21 |
| amended school
improvement plan adopted under Article 2, |
22 |
| provided that (i) such sessions of
3 or more clock hours |
23 |
| are scheduled to occur at regular intervals, (ii) the
|
24 |
| remainder of the school days in which such sessions occur |
25 |
| are utilized
for in-service training programs or other |
26 |
| staff development activities for
teachers, and (iii) a |
|
|
|
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|
1 |
| sufficient number of minutes of school work under the
|
2 |
| direct supervision of teachers are added to the school days |
3 |
| between such
regularly scheduled sessions to accumulate |
4 |
| not less than the number of minutes
by which such sessions |
5 |
| of 3 or more clock hours fall short of 5 clock hours.
Any |
6 |
| full days used for the purposes of this paragraph shall not |
7 |
| be considered
for
computing average daily attendance. Days |
8 |
| scheduled for in-service training
programs, staff |
9 |
| development activities, or parent-teacher conferences may |
10 |
| be
scheduled separately for different
grade levels and |
11 |
| different attendance centers of the district.
|
12 |
| (e) A session of not less than one clock hour of |
13 |
| teaching
hospitalized or homebound pupils on-site or by |
14 |
| telephone to the classroom may
be counted as 1/2 day of |
15 |
| attendance, however these pupils must receive 4 or
more |
16 |
| clock hours of instruction to be counted for a full day of |
17 |
| attendance.
|
18 |
| (f) A session of at least 4 clock hours may be counted |
19 |
| as a day of
attendance for first grade pupils, and pupils |
20 |
| in full day kindergartens,
and a session of 2 or more hours |
21 |
| may be counted as 1/2 day of attendance by
pupils in |
22 |
| kindergartens which provide only 1/2 day of attendance.
|
23 |
| (g) For children with disabilities who are below the |
24 |
| age of 6 years and
who
cannot attend 2 or more clock hours |
25 |
| because of their disability or
immaturity, a session of not |
26 |
| less than one clock hour may be counted as 1/2 day
of |
|
|
|
HB1771 |
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|
1 |
| attendance; however for such children whose educational |
2 |
| needs so require
a session of 4 or more clock hours may be |
3 |
| counted as a full day of attendance.
|
4 |
| (h) A recognized kindergarten which provides for only |
5 |
| 1/2 day of
attendance by each pupil shall not have more |
6 |
| than 1/2 day of attendance
counted in any one day. However, |
7 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 |
8 |
| consecutive school days. When a pupil attends such a
|
9 |
| kindergarten for 2 half days on any one school day, the |
10 |
| pupil shall have
the following day as a day absent from |
11 |
| school, unless the school district
obtains permission in |
12 |
| writing from the State Superintendent of Education.
|
13 |
| Attendance at kindergartens which provide for a full day of |
14 |
| attendance by
each pupil shall be counted the same as |
15 |
| attendance by first grade pupils.
Only the first year of |
16 |
| attendance in one kindergarten shall be counted,
except in |
17 |
| case of children who entered the kindergarten in their |
18 |
| fifth year
whose educational development requires a second |
19 |
| year of kindergarten as
determined under the rules and |
20 |
| regulations of the State Board of Education.
|
21 |
| (i) On the days when the Prairie State Achievement |
22 |
| Examination is
administered under subsection (c) of |
23 |
| Section 2-3.64 of this Code, the day
of attendance for a |
24 |
| pupil whose school
day must be shortened to accommodate |
25 |
| required testing procedures may
be less than 5 clock hours |
26 |
| and shall be counted towards the 176 days of actual pupil |
|
|
|
HB1771 |
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|
1 |
| attendance required under Section 10-19 of this Code, |
2 |
| provided that a sufficient number of minutes
of school work |
3 |
| in excess of 5 clock hours are first completed on other |
4 |
| school
days to compensate for the loss of school work on |
5 |
| the examination days.
|
6 |
| (G) Equalized Assessed Valuation Data.
|
7 |
| (1) For purposes of the calculation of Available Local |
8 |
| Resources required
pursuant to subsection (D), the
State Board |
9 |
| of Education shall secure from the Department of
Revenue the |
10 |
| value as equalized or assessed by the Department of Revenue of
|
11 |
| all taxable property of every school district, together with |
12 |
| (i) the applicable
tax rate used in extending taxes for the |
13 |
| funds of the district as of
September 30 of the previous year
|
14 |
| and (ii) the limiting rate for all school
districts subject to |
15 |
| property tax extension limitations as imposed under the
|
16 |
| Property Tax Extension Limitation Law.
|
17 |
| The Department of Revenue shall add to the equalized |
18 |
| assessed value of all
taxable
property of each school district |
19 |
| situated entirely or partially within a county
that is or was |
20 |
| subject to the alternative general homestead exemption |
21 |
| provisions of Section 15-176 of the Property Tax Code (a)
an |
22 |
| amount equal to the total amount by which the
homestead |
23 |
| exemption allowed under Section 15-176 of the Property Tax Code |
24 |
| for
real
property situated in that school district exceeds the |
25 |
| total amount that would
have been
allowed in that school |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
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|
1 |
| district if the maximum reduction under Section 15-176
was
(i) |
2 |
| $4,500 in Cook County or $3,500 in all other counties in tax |
3 |
| year 2003 or (ii) $5,000 in all counties in tax year 2004 and |
4 |
| thereafter and (b) an amount equal to the aggregate amount for |
5 |
| the taxable year of all additional exemptions under Section |
6 |
| 15-175 of the Property Tax Code for owners with a household |
7 |
| income of $30,000 or less. The county clerk of any county that |
8 |
| is or was subject to the alternative general homestead |
9 |
| exemption provisions of Section 15-176 of the Property Tax Code |
10 |
| shall
annually calculate and certify to the Department of |
11 |
| Revenue for each school
district all
homestead exemption |
12 |
| amounts under Section 15-176 of the Property Tax Code and all |
13 |
| amounts of additional exemptions under Section 15-175 of the |
14 |
| Property Tax Code for owners with a household income of $30,000 |
15 |
| or less. It is the intent of this paragraph that if the general |
16 |
| homestead exemption for a parcel of property is determined |
17 |
| under Section 15-176 of the Property Tax Code rather than |
18 |
| Section 15-175, then the calculation of Available Local |
19 |
| Resources shall not be affected by the difference, if any, |
20 |
| between the amount of the general homestead exemption allowed |
21 |
| for that parcel of property under Section 15-176 of the |
22 |
| Property Tax Code and the amount that would have been allowed |
23 |
| had the general homestead exemption for that parcel of property |
24 |
| been determined under Section 15-175 of the Property Tax Code. |
25 |
| It is further the intent of this paragraph that if additional |
26 |
| exemptions are allowed under Section 15-175 of the Property Tax |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
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|
1 |
| Code for owners with a household income of less than $30,000, |
2 |
| then the calculation of Available Local Resources shall not be |
3 |
| affected by the difference, if any, because of those additional |
4 |
| exemptions.
|
5 |
| This equalized assessed valuation, as adjusted further by |
6 |
| the requirements of
this subsection, shall be utilized in the |
7 |
| calculation of Available Local
Resources.
|
8 |
| (2) The equalized assessed valuation in paragraph (1) shall |
9 |
| be adjusted, as
applicable, in the following manner:
|
10 |
| (a) For the purposes of calculating State aid under |
11 |
| this Section,
with respect to any part of a school district |
12 |
| within a redevelopment
project area in respect to which a |
13 |
| municipality has adopted tax
increment allocation |
14 |
| financing pursuant to the Tax Increment Allocation
|
15 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
16 |
| of the Illinois
Municipal Code or the Industrial Jobs |
17 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
18 |
| Illinois Municipal Code, no part of the current equalized
|
19 |
| assessed valuation of real property located in any such |
20 |
| project area which is
attributable to an increase above the |
21 |
| total initial equalized assessed
valuation of such |
22 |
| property shall be used as part of the equalized assessed
|
23 |
| valuation of the district, until such time as all
|
24 |
| redevelopment project costs have been paid, as provided in |
25 |
| Section 11-74.4-8
of the Tax Increment Allocation |
26 |
| Redevelopment Act or in Section 11-74.6-35 of
the |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| Industrial Jobs Recovery Law. For the purpose of
the |
2 |
| equalized assessed valuation of the
district, the total |
3 |
| initial equalized assessed valuation or the current
|
4 |
| equalized assessed valuation, whichever is lower, shall be |
5 |
| used until
such time as all redevelopment project costs |
6 |
| have been paid.
|
7 |
| (b) The real property equalized assessed valuation for |
8 |
| a school district
shall be adjusted by subtracting from the |
9 |
| real property
value as equalized or assessed by the |
10 |
| Department of Revenue for the
district an amount computed |
11 |
| by dividing the amount of any abatement of
taxes under |
12 |
| Section 18-170 of the Property Tax Code by 3.00% for a |
13 |
| district
maintaining grades kindergarten through 12, by |
14 |
| 2.30% for a district
maintaining grades kindergarten |
15 |
| through 8, or by 1.05% for a
district
maintaining grades 9 |
16 |
| through 12 and adjusted by an amount computed by dividing
|
17 |
| the amount of any abatement of taxes under subsection (a) |
18 |
| of Section 18-165 of
the Property Tax Code by the same |
19 |
| percentage rates for district type as
specified in this |
20 |
| subparagraph (b).
|
21 |
| (3) For the 1999-2000 school year and each school year |
22 |
| thereafter, if a
school district meets all of the criteria of |
23 |
| this subsection (G)(3), the school
district's Available Local |
24 |
| Resources shall be calculated under subsection (D)
using the |
25 |
| district's Extension Limitation Equalized Assessed Valuation |
26 |
| as
calculated under this
subsection (G)(3).
|
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| For purposes of this subsection (G)(3) the following terms |
2 |
| shall have
the following meanings:
|
3 |
| "Budget Year": The school year for which general State |
4 |
| aid is calculated
and
awarded under subsection (E).
|
5 |
| "Base Tax Year": The property tax levy year used to |
6 |
| calculate the Budget
Year
allocation of general State aid.
|
7 |
| "Preceding Tax Year": The property tax levy year |
8 |
| immediately preceding the
Base Tax Year.
|
9 |
| "Base Tax Year's Tax Extension": The product of the |
10 |
| equalized assessed
valuation utilized by the County Clerk |
11 |
| in the Base Tax Year multiplied by the
limiting rate as |
12 |
| calculated by the County Clerk and defined in the Property |
13 |
| Tax
Extension Limitation Law.
|
14 |
| "Preceding Tax Year's Tax Extension": The product of |
15 |
| the equalized assessed
valuation utilized by the County |
16 |
| Clerk in the Preceding Tax Year multiplied by
the Operating |
17 |
| Tax Rate as defined in subsection (A).
|
18 |
| "Extension Limitation Ratio": A numerical ratio, |
19 |
| certified by the
County Clerk, in which the numerator is |
20 |
| the Base Tax Year's Tax
Extension and the denominator is |
21 |
| the Preceding Tax Year's Tax Extension.
|
22 |
| "Operating Tax Rate": The operating tax rate as defined |
23 |
| in subsection (A).
|
24 |
| If a school district is subject to property tax extension |
25 |
| limitations as
imposed under
the Property Tax Extension |
26 |
| Limitation Law, the State Board of Education shall
calculate |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| the Extension
Limitation
Equalized Assessed Valuation of that |
2 |
| district. For the 1999-2000 school
year, the
Extension |
3 |
| Limitation Equalized Assessed Valuation of a school district as
|
4 |
| calculated by the State Board of Education shall be equal to |
5 |
| the product of the
district's 1996 Equalized Assessed Valuation |
6 |
| and the district's Extension
Limitation Ratio. For the |
7 |
| 2000-2001 school year and each school year
thereafter,
the |
8 |
| Extension Limitation Equalized Assessed Valuation of a school |
9 |
| district as
calculated by the State Board of Education shall be |
10 |
| equal to the product of
the Equalized Assessed Valuation last |
11 |
| used in the calculation of general State
aid and the
district's |
12 |
| Extension Limitation Ratio. If the Extension Limitation
|
13 |
| Equalized
Assessed Valuation of a school district as calculated |
14 |
| under
this subsection (G)(3) is less than the district's |
15 |
| equalized assessed valuation
as calculated pursuant to |
16 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating |
17 |
| the district's general State aid for the Budget Year pursuant |
18 |
| to
subsection (E), that Extension
Limitation Equalized |
19 |
| Assessed Valuation shall be utilized to calculate the
|
20 |
| district's Available Local Resources
under subsection (D).
|
21 |
| Partial elementary unit districts created in accordance |
22 |
| with Article 11E of this Code shall not be eligible for the |
23 |
| adjustment in this subsection (G)(3) until the fifth year |
24 |
| following the effective date of the reorganization.
|
25 |
| (4) For the purposes of calculating general State aid for |
26 |
| the 1999-2000
school year only, if a school district |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| experienced a triennial reassessment on
the equalized assessed |
2 |
| valuation used in calculating its general State
financial aid |
3 |
| apportionment for the 1998-1999 school year, the State Board of
|
4 |
| Education shall calculate the Extension Limitation Equalized |
5 |
| Assessed Valuation
that would have been used to calculate the |
6 |
| district's 1998-1999 general State
aid. This amount shall equal |
7 |
| the product of the equalized assessed valuation
used to
|
8 |
| calculate general State aid for the 1997-1998 school year and |
9 |
| the district's
Extension Limitation Ratio. If the Extension |
10 |
| Limitation Equalized Assessed
Valuation of the school district |
11 |
| as calculated under this paragraph (4) is
less than the |
12 |
| district's equalized assessed valuation utilized in |
13 |
| calculating
the
district's 1998-1999 general State aid |
14 |
| allocation, then for purposes of
calculating the district's |
15 |
| general State aid pursuant to paragraph (5) of
subsection (E),
|
16 |
| that Extension Limitation Equalized Assessed Valuation shall |
17 |
| be utilized to
calculate the district's Available Local |
18 |
| Resources.
|
19 |
| (5) For school districts having a majority of their |
20 |
| equalized assessed
valuation in any county except Cook, DuPage, |
21 |
| Kane, Lake, McHenry, or Will, if
the amount of general State |
22 |
| aid allocated to the school district for the
1999-2000 school |
23 |
| year under the provisions of subsection (E), (H), and (J) of
|
24 |
| this Section is less than the amount of general State aid |
25 |
| allocated to the
district for the 1998-1999 school year under |
26 |
| these subsections, then the
general
State aid of the district |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| for the 1999-2000 school year only shall be increased
by the |
2 |
| difference between these amounts. The total payments made under |
3 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall |
4 |
| be prorated if they
exceed $14,000,000.
|
5 |
| (H) Supplemental General State Aid.
|
6 |
| (1) In addition to the general State aid a school district |
7 |
| is allotted
pursuant to subsection (E), qualifying school |
8 |
| districts shall receive a grant,
paid in conjunction with a |
9 |
| district's payments of general State aid, for
supplemental |
10 |
| general State aid based upon the concentration level of |
11 |
| children
from low-income households within the school |
12 |
| district.
Supplemental State aid grants provided for school |
13 |
| districts under this
subsection shall be appropriated for |
14 |
| distribution to school districts as part
of the same line item |
15 |
| in which the general State financial aid of school
districts is |
16 |
| appropriated under this Section.
If the appropriation in any |
17 |
| fiscal year for general State aid and
supplemental general |
18 |
| State aid is insufficient to pay the amounts required
under the |
19 |
| general State aid and supplemental general State aid |
20 |
| calculations,
then the
State Board of Education shall ensure |
21 |
| that
each school district receives the full amount due for |
22 |
| general State aid
and the remainder of the appropriation shall |
23 |
| be used
for supplemental general State aid, which the State |
24 |
| Board of Education shall
calculate and pay to eligible |
25 |
| districts on a prorated basis.
|
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| (1.5) This paragraph (1.5) applies only to those school |
2 |
| years
preceding the 2003-2004 school year.
For purposes of this
|
3 |
| subsection (H), the term "Low-Income Concentration Level" |
4 |
| shall be the
low-income
eligible pupil count from the most |
5 |
| recently available federal census divided by
the Average Daily |
6 |
| Attendance of the school district.
If, however, (i) the |
7 |
| percentage decrease from the 2 most recent federal
censuses
in |
8 |
| the low-income eligible pupil count of a high school district |
9 |
| with fewer
than 400 students exceeds by 75% or more the |
10 |
| percentage change in the total
low-income eligible pupil count |
11 |
| of contiguous elementary school districts,
whose boundaries |
12 |
| are coterminous with the high school district,
or (ii) a high |
13 |
| school district within 2 counties and serving 5 elementary
|
14 |
| school
districts, whose boundaries are coterminous with the |
15 |
| high school
district, has a percentage decrease from the 2 most |
16 |
| recent federal
censuses in the low-income eligible pupil count |
17 |
| and there is a percentage
increase in the total low-income |
18 |
| eligible pupil count of a majority of the
elementary school |
19 |
| districts in excess of 50% from the 2 most recent
federal |
20 |
| censuses, then
the
high school district's low-income eligible |
21 |
| pupil count from the earlier federal
census
shall be the number |
22 |
| used as the low-income eligible pupil count for the high
school |
23 |
| district, for purposes of this subsection (H).
The changes made |
24 |
| to this paragraph (1) by Public Act 92-28 shall apply to
|
25 |
| supplemental general State aid
grants for school years |
26 |
| preceding the 2003-2004 school year that are paid
in fiscal |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| year 1999 or thereafter
and to
any State aid payments made in |
2 |
| fiscal year 1994 through fiscal year
1998 pursuant to |
3 |
| subsection 1(n) of Section 18-8 of this Code (which was
|
4 |
| repealed on July 1, 1998), and any high school district that is |
5 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of |
6 |
| its supplemental general State aid grant or State aid
paid in |
7 |
| any of those fiscal years. This recomputation shall not be
|
8 |
| affected by any other funding.
|
9 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 |
10 |
| school year
and each school year thereafter. For purposes of |
11 |
| this subsection (H), the
term "Low-Income Concentration Level" |
12 |
| shall, for each fiscal year, be the
low-income eligible
pupil |
13 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
14 |
| determined by the Department of Human Services based
on the |
15 |
| number of pupils
who are eligible for at least one of the |
16 |
| following
low income programs: Medicaid, KidCare, TANF, or Food |
17 |
| Stamps,
excluding pupils who are eligible for services provided |
18 |
| by the Department
of Children and Family Services,
averaged |
19 |
| over
the 2 immediately preceding fiscal years for fiscal year |
20 |
| 2004 and over the 3
immediately preceding fiscal years for each |
21 |
| fiscal year thereafter)
divided by the Average Daily Attendance |
22 |
| of the school district.
|
23 |
| (2) Supplemental general State aid pursuant to this |
24 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
25 |
| 1999-2000, and 2000-2001 school years
only:
|
26 |
| (a) For any school district with a Low Income |
|
|
|
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1 |
| Concentration Level of at
least 20% and less than 35%, the |
2 |
| grant for any school year
shall be $800
multiplied by the |
3 |
| low income eligible pupil count.
|
4 |
| (b) For any school district with a Low Income |
5 |
| Concentration Level of at
least 35% and less than 50%, the |
6 |
| grant for the 1998-1999 school year shall be
$1,100 |
7 |
| multiplied by the low income eligible pupil count.
|
8 |
| (c) For any school district with a Low Income |
9 |
| Concentration Level of at
least 50% and less than 60%, the |
10 |
| grant for the 1998-99 school year shall be
$1,500 |
11 |
| multiplied by the low income eligible pupil count.
|
12 |
| (d) For any school district with a Low Income |
13 |
| Concentration Level of 60%
or more, the grant for the |
14 |
| 1998-99 school year shall be $1,900 multiplied by
the low |
15 |
| income eligible pupil count.
|
16 |
| (e) For the 1999-2000 school year, the per pupil amount |
17 |
| specified in
subparagraphs (b), (c), and (d) immediately |
18 |
| above shall be increased to $1,243,
$1,600, and $2,000, |
19 |
| respectively.
|
20 |
| (f) For the 2000-2001 school year, the per pupil |
21 |
| amounts specified in
subparagraphs (b), (c), and (d) |
22 |
| immediately above shall be
$1,273, $1,640, and $2,050, |
23 |
| respectively.
|
24 |
| (2.5) Supplemental general State aid pursuant to this |
25 |
| subsection (H)
shall be provided as follows for the 2002-2003 |
26 |
| school year:
|
|
|
|
HB1771 |
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|
1 |
| (a) For any school district with a Low Income |
2 |
| Concentration Level of less
than 10%, 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 of at least 10% and less than 20%, the |
7 |
| grant for each school year shall
be $675
multiplied by the |
8 |
| low income eligible pupil
count.
|
9 |
| (c) For any school district with a Low Income |
10 |
| Concentration
Level of at least 20% and less than 35%, the |
11 |
| grant for each school year shall
be $1,330
multiplied by |
12 |
| the low income eligible pupil
count.
|
13 |
| (d) For any school district with a Low Income |
14 |
| Concentration
Level of at least 35% and less than 50%, the |
15 |
| grant for each school year shall
be $1,362
multiplied by |
16 |
| the low income eligible pupil
count.
|
17 |
| (e) For any school district with a Low Income |
18 |
| Concentration
Level of at least 50% and less than 60%, the |
19 |
| grant for each school year shall
be $1,680
multiplied by |
20 |
| the low income eligible pupil
count.
|
21 |
| (f) For any school district with a Low Income |
22 |
| Concentration
Level of 60% or more, the grant for each |
23 |
| school year shall be $2,080
multiplied by the low income |
24 |
| eligible pupil count.
|
25 |
| (2.10) Except as otherwise provided, supplemental general |
26 |
| State aid
pursuant to this subsection
(H) shall be provided as |
|
|
|
HB1771 |
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|
1 |
| follows for the 2003-2004 school year and each
school year |
2 |
| thereafter:
|
3 |
| (a) For any school district with a Low Income |
4 |
| Concentration
Level of 15% or less, the grant for each |
5 |
| school year
shall be $355 multiplied by the low income |
6 |
| eligible pupil count.
|
7 |
| (b) For any school district with a Low Income |
8 |
| Concentration
Level greater than 15%, the grant for each |
9 |
| school year shall be
$294.25 added to the product of $2,700 |
10 |
| and the square of the Low
Income Concentration Level, all |
11 |
| multiplied by the low income
eligible pupil count.
|
12 |
| For the 2003-2004 school year, 2004-2005 school year,
|
13 |
| 2005-2006 school year, and 2006-2007 school year only, the |
14 |
| grant shall be no less than the
grant
for
the 2002-2003 school |
15 |
| year. For the 2007-2008 school year only, the grant shall
be no
|
16 |
| less than the grant for the 2002-2003 school year multiplied by |
17 |
| 0.66. For the
2008-2009
school year only, the grant shall be no |
18 |
| less than the grant for the 2002-2003
school year
multiplied by |
19 |
| 0.33. Notwithstanding the provisions of this paragraph to the |
20 |
| contrary, if for any school year supplemental general State aid |
21 |
| grants are prorated as provided in paragraph (1) of this |
22 |
| subsection (H), then the grants under this paragraph shall be |
23 |
| prorated.
|
24 |
| For the 2003-2004 school year only, the grant shall be no |
25 |
| greater
than the grant received during the 2002-2003 school |
26 |
| year added to the
product of 0.25 multiplied by the difference |
|
|
|
HB1771 |
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|
1 |
| between the grant amount
calculated under subsection (a) or (b) |
2 |
| of this paragraph (2.10), whichever
is applicable, and the |
3 |
| grant received during the 2002-2003 school year.
For the |
4 |
| 2004-2005 school year only, the grant shall be no greater than
|
5 |
| the grant received during the 2002-2003 school year added to |
6 |
| the
product of 0.50 multiplied by the difference between the |
7 |
| grant amount
calculated under subsection (a) or (b) of this |
8 |
| paragraph (2.10), whichever
is applicable, and the grant |
9 |
| received during the 2002-2003 school year.
For the 2005-2006 |
10 |
| school year only, the grant shall be no greater than
the grant |
11 |
| received during the 2002-2003 school year added to the
product |
12 |
| of 0.75 multiplied by the difference between the grant amount
|
13 |
| calculated under subsection (a) or (b) of this paragraph |
14 |
| (2.10), whichever
is applicable, and the grant received during |
15 |
| the 2002-2003
school year.
|
16 |
| (3) School districts with an Average Daily Attendance of |
17 |
| more than 1,000
and less than 50,000 that qualify for |
18 |
| supplemental general State aid pursuant
to this subsection |
19 |
| shall submit a plan to the State Board of Education prior to
|
20 |
| October 30 of each year for the use of the funds resulting from |
21 |
| this grant of
supplemental general State aid for the |
22 |
| improvement of
instruction in which priority is given to |
23 |
| meeting the education needs of
disadvantaged children. Such |
24 |
| plan shall be submitted in accordance with
rules and |
25 |
| regulations promulgated by the State Board of Education.
|
26 |
| (4) School districts with an Average Daily Attendance of |
|
|
|
HB1771 |
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|
1 |
| 50,000 or more
that qualify for supplemental general State aid |
2 |
| pursuant to this subsection
shall be required to distribute |
3 |
| from funds available pursuant to this Section,
no less than |
4 |
| $261,000,000 in accordance with the following requirements:
|
5 |
| (a) The required amounts shall be distributed to the |
6 |
| attendance centers
within the district in proportion to the |
7 |
| number of pupils enrolled at each
attendance center who are |
8 |
| eligible to receive free or reduced-price lunches or
|
9 |
| breakfasts under the federal Child Nutrition Act of 1966 |
10 |
| and under the National
School Lunch Act during the |
11 |
| immediately preceding school year.
|
12 |
| (b) The distribution of these portions of supplemental |
13 |
| and general State
aid among attendance centers according to |
14 |
| these requirements shall not be
compensated for or |
15 |
| contravened by adjustments of the total of other funds
|
16 |
| appropriated to any attendance centers, and the Board of |
17 |
| Education shall
utilize funding from one or several sources |
18 |
| in order to fully implement this
provision annually prior |
19 |
| to the opening of school.
|
20 |
| (c) Each attendance center shall be provided by the
|
21 |
| school district a distribution of noncategorical funds and |
22 |
| other
categorical funds to which an attendance center is |
23 |
| entitled under law in
order that the general State aid and |
24 |
| supplemental general State aid provided
by application of |
25 |
| this subsection supplements rather than supplants the
|
26 |
| noncategorical funds and other categorical funds provided |
|
|
|
HB1771 |
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|
1 |
| by the school
district to the attendance centers.
|
2 |
| (d) Any funds made available under this subsection that |
3 |
| by reason of the
provisions of this subsection are not
|
4 |
| required to be allocated and provided to attendance centers |
5 |
| may be used and
appropriated by the board of the district |
6 |
| for any lawful school purpose.
|
7 |
| (e) Funds received by an attendance center
pursuant to |
8 |
| this
subsection shall be used
by the attendance center at |
9 |
| the discretion
of the principal and local school council |
10 |
| for programs to improve educational
opportunities at |
11 |
| qualifying schools through the following programs and
|
12 |
| services: early childhood education, reduced class size or |
13 |
| improved adult to
student classroom ratio, enrichment |
14 |
| programs, remedial assistance, attendance
improvement, and |
15 |
| other educationally beneficial expenditures which
|
16 |
| supplement
the regular and basic programs as determined by |
17 |
| the State Board of Education.
Funds provided shall not be |
18 |
| expended for any political or lobbying purposes
as defined |
19 |
| by board rule.
|
20 |
| (f) Each district subject to the provisions of this |
21 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet |
22 |
| the educational needs of disadvantaged children, in
|
23 |
| compliance with the requirements of this paragraph, to the |
24 |
| State Board of
Education prior to July 15 of each year. |
25 |
| This plan shall be consistent with the
decisions of local |
26 |
| school councils concerning the school expenditure plans
|
|
|
|
HB1771 |
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|
1 |
| developed in accordance with part 4 of Section 34-2.3. The |
2 |
| State Board shall
approve or reject the plan within 60 days |
3 |
| after its submission. If the plan is
rejected, the district |
4 |
| shall give written notice of intent to modify the plan
|
5 |
| within 15 days of the notification of rejection and then |
6 |
| submit a modified plan
within 30 days after the date of the |
7 |
| written notice of intent to modify.
Districts may amend |
8 |
| approved plans pursuant to rules promulgated by the State
|
9 |
| Board of Education.
|
10 |
| Upon notification by the State Board of Education that |
11 |
| the district has
not submitted a plan prior to July 15 or a |
12 |
| modified plan within the time
period specified herein, the
|
13 |
| State aid funds affected by that plan or modified plan |
14 |
| shall be withheld by the
State Board of Education until a |
15 |
| plan or modified plan is submitted.
|
16 |
| If the district fails to distribute State aid to |
17 |
| attendance centers in
accordance with an approved plan, the |
18 |
| plan for the following year shall
allocate funds, in |
19 |
| addition to the funds otherwise required by this
|
20 |
| subsection, to those attendance centers which were |
21 |
| underfunded during the
previous year in amounts equal to |
22 |
| such underfunding.
|
23 |
| For purposes of determining compliance with this |
24 |
| subsection in relation
to the requirements of attendance |
25 |
| center funding, each district subject to the
provisions of |
26 |
| this
subsection shall submit as a separate document by |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
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|
1 |
| December 1 of each year a
report of expenditure data for |
2 |
| the prior year in addition to any
modification of its |
3 |
| current plan. If it is determined that there has been
a |
4 |
| failure to comply with the expenditure provisions of this |
5 |
| subsection
regarding contravention or supplanting, the |
6 |
| State Superintendent of
Education shall, within 60 days of |
7 |
| receipt of the report, notify the
district and any affected |
8 |
| local school council. The district shall within
45 days of |
9 |
| receipt of that notification inform the State |
10 |
| Superintendent of
Education of the remedial or corrective |
11 |
| action to be taken, whether by
amendment of the current |
12 |
| plan, if feasible, or by adjustment in the plan
for the |
13 |
| following year. Failure to provide the expenditure report |
14 |
| or the
notification of remedial or corrective action in a |
15 |
| timely manner shall
result in a withholding of the affected |
16 |
| funds.
|
17 |
| The State Board of Education shall promulgate rules and |
18 |
| regulations
to implement the provisions of this |
19 |
| subsection. No funds shall be released
under this |
20 |
| subdivision (H)(4) to any district that has not submitted a |
21 |
| plan
that has been approved by the State Board of |
22 |
| Education.
|
23 |
| (I) (Blank).
|
24 |
| (J) Supplementary Grants in Aid.
|
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
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|
1 |
| (1) Notwithstanding any other provisions of this Section, |
2 |
| the amount of the
aggregate general State aid in combination |
3 |
| with supplemental general State aid
under this Section for |
4 |
| which
each school district is eligible shall be no
less than |
5 |
| the amount of the aggregate general State aid entitlement that |
6 |
| was
received by the district under Section
18-8 (exclusive of |
7 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
8 |
| Section)
for the 1997-98 school year,
pursuant to the |
9 |
| provisions of that Section as it was then in effect.
If a |
10 |
| school district qualifies to receive a supplementary payment |
11 |
| made under
this subsection (J), the amount
of the aggregate |
12 |
| general State aid in combination with supplemental general
|
13 |
| State aid under this Section
which that district is eligible to |
14 |
| receive for each school year shall be no less than the amount |
15 |
| of the aggregate
general State aid entitlement that was |
16 |
| received by the district under
Section 18-8 (exclusive of |
17 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
18 |
| Section)
for the 1997-1998 school year, pursuant to the |
19 |
| provisions of that
Section as it was then in effect.
|
20 |
| (2) If, as provided in paragraph (1) of this subsection |
21 |
| (J), a school
district is to receive aggregate general State |
22 |
| aid in
combination with supplemental general State aid under |
23 |
| this Section for the 1998-99 school year and any subsequent |
24 |
| school
year that in any such school year is less than the |
25 |
| amount of the aggregate
general
State
aid entitlement that the |
26 |
| district received for the 1997-98 school year, the
school |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| district shall also receive, from a separate appropriation made |
2 |
| for
purposes of this subsection (J), a supplementary payment |
3 |
| that is equal to the
amount of the difference in the aggregate |
4 |
| State aid figures as described in
paragraph (1).
|
5 |
| (3) (Blank).
|
6 |
| (K) Grants to Laboratory and Alternative Schools.
|
7 |
| In calculating the amount to be paid to the governing board |
8 |
| of a public
university that operates a laboratory school under |
9 |
| this Section or to any
alternative school that is operated by a |
10 |
| regional superintendent of schools,
the State
Board of |
11 |
| Education shall require by rule such reporting requirements as |
12 |
| it
deems necessary.
|
13 |
| As used in this Section, "laboratory school" means a public |
14 |
| school which is
created and operated by a public university and |
15 |
| approved by the State Board of
Education. The governing board |
16 |
| of a public university which receives funds
from the State |
17 |
| Board under this subsection (K) may not increase the number of
|
18 |
| students enrolled in its laboratory
school from a single |
19 |
| district, if that district is already sending 50 or more
|
20 |
| students, except under a mutual agreement between the school |
21 |
| board of a
student's district of residence and the university |
22 |
| which operates the
laboratory school. A laboratory school may |
23 |
| not have more than 1,000 students,
excluding students with |
24 |
| disabilities in a special education program.
|
25 |
| As used in this Section, "alternative school" means a |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| public school which is
created and operated by a Regional |
2 |
| Superintendent of Schools and approved by
the State Board of |
3 |
| Education. Such alternative schools may offer courses of
|
4 |
| instruction for which credit is given in regular school |
5 |
| programs, courses to
prepare students for the high school |
6 |
| equivalency testing program or vocational
and occupational |
7 |
| training. A regional superintendent of schools may contract
|
8 |
| with a school district or a public community college district |
9 |
| to operate an
alternative school. An alternative school serving |
10 |
| more than one educational
service region may be established by |
11 |
| the regional superintendents of schools
of the affected |
12 |
| educational service regions. An alternative school
serving |
13 |
| more than one educational service region may be operated under |
14 |
| such
terms as the regional superintendents of schools of those |
15 |
| educational service
regions may agree.
|
16 |
| Each laboratory and alternative school shall file, on forms |
17 |
| provided by the
State Superintendent of Education, an annual |
18 |
| State aid claim which states the
Average Daily Attendance of |
19 |
| the school's students by month. The best 3 months'
Average |
20 |
| Daily Attendance shall be computed for each school.
The general |
21 |
| State aid entitlement shall be computed by multiplying the
|
22 |
| applicable Average Daily Attendance by the Foundation Level as |
23 |
| determined under
this Section.
|
24 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
|
25 |
| (1) For a school district operating under the financial |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| supervision
of an Authority created under Article 34A, the |
2 |
| general State aid otherwise
payable to that district under this |
3 |
| Section, but not the supplemental general
State aid, shall be |
4 |
| reduced by an amount equal to the budget for
the operations of |
5 |
| the Authority as certified by the Authority to the State
Board |
6 |
| of Education, and an amount equal to such reduction shall be |
7 |
| paid
to the Authority created for such district for its |
8 |
| operating expenses in
the manner provided in Section 18-11. The |
9 |
| remainder
of general State school aid for any such district |
10 |
| shall be paid in accordance
with Article 34A when that Article |
11 |
| provides for a disposition other than that
provided by this |
12 |
| Article.
|
13 |
| (2) (Blank).
|
14 |
| (3) Summer school. Summer school payments shall be made as |
15 |
| provided in
Section 18-4.3.
|
16 |
| (M) Education Funding Advisory Board.
|
17 |
| The Education Funding Advisory
Board, hereinafter in this |
18 |
| subsection (M) referred to as the "Board", is hereby
created. |
19 |
| The Board
shall consist of 5 members who are appointed by the |
20 |
| Governor, by and with the
advice and consent of the Senate. The |
21 |
| members appointed shall include
representatives of education, |
22 |
| business, and the general public. One of the
members so |
23 |
| appointed shall be
designated by the Governor at the time the |
24 |
| appointment is made as the
chairperson of the
Board.
The |
25 |
| initial members of the Board may
be appointed any time after |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| the effective date of this amendatory Act of
1997. The regular |
2 |
| term of each member of the
Board shall be for 4 years from the |
3 |
| third Monday of January of the
year in which the term of the |
4 |
| member's appointment is to commence, except that
of the 5 |
5 |
| initial members appointed to serve on the
Board, the member who |
6 |
| is appointed as the chairperson shall serve for
a term that |
7 |
| commences on the date of his or her appointment and expires on |
8 |
| the
third Monday of January, 2002, and the remaining 4 members, |
9 |
| by lots drawn at
the first meeting of the Board that is
held
|
10 |
| after all 5 members are appointed, shall determine 2 of their |
11 |
| number to serve
for terms that commence on the date of their
|
12 |
| respective appointments and expire on the third
Monday of |
13 |
| January, 2001,
and 2 of their number to serve for terms that |
14 |
| commence
on the date of their respective appointments and |
15 |
| expire on the third Monday
of January, 2000. All members |
16 |
| appointed to serve on the
Board shall serve until their |
17 |
| respective successors are
appointed and confirmed. Vacancies |
18 |
| shall be filled in the same manner as
original appointments. If |
19 |
| a vacancy in membership occurs at a time when the
Senate is not |
20 |
| in session, the Governor shall make a temporary appointment |
21 |
| until
the next meeting of the Senate, when he or she shall |
22 |
| appoint, by and with the
advice and consent of the Senate, a |
23 |
| person to fill that membership for the
unexpired term. If the |
24 |
| Senate is not in session when the initial appointments
are |
25 |
| made, those appointments shall
be made as in the case of |
26 |
| vacancies.
|
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| The Education Funding Advisory Board shall be deemed |
2 |
| established,
and the initial
members appointed by the Governor |
3 |
| to serve as members of the
Board shall take office,
on the date |
4 |
| that the
Governor makes his or her appointment of the fifth |
5 |
| initial member of the
Board, whether those initial members are |
6 |
| then serving
pursuant to appointment and confirmation or |
7 |
| pursuant to temporary appointments
that are made by the |
8 |
| Governor as in the case of vacancies.
|
9 |
| The State Board of Education shall provide such staff |
10 |
| assistance to the
Education Funding Advisory Board as is |
11 |
| reasonably required for the proper
performance by the Board of |
12 |
| its responsibilities.
|
13 |
| For school years after the 2000-2001 school year, the |
14 |
| Education
Funding Advisory Board, in consultation with the |
15 |
| State Board of Education,
shall make recommendations as |
16 |
| provided in this subsection (M) to the General
Assembly for the |
17 |
| foundation level under subdivision (B)(3) of this Section and
|
18 |
| for the
supplemental general State aid grant level under |
19 |
| subsection (H) of this Section
for districts with high |
20 |
| concentrations of children from poverty. The
recommended |
21 |
| foundation level shall be determined based on a methodology |
22 |
| which
incorporates the basic education expenditures of |
23 |
| low-spending schools
exhibiting high academic performance. The |
24 |
| Education Funding Advisory Board
shall make such |
25 |
| recommendations to the General Assembly on January 1 of odd
|
26 |
| numbered years, beginning January 1, 2001.
|
|
|
|
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|
1 |
| (N) (Blank).
|
2 |
| (O) References.
|
3 |
| (1) References in other laws to the various subdivisions of
|
4 |
| Section 18-8 as that Section existed before its repeal and |
5 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
6 |
| the corresponding provisions of
this Section 18-8.05, to the |
7 |
| extent that those references remain applicable.
|
8 |
| (2) References in other laws to State Chapter 1 funds shall |
9 |
| be deemed to
refer to the supplemental general State aid |
10 |
| provided under subsection (H) of
this Section.
|
11 |
| (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
12 |
| changes to this Section. Under Section 6 of the Statute on |
13 |
| Statutes there is an irreconcilable conflict between Public Act |
14 |
| 93-808 and Public Act 93-838. Public Act 93-838, being the last |
15 |
| acted upon, is controlling. The text of Public Act 93-838 is |
16 |
| the law regardless of the text of Public Act 93-808. |
17 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, |
18 |
| eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, |
19 |
| eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019, |
20 |
| eff. 7-10-06; revised 8-3-06.)
|
21 |
| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
|
22 |
| Sec. 26-1. Compulsory school age-Exemptions. Whoever has |
|
|
|
HB1771 |
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|
1 |
| custody or control of any child between the ages of 7 and 17
|
2 |
| years (unless the child has already graduated from high school)
|
3 |
| shall cause such child to attend some public school in the |
4 |
| district
wherein the child resides the entire time it is in |
5 |
| session during the
regular school term , except as provided in |
6 |
| Section 10-19.1, and during a
required summer school program |
7 |
| established under Section 10-22.33B; provided,
that
the |
8 |
| following children shall not be required to attend the public |
9 |
| schools:
|
10 |
| 1. Any child attending a private or a parochial school |
11 |
| where children
are taught the branches of education taught |
12 |
| to children of corresponding
age and grade in the public |
13 |
| schools, and where the instruction of the child
in the |
14 |
| branches of education is in the English language;
|
15 |
| 2. Any child who is physically or mentally unable to |
16 |
| attend school, such
disability being certified to the |
17 |
| county or district truant officer by a
competent physician |
18 |
| licensed in Illinois to practice medicine and surgery in |
19 |
| all its branches, an advanced practice nurse who has a |
20 |
| written collaborative agreement with a collaborating |
21 |
| physician that authorizes the advanced practice nurse to |
22 |
| perform health examinations, a physician assistant who has |
23 |
| been delegated the authority to perform health |
24 |
| examinations by his or her supervising physician, or a |
25 |
| Christian Science practitioner residing in this
State and |
26 |
| listed in the Christian Science Journal; or who is excused |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| for
temporary absence for cause by
the principal or teacher |
2 |
| of the school which the child attends; the exemptions
in |
3 |
| this paragraph (2) do not apply to any female who is |
4 |
| pregnant or the
mother of one or more children, except |
5 |
| where a female is unable to attend
school due to a |
6 |
| complication arising from her pregnancy and the existence
|
7 |
| of such complication is certified to the county or district |
8 |
| truant officer
by a competent physician;
|
9 |
| 3. Any child necessarily and lawfully employed |
10 |
| according to the
provisions of the law regulating child |
11 |
| labor may be excused from attendance
at school by the |
12 |
| county superintendent of schools or the superintendent of
|
13 |
| the public school which the child should be attending, on |
14 |
| certification of
the facts by and the recommendation of the |
15 |
| school board of the public
school district in which the |
16 |
| child resides. In districts having part time
continuation |
17 |
| schools, children so excused shall attend such schools at
|
18 |
| least 8 hours each week;
|
19 |
| 4. Any child over 12 and under 14 years of age while in |
20 |
| attendance at
confirmation classes;
|
21 |
| 5. Any child absent from a public school on a |
22 |
| particular day or days
or at a particular time of day for |
23 |
| the reason that he is unable to attend
classes or to |
24 |
| participate in any examination, study or work requirements |
25 |
| on
a particular day or days or at a particular time of day, |
26 |
| because the tenets
of his religion forbid secular activity |
|
|
|
HB1771 |
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|
1 |
| on a particular day or days or at a
particular time of day. |
2 |
| Each school board shall prescribe rules and
regulations |
3 |
| relative to absences for religious holidays including, but |
4 |
| not
limited to, a list of religious holidays on which it |
5 |
| shall be mandatory to
excuse a child; but nothing in this |
6 |
| paragraph 5 shall be construed to limit
the right of any |
7 |
| school board, at its discretion, to excuse an absence on
|
8 |
| any other day by reason of the observance of a religious |
9 |
| holiday. A school
board may require the parent or guardian |
10 |
| of a child who is to be excused
from attending school due |
11 |
| to the observance of a religious holiday to give
notice, |
12 |
| not exceeding 5 days, of the child's absence to the school
|
13 |
| principal or other school personnel. Any child excused from |
14 |
| attending
school under this paragraph 5 shall not be |
15 |
| required to submit a written
excuse for such absence after |
16 |
| returning to school; and |
17 |
| 6. Any child 16 years of age or older who (i) submits |
18 |
| to a school district evidence of necessary and lawful |
19 |
| employment pursuant to paragraph 3 of this Section and (ii) |
20 |
| is enrolled in a graduation incentives program pursuant to |
21 |
| Section 26-16 of this Code or an alternative learning |
22 |
| opportunities program established pursuant to Article 13B |
23 |
| of this Code.
|
24 |
| (Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)
|
25 |
| (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
|
|
|
|
HB1771 |
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|
1 |
| Sec. 34-2.1. Local School Councils - Composition - |
2 |
| Voter-Eligibility
- Elections - Terms.
|
3 |
| (a) A local school council shall be established for each |
4 |
| attendance
center within the school district. Each local school |
5 |
| council shall
consist of the following 11 voting members: the |
6 |
| principal of the
attendance center, 2 teachers employed and |
7 |
| assigned to perform the
majority of their employment duties at |
8 |
| the attendance center, 6 parents of
students currently enrolled |
9 |
| at the attendance center and 2 community
residents. Neither the |
10 |
| parents nor the community residents who serve as
members of the |
11 |
| local school council shall be employees of the Board of
|
12 |
| Education. In each secondary attendance center, the local |
13 |
| school council
shall consist of 12 voting members -- the 11 |
14 |
| voting members described above
and one full-time student |
15 |
| member, appointed as provided in subsection
(m) below.
In the |
16 |
| event that the chief executive officer of the Chicago School |
17 |
| Reform
Board of Trustees determines that a local school council |
18 |
| is not carrying out
its financial duties effectively, the chief |
19 |
| executive officer is authorized to
appoint a representative of |
20 |
| the business community with experience in finance
and |
21 |
| management
to serve as an advisor to the local school council |
22 |
| for
the purpose of providing advice and assistance to the local |
23 |
| school council on
fiscal matters.
The advisor shall have access |
24 |
| to relevant financial records of the
local school council. The |
25 |
| advisor may attend executive sessions.
The chief executive |
26 |
| officer shall
issue a written policy defining the circumstances |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| under which a local school
council is not carrying out its |
2 |
| financial duties effectively.
|
3 |
| (b) Within 7 days of January 11, 1991, the Mayor shall |
4 |
| appoint the
members and officers (a Chairperson who shall be a |
5 |
| parent member and a
Secretary) of each local school council who |
6 |
| shall hold their offices until
their successors shall be |
7 |
| elected and qualified. Members so appointed shall
have all the |
8 |
| powers and duties of local school councils as set forth in
this |
9 |
| amendatory Act of 1991. The Mayor's appointments shall not |
10 |
| require
approval by the City Council.
|
11 |
| The membership of each local school council shall be |
12 |
| encouraged to be
reflective of the racial and ethnic |
13 |
| composition of the student population
of the attendance center |
14 |
| served by the local school council.
|
15 |
| (c) Beginning with the 1995-1996 school year and in every |
16 |
| even-numbered
year thereafter, the Board shall set second |
17 |
| semester Parent Report Card
Pick-up Day for Local School |
18 |
| Council elections and may schedule elections at
year-round |
19 |
| schools for the same dates as the remainder of the school |
20 |
| system .
Elections shall be
conducted as provided herein by the |
21 |
| Board of Education in consultation with
the local school |
22 |
| council at each attendance center.
|
23 |
| (d) Beginning with the 1995-96 school year, the following
|
24 |
| procedures shall apply to the election of local school council |
25 |
| members at each
attendance center:
|
26 |
| (i) The elected members of each local school council |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| shall consist of
the 6 parent members and the 2 community |
2 |
| resident members.
|
3 |
| (ii) Each elected member shall be elected by the |
4 |
| eligible voters of
that attendance center to serve for a |
5 |
| two-year term
commencing on July 1
immediately following |
6 |
| the election described in subsection
(c). Eligible
voters |
7 |
| for each attendance center shall consist of the parents and |
8 |
| community
residents for that attendance center.
|
9 |
| (iii) Each eligible voter shall be entitled
to cast one |
10 |
| vote for up to
a total of 5 candidates, irrespective of |
11 |
| whether such candidates are parent
or community resident |
12 |
| candidates.
|
13 |
| (iv) Each parent voter shall be entitled to vote in the |
14 |
| local
school
council election at each attendance center in |
15 |
| which he or she has a child
currently enrolled. Each |
16 |
| community resident voter shall be entitled to
vote in the |
17 |
| local school council election at each attendance center for
|
18 |
| which he or she resides in the applicable attendance area |
19 |
| or voting
district, as the case may be.
|
20 |
| (v) Each eligible voter shall be entitled to vote once, |
21 |
| but
not more
than once, in the local school council |
22 |
| election at each attendance center
at which the voter is |
23 |
| eligible to vote.
|
24 |
| (vi) The 2 teacher members of each local school council
|
25 |
| shall be
appointed as provided in subsection (l) below each |
26 |
| to serve for a
two-year
term coinciding with that of the |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| elected parent and community resident
members.
|
2 |
| (vii) At secondary attendance centers, the voting |
3 |
| student
member shall
be appointed as provided in subsection |
4 |
| (m) below to serve
for a one-year term coinciding with the |
5 |
| beginning of the terms of the elected
parent and community |
6 |
| members of the local school council.
|
7 |
| (e) The Council shall publicize the date and place of the |
8 |
| election by
posting notices at the attendance center, in public |
9 |
| places within the
attendance boundaries of the attendance |
10 |
| center and by distributing notices
to the pupils at the |
11 |
| attendance center, and shall utilize such other means
as it |
12 |
| deems necessary to maximize the involvement of all eligible |
13 |
| voters.
|
14 |
| (f) Nomination. The Council shall publicize the opening of |
15 |
| nominations
by posting notices at the attendance center, in |
16 |
| public places within the
attendance boundaries of the |
17 |
| attendance center and by distributing notices
to the pupils at |
18 |
| the attendance center, and shall utilize such other means
as it |
19 |
| deems necessary to maximize the involvement of all eligible |
20 |
| voters.
Not less than 2 weeks before the election date, persons |
21 |
| eligible to run for
the Council shall submit their name,
date |
22 |
| of birth, social
security number, if
available,
and some |
23 |
| evidence of eligibility
to the Council. The Council shall |
24 |
| encourage nomination of candidates
reflecting the |
25 |
| racial/ethnic population of the students at the attendance
|
26 |
| center. Each person nominated who runs as a candidate shall |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| disclose, in a
manner determined by the Board, any economic |
2 |
| interest held by such person,
by such person's spouse or |
3 |
| children, or by each business entity in which
such person has |
4 |
| an ownership interest, in any contract with the Board, any
|
5 |
| local school council or any public school in the school
|
6 |
| district.
Each person
nominated who runs as a candidate shall |
7 |
| also disclose, in a manner determined
by the Board, if he or |
8 |
| she ever has been convicted of any of the offenses
specified in |
9 |
| subsection (c) of Section 34-18.5; provided that neither this
|
10 |
| provision nor any other provision of this Section shall be |
11 |
| deemed to require
the disclosure of any information that is |
12 |
| contained in any law enforcement
record or juvenile court |
13 |
| record that is confidential or whose accessibility or
|
14 |
| disclosure is restricted or prohibited under Section 5-901 or
|
15 |
| 5-905 of the Juvenile
Court Act of 1987.
Failure to make such |
16 |
| disclosure shall render a person ineligible
for election or to |
17 |
| serve on the local school council. The same
disclosure shall be
|
18 |
| required of persons under consideration for appointment to the |
19 |
| Council
pursuant to subsections (l) and (m) of this Section.
|
20 |
| (f-5) Notwithstanding disclosure, a person who has been |
21 |
| convicted of any
of
the
following offenses at any time shall be |
22 |
| ineligible for election or appointment
to a local
school |
23 |
| council and ineligible for appointment to a local school |
24 |
| council
pursuant to
subsections (l) and (m) of this Section: |
25 |
| (i) those defined in Section 11-6,
11-9.1, 11-16,
11-17.1, |
26 |
| 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| 12-15, or
12-16 of the
Criminal Code of 1961 or (ii) any |
2 |
| offense committed or attempted in any other
state or
against |
3 |
| the laws of the United States, which, if committed or attempted |
4 |
| in this
State,
would have been punishable as one or more of the |
5 |
| foregoing offenses.
Notwithstanding
disclosure, a person who |
6 |
| has been convicted of any of the following offenses
within the
|
7 |
| 10 years previous to the date of nomination or appointment |
8 |
| shall be ineligible
for election or
appointment to a local |
9 |
| school council:
(i) those defined in Section 401.1, 405.1, or |
10 |
| 405.2 of the Illinois Controlled
Substances Act or (ii) any
|
11 |
| offense committed
or attempted in any other state or against |
12 |
| the laws of the United States,
which, if
committed or attempted |
13 |
| in this State, would have been punishable as one or more
of the
|
14 |
| foregoing offenses.
|
15 |
| Immediately upon election or appointment, incoming local |
16 |
| school
council members
shall be
required to undergo a criminal |
17 |
| background investigation, to be completed prior
to the member |
18 |
| taking office,
in order to identify
any criminal convictions |
19 |
| under the offenses enumerated in Section 34-18.5.
The |
20 |
| investigation shall be conducted by the Department of State |
21 |
| Police in the
same manner as provided for in Section 34-18.5. |
22 |
| However, notwithstanding
Section 34-18.5, the social security |
23 |
| number shall be provided only if
available.
If it is determined |
24 |
| at any time that a local school council member or
member-elect |
25 |
| has been convicted
of any of the offenses enumerated in this |
26 |
| Section or failed to disclose a
conviction of any of the |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| offenses enumerated in Section 34-18.5, the general
|
2 |
| superintendent shall notify the local school council member or |
3 |
| member-elect of
such
determination and the local school council |
4 |
| member or member-elect shall be
removed from the
local school |
5 |
| council by the Board, subject to a hearing,
convened pursuant |
6 |
| to Board rule, prior to removal.
|
7 |
| (g) At least one week before the election date, the Council |
8 |
| shall
publicize, in the manner provided in subsection (e), the |
9 |
| names of persons
nominated for election.
|
10 |
| (h) Voting shall be in person by secret ballot at the |
11 |
| attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
|
12 |
| (i) Candidates receiving the highest number of votes shall |
13 |
| be declared
elected by the Council. In cases of a tie, the |
14 |
| Council shall determine the
winner by lot.
|
15 |
| (j) The Council shall certify the results of the election |
16 |
| and shall
publish the results in the minutes of the Council.
|
17 |
| (k) The general superintendent shall resolve any
disputes
|
18 |
| concerning election procedure or results and shall ensure that, |
19 |
| except as
provided in subsections (e) and (g), no resources of |
20 |
| any attendance center
shall be used to endorse or promote any |
21 |
| candidate.
|
22 |
| (l) Beginning with the 1995-1996 school year
and in every
|
23 |
| even numbered
year thereafter, the Board shall appoint 2 |
24 |
| teacher
members to each
local school council. These |
25 |
| appointments shall be made in the following
manner:
|
26 |
| (i) The Board shall appoint 2 teachers who are
employed |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| and assigned to
perform the majority of
their employment |
2 |
| duties at the attendance center
to serve on the local |
3 |
| school council of the attendance center for a two-year
term |
4 |
| coinciding with the terms of the elected parent and
|
5 |
| community members of that local school council. These
|
6 |
| appointments shall be made from among those teachers who |
7 |
| are nominated in
accordance with subsection (f).
|
8 |
| (ii) A non-binding, advisory poll to ascertain the
|
9 |
| preferences of the
school staff regarding appointments of |
10 |
| teachers to the local school council
for that attendance |
11 |
| center shall be conducted in accordance with the
procedures |
12 |
| used to elect parent and community Council |
13 |
| representatives. At
such poll, each member of the school |
14 |
| staff shall be entitled to indicate
his or her preference |
15 |
| for up to 2 candidates from among those who submitted
|
16 |
| statements of candidacy as described above. These |
17 |
| preferences shall be
advisory only and the Board shall |
18 |
| maintain absolute discretion to appoint
teacher members to |
19 |
| local school councils, irrespective of the preferences
|
20 |
| expressed in any such poll.
|
21 |
| (iii) In the event that a teacher representative is |
22 |
| unable to perform
his or her employment duties at the |
23 |
| school due to illness, disability, leave of
absence, |
24 |
| disciplinary action, or any other reason, the Board shall |
25 |
| declare
a temporary vacancy and appoint a replacement |
26 |
| teacher representative to serve
on the local school council |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| until such time as the teacher member originally
appointed |
2 |
| pursuant to this subsection (l) resumes service at the |
3 |
| attendance
center or for the remainder of the term. The |
4 |
| replacement teacher
representative shall be appointed in |
5 |
| the same manner and by the same procedures
as teacher |
6 |
| representatives are appointed in subdivisions (i) and (ii) |
7 |
| of this
subsection (l).
|
8 |
| (m) Beginning with the 1995-1996 school year, and in every
|
9 |
| year thereafter, the Board shall appoint one student member to |
10 |
| each
secondary attendance center. These appointments shall be |
11 |
| made in the
following manner:
|
12 |
| (i) Appointments shall be made from among those |
13 |
| students who submit
statements of candidacy to the |
14 |
| principal of the attendance center, such
statements to be |
15 |
| submitted commencing on the first day of the twentieth
week |
16 |
| of school and
continuing for 2 weeks thereafter. The form |
17 |
| and manner of such candidacy
statements shall be determined |
18 |
| by the Board.
|
19 |
| (ii) During the twenty-second week of school in every |
20 |
| year,
the principal of
each attendance center shall conduct |
21 |
| a non-binding, advisory poll to
ascertain the preferences |
22 |
| of the school students regarding the appointment
of a |
23 |
| student to the local school council for that attendance |
24 |
| center. At
such poll, each student shall be entitled to |
25 |
| indicate his or her preference
for up to one candidate from |
26 |
| among those who submitted statements of
candidacy as |
|
|
|
HB1771 |
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LRB095 09539 NHT 29738 b |
|
|
1 |
| described above. The Board shall promulgate rules to ensure
|
2 |
| that these non-binding, advisory polls are conducted in a |
3 |
| fair and
equitable manner and maximize the involvement of |
4 |
| all school students. The
preferences expressed in these |
5 |
| non-binding, advisory polls shall be
transmitted by the |
6 |
| principal to the Board. However, these preferences
shall be |
7 |
| advisory only and the Board shall maintain absolute |
8 |
| discretion to
appoint student members to local school |
9 |
| councils, irrespective of the
preferences expressed in any |
10 |
| such poll.
|
11 |
| (iii) For the 1995-96 school year only, appointments |
12 |
| shall be made from
among those students who submitted |
13 |
| statements of candidacy to the principal
of the attendance |
14 |
| center during the first 2 weeks of the school year.
The
|
15 |
| principal shall communicate the results of any nonbinding, |
16 |
| advisory poll to the
Board. These results shall be advisory |
17 |
| only, and the Board shall maintain
absolute discretion to |
18 |
| appoint student members to local school councils,
|
19 |
| irrespective of the preferences expressed in any such poll.
|
20 |
| (n) The Board may promulgate such other rules and |
21 |
| regulations for
election procedures as may be deemed necessary |
22 |
| to ensure fair elections.
|
23 |
| (o) In the event that a vacancy occurs during a member's |
24 |
| term, the
Council shall appoint a person eligible to serve on |
25 |
| the Council, to fill
the unexpired term created by the vacancy, |
26 |
| except that any teacher vacancy
shall be filled by the Board |
|
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| after considering the preferences of the school
staff as |
2 |
| ascertained through a non-binding advisory poll of school |
3 |
| staff.
|
4 |
| (p) If less than the specified number of persons is elected |
5 |
| within each
candidate category, the newly elected local school |
6 |
| council shall appoint
eligible persons to serve as members of |
7 |
| the Council for two-year terms.
|
8 |
| (q) The Board shall promulgate rules regarding conflicts of |
9 |
| interest
and disclosure of economic interests which shall apply |
10 |
| to local school
council members and which shall require reports |
11 |
| or statements to be filed
by Council members at regular |
12 |
| intervals with the Secretary of the
Board. Failure to comply |
13 |
| with such rules
or intentionally falsifying such reports shall |
14 |
| be grounds for
disqualification from local school council |
15 |
| membership. A vacancy on the
Council for disqualification may |
16 |
| be so declared by the Secretary of the
Board. Rules regarding |
17 |
| conflicts of interest and disclosure of
economic interests |
18 |
| promulgated by the Board shall apply to local school council
|
19 |
| members. No less than 45 days prior to the deadline, the |
20 |
| general
superintendent shall provide notice, by mail, to each |
21 |
| local school council
member of all requirements and forms for |
22 |
| compliance with economic interest
statements.
|
23 |
| (r) (1) If a parent member of a local school council ceases |
24 |
| to have any
child
enrolled in the attendance center governed by |
25 |
| the Local School Council due to
the graduation or voluntary |
26 |
| transfer of a child or children from the attendance
center, the |
|
|
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| parent's membership on the Local School Council and all voting
|
2 |
| rights are terminated immediately as of the date of the child's |
3 |
| graduation or
voluntary transfer. Further,
a local school |
4 |
| council member may be removed from the Council by a
majority |
5 |
| vote of the Council as provided in subsection (c) of Section
|
6 |
| 34-2.2 if the Council member has missed 3 consecutive regular |
7 |
| meetings, not
including committee meetings, or 5 regular |
8 |
| meetings in a 12 month period,
not including committee |
9 |
| meetings.
If a parent member of a local school council ceases |
10 |
| to be eligible to serve
on the Council for any other reason, he |
11 |
| or she shall be removed by the Board
subject
to a hearing, |
12 |
| convened pursuant to Board rule, prior to removal.
A vote to |
13 |
| remove a Council member by the local school council shall
only |
14 |
| be valid if the Council member has been notified personally or |
15 |
| by
certified mail, mailed to the person's last known address, |
16 |
| of the Council's
intent to vote on the Council member's removal |
17 |
| at least 7 days prior to the
vote. The Council member in |
18 |
| question shall have the right to explain
his or her actions and |
19 |
| shall be eligible to vote on the
question of his or her removal |
20 |
| from the Council. The provisions of this
subsection shall be |
21 |
| contained within the petitions used to nominate Council
|
22 |
| candidates.
|
23 |
| (2) A person may continue to serve as a community resident |
24 |
| member of a
local
school council as long as he or she resides |
25 |
| in the attendance area served by
the
school and is not employed |
26 |
| by the Board nor is a parent of a student enrolled
at the |
|
|
|
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| school. If a community resident member ceases to be eligible to |
2 |
| serve
on the Council, he or she shall be removed by the Board |
3 |
| subject to a hearing,
convened pursuant to Board rule, prior to |
4 |
| removal.
|
5 |
| (3) A person may continue to serve as a teacher member of a |
6 |
| local school
council as long as he or she is employed and |
7 |
| assigned to perform a majority of
his or her duties at the |
8 |
| school, provided that if the teacher representative
resigns |
9 |
| from employment with the Board or
voluntarily transfers to |
10 |
| another school, the teacher's membership on the local
school |
11 |
| council and all voting rights are terminated immediately as of |
12 |
| the date
of the teacher's resignation or upon the date of the |
13 |
| teacher's voluntary
transfer to another school. If a teacher |
14 |
| member of a local school council
ceases to be eligible to serve |
15 |
| on a local school council for any other reason,
that member |
16 |
| shall be removed by the Board subject to a hearing, convened
|
17 |
| pursuant to Board rule, prior to removal.
|
18 |
| (Source: P.A. 90-378, eff. 8-14-97; 90-590, eff. 1-1-00; |
19 |
| 91-622, eff.
8-19-99; 91-728, eff. 6-2-00.)
|
20 |
| (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
|
21 |
| Sec. 34-18. Powers of the board. The board shall exercise |
22 |
| general
supervision and jurisdiction over the public education |
23 |
| and the public
school system of the city, and, except as |
24 |
| otherwise provided by this
Article, shall have power:
|
25 |
| 1. To make suitable provision for the establishment and |
|
|
|
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| maintenance
throughout the year or for such portion thereof |
2 |
| as it may direct, not
less than 9 months, of schools of all |
3 |
| grades and kinds, including normal
schools, high schools, |
4 |
| night schools, schools for defectives and
delinquents, |
5 |
| parental and truant schools, schools for the blind, the
|
6 |
| deaf and the crippled, schools or classes in manual |
7 |
| training,
constructural and vocational teaching, domestic |
8 |
| arts and physical
culture, vocation and extension schools |
9 |
| and lecture courses, and all
other educational courses and |
10 |
| facilities, including establishing,
equipping, maintaining |
11 |
| and operating playgrounds and recreational
programs, when |
12 |
| such programs are conducted in, adjacent to, or connected
|
13 |
| with any public school under the general supervision and |
14 |
| jurisdiction
of the board; provided that (i) the board may |
15 |
| not operate any schools within the district on a full year |
16 |
| school plan, (ii) the calendar for the school term and any |
17 |
| changes must be submitted to and approved by the State |
18 |
| Board of Education before the calendar or changes may take |
19 |
| effect, and (iii)
provided that in allocating funds
from |
20 |
| year to year for the operation of all attendance centers |
21 |
| within the
district, the board shall ensure that |
22 |
| supplemental general State aid funds
are allocated and |
23 |
| applied in accordance with Section 18-8 or 18-8.05. To
|
24 |
| admit to such
schools without charge foreign exchange |
25 |
| students who are participants in
an organized exchange |
26 |
| student program which is authorized by the board.
The board |
|
|
|
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| shall permit all students to enroll in apprenticeship |
2 |
| programs
in trade schools operated by the board, whether |
3 |
| those programs are
union-sponsored or not. No student shall |
4 |
| be refused admission into or
be excluded from any course of |
5 |
| instruction offered in the common schools
by reason of that |
6 |
| student's sex. No student shall be denied equal
access to |
7 |
| physical education and interscholastic athletic programs
|
8 |
| supported from school district funds or denied |
9 |
| participation in
comparable physical education and |
10 |
| athletic programs solely by reason of
the student's sex. |
11 |
| Equal access to programs supported from school
district |
12 |
| funds and comparable programs will be defined in rules
|
13 |
| promulgated by the State Board of Education in
consultation |
14 |
| with the Illinois High School Association.
Notwithstanding |
15 |
| any other provision of this Article, neither the board
of |
16 |
| education nor any local school council or other school |
17 |
| official shall
recommend that children with disabilities |
18 |
| be placed into regular education
classrooms unless those |
19 |
| children with disabilities are provided with
supplementary |
20 |
| services to assist them so that they benefit from the |
21 |
| regular
classroom instruction and are included on the |
22 |
| teacher's regular education
class register;
|
23 |
| 2. To furnish lunches to pupils, to make a reasonable |
24 |
| charge
therefor, and to use school funds for the payment of |
25 |
| such expenses as
the board may determine are necessary in |
26 |
| conducting the school lunch
program;
|
|
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| 3. To co-operate with the circuit court;
|
2 |
| 4. To make arrangements with the public or quasi-public |
3 |
| libraries
and museums for the use of their facilities by |
4 |
| teachers and pupils of
the public schools;
|
5 |
| 5. To employ dentists and prescribe their duties for |
6 |
| the purpose of
treating the pupils in the schools, but |
7 |
| accepting such treatment shall
be optional with parents or |
8 |
| guardians;
|
9 |
| 6. To grant the use of assembly halls and classrooms |
10 |
| when not
otherwise needed, including light, heat, and |
11 |
| attendants, for free public
lectures, concerts, and other |
12 |
| educational and social interests, free of
charge, under |
13 |
| such provisions and control as the principal of the
|
14 |
| affected attendance center may prescribe;
|
15 |
| 7. To apportion the pupils to the several schools; |
16 |
| provided that no pupil
shall be excluded from or segregated |
17 |
| in any such school on account of his
color, race, sex, or |
18 |
| nationality. The board shall take into consideration
the |
19 |
| prevention of segregation and the elimination of |
20 |
| separation of children
in public schools because of color, |
21 |
| race, sex, or nationality. Except that
children may be |
22 |
| committed to or attend parental and social adjustment |
23 |
| schools
established and maintained either for boys or girls |
24 |
| only. All records
pertaining to the creation, alteration or |
25 |
| revision of attendance areas shall
be open to the public. |
26 |
| Nothing herein shall limit the board's authority to
|
|
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| establish multi-area attendance centers or other student |
2 |
| assignment systems
for desegregation purposes or |
3 |
| otherwise, and to apportion the pupils to the
several |
4 |
| schools. Furthermore, beginning in school year 1994-95, |
5 |
| pursuant
to a board plan adopted by October 1, 1993, the |
6 |
| board shall offer, commencing
on a phased-in basis, the |
7 |
| opportunity for families within the school
district to |
8 |
| apply for enrollment of their children in any attendance |
9 |
| center
within the school district which does not have |
10 |
| selective admission
requirements approved by the board. |
11 |
| The appropriate geographical area in
which such open |
12 |
| enrollment may be exercised shall be determined by the
|
13 |
| board of education. Such children may be admitted to any |
14 |
| such attendance
center on a space available basis after all |
15 |
| children residing within such
attendance center's area |
16 |
| have been accommodated. If the number of
applicants from |
17 |
| outside the attendance area exceed the space available,
|
18 |
| then successful applicants shall be selected by lottery. |
19 |
| The board of
education's open enrollment plan must include |
20 |
| provisions that allow low
income students to have access to |
21 |
| transportation needed to exercise school
choice. Open |
22 |
| enrollment shall be in compliance with the provisions of |
23 |
| the
Consent Decree and Desegregation Plan cited in Section |
24 |
| 34-1.01;
|
25 |
| 8. To approve programs and policies for providing |
26 |
| transportation
services to students. Nothing herein shall |
|
|
|
HB1771 |
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| be construed to permit or empower
the State Board of |
2 |
| Education to order, mandate, or require busing or other
|
3 |
| transportation of pupils for the purpose of achieving |
4 |
| racial balance in any
school;
|
5 |
| 9. Subject to the limitations in this Article, to |
6 |
| establish and
approve system-wide curriculum objectives |
7 |
| and standards, including graduation
standards, which |
8 |
| reflect the
multi-cultural diversity in the city and are |
9 |
| consistent with State law,
provided that for all purposes |
10 |
| of this Article courses or
proficiency in American Sign |
11 |
| Language shall be deemed to constitute courses
or |
12 |
| proficiency in a foreign language; and to employ principals |
13 |
| and teachers,
appointed as provided in this
Article, and |
14 |
| fix their compensation. The board shall prepare such |
15 |
| reports
related to minimal competency testing as may be |
16 |
| requested by the State
Board of Education, and in addition |
17 |
| shall monitor and approve special
education and bilingual |
18 |
| education programs and policies within the district to
|
19 |
| assure that appropriate services are provided in |
20 |
| accordance with applicable
State and federal laws to |
21 |
| children requiring services and education in those
areas;
|
22 |
| 10. To employ non-teaching personnel or utilize |
23 |
| volunteer personnel
for: (i) non-teaching duties not |
24 |
| requiring instructional judgment or
evaluation of pupils, |
25 |
| including library duties; and (ii) supervising study
|
26 |
| halls, long distance teaching reception areas used |
|
|
|
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| incident to instructional
programs transmitted by |
2 |
| electronic media such as computers, video, and audio,
|
3 |
| detention and discipline areas, and school-sponsored |
4 |
| extracurricular
activities. The board may further utilize |
5 |
| volunteer non-certificated
personnel or employ |
6 |
| non-certificated personnel to
assist in the instruction of |
7 |
| pupils under the immediate supervision of a
teacher holding |
8 |
| a valid certificate, directly engaged in teaching
subject |
9 |
| matter or conducting activities; provided that the teacher
|
10 |
| shall be continuously aware of the non-certificated |
11 |
| persons' activities and
shall be able to control or modify |
12 |
| them. The general superintendent shall
determine |
13 |
| qualifications of such personnel and shall prescribe rules |
14 |
| for
determining the duties and activities to be assigned to |
15 |
| such personnel;
|
16 |
| 10.5. To utilize volunteer personnel from a regional |
17 |
| School Crisis
Assistance Team (S.C.A.T.), created as part |
18 |
| of the Safe to Learn Program
established pursuant to |
19 |
| Section 25 of the Illinois Violence Prevention Act
of 1995, |
20 |
| to provide assistance to schools in times of violence or |
21 |
| other
traumatic incidents within a school community by |
22 |
| providing crisis
intervention services to lessen the |
23 |
| effects of emotional trauma on
individuals and the |
24 |
| community; the School Crisis Assistance Team
Steering |
25 |
| Committee shall determine the qualifications for |
26 |
| volunteers;
|
|
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|
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| 11. To provide television studio facilities in not to |
2 |
| exceed one
school building and to provide programs for |
3 |
| educational purposes,
provided, however, that the board |
4 |
| shall not construct, acquire, operate,
or maintain a |
5 |
| television transmitter; to grant the use of its studio
|
6 |
| facilities to a licensed television station located in the |
7 |
| school
district; and to maintain and operate not to exceed |
8 |
| one school radio
transmitting station and provide programs |
9 |
| for educational purposes;
|
10 |
| 12. To offer, if deemed appropriate, outdoor education |
11 |
| courses,
including field trips within the State of |
12 |
| Illinois, or adjacent states,
and to use school educational |
13 |
| funds for the expense of the said outdoor
educational |
14 |
| programs, whether within the school district or not;
|
15 |
| 13. During that period of the calendar year not |
16 |
| embraced within the
regular school term, to provide and |
17 |
| conduct courses in subject matters
normally embraced in the |
18 |
| program of the schools during the regular
school term and |
19 |
| to give regular school credit for satisfactory
completion |
20 |
| by the student of such courses as may be approved for |
21 |
| credit
by the State Board of Education;
|
22 |
| 14. To insure against any loss or liability of the |
23 |
| board,
the former School Board Nominating Commission, |
24 |
| Local School Councils, the
Chicago Schools Academic |
25 |
| Accountability Council, or the former Subdistrict
Councils |
26 |
| or of any member, officer, agent or employee thereof, |
|
|
|
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|
1 |
| resulting
from alleged violations of civil rights arising |
2 |
| from incidents occurring on
or after September 5, 1967 or |
3 |
| from the wrongful or negligent act or
omission of any such |
4 |
| person whether occurring within or without the school
|
5 |
| premises, provided the officer, agent or employee was, at |
6 |
| the time of the
alleged violation of civil rights or |
7 |
| wrongful act or omission, acting
within the scope of his |
8 |
| employment or under direction of the board, the
former |
9 |
| School
Board Nominating Commission, the Chicago Schools |
10 |
| Academic Accountability
Council, Local School Councils, or |
11 |
| the former Subdistrict Councils;
and to provide for or |
12 |
| participate in insurance plans for its officers and
|
13 |
| employees, including but not limited to retirement |
14 |
| annuities, medical,
surgical and hospitalization benefits |
15 |
| in such types and amounts as may be
determined by the |
16 |
| board; provided, however, that the board shall contract
for |
17 |
| such insurance only with an insurance company authorized to |
18 |
| do business
in this State. Such insurance may include |
19 |
| provision for employees who rely
on treatment by prayer or |
20 |
| spiritual means alone for healing, in accordance
with the |
21 |
| tenets and practice of a recognized religious |
22 |
| denomination;
|
23 |
| 15. To contract with the corporate authorities of any |
24 |
| municipality
or the county board of any county, as the case |
25 |
| may be, to provide for
the regulation of traffic in parking |
26 |
| areas of property used for school
purposes, in such manner |
|
|
|
HB1771 |
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|
1 |
| as is provided by Section 11-209 of The
Illinois Vehicle |
2 |
| Code, approved September 29, 1969, as amended;
|
3 |
| 16. (a) To provide, on an equal basis, access to a high
|
4 |
| school campus and student directory information to the
|
5 |
| official recruiting representatives of the armed forces of |
6 |
| Illinois and
the United States for the purposes of |
7 |
| informing students of the educational
and career |
8 |
| opportunities available in the military if the board has |
9 |
| provided
such access to persons or groups whose purpose is |
10 |
| to acquaint students with
educational or occupational |
11 |
| opportunities available to them. The board
is not required |
12 |
| to give greater notice regarding the right of access to
|
13 |
| recruiting representatives than is given to other persons |
14 |
| and groups. In
this paragraph 16, "directory information" |
15 |
| means a high school
student's name, address, and telephone |
16 |
| number.
|
17 |
| (b) If a student or his or her parent or guardian |
18 |
| submits a signed,
written request to the high school before |
19 |
| the end of the student's sophomore
year (or if the student |
20 |
| is a transfer student, by another time set by
the high |
21 |
| school) that indicates that the student or his or her |
22 |
| parent or
guardian does
not want the student's directory |
23 |
| information to be provided to official
recruiting |
24 |
| representatives under subsection (a) of this Section, the |
25 |
| high
school may not provide access to the student's |
26 |
| directory information to
these recruiting representatives. |
|
|
|
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|
1 |
| The high school shall notify its
students and their parents |
2 |
| or guardians of the provisions of this
subsection (b).
|
3 |
| (c) A high school may require official recruiting |
4 |
| representatives of
the armed forces of Illinois and the |
5 |
| United States to pay a fee for copying
and mailing a |
6 |
| student's directory information in an amount that is not
|
7 |
| more than the actual costs incurred by the high school.
|
8 |
| (d) Information received by an official recruiting |
9 |
| representative
under this Section may be used only to |
10 |
| provide information to students
concerning educational and |
11 |
| career opportunities available in the military
and may not |
12 |
| be released to a person who is not involved in recruiting
|
13 |
| students for the armed forces of Illinois or the United |
14 |
| States;
|
15 |
| 17. (a) To sell or market any computer program |
16 |
| developed by an employee
of the school district, provided |
17 |
| that such employee developed the computer
program as a |
18 |
| direct result of his or her duties with the school district
|
19 |
| or through the utilization of the school district resources |
20 |
| or facilities.
The employee who developed the computer |
21 |
| program shall be entitled to share
in the proceeds of such |
22 |
| sale or marketing of the computer program. The
distribution |
23 |
| of such proceeds between the employee and the school |
24 |
| district
shall be as agreed upon by the employee and the |
25 |
| school district, except
that neither the employee nor the |
26 |
| school district may receive more than 90%
of such proceeds. |
|
|
|
HB1771 |
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1 |
| The negotiation for an employee who is represented by an
|
2 |
| exclusive bargaining representative may be conducted by |
3 |
| such bargaining
representative at the employee's request.
|
4 |
| (b) For the purpose of this paragraph 17:
|
5 |
| (1) "Computer" means an internally programmed, |
6 |
| general purpose digital
device capable of |
7 |
| automatically accepting data, processing data and |
8 |
| supplying
the results of the operation.
|
9 |
| (2) "Computer program" means a series of coded |
10 |
| instructions or
statements in a form acceptable to a |
11 |
| computer, which causes the computer to
process data in |
12 |
| order to achieve a certain result.
|
13 |
| (3) "Proceeds" means profits derived from |
14 |
| marketing or sale of a product
after deducting the |
15 |
| expenses of developing and marketing such product;
|
16 |
| 18. To delegate to the general superintendent of
|
17 |
| schools, by resolution, the authority to approve contracts |
18 |
| and expenditures
in amounts of $10,000 or less;
|
19 |
| 19. Upon the written request of an employee, to |
20 |
| withhold from
the compensation of that employee any dues, |
21 |
| payments or contributions
payable by such employee to any |
22 |
| labor organization as defined in the
Illinois Educational |
23 |
| Labor Relations Act. Under such arrangement, an
amount |
24 |
| shall be withheld from each regular payroll period which is |
25 |
| equal to
the pro rata share of the annual dues plus any |
26 |
| payments or contributions,
and the board shall transmit |
|
|
|
HB1771 |
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|
1 |
| such withholdings to the specified labor
organization |
2 |
| within 10 working days from the time of the withholding;
|
3 |
| 19a. Upon receipt of notice from the comptroller of a |
4 |
| municipality with
a population of 500,000 or more, a county |
5 |
| with a population of 3,000,000 or
more, the Cook County |
6 |
| Forest Preserve District, the Chicago Park District, the
|
7 |
| Metropolitan Water Reclamation District, the Chicago |
8 |
| Transit Authority, or
a housing authority of a municipality |
9 |
| with a population of 500,000 or more
that a debt is due and |
10 |
| owing the municipality, the county, the Cook County
Forest |
11 |
| Preserve District, the Chicago Park District, the |
12 |
| Metropolitan Water
Reclamation District, the Chicago |
13 |
| Transit Authority, or the housing authority
by an employee |
14 |
| of the Chicago Board of Education, to withhold, from the
|
15 |
| compensation of that employee, the amount of the debt that |
16 |
| is due and owing
and pay the amount withheld to the |
17 |
| municipality, the county, the Cook County
Forest Preserve |
18 |
| District, the Chicago Park District, the Metropolitan |
19 |
| Water
Reclamation District, the Chicago Transit Authority, |
20 |
| or the housing authority;
provided, however, that the |
21 |
| amount
deducted from any one salary or wage payment shall |
22 |
| not exceed 25% of the net
amount of the payment. Before the |
23 |
| Board deducts any amount from any salary or
wage of an |
24 |
| employee under this paragraph, the municipality, the |
25 |
| county, the
Cook County Forest Preserve District, the |
26 |
| Chicago Park District, the
Metropolitan Water Reclamation |
|
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| District, the Chicago Transit Authority, or the
housing |
2 |
| authority shall certify that (i) the employee has been |
3 |
| afforded an
opportunity for a hearing to dispute the debt |
4 |
| that is due and owing the
municipality, the county, the |
5 |
| Cook County Forest Preserve District, the Chicago
Park |
6 |
| District, the Metropolitan Water Reclamation District, the |
7 |
| Chicago Transit
Authority, or the housing authority and |
8 |
| (ii) the employee has received notice
of a wage deduction |
9 |
| order and has been afforded an opportunity for a hearing to
|
10 |
| object to the order. For purposes of this paragraph, "net |
11 |
| amount" means that
part of the salary or wage payment |
12 |
| remaining after the deduction of any amounts
required by |
13 |
| law to be deducted and "debt due and owing" means (i) a |
14 |
| specified
sum of money owed to the municipality, the |
15 |
| county, the Cook County Forest
Preserve District, the |
16 |
| Chicago Park District, the Metropolitan Water
Reclamation |
17 |
| District, the Chicago Transit Authority, or the housing |
18 |
| authority
for services, work, or goods, after the period |
19 |
| granted for payment has expired,
or (ii) a specified sum of |
20 |
| money owed to the municipality, the county, the Cook
County |
21 |
| Forest Preserve District, the Chicago Park District, the |
22 |
| Metropolitan
Water Reclamation District, the Chicago |
23 |
| Transit Authority, or the housing
authority pursuant to a |
24 |
| court order or order of an administrative hearing
officer |
25 |
| after the exhaustion of, or the failure to exhaust, |
26 |
| judicial review;
|
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| 20. The board is encouraged to employ a sufficient |
2 |
| number of
certified school counselors to maintain a |
3 |
| student/counselor ratio of 250 to
1 by July 1, 1990. Each |
4 |
| counselor shall spend at least 75% of his work
time in |
5 |
| direct contact with students and shall maintain a record of |
6 |
| such time;
|
7 |
| 21. To make available to students vocational and career
|
8 |
| counseling and to establish 5 special career counseling |
9 |
| days for students
and parents. On these days |
10 |
| representatives of local businesses and
industries shall |
11 |
| be invited to the school campus and shall inform students
|
12 |
| of career opportunities available to them in the various |
13 |
| businesses and
industries. Special consideration shall be |
14 |
| given to counseling minority
students as to career |
15 |
| opportunities available to them in various fields.
For the |
16 |
| purposes of this paragraph, minority student means a person |
17 |
| who is:
|
18 |
| (a) Black (a person having origins in any of the |
19 |
| black racial groups
in Africa);
|
20 |
| (b) Hispanic (a person of Spanish or Portuguese |
21 |
| culture with
origins in Mexico, South or Central |
22 |
| America, or the Caribbean islands,
regardless of |
23 |
| race);
|
24 |
| (c) Asian American (a person having origins in any |
25 |
| of the original
peoples of the Far East, Southeast |
26 |
| Asia, the Indian Subcontinent or the
Pacific Islands); |
|
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LRB095 09539 NHT 29738 b |
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| or
|
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| (d) American Indian or Alaskan Native (a person |
3 |
| having origins in any of
the original peoples of North |
4 |
| America).
|
5 |
| Counseling days shall not be in lieu of regular school |
6 |
| days;
|
7 |
| 22. To report to the State Board of Education the |
8 |
| annual
student dropout rate and number of students who |
9 |
| graduate from, transfer
from or otherwise leave bilingual |
10 |
| programs;
|
11 |
| 23. Except as otherwise provided in the Abused and |
12 |
| Neglected Child
Reporting Act or other applicable State or |
13 |
| federal law, to permit school
officials to withhold, from |
14 |
| any person, information on the whereabouts of
any child |
15 |
| removed from school premises when the child has been taken |
16 |
| into
protective custody as a victim of suspected child |
17 |
| abuse. School officials
shall direct such person to the |
18 |
| Department of Children and Family Services,
or to the local |
19 |
| law enforcement agency if appropriate;
|
20 |
| 24. To develop a policy, based on the current state of |
21 |
| existing school
facilities, projected enrollment and |
22 |
| efficient utilization of available
resources, for capital |
23 |
| improvement of schools and school buildings within
the |
24 |
| district, addressing in that policy both the relative |
25 |
| priority for
major repairs, renovations and additions to |
26 |
| school facilities, and the
advisability or necessity of |
|
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HB1771 |
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| building new school facilities or closing
existing schools |
2 |
| to meet current or projected demographic patterns within
|
3 |
| the district;
|
4 |
| 25. To make available to the students in every high |
5 |
| school attendance
center the ability to take all courses |
6 |
| necessary to comply with the Board
of Higher Education's |
7 |
| college entrance criteria effective in 1993;
|
8 |
| 26. To encourage mid-career changes into the teaching |
9 |
| profession,
whereby qualified professionals become |
10 |
| certified teachers, by allowing
credit for professional |
11 |
| employment in related fields when determining point
of |
12 |
| entry on teacher pay scale;
|
13 |
| 27. To provide or contract out training programs for |
14 |
| administrative
personnel and principals with revised or |
15 |
| expanded duties pursuant to this
Act in order to assure |
16 |
| they have the knowledge and skills to perform
their duties;
|
17 |
| 28. To establish a fund for the prioritized special |
18 |
| needs programs, and
to allocate such funds and other lump |
19 |
| sum amounts to each attendance center
in a manner |
20 |
| consistent with the provisions of part 4 of Section 34-2.3.
|
21 |
| Nothing in this paragraph shall be construed to require any |
22 |
| additional
appropriations of State funds for this purpose;
|
23 |
| 29. (Blank);
|
24 |
| 30. Notwithstanding any other provision of this Act or |
25 |
| any other law to
the contrary, to contract with third |
26 |
| parties for services otherwise performed
by employees, |
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1 |
| including those in a bargaining unit, and to layoff those
|
2 |
| employees upon 14 days written notice to the affected |
3 |
| employees. Those
contracts may be for a period not to |
4 |
| exceed 5 years and may be awarded on a
system-wide basis;
|
5 |
| 31. To promulgate rules establishing procedures |
6 |
| governing the layoff or
reduction in force of employees and |
7 |
| the recall of such employees, including,
but not limited |
8 |
| to, criteria for such layoffs, reductions in force or |
9 |
| recall
rights of such employees and the weight to be given |
10 |
| to any particular
criterion. Such criteria shall take into |
11 |
| account factors including, but not be
limited to, |
12 |
| qualifications, certifications, experience, performance |
13 |
| ratings or
evaluations, and any other factors relating to |
14 |
| an employee's job performance;
|
15 |
| 32. To develop a policy to prevent nepotism in the |
16 |
| hiring of personnel
or the selection of contractors;
|
17 |
| 33. To enter into a partnership agreement, as required |
18 |
| by
Section 34-3.5 of this Code, and, notwithstanding any |
19 |
| other
provision of law to the contrary, to promulgate |
20 |
| policies, enter into
contracts, and take any other action |
21 |
| necessary to accomplish the
objectives and implement the |
22 |
| requirements of that agreement; and
|
23 |
| 34. To establish a Labor Management Council to the |
24 |
| board
comprised of representatives of the board, the chief |
25 |
| executive
officer, and those labor organizations that are |
26 |
| the exclusive
representatives of employees of the board and |
|
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HB1771 |
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LRB095 09539 NHT 29738 b |
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1 |
| to promulgate
policies and procedures for the operation of |
2 |
| the Council.
|
3 |
| The specifications of the powers herein granted are not to |
4 |
| be
construed as exclusive but the board shall also exercise all |
5 |
| other
powers that they may be requisite or proper for the |
6 |
| maintenance and the
development of a public school system, not |
7 |
| inconsistent with the other
provisions of this Article or |
8 |
| provisions of this Code which apply to all
school districts.
|
9 |
| In addition to the powers herein granted and authorized to |
10 |
| be exercised
by the board, it shall be the duty of the board to |
11 |
| review or to direct
independent reviews of special education |
12 |
| expenditures and services.
The board shall file a report of |
13 |
| such review with the General Assembly on
or before May 1, 1990.
|
14 |
| (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; |
15 |
| 92-724, eff. 7-25-02; 93-3, eff. 4-16-03; 93-1036, eff. |
16 |
| 9-14-04.)
|
17 |
| (105 ILCS 5/10-19.2 rep.)
|
18 |
| (105 ILCS 5/34-21.4 rep.)
|
19 |
| Section 10. The School Code is amended by repealing |
20 |
| Sections 10-19.2 and 34-21.4.
|